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City Council Meeting - Council - Regular Agenda - 2/21/2023
^*4 KENT CITY COUNCIL AGENDA • Tuesday, February 21, 2023 1--7KENT 7:00 PM W A 5 H I N G T O N Chambers A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID: 863 1888 2910 Passcode: 112680 Mayor Dana Ralph Council President Bill Boyce Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Toni Troutner Councilmember Marli Larimer Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Public Safety Report 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report and Chief Administrative Officer's Report B. Councilmembers' Reports 6. PUBLIC HEARING 7. PUBLIC COMMENT City Council Meeting City Council Regular Meeting February 21, 2023 The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent or to agenda items Council will consider at this meeting. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measure or candidate for office. Public Comment may be provided orally at the meeting, or submitted in writing, either by emailing the City Clerk by 4 p.m. on the day of the meeting at CityClerk@kentwa.gov or delivering the writing to the City Clerk at the meeting. If you will have difficulty attending the meeting by reason of disability, limited mobility, or any other reason that makes physical attendance difficult, and need accommodation in order to provide oral comment remotely, please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerk0kentwa. gov. When called to speak during the meeting, please state your name and city of residence for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor and Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. Alternatively, you may email the Mayor and Council at MayorCcDKentWA.aov and CityCounci10KentWA.gov. Emails are not read into the record. 8. CONSENT CALENDAR A. Approval of Minutes i. Council Workshop - Workshop Special Meeting - Feb 3, 2023 8:00 AM ii. Council Workshop - Workshop Regular Meeting - Feb 7, 2023 5:00 PM iii. City Council Meeting - City Council Regular Meeting - Feb 7, 2023 7:00 PM B. Excused absence for Councilmember Michaud - Approve C. Excused Absence for Councilmember Thomas - Approve D. Ordinance Authorizing Remote Meetings for Boards and Commissions. - Adopt E. 2021 Countywide Planning Policy Amendments - Adopt F. Wagner Architects and Planners KEHOC design - Authorize G. 2023 Recycling Events Goods & Services Agreement with Olympic Environmental Resources, Inc. - Authorize H. Speed Limit Changes - Adopt I. Washington State Salmon Recovery Funding Board Grant Application - Authorize J. Puget Sound Regional Council Grant for Meet Me on Meeker - Thompson Avenue to Interurban Trail - Authorize K. Puget Sound Regional Council, King County Competition Grant for East Valley Highway Preservation (84th Avenue South from S 212th Street to S 196th Street) - Authorize 9. OTHER BUSINESS Citv Council Meetinq Citv Council Regular Meetinq February 21, 2023 10. BIDS 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE:A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service 7-1-1. 5.A Administration • A significant amount of staff time continues to be spent working with our lobbyist on proposed legislation. Last Friday was the first cut-off of session and the work on refining bills that have been passed out of policy committees has begun. Several employees including Julie Stormes from Law, Chief Padilla and the mayor have made trips to Olympia to testify on bills. We will stay engaged and provide input on things that will have both positive and negative impacts for the City and residents. • Kent 101 started with a presentation from Administration with Pat Fitzpatrick and Kim Komoto presenting. Last week was a presentation from Finance and HR. We have 35 engaged residents participating - off to a great start. • At this week's council meeting Uriel Varela, our Race and Equity Manager, will be presenting the Race and Equity Strategic Plan to Council for adoption. This has been a long, deliberate effort and we are looking forward to implementation. Communications • Thank you to all who attended the employee Valentine's Day "KENT4Eva" event. It was great to see everyone, and we look forward to having more gatherings like this throughout the year! • Make sure and mark your calendar for the Mayor's State of the City Address at Kent - Meridian High School on March 14 at 7:00 pm. Doors will open at 6:30. • We have a podcast! Download "KentNow" and hear Josh and Tracy break down all the fun and newsworthy events in the city, talk with special guests and more. Listen to the latest episodes now on: Apple Podcasts http://apple.co/332UMkd ; Spotify http://spoti.fi/3GNCeli Race and Equity • The Race and Equity Team is beginning to work with the new Government Performance Coordinator to move along Title VI work. The priority project includes streamlining processes and procedures with Public Works to complete the annual Title VI report for WSDOT. Current Planning • Sr. Planner Nate Schildmeyer has been selected to be ECD's new Current Planning Manager. Nate joined the team in October of 2021, and during the challenging period since, has consistently demonstrated leadership potential through team building collaboration and commitment to meeting department and city goals. Long Range Planning • Two new Land Use and Planning Board members have been appointed: Justus Phelps and Benjamin Reid, and all seats on the committee are occupied. Meetings in 2023 commenced with a training about roles and responsibilities, the Open Public Meetings Act, records requests, and Robert's Rules. The LUPB activities for the next two years will focus on housing policy and the Comprehensive Plan update. Page 1 of 9 Packet Pg. 4 • Staff recently launched community engagement to gather feedback on proposed code amendments for accessory dwelling units (ADUs). Surveys are available in English and Spanish in paper and online formats. Additionally, staff will attend several community events to distribute surveys and answer questions about the project. Surveys are available through March 10, 2023 at www.kentwa.gov/ADU. Building Services • Building inspectors completed 669 inspections in January, even with the departure of George Naill at mid -month. • Plan reviewers completed 138 plan reviews. • All building services staff will complete International Code Council (ICC) training from February 27 through March 2. This serves to maintain their professional certifications and prepare them for the switch to 2021 code standards which will take effect July 1 of this year. • Recruiting efforts yielded one new inspector to start March 1, and a new plan reviewer to start April 1. Budget • The Budget group continues to work on the 2023-2024 Adopted Biennial Budget book. • The group has also been working on 2022 year-end calculations and 2023 budget and allocation setup. Customer Service • Customer Service is receiving a high volume of calls from utility customers regarding the 2023 utility rate increases, which debuted on their January 2023 billing statement. • Lease renewal options are being evaluated for the City mailroom postage machine. Accounting and Reporting • The State Auditor's Accountability Audit is ongoing. Thank you to all departments that have provided requested data. • Communication regarding the City's changeover to an Amazon Prime Business account was sent out to department 5.A liaisons last week. The final users list is nearing completion and distribution. • Please continue to reach out to accounting@kentwa.gov or accountspayable@kentwa.gov regarding 13th period adjustments and year-end closing questions. Payroll • A project to conduct an in-depth review of can the structure of all earn codes is underway. Tax and License • Finance staff worked with the Kent Police c Department to ensure all towing companies 5 that contract with the City for towing E services have an active City business o license. n • There were 1,297 businesses onboarded to a the City B&O tax system in 2022. Workday • Review HCM Tenant Analysis report with CVS • Applied COLA for AFSCME and Teamsters • Configuration and Testing contract changes for the 2023-2025 AFSCME and Teamsters contracts. • Testing Workday 2023 R1 Release - Go Live 3/11/2023 • Workday Issue Tracking total issues reported: 0 240 (includes citywide and department specific requests/issues). o Total closed 179 o Total open in progress 15 o Total open 46 Workday January Statistics: • 8929 - total number of business process events initiated during the selected month. • 458 - total number of business process events that were initiated by a manager during the selected month • 53 - total number of business processes completed including new hires, terminations and job changes. • 62 - total number of employee benefits business processes completed in the selected month. This includes retirement savings changes, addition of dependents to an enrollment, new enrollments, and changes to eligibility. Page 2 of 9 Packet Pg. 5 5.A Benefits • Keturah Melton, HR Benefits Analyst joined our team on 2/1/23. Training is in progress. • RDS reconciliation in progress • Gathering data for the GASB75 report • Gathering information in response to state auditors' request • Finalized the CMS disclosure report • Working with CVS on system configuration for AFSCME and Teamsters CBA changes • Be Well Wellness Points Challenge in progress - scheduled to end February 28 • ACA 1095 forms have been mailed to benefited eligible employees at the end of January Labor • AFSCME Labor Management Meeting • Non -rep salary survey job description deep dive Recruiting • One new employee starting on February 16: Teddie Pequet in IT (Technical Support Specialist II) • Ben Kaufman was promoted to the Public Disclosure Analyst position in the City Clerk's Office and Tabitha Solari was promoted to Code Enforcement Officer in the Police Department effective 2/16. • Computer assessment testing conducted on 2/13 for the Administrative Assistant II position in the Police department • Interviews for the following positions taking place this week and next: Civil Engineering Designer 2, Custodian (2nd interviews), GIS Analyst 2, Payroll Supervisor and Risk Manager. Information Technology Projects To replace the Police Department's jail management system, Tiburon, with a scalable solution that will integrate with other department systems for centralized management and secure/encrypted data share. The solution will streamline the current jail management system landscape resulting in more efficient, accurate tracking of inmate records, long term physical security goals and maintenance contract savings. This project should be complete within a $990,000.00 budget by Q4 2023. PRISM NPDES & Backflow Replacement - to replace the current end of life PRISM Access database used to manage Code Compliance workflows, including NPDES (National Pollutant Discharge Elimination System), FOG (Fats, Oils, and Grease), cross connection control, backflow prevention, and erosion control workflow with software and hardware that support collaboration and streamline the manual current state processes within Public Works Engineering. This project should be complete within a $125,000.00 budget by Q2 2023. Information Technology operational support for February 5, 2023 to February 14, 2023 • Number of tickets opened - 106 • Number of tickets closed - 179 On February 1, the Law Department welcomed its newest prosecutor, Elizabeth Abbott. A very experienced team just brought on another seasoned prosecutor. Elizabeth brings with her 19 years of experience as a felony and municipal prosecutor in both California and Washington. Sara Watson, Michele Walker, and Julie Stormes testified on three bills before the legislature: HB 1385 concerning civil asset forfeitures, HB 1440 concerning juvenile jurisdiction, and SB 5606 related to street racing that would allow for the impoundment and forfeiture of racer's cars. In preparation for the February trial term, staff prepared 81 cases for jury trial spread across 54 defendants. Preparing these cases for trial required staff to contact 103 witnesses, conduct interviews, and review all evidence associated with each case. As part of this process, prosecutors reviewed body cam footage that totaled more than 152 hours in length, which is the equivalent of over 19 days of work for a single full-time employee. After careful preparations, not a single one of the 54 defendants confirmed their case(s) for trial. Cn c U c 0 U E 0 0 a a� Page 3 of 9 Packet Pg. 6 5.A • Prepared for and met with the Independent Salary Commission and assisted them as requested to prepare a proposed salary schedule for the positions of Mayor, the Council President, and members of the City Council. • Assisted the HR Department in a number of sensitive employment and labor related matters. • Assisted City departments in reviewing and negotiating contract terms for a number of contracts related to construction, technological, and development projects. • Assisted outside counsel on a number of cases currently in litigation. • Worked with staff to acquire the property rights necessary to complete various projects throughout the City. Facilities • Solar grant process for Senior Center is underway. Timeline is 2023. The consultant, Sazan, has the full Solar + Storage study underway. • The gym partition wall at Commons has been removed and the new drop -down curtain is scheduled to be installed 2/20/23. • Courthouse and Corrections generator project is going to be in a holding pattern for a while as the new generator is expected to now arrive in May 2023, which is a month past the original date. We will continue to track this. • Police HQ Renovation is complete. • Senior Center Roof project is nearing completion. Additional work is needed this spring/summer when we have dry, warm weather. • IT Annex remodel is substantially complete. Minor punch list items to be complete in the next couple weeks. • Contracting with Elevator Consulting Services (ECS) for elevator modernizations at Centennial Center. • A new commercial walk-in refrigerator for Corrections is scheduled for install starting 3/27/23. • Driving Range smashed doors are now replaced. • Kent Commons renovation plans are moving along. • Court room renovation plans are almost complete and working on a project schedule. • Siemens contract was approved by Committee and Council. Finalizing the contract and initiating the work in the coming weeks. • City Hall Campus generator controls upgrade for the PLC (Programmable Logic Controller) is approved and moving into scheduling. • Centennial Center exterior reseal is scheduled to begin in the next few weeks, finalizing schedule. This will require one side of the building to be shut down at a time. More details to follow. Significant crime activities/arrests /investigations • On January 31, at 3:09 am, officers were dispatched to a robbery that occurred at the Arco AM/PM located at 13130 SE Kent Kangley Rd. Two suspects entered the store armed with handguns, began robbing the employees behind the counter and eventually fled in a vehicle. The suspects ended up taking the employees' cell phones and cash register tray containing between $800-$1000 in cash. • On January 31, at 1:35 pm, officers were dispatched to a robbery that occurred at a residence in the 11700 block of SE 256tn Pl. The female victim arrived at a family member's residence, after leaving the ATM at the Bank of America, for a visit and parked in the driveway. When she got out, she saw another vehicle had parked on the street, two suspects got out, and began walking towards her while pulling masks over their faces. The victim ran and the suspects gave chase. They used their vehicle to cut her path off as one of the suspects ripped her purse from her. All suspects got into the vehicle and fled as the victim was taking a picture of the suspect vehicle. During the officers' Page 4 of 9 Packet Pg. 7 5.A investigation, they reviewed video surveillance and the victim discovered a new charge on one of her cards at a location in Kent. Officers were able to get a partial license plate and tentatively identified the suspect vehicle. On February 1, at 6:57 pm, officers were dispatched to a robbery at Herfy's Burgers located at 25666 104' Ave SE. The suspect came into the restaurant and robbed the business at gunpoint. The suspect handed a bag to the clerk and had the victim put the money from the register into it and fled. The suspect took around $300 in cash, the victim's car keys and her vehicle. Upon arrival, officers located a reported stolen vehicle out front of the business. Video surveillance showed the suspect arrived at the restaurant in the stolen vehicle first seen outside. On February 3, at 12:45 pm, Kent Police Officers were dispatched to Subway located at 12925 SE Kent Kangley Road for an armed robbery. Two males wearing all black and masks, one being armed with a gun, came in and demanded all the money. The employee gave them all the money from the cash register. The suspects exited the store and carjacked the employee's cousin's vehicle, fleeing in the newly stolen vehicle from the location. The carjacked vehicle was later located in Auburn with several spent .22 caliber casings in the front driver side seat. The car was impounded for fingerprints. On February 4, at 8:29 pm, officers were dispatched to a carjacking that occurred within the Alderbrooke Apartments. The victim was working for Doordash and just dropped off an order at an apartment. After getting back into his vehicle and getting ready to leave, two suspects abruptly contacted him and put a gun to his head. They threatened to kill him and ordered him out of his vehicle. The victim complied and the suspects left in the victim's vehicle. Washington State Patrol later recovered the unoccupied vehicle in Seattle. On February 5, at 2:38 am, officers were dispatched to a robbery that occurred at the 7-Eleven located at 22422 83rd Ave S. The employee was working behind the counter when the suspect entered, pointed a handgun at the employee, and demanded money from the registers. It is unknown how much money was taken, and the suspect was seen fleeing in a vehicle. • On February 5, at 12:20 pm, officers were dispatched to the Grandview Apartments for a possible physical dispute in progress. A witness had seen the female at the apartment with a bloody face. The suspect had fled in a vehicle prior to the officer's arrival. The victim had facial trauma and strangulation marks around her neck. She was transported to the hospital by an officer for treatment. • On February 5, at 3:45 pm, officers were dispatched to a robbery at the ASM Indian Store located at 24030 132nd Ave SE. The suspect entered the store and robbed the victim at gun point. The suspect demanded money from the cash register eventually taking around $300. The suspect also robbed two customers who were in the store as well. The suspect was seen getting into a vehicle and fleeing the scene. • On February 5, at 4:22 pm, officers were dispatched to the 1100 block of E Guiberson St for a DV with a gun. A male threatened a family member by pointing a gun at them and assaulting them. After a brief standoff, the suspect came outside and surrendered. He was arrested and transported to King County jail. • On February 7, at 2:25 am, officers located a very recent single vehicle collision near W James/3rd Ave N. It appeared a vehicle was traveling East in the West bound lanes and left the roadway, breaking off a main feeder power pole. Officers arrived in time to see people exiting the vehicle, the broken power lines arcing and the remaining standing portion of the pole on fire. Occupants of the vehicle included three very young children, as well as both parents. Both parents were drunk/high at the time of collision. All occupants were transported to Valley Medical for evaluation. The parents both sustained facial lacerations, but the children appeared to be unhurt. Both parents were F Cn c U c 0 U E 0 0 a a� Page 5 of 9 Packet Pg. 8 charged with reckless endangerment and CPS took custody of the children. • On February 7, at 5:41 pm, Officers were dispatched to a robbery that occurred at the Smoke and Beer located at 15220 SE Kent Kangley Rd. Two subjects entered the store and robbed the employee at gun point. The suspects went behind the counter and took approximately $400 in cash and change. They were seen fleeing in a vehicle after the robbery. • On February 8, at 7:28 pm, an officer was dispatched to a robbery that occurred at the Chase Bank located 23630 1041" Ave. The victim was at the bank withdrawing money from the ATM. When he tried to leave, he was blocked in by another vehicle. The occupants got out and robbed him of his phone and money. The suspects were seen fleeing in the vehicle. The victim's phone was tracked to the Macy's in Tukwila. Detectives were able to obtain video surveillance of the suspects and vehicle. • On February 10, at 6:54 pm, officers were dispatched to a residence within the 23900 block of 32nd Ave S because a female had lit the stairwell on fire. Management began evacuating everyone from the building. The suspect had been lighting cardboard boxes on fire next to the building and appeared to be in crisis. The suspect was taken into custody. Kent Fire estimated there was around $25,000 in damages caused by the fires. • On February 10, at 8:14 pm, officers were dispatched to a robbery that occurred at the Subway located at 20932 108t" Ave SE. Four suspects entered the store and one of them pointed a gun at the employee /victim. The victim was ordered to open the cash register and the suspects stole around $200 in cash. The suspects were seen fleeing in a vehicle. • On February 12, at 1:25 am, officers were initially dispatched to a welfare check at a residence in the 23600 block of 101st PI SE. The situation was actually a robbery where shots had been fired. The victim had parked his vehicle in his assigned parking stall and was walking to his residence. Before making it into his residence, two 5.A suspects approached him and demanded his keys. One of the suspects pulled a gun, pointed it at the victim, and the victim grabbed it causing a struggle. The victim was pushed to the ground, the suspect retained the firearm, and the victim ran for his apartment making it inside. While he was running, the suspect(s) fired two rounds presumably at the victim. Cn • On February 12, at 9:55 pm, officers were dispatched to a robbery at the EZ Tobacco located at 1428 W Meeker St. A male c entered the back door to the store and 'o robbed the employee at gunpoint. The U E victim got onto the ground while the o suspect jumped the counter and took n around $300. The suspect then fled out the a back door. Video surveillance was obtained. Major emphasis patrol o • On February 13, officers teamed up with WA State Liquor Control Board to conduct compliance checks at eight alcohol retailers in Kent. One retailer did sell alcohol to a w minor during the operation. The employee o /suspect was cited for furnishing alcohol to a minor. r Events and awards • Officer James was commended for her E selfless actions as they embody the values a of the Kent Police Department and the City of Kent, showing service, professionalism, L) and integrity. -co Survey • Land Survey field staff provided staking for the 761" Ave and the Russell Road Sidewalk projects. Field staff have mapped for Mill Creek Culvert cleaning and painted ground targets for the 2023 Aerial Imagery flight. Office staff completed preparing legal descriptions for multiple sites for the Railroad Quiet Zone. The Assistant City Surveyor is overseeing the boundary and Lot Line Elimination work for the Kent East Hill Operations Center (KEHOC). • Public Works GIS staff updated the storm & sewer asset as-builts from private development and fulfilled public records requests for utility data. Screened Page 6 of 9 Packet Pg. 9 5.A candidates for the PW GIS Analyst II position interviews. Environmental • Briscoe- Desimone Levee: staff reviewing the ILA with the Flood Control District to determine if all conditions have been met and if City is ready to turn over the project to King County. • Lake Fenwick Alum Treatment: staff preparing specifications/checklist in preparation for bid advertisement. Proposed bid schedule for alum application: specifications/checklist due - May 23, 2023. Advertisement dates - May 30 & June 6, 2023, bid opening - June 13, 2023, City Council - June 20, 2023. • Mayor's Homeless Task force/On-Call Garbage Contract: The Junk Hauler Request for Proposals was edited and is being reviewed. Ideally, we can begin advertising in the DJC on 2/14 and 2/21 with the due date being 2/28 but may need to be pushed back a week. Budget is set with money to be used from the utility drainage account, capital project accounts, and LSWFA grant. Staff continues to work with Police and PW Operations in identifying encampments and updating the SeeClickFix system. • Planet Protectors Summit: the annual Planet Protector Summit is Tuesday, March 28 at Green River College. Bus transportation and classrooms at the college have been finalized. Continuing working on securing a couple more backup presenters for the remaining attending classes in case of any cancellations. There are 482 students registered from 6 different schools. • Stormwater Management Action Plan (SMAP): staff continues developing Kent's SMAP which assesses opportunities to improve surface water quality in the Lower Mill Creek Basin. The SMAP report is due to the WA Department of Ecology by March 31, 2023. Staff is managing a consultant contract to conduct storm and surface water quality monitoring. This effort will guide focused source control inspections and illicit discharge tracing as well as establishing baseline stream monitoring data for the SMAP required by the municipal National Pollutant Discharge Elimination System (NPDES) stormwater permit. • King County Franchise Agreement: staff is working to complete the renewal application for submittal to King County by February 17th. This agreement allows Kent to operate, maintain, repair, and construct water utilities in County roads and rights - of -way. Design • 2023 Overlays: incorporating comments from review. Preparing final contract documents. • HSIP - Compact Roundabout at 108th/264th S: final aerial communication line in conflict claimed by Lumen; coordinating relocation. Final review was distributed the week of February 13-17. Right -of -Way certification expected from WSDOT by March 7. Preparing documents for the obligation of construction funds. • 2023 Mill Creek Culvert Cleaning: specs to be routed within Design for review. • 2023 Watermain Upgrades: preparing final contract documents. Coordinating with James Street Storm project to determine feasibility of packaging together. James Street Storm submitted SEPA for increased stormwater capacity. Finalizing inlet size with operations. • Washington Ave Pumpstation: team met with consultant to review updated pump sizing. Meeting with operations to review findings and discuss expected maintenance/operations needs for wet wells. 90% review expected to be distributed early March. • Reith Road - vicinity S 253rd St to SR 516: evaluating geometrics approaching Lake Fenwick Rd roundabout. Notifying residents of upcoming project and possible property impacts. Preparing documents for SEPA. • Mill Creek/76t" Ave S Culvert Replacement: received notification from NMFWS that they expect to send concurrence with proposed work shortly. Continued coordination with utilities continues and KC WTD. Construction • West Hill Reservoir: coating interior off tank door sheet and completing interior Cn c U c 0 U E 0 0 a a� Page 7 of 9 Packet Pg. 10 5.A floor repairs. Civil crew remobilized to resume site work. 6MG1 Reservoir Recoating and Vent Replacement: electrical work concluded week of February 17. L&I inspections scheduled for February 15. City reviewing cost proposals for extra work, including re - containing tank and completing work after it was impacted by winter weather events. New manway gaskets have been received by the contractor and they are still waiting for new galvanized bolts. Interior coating of door sheet and welds completed and inspected. General site clean-up and demobilizing unneeded equipment continues. 76th Avenue South - North Segment: all domestic, fire services and hydrants are now connected to the new water main. Ramp and stair work began on February 16 for the West side. Switched southbound traffic to East side of road. West side demolition and tree removal scheduled to begin this week as well. S 240th Street and Russell Road TIB Sidewalk Improvements: ACI has begun work on Hogan Park. Grinding and demo have been completed. Installing storm and preparing placement for new curb and gutter. Streets • Street Maintenance filled potholes around the traffic island at SR 516, swept shoulders with the Power Broom in the East Hill and Panther Lake areas, prepared for pouring, poured concrete, stripped and backfilled new sidewalks on S 2081h St, repaired lifted sidewalk on W Smith St and grinded the sidewalks on S 1941h St. • Signs and Markings updated the information into the Geographic Information System (GIS), installed bases and signs on SE 213th PI, installed and replaced signs for retro-reflectivity on S 216th St and on S 212th St. • Solid Waste cleaned up debris in several locations including along S 277th St, SE 256th St and on Military Rd S. • Water Vegetation cleared debris, pruned plants and trees at the 3.5 tank, 208th well, Pumpstation #5, Blue Boy tank, 212th Treatment Plant, East hill well, West hill well and at the Seven Oaks well and completed the tree removal at Clark Springs. • Street Vegetation staff cleaned up litter and debris along the rock wall at 116th Ave SE, S 228th St, Veterans Dr and on 64th Ave S. Pruned a tree on Reiten Rd and repaired the irrigation in the plant beds in front of Storm/Sewer portable. • The Sidearm crews pruned overhanging branches along SE 208th St and removed and replaced trees at the Blue Boy tank Pumpstation #1. • Wetland Mitigation crews planted at the Downey site and had the poison hemlock control meeting for GRNRA Water/Sewer • Water staff have been working on the water main cleaning on Kent's East hill in the 590 Pressure Zone portion of the water system in the area of Kent Kangley and 116th Ave SE. Staff are potholing the Kent Springs Transmission Main in Covington on Highway 516 from 185th Ave SE to 192nd Ave SE for a future road project. Water purity samples for water mains in a new development project and water main tie- ins are also underway. • Sewer staff have continued line cleaning and video inspection on 108th Ave SE and SE 260th St, 100th Ave SE from W James St to S 224th St and at 119th Ct SE and SE 260th St are ongoing; TV video inspection at SE 269th St and 114th Ave SE; and a sewer main repair at 102nd Ave SE and SE 239th St. Source, Supply and Pumpstations • Source and Supply staff worked with the contractor on the electrical improvements, Cn c U c 0 U E 0 0 a a� Page 8 of 9 Packet Pg. 11 installed a new hot water tank at Pumpstation #5, removed a tree along the water shed fence line, ran the 212t" Treatment Plant for the Clark Springs shut down, performed pump testing at the Renton Intertie, installed new booster pumps at Kent Springs, tied in the transmission main at Clark Springs, collected well head data for February, worked on the 2022 Water Quality Report, pumped out the pressure reducing valve (PRV) stations at various locations Citywide and performed offline station checks, began the February well head protection and checked station fence lines at various locations Citywide. • SCADA staff performed transmission main shut down and worked on automatic chlorine shut off valves at Clark Springs and Kent Springs, current isolator installations at Lindental, followed up on the new SCADA servers and contractor remote access to them, worked on the annual Department of Ecology (DOE) Meter, Lost Water and Habitat Conservation Plan (HCP) reporting and finalized the monthly reports, installed a 120V outlet for a new battery charger for the generator room at Pumpstation #5, repaired the electrical control valve at the Renton Intertie, assisted with the variable frequency drive (VFD) programming at the Frager Pumpstation, monitored the system during the Clark Springs Transmission Main (CSTM) shutdown, re -wired the waste pump at the 212' treatment plant and installed a caustic valve actuator at the East hill well. • Pumpstation crews performed sewer wet well cleaning Citywide, reprogramed the variable frequency drive (VFD) at the Frager Pumpstation, ordered and installed a submersible pump at GRNRA North (Lagoons) and completed clean up at the dry well after the new pump/motor installations. Storm/Sewer/Drainage Vegetation • Storm crews cleaned the storm lines on S 1961" St and on 681" Ave S, catch basin install, ditch reestablishment, culvert replacement and potholing for utilities at 144t" Ave SE. Performed control structure 5.A inspections and repairs at various locations Citywide, crews also performed National Pollutant Discharge Elimination System (NPDES) assessing on Central Ave S, E Gowe St, Washington Ave S and at Kent Des Moines Rd and pumping on E Russell • Wetland maintenance worked on fence repairs at Eagle Creek frontage at 136t" Ave SE and at Horseshoe Bend on 80t" Ave in S. Inspected wetlands for transient activity c and removed litter as necessary at Birk on 0 S 260t" St, Maplewood Grove on 108t" Ave c SE, Redondo on 27t" Ave S, Signal Electric 0 on 3rd Ave S, 72nd Ave Diversion Channel E on 72nd Ave S, Horseshoe Bend on 80t" Ave o S, the 1961" Corridor wetland on S 196t" St, Swan Court on 112t" Ave SE, ShoWare a Center on W James St and at the GRNRA bike path and south tower. • Holding Pond crews limbed trees for Swan o Court on 112t" Ave SE, removed trees from cWL Roytbert on 138t" PI SE and from the 98t" Ave holding pond at S 2315t St, removed shrubs, cleared brush and trees at the w 277t" Bioswale on 108t" Ave SE and at o Benson Meadows East on SE 220t" PI and '- removed the corkscrew willow tree at r Kennebeck wetland on Kennebeck Ave. T Fleet/Warehouse E • The Warehouse crew continued to assist a with CDL training, maintained the shops a yard, keeping it clean and free of litter and debris, cleaned and maintained the wash rack, washed and vacuumed motor pool vehicles, issued personal protection Q equipment (PPE's) and motor pool vehicles to staff and hydrant meters and public notice boards to contractors, repaired small �. equipment as needed, received parts and inventory orders, hauled spoils as time and `o equipment were available and continued to lock and unlock the gates in the employee south parking lot at the beginning and `o_ close of the work day. • Fleet staff worked on ordering and receiving new vehicles, prepared new E vehicles for service, performed air brake c inspections and delivered the new Maverick L) pick up to the Planning Department. Page 9 of 9 Packet Pg. 12 8.A.1 KENT WAS M IN G 7 0 N Date: February 3, 2023 Time: 8:00 P.M. Place: Green River College at the Kent Station I. CALL TO ORDER Pending Approval City Council Workshop Workshop Special Meeting Minutes February 3, 2023 Council President Boyce called the meeting to order. Attendee Name Title Status Bill Boyce Council President Present Brenda Fincher Councilmember Present Arrived Satwinder Kaur Councilmember Present Marli Larimer Councilmember Absent Zandria Michaud Councilmember Present Toni Troutner Councilmember Present Les Thomas Dana Ralph Councilmember Present Mayor Present 2. Other Attendees Andrew Ballard, Facilitator, from Marketing Solutions Pat Fitzpatrick, Chief Administrative Officer Patti Belle, Communications Manager Chad Bieren, Public Works Director James Endicott, Information Technology Kurt Hanson, Economic and Community Development Director Kim Komoto. City Clerk Rafael Padilla, Police Chief Paula Painter, Finance Director Julie Parascondola, Parks Director Uriel Varela, Race and Equity Manager Natalie Winecka, Interim Human Resources Director Tammy White, City Attorney Margaret Yetter, Court Administrator 3. Preliminaries Mayor Ralph, Council President Boyce and Chief Administrative Officer Pat Fitzpatrick provided opening remarks. Andrew Hutchins facilitated the planning session and provided an overview of the agenda items and reviewed the ground rules. Packet Pg. 13 8.A.1 City Council Workshop Workshop Special February 3, 2023 Meeting Kent, Washington Minutes 4. Group Activity Councilmembers and the members of the Executive Leadership Team participated in the group activity. S. Roundtable - Council and ELT Members All participants shared their three successes from 2022 and one challenge for the City in 2023. Dominant themes related to public safety and the uncertainty of potential legislative changes. The budget was a concern where the City's expenses outpace revenue. Finally, homelessness and how to tackle the issues faced by all jurisdictions was discussed. c 6. Facilities Assessment and Planning 0 Parks Director, Julie Parascondola provided the Re -Investing in City Facilities a presentation, including: a An overview of facilities operations: The City maintains 27 City buildings, 344,664 square feet of indoor space. Current Investment in City Facilities • City Facilities and Services Provided • Internal Service Funding and Square Foot Charges • Lifecycle vs. Capital Investment • Current Capital Facilities Investments 2021 Facilities Condition Assessment and Strateaic Plan • Observed Deficiencies and Predicted Renewals • What happens if we do nothing • Funding Scenarios (all draft for discussion) • Highest need facilities Primary Discussion Topic: City Hall and KPD • History of the Spaces / Occupancy • Specific Observed Deficiencies and Predicted Renewals • Financial Need to Upgrade Options for Consideration - Keeping in mind that decisions made today will impact the future 50 years • Parascondola reviewed the various options for discussion • Kurt Hanson, Economic and Community Development Director provided information on the concept of funding through the National Development Council. 63-20 Financing. Page 2 of 5 Packet Pg. 14 8.A.1 City Council Workshop Workshop Special February 3, 2023 Meeting Kent, Washington Minutes ..............................................................................................................................................................................................................................................................................................._......................................................................................................................................................................................................... • Paula Painter, Finance Director provided an overview of the financial considerations and capital capacity. Council discussed moving forward with the pre -development and all agreed they were in favor of the next steps. 7. DEI Presentation Uriel Varela, Race and Equity Manager, and Maria Tizoc, Race and Equity Coordinator, presented the Language Access and Equity Plan Preview. Information was provided regarding legal standards and obligations relating to: • Title VI of the Civil Rights Act c • Executive Order 1316 • The evaluation of vital Documents ° a • Pass -through funds a • And what Meaningful Access requires The Language Plan is considered a reasonable step towards compliance and the City has a Language Access Plan in draft form. The four factor analysis was reviewed and information was provided regarding the Safe Harbor Provision that requires the translation of vital documents if 5% or 1,000 of population is LEP. Varela reviewed statistics for Limited English Proficiency groups and indicated Kent has an LEP population of 20%. Recommended actions and decision points included: • Identify vital documents • Programs directly funded by federal dollars • Services & benefits that have heightened impact on residents • Establish Internal controls ■ How are we collecting data ■ Where is the data warehoused? ■ Who oversees process? • Approve Title VI Plan ■ Includes Language Access Plan • Create a vital doc list for each dept and adopt translation toolkit. Executive Leadership Team Vetting of Title VI plan • Create or adopt process of collecting language data using vital documents identified by departments • Monitor data • Identify and translate vital documents • Update vital document translation toolkit Page 3 of 5 Packet Pg. 15 8.A.1 City Council Workshop Workshop Special February 3, 2023 Meeting Kent, Washington Minutes • Title VI as part of mandatory training • Provide notice of translation & interpretation resources • Website - Professional translation of vital pages • Create SharePoint landing page for all Title VI related resources, including: • Document translation • Event Interpretation S. Public Safet Chief Rafael Padilla walked the Council through the Public Safety presentation, including: c Staffing w • Where we were. Chief Padilla reviewed officers per thousand residents and reviewed growth since 2018 c • Where we are now - reviewed officers per thousand residents a • Where we need to go - Chief Padilla talked about overcoming historical a staffing shortages, elevating diversity and building a culture of DEI. For 2023. Chief Padilla talked about the four Drimary department -wide aoals: 1. Integration and development of new personnel and newly -assigned personnel 2. Elevate effectiveness in serving and protecting the community 3. Develop a wellness plan for employees 4. Develop a Strategic Plan for 2023-2029 personnel and newly -assigned personnel Chief Padilla talked about the Police Department's data collection efforts and advised Kent is ahead of the state mandates. Chief Padilla responded to the council's questions regarding staffing levels and the work relating to the culture of the Police Department. 9. Review of City Mission/Vision/Values Council and staff reviewed the City's Mission, Vision, Values and Goals. Pat Fitzpatrick introduced the City's new Government Performance Coordinator, Alyssa Elliot and advised she will be working on this project in addition to leading LEAN efforts throughout the City. 10. Housing Goals and Homelessness Council talked about what they would like to see happen in the City in the future. Fitzpatrick asked councilmembers to provide topics they would like staff to focus on researching, while keeping in mind the possible changes that could come from the current legislative session. Councilmembers expressed an interest in having more affordable housing options, addressing homelessness including finding more beds, advocating Page 4 of 5 Packet Pg. 16 8.A.1 City Council Workshop Workshop Special February 3, 2023 Meeting Kent, Washington Minutes for funding from the county and state, renter protections and evaluating infrastructure impacts of density growth. 11. Next Steps/Evaluation/Closing Remarks Councilmembers supported exploring the feasibility of adding/funding for additional officers. Councilmembers and staff evaluated today's retreat and provided feedback. Mayor Ralph, Council President Boyce and Pat Fitzpatrick provided closing remarks. c w 0 Meeting ended at 3:30 p.m. 0 L Kerley A. Kota- a City Clerk Page 5 of 5 Packet Pg. 17 8.A.2 KENT WAS M IN G 7 0 N Date: February 7, 2023 Time: 5:00 p.m. Place: Chambers I. CALL TO ORDER Pending Approval City Council Workshop Workshop Regular Meeting Minutes February 7, 2023 Council President Boyce called the meeting to order. Attendee Name _ Title Status Bill Boyce Council President Present Arrived Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Toni Troutner Councilmember Councilmember Excused Excused Les Thomas Dana Ralph Mayor Present II. PRESENTATIONS 1 Accessory Dwelling Unit Code Kaelene Nobis 60 MIN Amendment Kaelene Nobis, Senior Planner, along with Matt Hutchins from Cast Architecture, presented the Accessory Dwelling Unit Implementation. Nobis explained what an ADU is and what they look like. Information was provided on how to reduce the barriers for residents to building ADUs. The City received a Housing Action Plan Implementation Grant of $80,000 and followed up by selecting Berk Consulting and Cast Architecture to assist with the project. Hutchins walked the Council through: ADU options The neighborhood analysis Barriers to new ADUs Options relating to Size Height Design Guidelines Fees Building Permit and Impact Fees Ownership Ownership Occupancy Requirements N c 0 0 L 0. 0. a Packet Pg. 18 8.A.2 City Council Workshop Workshop Regular February 7, 2023 Meeting Kent, Washington Minutes ..............................................................................................................................................................................................................................................................................................._......................................................................................................................................................................................................... Parkin • The current code was reviewed and new options were provided Quantity The number of ADUs per parcel were reviewed Council provided feedback on the potential policy direction for detached ADUs and suggested correlating the ADU size to the lot size, while keeping in mind how larger units might impact the community. Nobis walked the council through the matrix she provided that included cities that adopted ADU code provisions. Council discussed the provision regarding the correlation to the main home and considered not having the ADU taller than the main home or allowing for it to be up to 10' taller than main home. Council discussed the Design Guidelines and suggested changing the guidelines to overall aesthetics and possibly removing the required roof pitch matching to allow for modern slope and flat roofs. Council discussed the fees and whether to reduce fees or eliminate the fees and consider impact fees paid already with the main home, as the ADU is subordinate. Additionally, Council discussed allowing the applicant to decide if they want a separate water meter. Council discussed removing the Owner occupancy requirement. Council discussed parking and potentially considering instances in which the City might consider exempting parking and/or facilitating onsite parking with more flexibility. Council discussed not wanting to increase demand of street parking, providing a list of conditions and possibly allowing a garage to count as stalls. Council discussed circumstances the Council would be interested in allowing more than one ADU per lot. Nobis advised of the next steps that will include: Outreach Survey Tabling Mailing The planned adoption will be either May 16th or June 6th in order to meet the June 15, 2023 deadline. c 4- 0 0 a a Q Page 2 of 3 Packet Pg. 19 8.A.2 City Council Workshop Workshop Regular Meeting Minutes Meeting ended at 6:15 p.m. K�v�Ley A. Ko-wwta- City Clerk February 7, 2023 Kent, Washington Q Page 3 of 3 Packet Pg. 20 8.A.3 KENT WAS M IN G 7 0 N Date: February 7, 2023 Time: 7:05 p.m. Place: Chambers 1. CALL TO ORDER/FLAG SALUTE Mayor Ralph called the meeting to order. 2. ROLL CALL Pending Approval Kent City Council City Council Regular Meeting Minutes February 7, 2023 Attendee Name Dana Ralph Title Mayor Council President Status Arrived Present Present Present Bill Boyce Brenda Fincher Councilmember Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Toni Troutner Councilmember Remote Les Thomas Councilmember Councilmember I Excused Present Zandria Michaud 3. AGENDA APPROVAL Chief Administrative Officer, Pat Fitzpatrick added a Consent Item I. "Excused Absence for Councilmember Thomas." A. I move to approve the agenda as amended. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Brenda Fincher, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud 4. PUBLIC COMMUNICATIONS A. Public Recognition L Employee of the Year Mayor Ralph recognized Commander Josh Bava as the City's 2022 Employee of the Year. ii. Employee of the Month Mayor Ralph recognized Cheryl Lopez as the City's 2023 February Employee of the Month. iii. Proclamation for Black History Month a Packet Pg. 21 8.A.3 Kent City Council City Council Regular Meeting February 7, 2023 Minutes Kent, Washington Mayor Ralph presented the Proclamation for Black History Month to Gwen Allen-Carston from the Kent Black Action Commission and Allen-Carston expressed words of appreciation. iv. Appointments to the Land Use and Planning Board Mayor Ralph recognized Justus Phelps and Benjamin Reid as her appointments to the Land Use and Planning Board and requested Council confirm these appointments. B. Community Events a� Council President Boyce advised of upcoming events at the accessoShoWare Center and Councilmember Fincher advised of the upcoming spring recycling 2 event and spotlight series events. o C. Economic and Community Development Report o L Chief Economic Development Officer, Bill Ellis presented the Economic and a Community Development Report. Q Ellis talked about the new King County Grant of $25M that is meant to start to address racism is a public health crisis. Ellis indicated the small business FlexFund is still open for loan applications until March 15t". The program is a simple, low and flexible loan for Kent's smallest businesses and nonprofits. Ellis conveyed the national and regional jobs reports: Hiring Amidst Reported Labor Shortages. Ellis also talked about lower unemployment rates while there are fewer businesses in King County. Small business revenue is up and entertainment and recreation has a slower recovery. Ellis provided an overview of how the industrial valley has changed over the past three years since the adoption of "Rally the Valley." Ellis indicated the former Top Food site is under new ownership, but there is no announcement on prospective tenants or opening dates. 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph serves on the South King Housing and Homelessness Partnership and was recently re-elected as vice chair. Mayor Ralph talked about how the group recently reviewed affordable housing units. The dashboard of information is available on the SKHHP website. Page 2 of 8 Packet Pg. 22 8.A.3 Kent City Council City Council Regular Meeting Minutes February 7, 2023 Kent, Washington Mayor Ralph talked about her recent trip to meet King County Executive Dow Constantine at Clark Lake Park. The City recently received grant funds from King County that were used to purchase the Ruth property at Clark Lake park. Mayor Ralph talked about her recent trip to the Boeing plant in Everett to witness the rolling out of the last 747. Mayor Ralph indicated she is busy in Olympia working with legislators on bills and she expressed appreciation for staff's involvement with the City's lobbyist. Mayor talked about the legislative bills related to housing issues and public safety. B. Chief Administrative Officer's Report Chief Administrative Officer, Pat Fitzpatrick indicated the City's civics classes - "Kent 101" begin on the 9t" and will be held in person. Fitzpatrick advised the City is currently recruiting for a Human Resources director. Fitzpatrick also expressed appreciation for King County's work on cleaning up the garbage along Kent-Kangley. Fitzpatrick advised there are executive sessions this evening with action afterwards. Executive session is expected to last 25 minutes. C. Councilmembers' Reports Council President Boyce serves as the chair of the Operations and Public Safety Committee and provided an overview of the agenda items from today's meeting. Council President Boyce serves as the chair of the City Council Workshop and provided a recap of the presentation from tonight's meeting regarding Accessory Dwelling Units. Councilmember Michaud serves on the Regional Law, Safety and Justice Committee that recently reviewed public safety -related bills in the legislature. Michaud serves as the chair for the Parks and Human Services Committee and provided an overview of the agenda items from the February 2nd meeting. Councilmember Kaur serves on the Growth Management Planning Council of King County that recently reviewed the workplan and schedule of meetings, a� c 0 76 0 L Q. 0_ g Page 3 of 8 Packet Pg. 23 8.A.3 Kent City Council City Council Regular Meeting Minutes February 7, 2023 Kent, Washington in addition to reviewing the Urban Growth Extension area programs. Councilmember Fincher serves on the Mental Illness and Drug Dependency Council that recently discussed grants to address increasing the workforce for BIPOC, LGBTQ and the disabled. The Council also discussed issues related to the opioid and fentanyl crisis. Fincher serves as the chair as the Public Works Committee and provided a recap of the agenda items from the Feb 6th meeting. Fincher serves on the Kent Arts Commission and provided an overview of recent art exhibits. Fincher serves on the King Conservation District and reminded the public voting ends on February 14t" 6. PUBLIC HEARING None. 7. PUBLIC COMMENT None. S. CONSENT CALENDAR I move to approve Consent Items A - I. RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud A. Approval of Minutes Council Workshop - Workshop Regular Meeting - Jan 17, 2023 5:00 PM City Council Meeting - City Council Regular Meeting - Jan 17, 2023 7:00 PM B. Payment of Bills - Authorize MOTION: I move to authorize the payment of bills received through 12/15/22 and paid on 12/15/22; approve the checks issued for payroll 12/1/22-12/15/22 and paid on 12/20/22; approve the payment of bills received through 12/31/22 and paid on 12/31/22 and approve the checks issued for payroll 12/16/22-12/31/22 and paid on 1/5/23, all audited by the Operations and Public Safety Committee on 1/17/23. C. Appointments to the Land Use and Planning Board - Confirm c 4- 0 0 a a Q Page 4 of 8 Packet Pg. 24 8.A.3 Kent City Council City Council Regular Meeting Minutes February 7, 2023 Kent, Washington MOTION: I move to confirm the Mayor's appointment of Justus Phelps to the Land Use and Planning Board to fill a vacancy for a term ending December 31, 2024. I also move to confirm the Mayor's appointment of Benjamin Reid to the Land Use and Planning Board for a full three-year term ending on February 7, 2026. D. Agreement with Express Employment Professionals - Authorize MOTION: I move to authorize the Mayor sign a Consultant Services Agreement with Express Employment Professionals, in an amount not to exceed $125,000, for staffing services to support Sound Transit's Federal Way Link Extension project, subject to final terms and conditions acceptable to the City Attorney. E. Resolution Allocating Funds to Finance Affordable Housing Projects in South King County Communities - Adopt MOTION: I move to adopt Resolution No. 2054, to authorize the allocation of $317,818.98 from the City's contribution to the SKHHP Housing Capital Fund to finance affordable housing projects in South King County communities. F. Goods and Services Agreement with Siemens Industry, Inc., for City of Kent HVAC System Software - Authorize MOTION: I move to authorize the Mayor to sign the Goods & Services Agreement with Siemens Industry, Inc, in the amount of $207,334.10, subject to final terms and conditions acceptable to the Parks Director and City Attorney. G. Interlocal Agreement with the City of Federal Way for Jail Services - Authorize MOTION: I move to authorize the Mayor to sign a new year interlocal agreement with the City of Federal Way for jail services, subject to final contract terms and conditions acceptable to the Police Chief and City Attorney. H. Amendment to Interlocal Agreement with King County to Accept Funds from King County Conservation Futures for the Ruth Property Acquisition - Authorize Motion: I move to accept grant funds in the amount of $2,000,000 from the King County Conservation Futures Fund for the Ruth Property acquisition, amend the budget, authorize expenditure of funds, and authorize the Mayor to sign all necessary agreements and other documents, subject to terms and conditions acceptable to the Parks Director and City Attorney. Q Page 5 of 8 Packet Pg. 25 8.A.3 Kent City Council City Council Regular Meeting February 7, 2023 Minutes Kent, Washington I. Excused Absence for Councilmember Thomas - Authorize MOTION: I move to approve an excused absence for Councilmember Thomas. 9. OTHER BUSINESS None. 10. BIDS A. Rectangular Rapid Flashing Beacon Crossing Improvements Project - Award Public Works Director, Chad Bieren presented details on the Rectangular Rapid Flashing Beacon Crossing Improvements Project Bid and recommended awarding to Global Contractors, LLC. MOTION: I move to award the Rectangular Rapid Flashing Beacon Crossing Improvements Project to Global Contractors, LLC in the amount of $939,933.50 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. R S LUE T: MOTION PASSES [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud B. 2023 Railroad Quiet Zone BNSF Railroad Crossing Improvements - Award Public Works Director, Chad Bieren presented details on the 2023 Railroad Quiet Zone BNSF Railroad Crossing Improvements Project bid and recommend awarding to Global Contractors, LLC. MOTION: I move to award the 2023 Railroad Quiet Zone BNSF Railroad Crossing Improvements Project to Global Contractors, LLC in the amount of $1,448,693 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Q Page 6 of 8 Packet Pg. 26 8.A.3 Kent City Council City Council Regular Meeting Minutes RESULT: MOVER: SECONDER: AYES: MOTION PASSES [UNANIMOUS] Brenda Fincher, Councilmember Marli Larimer, Councilmember Boyce, Fincher, Kaur, Larimer, Troutner, Michaud February 7, 2023 Kent, Washington 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION At 8:00 p.m., Council went into Executive Session. At 8:25 p.m., Council reconvened into the Regular Meeting. A. Current or Potential Litigation, as per RCW 42.30.110(1)(i) 1. I move to authorize the City Attorney or designee to sign all documents c necessary to prosecute, resolve, or collect any claims or litigation o maintained by the City against opioid producers, distributors, or other defendants and to report the status of the same to Council from time to a time. Q RESULT: MOTION PASSES [UNANIMOUS] a MOVER: Bill Boyce, Council President c SECONDER: Marli Larimer, Councilmember ti AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud c N B. Collective Bargaining, RCW 42.30.140(4)(a) 1. I move to authorize the Mayor to sign a new three-year labor agreement Ui with AFSCME, AFL-CIO, Local #2617, effective January 1, 2023 through c December 31, 2025, and to amend the budget as necessary to implement a the agreement's terms. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Satwinder Kaur, Councilmember r SECONDER: Bill Boyce, Council President m AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud I q 2. I move to authorize the Mayor to sign a new three-year labor agreement with Teamsters Local #117, effective January 1, 2023, through December 31, 2025, and to amend the budget as necessary to mplement the agreement's terms. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud 12. ADJOURNMENT Page 7 of 8 Packet Pg. 27 8.A.3 Kent City Council City Council Regular Meeting Minutes Mayor Ralph adjourned the meeting. Meeting ended at 8:30 p.m. Y, vn�ley A. Ko-P L O- City Clerk February 7, 2023 Kent, Washington Q Page 8 of 8 Packet Pg. 28 8.B KENT DATE: February 21, 2023 TO: Kent City Council SUBJECT: Excused absence for Councilmember Michaud - Approve MOTION: I move to approve an excused absence for Councilmember Michaud for the City Council meeting of February 21, 2023. SUMMARY: Councilmember Michaud is unable to attend the City Council meeting of February 21, 2023, and has requested an excused absence. Packet Pg. 29 8.0 KENT DATE: February 21, 2023 TO: Kent City Council SUBJECT: Excused Absence for Councilmember Thomas - Approve MOTION: I move to approve an excused absence for Councilmember Thomas for the City Council meeting of February 21, 2023. SUMMARY: Councilmember Thomas is unable to attend the City Council meeting of February 21, 2023, and has requested an excused absence. Packet Pg. 30 8.D • KENT *A S M IN G T O N DATE: February 21, 2023 TO: Kent City Council SUBJECT: Ordinance Authorizing Remote Meetings for Boards and Commissions. - Adopt MOTION: I move to adopt Ordinance No. 4458, to amend KCC 2.50.090 to allow remote meetings for City boards and commissions on stated conditions, amend KCC 2.57 to provide that a quorum of the City's Land Use and Planning Board shall appear for its meetings in -person, and repeal obsolete remote attendance provisions in KCC 2.55.060 and KCC 2.64.060 related to the Disability Board and the Firefighters' Relief and Pension Board. SUMMARY: Most of the City's boards and commissions serve in a purely advisory capacity where they may make recommendations to the City Council but they do not act on Council's behalf. Only when a board or commission acts on behalf of the Council, or otherwise conducts hearings or takes testimony and public comment, does the Open Public Meetings Act require that the meeting be open to the public. During the COVID-19 pandemic, and while gubernatorial proclamations were in effect limiting in -person meetings, members of the City's boards and commissions continued their work for the City remotely. One benefit the City realized during the COVID-19 pandemic was an increase in community participation in meetings due to the ease with which one can join a meeting when it occurs remotely. Remote attendance also increased participation amongst board and commission members, who volunteer their service to the City while also juggling their own work and family commitments. If a board or commission is subject to the provisions of the Open Public Meetings Act, state law would allow all board members or commissioners to attend the meeting remotely so long as a physical location is maintained for the public to attend in -person. The purpose of this ordinance is to define under what circumstances members of a City board and commission may be permitted to attend a meeting remotely. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Packet Pg. 31 8.D Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Remote Meetings -Boards and Commissions - Ordinance (PDF) 02/07/23 Operations and Public Safety Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 2/21/2023 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud Packet Pg. 32 8.D.a ORDINANCE NO. 4458 AN ORDINANCE of the City Council of the City of Kent, Washington, to: (1) amend Section 2.50.090 of the Kent City Code ("KCC") to allow remote meetings for City boards and commissions on stated conditions; (2) amend Chapter 2.57 of the Kent City Code to provide that a quorum of the City's Land Use and Planning Board shall appear for its meetings in -person; and (3) repeal obsolete remote attendance provisions in KCC 2.55.060 and KCC 2.64.060 related to the Disability Board and the Firefighters' Relief and Pension. RECITALS A. During the COVID-19 pandemic, and while gubernatorial proclamations were in effect limiting in -person meetings, members of the City's boards and commissions continued their work for the City remotely. As those proclamations expired, in -person meetings resumed. B. One benefit the City realized during the COVID-19 pandemic was an increase in community participation in meetings due to the ease with which one can join a meeting when it occurs remotely. Remote attendance also increased participation amongst board and commission members, who volunteer their service to the City while also juggling work and family commitments. 1 Remote Meetings for Boards and Commissions Packet Pg. 33 8.D.a C. Most of the City's boards and commissions serve in a purely advisory capacity where they may make recommendations to the City Council but they do not act on Council's behalf. Only when a board or commission acts on behalf of the Council, or otherwise conducts hearings or takes testimony and public comment, does the Open Public Meetings Act require that the meeting be open to the public. D. When a meeting is subject to the Open Public Meetings Act, all commissioners are permitted to attend the meeting remotely so long as a physical location is maintained for the public to attend in person. Through this ordinance, Council wishes to define under what circumstances members of a City board and commission may be permitted to attend a meeting remotely. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment - KCC 2.50.090. Section 2.50.090 of the Kent City Code, entitled 'Organization and meetings," is amended as follows: Sec. 2.50.090. Organization and meetings. A. Election of officers. Each appointive commission shall elect from among its members a chair, who shall preside at all meetings, and a vice chair, who shall preside in the absence of the chair. The chair and vice chair shall be elected annually. The secretary of each appointive commission shall be the city administrative support personnel appointed under KCC 2.50.050. 1. The chair shall perform the following duties: 2 Remote Meetings for Boards and Commissions Packet Pg. 34 8.D.a a. Set the appointive commission's agenda, in coordination with the vice chair, the secretary, and the city department liaison if different from the secretary; b. Preside over all meetings of the appointive commission, preserve order and decorum, decide all questions of order and conduct the meeting's proceedings using the rules contained in Robert's Rules of Order where applicable, with the chair having the ultimate decision of how the meeting will be conducted; C. Call special meetings and cancel regular meetings for cause, including lack of a quorum, in coordination with the vice -chair, secretary, and the city department liaison as may be appropriate; d. Act as the appointive commission's liaison with the council, the mayor, and city staff on policy issues; e. Nominate or appoint members of the appointive commission to any subcommittee the appointive commission may form; f. Serve as the appointive commission's focal point for council, mayor, and staff and as principal spokesperson for the appointive commission; g. Oversee the distribution of the appointive commission's agenda and materials during the commission's meetings; h. Make any necessary public appearances on behalf of the appointive commission at meetings of the city council, mayor, and any other bodies requiring representation of the appointive commission; i. Facilitate the annual officer election process; and j. Appoint a chair pro tempore when both the chair and vice chair are absent, who shall have the same authority and duties as the chair. 2. The vice chair shall perform the following duties; a. Act as chair and assume the authority to perform the chair's duties whenever there is a vacancy in the office of the chair, the chair 3 Remote Meetings for Boards and Commissions Packet Pg. 35 8.D.a is absent from the appointive commission, or the chair is unable for any reason to discharge the chair's duties; b. Assist the chair as requested; C. Attend, participate, and assist the chair in agenda planning sessions; d. Assume the office of chair and serve the remainder of any unexpired term if the chair vacates office prior to completing their term, and in that event, facilitate the election process at the appointive commission's next regular meeting of a new vice chair to similarly assume office for the remainder of any unexpired term. 3. If the chair was not able to appoint a chair pro tempore or the chair and vice chair are otherwise absent or unavailable, the longest serving member of the appointive commission, either by consecutive or non- consecutive terms, shall be deemed the acting chair pro tempore. If two or more members qualify to be acting chair pro tempore, then the secretary shall select, by lottery and in the presence of two witnesses, one name from the names of the group of eligible members, and the member whose name is selected shall serve as the acting chair pro tempore. 4. The secretary of the appointive commission will be the staff member appointed under KCC 2.50.050 to assist the appointive commission. The secretary is not a member of the appointive commission and shall have no voting rights. The secretary shall perform the following duties: a. Attend all meetings of the appointive commission and keep the commission's minutes, including those of any meetings of any subcommittees the appointive commission may form, which minutes will be reviewed and adopted by the appointive commission at a subsequent meeting; b. Reproduce, distribute, and file with the city clerk for retention a copy of all minutes of the appointive commission's meetings; 4 Remote Meetings for Boards and Commissions Packet Pg. 36 8.D.a C. See that all notices of appointive commission meetings are given as may be required by the Open Public Meetings Act, Chapter 42.30 RCW, and this chapter; d. Serve as custodian of the appointive commission's records and remain responsible for retaining those records as required by state retention schedules and producing those records as required under the state Public Records Act, Chapter 42.56 RCW; e. Maintain a list of the names, addresses, and contact information for each member of the appointive commission; and provide that list to the city clerk; f. Perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to them by the chair or vice chair. B. Equal votes. Each member shall have an equal vote in decisions of the appointive commission, except for any alternate, who will serve in a nonvoting capacity. C. Duties and responsibilities. Each appointive commission is advisory in nature and shall make reports and recommendations as may be requested to the mayor, city council, and city staff. D. Bylaws. Each appointive commission may adopt bylaws, rules, and regulations as necessary for the election of the chair and vice chair, the conduct of business before an appointive commission, or to supplement the provisions provided for in KCC 2.50.090. Commission bylaws, rules, and regulations may not alter the provisions of this chapter. E. Meetings. 1. Schedule and location. Each appointive commission shall set a regular meeting schedule, including time, place, and frequency of meetings 5 Remote Meetings for Boards and Commissions Packet Pg. 37 8.D.a as necessary, and the secretary of the commission shall provide this information to the city clerk. 2. Open meetings and notice. Although not required for advisory commissions, all meetings of each appointive commission will be open to the public. In giving notice of meetings, the commission secretary may elect to follow the notice guidelines provided for in the Open Public Meetings Act, Chapter 42.30 RCW, as amended, even if the Open Public Meetings Act does not apply to matters before the appointive commission for action at such meetings. Unless notice to the contrary is given by an appointive commission, all meetings shall occur at City Hall, located at 220 Fourth Avenue South. 3. Remote attendance or remote meetings - Emergency. In the event of an emergency, a member may attend a commission meeting remotely by telephone or videoconferencing, as technology in the particular meeting location may accommodate. For purposes of this subsection, an 11emergency" is defined as a serious situation or a condition of urgent need that occurs unexpectedly and is unforeseen or unavoidable. A member's remote attendance is permitted for the benefit of conducting city business and not for the personal benefit of a member and may be limited by the city's available equipment and technical support. a. In the event of an emergency and a desire to attend a commission meeting remotely, the member shall notify the chair and the secretary as soon as possible in advance of their desire to attend a commission meeting remotely. The chair shall consult with the city department liaison, and together they will determine whether to grant a member's request to attend a meeting remotely due to the occurrence of an emergency. b. Any remote attendance authorized due to the occurrence of an emergency shall be verbally noted on the record during the meeting and in the official minutes of the meeting. 6 Remote Meetings for Boards and Commissions Packet Pg. 38 8.D.a C. A member authorized to attend a commission meeting remotely shall have all of the official materials available during the meeting, shall be able to hear the meeting in real time, and shall be able to be heard by others during the meeting in real time as if physically in attendance at the meeting. A member who only observes the meeting remotely without complying with the above requirements will not be deemed in attendance. d. It shall be the responsibility of the remotely attending member to ensure compliance with this section. If during the meeting the requirements of this section are not met or are terminated due to technical reasons, or the member fails to attend the meeting remotely, the member will be deemed to have not attended the meeting. e. In the event of an emergency as declared by the President of the United States, the Governor of Washington, the mayor, or another authorized official, and a determination that an in -person meeting cannot be held with reasonable safety due to the emergency, the commission may hold a remote meeting without a physical location, or may limit the physical attendance of some or all members of the public at a meeting, and in doing so, may follow the guidelines provided for by the Open Public Meetings Act, as now enacted or hereafter amended, and as lawfully suspended or altered in accordance with a declared emergency. 4. Remote attendance or remote meetings - Non -emergency. When an emergency does not exist as provided for under subsection (E)(3) above, Commissioners may remotely attend commission meetings in the following instances: a. Commission meetings not subject to Open Public Meetings Act. If a commission meeting is not subject to the Open Public Meetings Act, Ch. 42.30 RCW, as currently enacted or later amended or recodified from time to time, the meeting may be held remotely without a physical location for the public to attend in -person if the following conditions are met: 7 Remote Meetings for Boards and Commissions Packet Pg. 39 8.D.a (1) The chair approves of the remote meeting after consultation with the commission secretary; (2) The commission secretary determines the City's technology will support the remote meeting; (3) The meeting occurs through real-time telephonic, electronic, internet, or other readily available means of remote participation; (4) If the method utilized by commissioners for remote attendance allows for commissioners to activate a camera and video display their image to other attendees, the commissioners should, at the discretion of the chair, turn on their cameras for the meeting; and (5) Real-time telephonic, electronic, internet, or other readily available means of remote attendance, is made available to the public; provided that a violation of this requirement shall not invalidate the meeting or any decisions made by a commission at its meeting. b. Commission meetings subject to Open Public Meetings Act. If a commission meeting is subject to the Open Public Meetings Act, Ch. 42.30 RCW, as currently enacted or later amended or recodified from time to time, one or more commissioners may attend remotely, if the following conditions are met: (1) The chair approves remote attendance of one or more commissioners after consultation with the commission secretary; (2) The commission secretary determines that the city's technology will support a commissioner's remote attendance; (3) All remote -attending commissioners have the technology necessary to: (i) participate and communicate in real-time with each other and with those commissioners attending in -person, and (ii) to view any materials being discussed during the meeting; (4) If the method utilized by a commissioner for remote attendance allows the commissioner to activate a camera and video 8 Remote Meetings for Boards and Commissions Packet Pg. 40 8.D.a display their image to other attendees, the commissioner shall turn on their camera for the meeting; (5) A remote -attending commissioner has access during the meeting to all documentation that is considered or provided during the course of the meeting; (6) Real-time telephonic, electronic, internet, or other readily available means of remote attendance is made available to the public; provided that a violation of this requirement shall not invalidate the meeting or any decisions made by a commission at its meeting. (7) A physical location for the public to observe the meeting is provided; and (8) The meeting complies with all other requirements of the Open Public Meetings Act, RCW 42.30 RCW, as currently enacted or later amended or recodified. F. Minutes. Each appointive commission shall adopt procedures to ensure minutes of each meeting are recorded and retained with the city clerk as required by state records retention schedules. G. Conduct of members. All members serving on an appointive commission must preserve order, decency, and decorum at all times and no member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the meeting, nor disturb any member while speaking, or refuse to obey the order of the chair. In addition, the following shall control members' conduct during any meeting of an appointive commission: 1. The chair will call the meeting to order and manage the meeting agenda and time to allow for appropriate discussion and action, where appropriate. 9 Remote Meetings for Boards and Commissions Packet Pg. 41 8.D.a 2. Members are to keep the meeting organized by speaking only when recognized by the chair and granted the floor. To seek recognition, members are to raise their hands and wait to be addressed by the chair. In lieu of hand raising, voting/name cards may be used to indicate votes or requests to speak. 3. Members are to refrain from interrupting another person who has the floor or from having any sidebar conversation. 4. Members are to treat others with respect, courtesy, and in a fair and unbiased manner. Members shall refrain from any conduct or speech that is abusive, bullying, discriminatory, or derogatory. 5. Members should be open and honest about their actions and decisions, and be respectful of others whose opinions may differ. 6. Repeated violations may result in a member's removal from the appointive commission in accordance with KCC 2.50.130. H. Public comment. While the public may attend meetings of an appointive commission, the meetings are those of the commission itself and the public has no general right to address the appointive commission or its members. 1. Meetings of an appointive commission are not an open public forum, and they are subject to restrictions imposed by the chair of the appointive commission, any bylaws or rules the appointive commission may have adopted, and the law. 2. The chair of an appointive commission has the discretion to authorize the public to address the commission, if the chair so desires. If permission to speak is granted to a member of the public, either directly or through an agenda item, the following provisions shall apply: a. Prior to addressing the appointive commission, each speaker shall sign in and state his or her name and city of residence for the record. 10 Remote Meetings for Boards and Commissions Packet Pg. 42 8.D.a b. Remarks will be limited to the time allocated by the chair for each speaker, usually three minutes per speaker. C. All remarks shall be pertinent to matters considered by the appointive commission, and speakers shall address the chair and the appointive commission as a whole and not any member individually. I. Public demeanor. No one shall use any impertinent, degrading, or slanderous language directed to the chair, appointive commission members, mayor, staff, or other member of the public, and no one shall otherwise engage in disruptive behavior. Disruptive behavior includes, for example, addressing matters restricted from public comment, repeated shouting and angry outbursts, cursing, direct or implied threats of violence, etc. After receiving verbal notice from the chair, the chair may direct that a speaker return to their seat or may remove any person for disruptive behavior at an appointive commission meeting. J. Voting. Discussion by the appointive commission shall relate to the subject matter at hand and shall be relevant and pertinent. When action of the appointive commission is required, the following provisions shall apply 1. The chair will request a motion for a vote. 2. Each member of an appointive commission shall be entitled to one vote, including the chair. 3. Motions shall be made, seconded, and voted upon. 4. The chair is authorized to establish all reasonable and necessary procedures to permit the casting of votes by members of the appointive commission. 5. Every member, unless disqualified by reason of a conflict of interest or as otherwise provided by law or excluded by the appointive commission, shall cast his or her vote upon any matter put to vote by the commission. 11 Remote Meetings for Boards and Commissions Packet Pg. 43 8.D.a 6. Unless otherwise directed by the chair, all votes shall be by voice or a show of hands. No votes shall be made by proxy. 7. Any member of the appointive commission who abstains from voting, or who otherwise remains silent during a vote or enters a blank ballot, will be deemed to have not casted a vote on that item. An abstention will not count as a vote, either in favor of, or in opposition to, any motion. 8. Action by the appointive commission requires only the affirmative vote of a majority of the votes cast, except where otherwise required by this chapter, any appointive commission bylaws, or state law. 9. At the request of the chair or of any member of an appointive commission, a motion may be voted upon by a roll call and the individual voting results shall be recorded by the secretary in the minutes. Action of the appointive commission may be shared with the city council, the mayor, or city staff. K. Procedural deviations and suspension of rules. If an appointive commission fails to conform to the procedural provisions of this chapter or to Robert's Rules of Order, and that failure is not timely objected to by a member before action occurs, once action is taken by the appointive commission, that action stands and shall be deemed automatically ratified by the appointive commission. No procedural error shall render any action by the appointive commission invalid, nor shall the provisions of this chapter be deemed to provide any resident rights they did not already have by operation of law. SECTION 2. - Repealer - KCC 2.55.060. Section 2.55.060 of the Kent City Code related to the Disability Board and entitled "Remote Attendance," is repealed in its entirety. 12 Remote Meetings for Boards and Commissions Packet Pg. 44 8.D.a SECTION 3. - Repealer - KCC 2.64.060. Section 2.64.060 of the Kent City Code related to the Firefighters' Relief and Pension Board and entitled "Remote Attendance," is repealed in its entirety. SECTION 4. - Amendment - New KCC 2.57.050. Chapter 2.57 of the Kent City Code related to the Land Use and Planning Board is amended to add a new Section 2.57.050, entitled "In -Person Meetings," as follows: Sec. 2.57.050. In -person meetings. Except as permitted by KCC 2.50.090(3) for emergencies, the land use and planning board shall hold its meetings in such a manner that a quorum of the board shall meet in -person. The remote attendance of any member of the land use and planning board shall comply with the provisions of KCC 2.50.090(4)(b). SECTION 2. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. - Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. February 21, 2023 DANA RALPH, MAYOR Date Approved 13 Remote Meetings for Boards and Commissions Packet Pg. 45 8.D.a ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TAMMY WHITE, CITY ATTORNEY February 21, 2023 Date Adopted February 24, 2023 Date Published 14 Remote Meetings for Boards and Commissions Packet Pg. 46 8.E KENT DATE: February 21, 2023 TO: Kent City Council SUBJECT: 2021 Countywide Planning Policy Amendments - Adopt MOTION: Move to adopt Resolution No. 2055, ratifying an amendment to the 2021 King County Countywide Planning Policies adopted by King County through ordinance 19553, updating the growth targets for the City of Sammamish. SUMMARY: Initially adopted in the early 1990's, the King County Countywide Planning Policies (CPPs) create a shared and consistent framework for growth management planning for all jurisdictions in King County in accordance with RCW 36.70A.210. The CPPs are a series of policies that address growth management issues in King County jurisdictions. The CPPs present the shared vision of King County and the 39 cities within King County to guide jurisdictions as they develop and amend their comprehensive plans. The CPPs were last comprehensively reviewed and updated in 2021 to be consistent with updated Multicounty Planning Policies (MPPs) and the Regional Growth Strategy (RGS) contained in the Puget Sound Regional Council's (PSRC) VISION 2050. As a part of the 2021 CPP Update, new growth targets were adopted for the 2019-2044 planning period. Growth targets are policy statements about the amount of housing and jobs each jurisdiction will plan for in the 2024 comprehensive plan update. Growth targets are created collaboratively by all cities and King County to implement the Regional Growth Strategy in VISION 2050 by providing land use assumptions for periodic comprehensive plan updates. During the process to adopt the 2021 CPPs, the King County Council directed the Growth Management Planning Council (GMPC) to conduct additional work to establish final growth targets for the City of Sammamish to reflect updated sewer capacity. Now, that work has been completed, and it is necessary to finalize the 2021 CPPs and incorporate updated housing and employment growth targets for the City of Sammamish. These CPP amendments do not result in any changes to Kent's growth targets nor do they have any substantive impact on Kent or other jurisdictions' comprehensive plan update efforts. Packet Pg. 47 8.E On December 22, 2022, the Metropolitan King County Council adopted Ordinance No. 19553, which ratified the 2021 CPPs amendments to incorporate the updated growth targets for the City of Sammamish. Now, the amendments are presented to jurisdictions in King County for ratification. The CPPs become effective when ratified by ordinance or resolution of at least 30 percent of the city and county governments representing 70 percent of the population of King County according to the established Interlocal Agreement. A city will be deemed to have ratified the amendments to the CPPs unless the city takes legislative action to disapprove the amendments within 90 days of adoption by King County, which in this case is, April 1, 2023. EXHIBITS: • 2022 CPP Transmittal Letter to Kent • King County Ordinance 19553 BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. 2. 2022 CPP Transmittal Memo to Kent(PDF) 2. Countywide Planning Policy Ratification (PDF) 02/13/23 Economic and Community Development Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/21/2023 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Toni Troutner, Marli Larimer, Zandria Michaud Packet Pg. 48 8.E.a LIQ King County January 5, 2023 The Honorable Dana Ralph City of Kent 220-4th Avenue South Kent, WA 98032 Dear Mayor Ralph: We are pleased to forward for your consideration and ratification an amendment to the 2021 King County Countywide Planning Policies (CPP). On December 6, 2022, the Metropolitan King County Council approved and ratified the amendment to establish housing unit and employment growth targets for the City of Sammamish on behalf of unincorporated King County. The ordinance will become effective Sunday, January 1, 2023. Copies of the transmittal letter, Metropolitan King County Council staff report and ordinance 19553 are attached to assist you in your review. In accordance with the CPP, FW-1, amendments become effective when ratified by ordinance or resolution by at least 30 percent of the city and county governments representing 70 percent of the population of King County according to the interlocal agreement. A city will be deemed to have ratified the CPP and amendments unless, within 90 days of adoption by King County, the city takes legislative action to disapprove the amendments. Please note that the 90-day deadline for these amendments is Saturday, April 1, 2023. If you adopt any legislation concerning this action, and since we are working remotely, L) please email a copy of the legislation by the close of business, Friday, March 31, 2023, o to Council.clerk(aD_kingcounty.gov. N N r If you have any questions about the amendments or ratification process, please contact Andy Micklow, Metropolitan King County Council Staff, at 206 263-3226 r w Q Packet Pg. 49 8.E.a or Ivan Miller, Countywide Planning Manager, King County Office Performance, Strategy and Budget, at 206 263-8297. Thank you for your prompt attention to this matter. Sincerely, Dave Upthegrove, Chair Dow Constantine Metropolitan King County Council King County Executive Enclosures cc: King County City Planning Directors Sound Cities Association Lauren Smith, Director, Regional Planning Ivan Miller, Countywide Planning Manager Andy Micklow, Council Staff, Committee of the Whole a� E a Packet Pg. 50 8.E.b RESOLUTION NO. 2055 A RESOLUTION of the City Council of the City of Kent, Washington, ratifying the adoption of the 2021 King County Countywide Planning Policies (King County Ordinance 19553), updating the growth targets for the City of Sammamish. RECITALS A. The adoption of countywide planning policies is required under the State Growth Management Act (GMA), pursuant to RCW 36.70A.210. The Countywide Planning Policies (CPPs) provide a framework for Kent and other cities in King County to conduct planning under the requirements of the GMA. This framework ensures that city and county comprehensive plans are consistent. B. During the process to adopt the 2021 CPPs, the King County Council directed the Growth Management Planning Council (GMPC) to conduct additional work to establish final growth targets for the City of Sammamish to reflect updated sewer capacity. Now, that work has been completed, and it is necessary to finalize the 2021 CPPs and incorporate updated housing and employment growth targets for the City of Sammamish. On December 22, 2022, the Metropolitan King County Council adopted and ratified Growth Management Planning Council (GMPC) Motion No. 22-1, to adopt updated 2021 CPPs. 1 Countywide Planning Urban Growth - Resolution Packet Pg. 51 8.E.b C. The King County Council approved and ratified the amendments on behalf of unincorporated King County pursuant to King County Ordinance No. 19553. D. Now the amendments are presented to jurisdictions in King County for ratification. E. The Kent City Council's Economic and Community Development Committee reviewed the amendments at its meeting on February 13, 2023, and recommended approval to the full City Council. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Amendment. The City of Kent, acting pursuant to the interlocal agreement among King County, the City of Seattle, and incorporated suburban cities, hereby ratifies the proposed amendments to the Countywide Planning Policies as adopted by the Metropolitan King County Council in King County Ordinance No. 19553, attached and incorporated hereto as Exhibit A. SECTION 2. - Public Inspection. The amendment to the Countywide Planning Policies adopted herein shall be filed with the City Clerk and placed in the planning services office so they are available for inspection by the public. SECTION 3. - Severability. If any one or more section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this resolution. 2 Countywide Planning Urban Growth - Resolution Packet Pg. 52 8.E.b SECTION 4. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 5. - Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 6. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TAM MY WHITE, CITY ATTORNEY February 21, 2023 Date Approved February 21, 2023 Date Adopted 3 Countywide Planning Urban Growth - Resolution Packet Pg. 53 DocuSign Envelope ID: C8A35CD5-F1F3-4787-B3B9-F46B79D2417B 8.E.b i'm }Ch rit Proposed No. 2022-0398.1 KING COUNTY Signature Report Ordinance 19553 Sponsors Perry 1200 King County Courthouse 516 Third Avenue Seattle, WA 98104 1 AN ORDINANCE adopting and ratifying amendments to 2 the 2021 King County Countywide Planning Policies. 3 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 4 SECTION 1. Findings: 5 A. The 2021 King County Countywide Planning Policies were adopted by King 6 County via Ordinance 19384, which established 2019-2044 growth targets for King 7 County jurisdictions in Table DP-1. 8 B. Table DP-1 directed additional work to establish final growth targets for the 9 city of Sammamish. 10 C. On July 27, 2022, the King County Growth Management Planning Council 11 approved Motion 22-1 which recommended final growth targets for the city of 12 Sammamish. 13 SECTION 2. The amendments to the 2021 King County Countywide Planning 14 Policies, as shown in Attachment A to this ordinance, are hereby adopted by King County 15 and ratified on behalf of the population of unincorporated King County. 16 SECTION 3. Severability. If any provision of this ordinance or its application to 1 Packet Pg. 54 DocuSign Envelope ID: C8A35CD5-F1F3-4787-B3B9-F46B79D2417B Ordinance 19553 8.E.b 17 any person or circumstance is held invalid, the remainder of the ordinance or the 18 application of the provision to persons or circumstances is not affected. Ordinance 19553 was introduced on 10/18/2022 and passed by the Metropolitan King County Council on 12/6/2022, by the following vote: Yes: 9 - Balducci, Dembowski, Dunn, Kohl-Welles, Perry, McDermott, Upthegrove, von Reichbauer and Zahilay ATTEST: DocuSigned by: QV41 r6ss C267B914088E4A0... Melani Pedroza, Clerk of the Council APPROVED this day of 12/22/2022 KING COUNTY COUNCIL KING COUNTY, WASHINGTON DocuSigned by: 0"a, 64L'ui F8830816F1 C4427... Claudia Balducci, Chair DocuSigned by: 4FBCAB8196AE4C6... Dow Constantine, County Executive Attachments: A. Amendments to 2021 King County Countywide Planning Policies - Sammamish Growth Targets 2 Packet Pg. 55 DocuSign Envelope ID: C8A35CD5-F1 F3-4787-B3B9-F46B79D2417B 8.E.b Ordinance 19553 ATTACHMENT A Amendments to 2021 King County Countywide Planning Policies - Sammamish Growth Targets In the CPP Development Patterns Chapter, starting on page 22, amend as follows: Table DP-1: King County Jurisdiction Growth Targets 2019-2044 Net New Units and Jobs 2019-2044 2019-2044 Jurisdiction Housing Target Job Target o Bellevue 35,000 70,000 a Seattle 112,000 169,500 U Metropolitan Cities Subtotal 147,000 239,500 Auburn 12,000 19,520 Bothell 5,800 9,500 Burien 7,500 4,770 Federal Way 11,260 20,460 v Issaquah 3,500 7,950 U Kent 10,200 32,000 v 0 Kirkland 13,200 26,490 Redmond 20,000 24,000 Renton 17,000 31,780 SeaTac 5,900 14,810 Tukwila 6,500 15,890 Core Cities Subtotal 112,860 207,170 Des Moines 3,800 2,380 Ln Federal Way PAA 1,020 720 � Kenmore 3,070 3,200 E E Lake Forest Park 870 550 U Mercer Island 1,239 1,300 c Newcastle 1,480 500 North Highline PAA 1,420 1,220 Renton PAA - East Renton 170 0 v Q Renton PAA - Fairwood 840 100 v Renton PAA - Skyway/West Hill 670 600 Shoreline 13,330 10,000 Woodinville 2,033 5,000 High Capacity Transit 29,942 25,570 Communities Subtotal Packet Pg. 56 DocuSign Envelope ID: C8A35CD5-F1F3-4787-B3B9-F46B79D2417B 8.E.b Table DP-1: King County Jurisdiction Growth Targets 2019-2044 Net New Units and Jobs 2019-2044 2019-2044 Jurisdiction Housing Target Job Target Algona Beaux Arts Black Diamond Carnation Clyde Hill Covington Duvall Ln Enumclaw Hunts Point Maple Valley Medina Milton Normandy Park North Bend Pacific Sammamish Skykomish Snoqualmie Yarrow Point Cities and Towns Subtotal Auburn PAA Bellevue PAA v Black Diamond PAA Q Issaquah PAA C O Kent PAA U Newcastle PAA Pacific PAA Redmond PAA Sammamish PAA Unaffiliated Urban Unincorporated Urban Unincorporated Subtotal Urban Growth Area Total 170 1 2,900 799 10 4,310 890 1,057 1 1,720 19 50 153 1,748 135 2,100 10 1,500 10 ((4&,4")) 17,583 12 17 328 35 3 1 134 120 194 448 1,292 ((2A�T)) 308,677 325 0 680 450 10 4,496 990 989 0 1,570 0 900 35 2,218 75 728 0 4,425 0 ((17-,4")) 17,891 0 0 0 0 300 0 0 0 0 400 700 ((A°�4)) 490,831 Packet Pg. 57 8.E.b DocuSign Certificate Of Completion Envelope Id: C8A35CD5F1F34787B3B9F46B79D2417B Subject: Complete with DocuSign: Ordinance 19553.docx, Ordinance 19553 Attachment A.docx Source Envelope: Document Pages: 2 Signatures: 3 Supplemental Document Pages: 2 Initials: 0 Certificate Pages: 5 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 12/7/2022 1:42:53 PM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Claudia Balducci claudia.balducci@kingcounty.gov Security Level: Email, Account Authentication (None) Holder: Cherie Camp Cherie.Camp@kingcounty.gov Pool: FedRamp Pool: King County -Council Signature ED*,"Si,n,d by:ibt...a U F8830816F1C4427 Signature Adoption: Pre -selected Style Using IP Address: 73.181.163.252 Electronic Record and Signature Disclosure: Accepted: 12/14/2022 4:51:04 PM ID:45e33ef9-95e7-4afd-9cd8-a0e82d4b6af6 Supplemental Documents: Ordinance 19553 Attachment A.docx Angel Foss Angel. Foss@kingcounty.gov Deputy Clerk of the Council King County Council Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/30/2022 11:28:30 AM ID:020c9a0a-c529-4443-8490-bad8ecc7fb95 Dow Constantine Dow.Constantine@kingcounty.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/22/2022 2:21:50 PM ID:2dc37fOd-6bfc-48c4-bde8-7c6178bd949e In Person Signer Events Editor Delivery Events EDocuSigned by: v,,)tt r6ss C267B914088E4A0... Signature Adoption: Pre -selected Style Using IP Address: 198.49.222.20 E DocuSigned by: A�96AE�� Signature Adoption: Uploaded Signature Image Using IP Address: 198.49.222.20 Signature Status Status: Completed Envelope Originator: Cherie Camp 401 5TH AVE SEATTLE, WA 98104 Cherie.Camp@kingcounty.gov IP Address: 198.49.222.20 Location: DocuSign Location: DocuSign Timestamp Sent: 12/7/2022 1:44:05 PM Viewed: 12/14/2022 4:51:04 PM Signed: 12/14/2022 4:51:48 PM Viewed: 12/14/2022 4:51:21 PM Read: Not Required Accepted: Not Required Sent: 12/14/2022 4:51:50 PM Viewed: 12/15/2022 1:19:37 PM Signed: 12/15/2022 1:19:41 PM Sent: 12/15/2022 1:19:44 PM Viewed: 12/22/2022 2:21:50 PM Signed: 12/22/2022 2:22:00 PM Timestamp Timestamp Packet Pg. 58 8.E.b Agent Delivery Events Status Intermediary Delivery Events Status Certified Delivery Events Status Carbon Copy Events Status Kaitlyn Wiggins kwiggins@kingcounty.gov COPIED i Executive Legislative Coordinator King County Executive Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Notary Events Signature Envelope Summary Events Status Envelope Sent Hashed/Encrypted Certified Delivered Security Checked Signing Complete Security Checked Completed Security Checked Payment Events Status Electronic Record and Signature Disclosure Timestamp Timestamp Timestamp Timestamp Sent: 12/15/2022 1:19:44 PM Viewed: 12/15/2022 3:19:06 PM Timestamp Timestamp Timestamps 12/7/2022 1:44:05 PM 12/22/2022 2:21:50 PM 12/22/2022 2:22:00 PM 12/22/2022 2:22:00 PM Timestamps Packet Pg. 59 Electronic Record and Signature Disclosure created on: 8/24/2020 2:41:23 PM Parties agreed to: Claudia Balducci, Angel Foss, Dow Constantine 8.E.b ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, King County -Department of 02 (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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All notices and disclosures will be sent to you electronically Packet Pg. 60 8.E.b Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. 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Packet Pg. 62 8.F • KENT *A S M IN G T O N DATE: February 21, 2023 TO: Kent City Council SUBJECT: Wagner Architects and Planners KEHOC design - Authorize MOTION: I move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Wagner Architects and Planners in an amount not to exceed $2,462,014.00, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: The agreement is with Wagner Architects and Planners for design, permitting, bidding and construction phase services in the development of a new building at the Kent East Hill Operations Center (KEHOC). The agreement includes all consultant work necessary through the end of construction. EXHIBITS: A- Consultant Services Agreement - Wagner Architects and Planners BUDGET IMPACT: NTE $2,462,014.00 SUPPORTS STRATEGIC PLAN GOAL: 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. ATTACHMENTS: 1. FAC23-09 Wagner KEHOC-PACKET 2.10.23 (PDF) 02/13/23 Economic and Community Development Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/21/2023 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Toni Troutner, Marli Larimer, Zandria Michaud Packet Pg. 63 8.F.a KENT WISH IN c r o n CONSULTANT SERVICES AGREEMENT between the City of Kent and Wagner Architects and Planners THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Wagner Architects and Planners organized under the laws of the State of Washington, located and doing business at 1916 Pike Place, Seattle, WA 98101, 206-448-2528 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: As described in attached Exhibit A, incorporated herein, consultant shall provide design, permitting, bidding and construction phase services in the development of a new building and associated site work at the Kent East Hill Operations Center (KEHOC). These services are contingent upon the notices to proceed listed in Exhibit A. The Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by 12/31/2026. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $2,462,014.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) Packet Pg. 64 8.F.a for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor - Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) Packet Pg. 65 8.F.a Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Non -Discrimination Policy Declaration and comply with City Administrative Policy 1.2. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit 6 attached and incorporated by this reference. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) Packet Pg. 66 8.F.a become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) Packet Pg. 67 8.F.a G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) Packet Pg. 68 8.F.a K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: Print Name: Its DATE NOTICES TO BE SENT TO: CONSULTANT: Robert Wagner Wagner Architects and 1916 Pike Place Seattle, WA 98101 CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CITY OF KENT: Will Moore Planners City of Kent 220 Fourth Avenue South Kent, WA 98032 206-448-2528 (telephone) rw@wagnerarchitects.com (email) [In this field, you may enter the electronic filepath where the contract has been saved] (253) 856-5084 (telephone) wmoore@kentwa.gov (email) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent Citv Clerk CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) Packet Pg. 69 8.F.a DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally -Assisted Programs Of The Department Of Transportation -Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. The statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 70 8.F.a A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally - assisted programs of the U.S. Department of Transportation, State -assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 71 8.F.a or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); iii. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 72 8.F.a xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et S LM seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 4 Packet Pg. 73 8.F.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING POLICY: SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non -Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines EEO COMPLIANCE DOCUMENTS - 5 Packet Pg. 74 Exhibit A 8.F.a February 9, 2023 Will Moore, Facilities Superintendent Facilities I Parks, Recreation and Community Services 400 West Gowe St., Kent, WA 98032 Subject: Proposal for Consultant Services: New Facilities at KEHOC WAGNER ARCHITECTS ••PLANNERS 1916 PIKE PLACE SFATTLF WA 98101 2 0 6 4 4 8 2 5 2 8 F A X 4 4 1 6 1 8 4 wagneroichiiects.com This letter outlines a proposed scope of work for design, permitting, bidding and construction phase services in the development of a new building and associated site work at the Kent East Hill Operations Center (KEHOC). It includes all consultant work necessary thru the end of construction. Work will be authorized in writing in the following manner: A first Notice to Proceed will be for work necessary to submit for a building permit to allow vesting with current codes before the end of June, 2022. Between February and June, a second Notice to Proceed will be issued for the remaining Design and Construction Administration services. BACKGROUND AND UNDERSTANDING OF THE WORK Wagner worked with the City several years ago to prepare a Master Plan for the development of the Kent East Hill Operations Center (KEHOC) to accommodate Public Works and Parks maintenance operations. The plan included several buildings and a water reservoir. The reservoir was constructed and is now operational. The City rough graded the site and installed underground utilities to most building sites located in the master plan. None of the buildings were constructed. Wagner has worked with the City over the last several months to prepare a development concept for one of the buildings in the Master Plan. The use and configuration of the building has changed but the location and footprint has not. The development concept accommodates Public Works, Parks, and Police needs. In addition to construction of the building, site work is necessary for operations and to meet obligations from an approved Conditional Use Permit which allowed the original development. PUBLIC WORKS Public Works did the original civil engineering site design and were responsible for construction of the site work which has already been accomplished. Public Works will be responsible for the design and construction of the frontage improvements along each adjacent road and for the access drives into the site. Public Works will be responsible for all storm water related permits. Public Works will be responsible for meeting the conditions of the original Conditional Use Permit. WAGNER ARCHITECTS AND PLANNERS Page 1 of 5 CITY OF KENT February 9 Proposal for Consultant Services for KEHOC Packet Pg. 75 8.F.a The cost of the work provided by Public Works is assumed to be part of the total limit on available funds. The building permit documents prepared by Wagner may have to include the public works development to show total proposed construction on the site. Public Works will provide to Wagner any documents necessary for a complete building permit application. SCHEDULE AND PERMITTING The schedule is determined by the goal of submitting a permit application which can be accepted as complete by June 30. Building codes change on July 1 and that will impact design requirements. Not all standards in the new codes have been published and a change in requirements could mean changes to design work already complete. We understand the proposed change to the energy code would not allow simple space heaters in shops and open storage space. This would have a significant schedule and cost impact on both the final build out and the temporary use of the shelled space. Permit documents for the complete buildout of the interior of the building may not be complete by June 30. The permit application will show all site work and the entire metal building. The permit will show simple space heaters in those rooms which will not be changed with more detailed design. After the permit drawings are submitted, the permit application will be amended to include complete finishing and build out of the areas not so shown in the initial application. DEVELOPMENT WITHIN THIS SCOPE OF WORK The building will be constructed as a "manufactured" metal building. The metal building will be publicly bid as a separate, early contract. The work in this early contract will include: The structural framing of the building frame and of second floor spaces The exterior siding and roofing The building insulation Erection A second contract will be publicly bid for the site work and the rest of the building. This will include: Power to the site A pathway for data to the site from 248tn Underground utilities Foundations and slab on grade Under -slab power and utilities Topping slab on second floor steel deck Power and data outlets Lighting. All HVAC systems WAGNER ARCHITECTS AND PLANNERS Page 2 of 5 CITY OF KENT February 9 Proposal for Consultant Services for KEHOC Packet Pg. 76 8.F.a Exterior windows and doors. All plumbing The metal building contract will be assigned to the general contractor. The second floor will be designed to be structurally independent of the metal building. This second floor is now envisioned to be provided by the metal building vendor, but the economy of making this part of the general contractor's scope will be reviewed. TASKS WITHIN THIS SCOPE OF WORK A. DESIGN 1. METAL BUILDING Prepare Drawings necessary for Bidding of Exterior Construction Prepare Drawings as necessary for 2nd floor space as a Bid Alternate Prepare Project Manual for Bidding Front end with City Standard Sections, Divisions 0 and 1 Technical Specifications Prepare Advertisement Hold Pre -Bid Conference Review Bids and Recommend Award This work will be streamlined with one review submission to City. 2. GENERAL CONTRACT The normal steps in design will be streamlined to 2 reviews in order to meet the June deadline for permit application. Coordinate work with work to be provided by City Prepare First Phase Construction drawing of Site and Building Level of detail for submission one to be approximately 75% Level of detail for submission two to be approximately 95% and ready for permit. Provide estimate of development costs with each submission. Prepare Drawings necessary for Bidding of Drawings approved on February 4. Prepare Drawings as necessary for 2nd floor space as a Bid Alternate Prepare Project Manual for Bidding Front end with City Standard Sections, Divisions 1 and 2 Technical Specifications Prepare Advertisement Hold Pre -Bid Conference Review Bids and Recommend Award WAGNER ARCHITECTS AND PLANNERS Page 3 of 5 CITY OF KENT February 9 Proposal for Consultant Services for KEHOC Packet Pg. 77 8.F.a B. CONDITIONAL USE PERMIT Prepare materials as necessary for Mini CUP PROPOSED CONSULTANT TEAM We propose using the consultant team which designed the buildings in 2009, to maintain continuity and to minimize learning curves and redundant work. Frank Co, Structural Engineers, Liz Fekete Mike MacDonald, Metal Building Advisor Tres West Mechanical and Electrical Engineers, David Moore, Mechanical Engineer Sean Roy, Electrical Engineer Coughlin Porter Lundeen, Civil Engineers, Keith Kruger RLB, Cost Estimators, Kevin Mitchell The City did the original civil engineering and intended to do the landscape design. We understand we are now to include that work in this contract. We propose firms we are working with on other projects and who are experienced in working in Kent. Coughlin Porter Lundeen (CPQ Civil Engineers, Keith Kruger The Berger Partnership, Landscape Architects DETAILED SCOPE OF WORK Two steps in the design process are complete to the level of detail necessary for this Phase One development. Task One: Start Up We have defined operational requirements, budget and schedule goals. In Phase Two we will further define the operational needs of each room in the project. Task Two: Schematic Design Floor plans, elevations, and site plans have been designed and approved. Task Three: Design Development This Task will confirm that all building systems work together as intended. Final dimensions will be confirmed. Significant details will be worked out. Important building components will be identified. It is important that the work be coordinated with work to be provided by the City. Deliverables: Drawings will be detailed and dimensioned. Significant details will be shown. An Outline Specification will include all development components. The design will be reviewed for compliance with all City standards The cost estimate will be refined. The overall schedule will be confirmed. WAGNER ARCHITECTS AND PLANNERS Page 4 of 5 CITY OF KENT February 9 Proposal for Consultant Services for KEHOC Packet Pg. 78 8.F.a Task Four: Permitting and Construction Documents for Metal Building The bidding documents for the metal building will be prepared. This work may be completed prior to the completion of Task Three. Task Five: Permitting and Construction Documents for All Other Work in Project This Task is to prepare final documents for permits and bidding. It is best to have one set of documents which is the approved permit set and the bidding drawings, but this is not always the case. The complete bidding documents will include written specifications which are not normally attached to the permit. During the bidding process, the documents will be amended to include answers to questions from the bidders. Sometimes these clarifications require amendments to the permit, often not. Deliverables: Final complete drawings and specifications. Completed calculations to support all design components. The cost estimate will be refined. Task Six: Permits Wagner will procure all necessary building permits, except those provided by Public Works (Permit fees are included in the capital costs.) Task Seven: Bidding the Metal Building Wagner will work with the City to prepare the final bidding documents and advertisement for contractors to bid the work. Wagner will then answer questions and prepare clarifications to amend the bidding documents to address questions Task Eiaht: Biddina the Rest of the Work Wagner will work with the City to prepare the final bidding documents and advertisement for contractors to bid the work. Wagner will then answer questions and prepare clarifications to amend the bidding documents to address questions. Task Nine: Construction Phase Services Wagner will provide construction phase services to include: Pre -construction meeting Assignment of metal building contract to general contractor Construction meetings every other week via TEAMS Responses to Requests for Information Submittal Reviews Approval of Pay Requests On -site Review of work in progress once a month Punch lists Recommendation of Acceptance. WAGNER ARCHITECTS AND PLANNERS Page 5 of 5 CITY OF KENT February 9 Proposal for Consultant Services for KEHOC Packet Pg. 79 8.F.a PROPOSED FEES Our proposed fees are detailed in the attached spreadsheet. WAGNER ARCHITECTS AND PLANNERS Page 6 of 5 CITY OF KENT February 9 Proposal for Consultant Services for KEHOC Packet Pg. 80 8.F.a Kent: New Operations Center U O February 9, 2023 w 1 Detailed Design thru Bidding $ A Metal Building $ 69,080 B Building Buildout and Site $ 1,577,088 C Fuel Island Alternate $ D Premium for 2 permit sets allowance 80 hours $ 2 Construction Management $ 3 Minor Conditional Use Permit $ 4 Lot Line Adjustment by city 5 Development Engineering Application allowance 80 hours $ and any other permit issues contingency 20% $ Y 1,646,168 a a N r 16,000 L a 320,320 53,190 L; M M N O 16,000 N Y U Q a 2,051,678 U = w 410,336 Y 2,462,014 O N U Q U- I Packet Pg. 81 8.F.a 1. Detailed Design thru Bidding A Metal Building B Building Buildout and Site C Fuel Island Alternate 2. Construction Phase time unbilled thru feb 6 $ 69,080 $ 1,241,768 $ 1,310,848 $ 320,320 Total fees $ 1,631,168 $ 1,646,168 $ 1,631,168 $ 1,146,830 $ $ 15,000 without cup without cup without cup without cup without cup 300 600 600 600 $ 60,000 $ 105,000 $ 78,000 $78,000 RATES IN SPREADSHEET BELOW WAGNER I SOMERS SCARMARDO RIETHMILLER PURNAPUSPITA $ 200 $ 175 $ 175 $ 130 $ 130 design time $ 1. Detailed Design thru Bidding TOTAL 1,631,168 SUBS $ 1,146,830 WAGNER $ 484,338 WAGNER 198 40 4.95 weeks full time WAGNER SOMERS s 40 0.15 weeks full time SOMERS I SCARMARDO 1 370 40 9.25 weeks full time I SCARMARDO I RIETHMILLER 1 276 40 6.9 weeks full time I RIETHMILLER PURNAPUSPITA 42 PURNAPUSPITA avail weeks 16 A METAL BUILDING $ 69,080 $ 20,020 $ 49,060 72 $ 14,400.00 1 6 $ 1,050.00 146 $ 25,550.001 20 $ 2,600.00 42 $ 5,460.00 40 640 SD DD CD Drawings Is 18,160 1 18 $ 3,600.00 0 $ - 52 $ 9,100.00 1 0 $ - 42 $ 5,460.00 Metal Building Cover Sheet $ 900 1 $ 200 0 $ - 4 $ 700 0 $ - 0 $ - Metal Building Abbreviations $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Metal Building Occ/Code Summary $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Metal Building Life Safety Plan $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Metal Building Site Plan $ 900 1 $ 200 0 $ - 4 $ 700 0 $ - 0 $ - Metal Building Slab Plan $ 660 2 $ 400 0 $ - 0 $ - 0 $ - 2 $ 260 Metal Building First Floor $ 1,620 2 $ 400 0 $ - 4 $ 700 0 $ - 4 $ 520 Metal Building Second Floor $ 1,620 2 $ 400 0 $ - 4 $ 700 0 $ - 4 $ 520 Metal Building Roof $ 2,140 2 $ 400 0 $ - 4 $ 700 0 $ - 8 $ 1,040 Metal Building Elevations $ 2,840 2 $ 400 0 $ - 8 $ 1,400 0 $ - 8 $ 1,040 Metal Building Building Sections $ 2,320 2 $ 400 0 $ - 8 $ 1,400 0 $ - 4 $ 520 Metal Building Building Sections $ 2,320 2 $ 400 0 $ - 8 $ 1,400 0 $ - 4 $ 520 Metal Building Details $ 2,840 2 $ 400 0 $ - 8 $ 1,400 0 $ - 8 $ 1,040 Specifications $ 8,800 16 $ 3,200 0 $ - 32 $ 5,600 0 $- Div 0 & 1 $ 3,800 12 $ 2,400 0 $ - 8 $ 1,400 0 $ - 0 $ - Tech Sections $ 5,000 4 $ 800 0 $ - 24 $ 4,200 0 $ - 0 $ - Section 13 00 00 $ - $ - $ - $ - $ - $ - Cost Estimate $ - 0 $ - 0 $ - 0 $ - 0 $ Management of Subs $ 5,150 10 $ 2,000 0 $ - 18 $ 3,150 0 $- Subs: MacDonald $ 6,200 $ 750 2 $ 400 0 $ - 2 $ 350 0 $ - 0 $ - $ - $ - $ - 0 $ - $ - $ - $ - Tres West Mechanical $ - $ 1,100 2 $ 400 0 $ - 4 $ 700 0 $ - 0 $ - Tres West Electrical $ - $ 1,100 2 $ 400 0 $ - 4 $ 700 $ - $ - Geotech $ - $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ Frank Co $ 12,000 $ 1,800 2 $ 400 0 $ - 8 $ 1,400 0 $ - 0 $ - Estimator $ - $ 400 2 $ 400 0 $ - 0 $ - 0 $ - 0 $ - Sub Total: $ 18,200 Markup: 10% $ 1,820 Grand Total: $ 20,020 Management with City of Kent $ 3,900 16 $ 3,200 0 $ - 4 $ 700 0 $ Permitting with building but time here $ 6,200 4 $ 800 0 $ - 16 $ 2,800 20 $ 2,600 0 $ - Bidding I $ 1,800 2 $ 400 1 0 $ - 1 8 $ 1,400 0 $ - I0 $ - Award I $ 2,150 2 $ 400 1 2 $ 350 1 8 $ 1,400 0 $ - 0 $ - 0 $ Fabrication and Construction Support $ 2,900 1 4 $ 800 1 4 $ 700 8 $ 1,400 1 0 $ - 0 $ - B GENERAL CONSTRUCTION CONTRACT $ 1,241,768 $ 806,490 $ 435,278 WAGNER SOMERS SCARMARDO I RIETHMILLER I PURNAPUSPITA B1 Site Work $ 172,810-101F 101,200 $ 71,610 88 $ 17,600.00 0 $ 166 $ 29,050.00 1 192 $ 24,960.00 0 $ SD DID CD Drawings I $ 32,960 36 $ 7,200.00 0 $ - 64 $ 11,200.00 112 $ 14,560.00 0 $ Metal Building Cover Sheet $ 4,280 4 $ 800 0 $ - 8 $ 1,400 16 $ 2,080 0 $ Metal Building Site Plan $ 9,120 16 $ 3,200 0 $ - 16 $ 2,800 24 $ 3,120 0 $ Metal Building Phasing Plan for First Contras $ 3,240 4 $ 800 0 $ - 8 $ 1,400 8 $ 1,040 0 $ - Metal Building Site Sections $ 8,560 8 $ 1,600 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - Metal Building Site Details $ 7,760 4 $ 800 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - Specifications I $ 9,600 20 $ 4,000 0 $ - 32 $ 5,600 1 0 $ - I0 $ - Div 0 & 1 2 $ 3,800 12 $ 2,400 0 $ - 8 $ 1,400 0 $ - 0 $ - Technical Sections 13 $ 5,800 8 $ 1,600 0 $ - 24 $ 4,200 0 $ - 0 $ - Cost Estimate $ 1,500 4 $ 800 0 $ - 4 $ 700 1 0 $ Management of Subs $ 9,030 12 $ 2,400 0 $ - 26 $ 4,550 1 16 $ 2,080 r Subs:l MacDonald $ - $ 750 2 $ 400 0 $ - 2 $ 350 0 $ - 0 $ - march apol may june 5 4 5 2 Packet Pg. 82 8.F.a Civil CPL Site CD's $ 86,500 Tres West Mechancial $ - Tres West Electrical included with bldg Geotech $ 5,000 Frank Co $ - Estimator $ 500 Sub Total: $ 92,000 Markup: 10% $ 91200 Grand Total: $ 101,200 $ - $ 2,840 $ 3,240 $ - $ 1,800 $ 400 O $ 2 $ 4 $ O $ 2 $ 2 $ - 400 800 - 400 400 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ 8 $ 8 $ 0 $ 8 $ 0 $ - 1,400 1,400 - 1,400 - 0 $ 8 $ 8 $ 0 $ 0 $ 0 $ - 1,040 1,040 - - - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - B2 Building $ 1,068,958 $ 705,290 $ 363,668 209 $ 41,808 0 $ 924 $ 161,700 1232 $ 160,160 0 $ SD DID CD Drawings I $ 310,688 167 $ 33,408.00 0 $ - 696 $ 121,800.00 1196 $ 155,480.00 0 $ - X X X CS.1 Admin/Shop Building Cover Sheet $ 4,280 4 $ 800 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - X CS.2 Admin/Shop Building Abbreviations $ 520 0 $ - 0 $ - 0 $ - 4 $ 520 0 $ - X X CS.3 Admin/Shop Building Occ/Code Summary $ 6,480 8 $ 1,600 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - X X CS.4 Admin/Shop Building Life Safety Plan $ 5,280 2 $ 400 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - X X X OA1.1 Admin/Shop Building Site Plan $ 7,760 4 $ 800 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - X X OA1.2 Admin/Shop Building Enlarged Site Plan $ 6,360 4 $ 800 0 $ - 8 $ 1,400 32 $ 4,160 0 $ - X X OA1.3 Admin/Shop Building Site Details $ 4,280 4 $ 800 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - X OA1.4 Admin/Shop Building Gates & Details $ 4,280 4 $ 800 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - X OA1.5 Admin/Shop Building Signs and Striping $ 2,140 2 $ 400 0 $ - 4 $ 700 8 $ 1,040 0 $ - X X OA1.6 Admin/Shop Building Combined Utility Plan $ 5,280 2 $ 400 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - X 0 0 X X X 1A1.1 Admin/Shop Building Slab Plan & Conc. Details $ 5,680 4 $ 800 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 36 X X X X 1A1.2 Admin/Shop Building Floor Plan, Floor 1 $ 13,640 16 $ 3,200 0 $ - 24 $ 4,200 48 $ 6,240 0 $ - 88 X X X X 1A1.3 Admin/Shop Building Floor Plan, Floor 2 $ 15,740 16 $ 3,200 0 $ - 36 $ 6,300 48 $ 6,240 0 $ - 100 X X X 1A1.4 Admin/Shop Building Enlarged Plans $ 6,720 4 $ 800 0 $ - 16 $ 2,800 24 $ 3,120 0 $ - 44 X X X 1A1.5 Admin/Shop Building Enlarged Plans $ 6,720 4 $ 800 0 $ - 16 $ 2,800 24 $ 3,120 0 $ - 44 X X X X 1A1.6 Admin/Shop Building Reflected Ceiling Plans 1 $ 5,680 4 $ 800 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 36 X X X X 1A1.7 Admin/Shop Building Reflected Ceiling Plans 2 $ 5,680 4 $ 800 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 36 X X X 1A1.8 Admin/Shop Building Roof Plan $ 2,840 2 $ 400 0 $ - 8 $ 1,400 8 $ 1,040 0 $ - 18 X X X 1A1.9 Admin/Shop Building Furniture/Equipment Plan 1 $ 5,280 2 $ 400 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 34 X X X 1A1.10 Admin/Shop Building Furniture/Equipment Plan 2 $ 5,280 2 $ 400 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - X 1A1.11 Admin/Shop Building Door, Wall & Finish Plan 1 $ 3,484 0 $ 4 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 24 X X 1A1.12 Admin/Shop Building Door, Wall & Finish Plan 2 $ 3,484 0 $ 4 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 24 X X 1 A1.13 Admin/Shop Building ADA Compliance Plan $ 2,610 0 $ - 0 $ - 6 $ 1,050 12 $ 1,560 0 $ - 18 X X 1A1.14 Admin/Shop Building ADA Compliance Plan $ 2,610 0 $ - 0 $ - 6 $ 1,050 12 $ 1,560 0 $ - 18 X X X 1A1.15 Admin/Shop Building Wall Types $ 5,220 0 $ - 0 $ - 12 $ 2,100 24 $ 3,120 0 $ - 36 X 0 0 X X X 1A2.1 Admin/Shop Building Exterior Elevations $ 5,680 4 $ 800 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 36 X X X X 1A2.2 Admin/Shop Building Exterior Elevations $ 5,680 4 $ 800 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 36 X X X X 1A2.3 Admin/Shop Building Enlarged Exterior Elevations $ 5,680 4 $ 800 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 36 X X X X 1A2.4 Admin/Shop Building Sections $ 5,680 4 $ 800 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 36 X X X X 1A2.5 Admin/Shop Building Sections $ 5,680 4 $ 800 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 36 X X X 1A2.6 Admin/Shop Building Enlarged Sections $ 5,680 4 $ 800 0 $ - 16 $ 2,800 16 $ 2,080 0 $ - 36 0 X X X 1A3.1 Admin/Shop Building Wall Sections $ 3,530 2 $ 400 0 $ - 6 $ 1,050 16 $ 2,080 0 $ - 24 X X 1A3.2 Admin/Shop Building Wall Sections $ 3,530 2 $ 400 0 $ - 6 $ 1,050 16 $ 2,080 0 $ - 24 X X 1A3.3 Admin/Shop Building Wall Sections $ 3,530 2 $ 400 0 $ - 6 $ 1,050 16 $ 2,080 0 $ - X X 1A3.4 Admin/Shop Building Wall Sections $ 3,530 2 $ 400 0 $ - 6 $ 1,050 16 $ 2,080 0 $ - 24 X X X 1A3.5 Admin/Shop Building Wall Sections $ 3,530 2 $ 400 0 $ - 6 $ 1,050 16 $ 2,080 0 $ - 24 X 0 0 X 1A4.1 Admin/Shop Building Exterior Details $ 2,610 0 $ - 0 $ - 6 $ 1,050 12 $ 1,560 0 $ - 18 X X X 1A4.2 Admin/Shop Building Exterior Details $ 2,610 0 $ - 0 $ - 6 $ 1,050 12 $ 1,560 0 $ - 18 X X X 1A4.3 Admin/Shop Building Exterior Details $ 2,610 0 $ - 0 $ - 6 $ 1,050 12 $ 1,560 0 $ - 18 X X 1A5.1 Admin/Shop Building Window Schedule & Types $ 5,220 0 $ - 0 $ - 12 $ 2,100 24 $ 3,120 0 $ - 36 X X 1A5.2 Admin/Shop Building Window Details $ 3,480 0 $ - 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 24 X X X 1A5.3 Admin/Shop Building Door Schedule & Types $ 3,660 0 $ - 0 $ - 12 $ 2,100 12 $ 1,560 0 $ - X 1A5.4 Admin/Shop Building Door Details $ 4,280 4 $ 800 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 28 X X X 1A5.5 Admin/Shop Building Finish Schedule $ 4,280 4 $ 800 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 28 X X X X 1A6.1 Admin/Shop Building Interior Elevations $ 2,980 1 $ 200 0 $ - 4 $ 700 16 $ 2,080 0 $ - 21 X X X X 1A6.2 Admin/Shop Building Interior Elevations $ 2,980 1 $ 200 0 $ - 4 $ 700 16 $ 2,080 0 $ - 21 X X X X 1A6.3 Admin/Shop Building Interior Elevations $ 2,980 1 $ 200 0 $ - 4 $ 700 16 $ 2,080 0 $ - 21 X X 1A6.4 Admin/Shop Building Interior Elevations $ 2,980 1 $ 200 0 $ - 4 $ 700 16 $ 2,080 0 $ - 21 X X 1A6.5 Admin/Shop Building Interior Elevations $ 2,980 1 $ 200 0 $ - 4 $ 700 16 $ 2,080 0 $ - 21 X X 1A6.6 Admin/Shop Building Interior Elevations $ 2,980 1 $ 200 0 $ - 4 $ 700 16 $ 2,080 0 $ - 0 0 X X 1A7.1 Admin/Shop Building Elevator Plans & Details $ 3,680 1 $ 200 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 25 X X X 1A7.2 Admin/Shop Building Stair Plans & Details $ 3,680 1 $ 200 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 25 X X X 1A7.2 Admin/Shop Building Stair Plans & Details $ 3,680 1 $ 200 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 0 0 X X 1A8.1 Admin/Shop Building Plan Details $ 3,480 0 $ - 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 24 X X X 1A8.2 Admin/Shop Building Plan Details $ 3,480 0 $ - 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 24 X X X 1A8.3 Admin/Shop Building Plan Details $ 3,480 0 $ - 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 0 0 X X 1A9.1 Admin/Shop Building Details $ 8,560 8 $ 1,600 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - 56 X X X 1A9.2 Admin/Shop Building Details $ 8,560 8 $ 1,600 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - 56 X X X 1A9.3 Admin/Shop Building Details $ 8,560 8 $ 1,600 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - X X 1A9.4 Admin/Shop Building Details $ 6,960 0 $ - 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - 48 X X X 1A9.5 Admin/Shop Building Details $ 6,960 0 $ - 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - 48 X X X 1A9.6 Admin/Shop Building Details $ 6,960 0 $ - 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - 48 X X X 1A9.7 Admin/Shop Building Details $ 6,960 0 $ - 0 $ - 16 $ 2,800 32 $ 4,160 0 $ - 48 X Specifications $ 36,880 1 20 $ 4,000 1 0 $ - 176 $ 30,800 1 16 $ 2,080 0 $ - X X 4 34 Div 0 & 1 $ 9,400 12 $ 2,400 0 $ - 40 $ 7,000 0 $ - 0 $ - 52 X X X 4 34 Technical Sections $ 27,480 8 $ 1,600 0 $ - 136 $ 23,800 16 $ 2,080 $ - 160 X K Packet Pg. 83 8.F.a X X Cost Estimate I $ 1,500 4 $ 800 1 0 $ - 4 $ 700 1 0 $ - 10 $ - 8 X Permitting (Included in Metal Building) $ 12,800 16 $ 3,200 0 $ - 40 $ 7,000 20 $ 2,600 after permitting Bidding $ 9,900 8 $ 1,600 0 $ - 40 $ 7,000 10 $ 1,300 after permitting Award $ 2,200 4 $ 800 0 $ - 8 $ 1,400 0 $ - Management of Subs I $ 8,700 1 12 $ 2,400 1 0 $ - 1 36 $ 6,300 1 0 $ - I0 $ - X X X Subs: CPL CD $ 2,500 X X X sf MacDonald $ - X X X 288.2768198 $ 12,455,000 43205 Tres West Mechancial $ 344,389 X X X Tres West Electrical $ 239,284 X X X 44963 Geotech $ - X X X 30172 Frank Co $ 48,000 X X X 288.2768198 $ 21,659,678.86 75135 Estimator $ 7,000 Sub Total: $ 641,173 Markup: 10% $ 64,117 Grand Total: $ 705,290 X X X Management with City of Kent $ 1,100 2 $ 400 0 $ - 4 $ 700 0 $ - 0 $ - 6 X $ 1,450 2 $ 400 0 $ - 6 $ 1,050 0 $ - 0 $ - 8 X $ 1,800 2 $ 400 0 $ - 8 $ 1,400 0 $ - 0 $ - 10 X $ 1,800 2 $ 400 0 $ - 8 $ 1,400 0 $ - 0 $ - 10 X $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 X $ 1,800 2 $ 400 0 $ - 8 $ 1,400 0 $ - 0 $ - 10 X $ 750 2 $ 400 0 $ - 2 $ 350 0 $ - 0 $ - 4 X $ 4,600 1 16 $ 3,200 1 0 $ - 8 $ 1,400 1 0 $ - 1 0 $ - WAGNER SOMERS SCARMARDO RIETHMILLER I PURNAPUSPITA C Fuel Island Alternate $ 43,790 $ 22,000 $ 21,790 1 34 $ 6,800 0 $ 50 $ 8,750 48 $ 6,240 1 $ SD DID CD Drawings Is 12,840 12 $ 2,400 0 $ - 24 $ 4,200 1 48 $ 6,240 0 $ - X X X 2A1.1 Fuel Island Floor Plan & Elevations $ 4,280 4 $ 800 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - X X 2A1.2 Fuel Island Sections Roof Plan $ 4,280 4 $ 800 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - X X 2A1.3 Fuel Island Equipment Plan $ 4,280 4 $ 800 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - Specifications $ 2,900 1 4 $ 800 0 $ - 12 $ 2,100 0 $ - I0 $ - X X Technical Sections $ 2,900 4 $ 800 0 $ - 12 $ 2,100 0 $ - 0 $ - X X Cost Estimate $ 400 1 2 $ 400 0 $ - 0 $ - 0 $ Management of Subs $ 4,500 1 12 $ 2,400 0 $ - 12 $ 2,100 0 $- X X X Subs: CPL CD $ - $ 750 2 $ 400 0 $ - 2 $ 350 0 $ - 0 $ - X X X MacDonald $ - $ 750 2 $ 400 0 $ - 2 $ 350 0 $ - 0 $ - X X X Tres West Mechancial $ 10,000 $ 750 2 $ 400 0 $ - 2 $ 350 0 $ - 0 $ - X X X Tres West Electrical $ 10,000 $ 750 2 $ 400 0 $ - 2 $ 350 0 $ - 0 $ - X X X Geotech $ - $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - X X X Frank Co $ - $ 750 2 $ 400 0 $ - 2 $ 350 0 $ - 0 $ - X X X Estimator $ - $ 750 2 $ 400 0 $ - 2 $ 350 0 $ - 0 $ - Sub Total: $ 20,000 Markup: 10% $ 2,000 Grand Total: $ 22,000 X X X Management with City of Kent $ 22,000 1 $ 1,150 4 $ 800 0 $ - 2 $ 350 0 $ - 0 $ - 2. Construction Phase Construction Management $ 2,400,000 14.35% $ 24,000,000 $ 2,400,000 9.97% $ 24,000,000 24.32 24 X #REF! #REF! 28 X ? 28 X ? 28 X ? 16 X 2 X 4 X 4 X 4 X 4 X ? 0 X 4 X 4 X 6 X $ 95,600 44 $ 8,800.00 0 $ - 434 $ 86,800.00 0 $ - 0 $ - #REF! #REF! Pre Con $ 800 2 $ 400 0 $ - 2 $ 400 0 $ - 0 $ - % CA Phase % of CA Total 4 28 Meetings each 2 weeks $ 16,800 28 $ 5,600 0 $ - 56 $ 11,200 0 $ - 0 $ - 1 100 RFI's $ 20,800 4 $ 800 0 $ - 100 $ 20,000 0 $ - 0 $ - 2 100 Submittals $ 40,800 4 $ 800 0 $ - 200 $ 40,000 0 $ - 0 $ - Pay Requests $ 2,800 2 $ 400 0 $ - 12 $ 2,400 0 $ - 0 $ - Punch List $ 5,200 2 $ 400 0 $ - 24 $ 4,800 0 $ - 0 $ - Record Drawings $ 8,400 2 $ 400 0 $ - 40 $ 8,000 0 $ - 0 $ - Subs: CPL CD $ 35,000 MacDonald $ 4,800 Tres West Mechancial $ 140,665 Tres West Electrical $ 97,735 Geotech $ 1,000 Frank Co $ 12,000 Estimator $ Sub Total: $ 291,200 Markup: 10% $ 29,120 Grand Total: $ 320,320 Subs: CPL CD $ 124,000 MacDonald $ - Tres West Mechancial $ - Tres West Electrical $ - Geotech $ Frank Co $ Estimator $ Sub Total: $ 124,000 Markup: 10% $ 12,400 Grand Total: $ 136,400 Packet Pg. 84 8.F.a Kent: New Operations Center Detailed Design thru Bidding A Conditional Use Plan January 27, 2023 RATES IN SPREADSHEET BELOW WAGNER I SOMERS SCARMARDO RIETHMILLER PURNAPUSPITA $ 200 Is 175 $ 175 $ 130 Is 130 48 30 64 40 0 WAGNER SOMERS SCARMARDO RIETHMILLER PURNAPUSPITA A CONDITIONAL USE PLAN $ 53,190 $ 22,000 $ 31,190 48 $ 9,200.00 30 $ 5,250.00 1 64 $ 10,500.00 1 40 $ 6,240.00 1 0 $ Task A - Detailed Project Description + Information $ 3,000 8 $ 1,600.00 0 $ - 8 $ 1,400.00 0 $ - 0 $ - Architectural $ 3,000 8 $ 1,600 0 $ - 8 $ 1,400 0 $ - 0 $ - Task B - Not Required $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Task C - Answers Addressing Kent Zoning Section 15.09.032(D) $ 1,790 4 $ 400.00 0 $ - 4 $ 350.00 0 $ 1,040.00 0 $ - 1-4: Architectural $ 1,790 4 $ 400 0 $ - 4 $ 350 0 $ 1,040 0 $ - Task D - Completed Application $ 3,600 4 $ 800.00 0 $ - 16 $ 2,800.00 0 $ - 0 $ - Architectural $ 3,600 4 $ 800 0 $ - 16 $ 2,800 0 $ - 0 $ - Task E - Detailed Site Maps $ 5,430 8 $ 1,600.00 0 $ - 10 $ 1,750.00 16 $ 2,080.00 0 $ - 1-8: Civil Engineer $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 9-13: Architectural - Proposed Building Information $ 350 0 $ - 0 $ - 2 $ 350 0 $ - 0 $ - 14: Civil Engineer $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 15-25: Archictectural - Site Information $ 5,080 8 $ 1,600 0 $ - 8 $ 1,400 16 $ 2,080 0 $ - 26: Civil Engineer $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 28-29: Civil Engineer, Wetlands Consultant $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 30-31: Civil Engineer $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Task F - Not Required $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Task G - Code Data Task H - Not Required Task I - Landscape Plans 1-12: Architectural -Code Data 13: Landscape Architect 1-3: Civil Engineer 4-5: Architectural - Proposed Building Information 6-7: Civil Engineer 8: Wetlands Consultant 9: Landscape Architect 10-13: Architectural - Proposed Building Information 14-15: Landscape Architect 16: Civil Engineer 17-19: Landscape Architect Task J - Architectural Drawings of Proposed Buildings Architectural - Building Elevations w/ Ext, Lighting Task K - Not Required Task L - Not Required Task M - Submit SEPA Modification as Separate Application Architectural - Building Elevations w/ Ext, Lighting Management of Subs Subs:I Civil Engineer Landscape Architect Welands Consultant Sub Total: $ Markup: 10% $ Grand Total: $ Management with City of Kent $ 3,240 4 $ 800.00 0 $ - 8 $ 1,400.00 8 $ 1,040.00 0 $ - $ 3,240 4 $ 800 0 $ - 8 $ 1,400 8 $ 1,040 0 $ - $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ - 1 0 $ - 0 $ - 1 0 $ - 1 0 $ - 1 0 $ - $ 7,790 4 $ 800.00 30 $ 5,250.00 4 $ 700.00 8 $ 1,040.00 0 $ - $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 1,270 2 $ 400 0 $ - 2 $ 350 4 $ 520 0 $ - $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 6,520 2 $ 400 30 $ 5,250 2 $ 350 4 $ 520 0 $ - $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 2,140 2 $ 400.00 0 $ - 4 $ 700.00 8 $ 1,040.00 0 $ - $ 2,140 2 $ 400 0 $ - 4 $ 700 8 $ 1,040 0 $ - $ - 1 0 $ - 1 0 $ - 1 0 $ - 1 0 $ - 1 0 $ - $ - 0 $ - 0 $ - 0 $ - 1 0 $ - 0 $ - $ 1,500 4 $ 800.00 0 $ - 4 $ 700.00 0 $ - 0 $ - $ 1,500 4 $ 800 0 $ - 4 $ 700 0 $ - 0 $ - $ 2,300 8 $ 1,600.00 0 $ - 4 $ 700.00 0 $ - 0 $ - 10,000 $ 1,150 4 $ 800 0 $ - 2 $ 350 0 $ - 0 $ - 10,000 20,000 2,000 22,000 1,150 4 $ 800 0 $ - 2 $ 350 0 $ - 0 $ $ 800 1 2 $ 400.00 1 0 $ - 1 2 $ 400.00 1 0 $ - 1 0 $ - Packet Pg. 85 8.F.a From Tres West at 7% fee fee schedule .0707 x mech estimated cost of works out this total cost based on total total fee for all and elec captial divided by .71 construction to includes sales tax cost work cost? at 70% at 30% Mechanical Fee Proposal $ 137,240 $ 193,296 $ 2,572,711 0.075133 $ 2,761,368.21 $ 23,400,000.00 0.0707 $ 1,654,380 $ 181,890.67 $ 127,323.47 $ 54,567.20 $ 181,890.67 Electrical Fee Proposal $ 133,867 $ 188,545 $ 2,549,200 0.073962 $ 2,693,501.01 0.0707 $ 180,228.44 $ 126,159.91 7 271,107 $ 381,841 $ 362,119.11 $ 5,121,911 $ 5,454,869.22 this total cost does fee schedule not include sales tax based on total cost $ 22,400,000 0.083 $ 1,859,200 $ 2,572,711 0.083 $ 213,535.01 $ 149,474.51 $ 64,060.50 $ 213,535.01 $ 2,549,200 0.083 $ 211,583.60 $ 148,108.52 $ 63,475.08 $ 211,583.60 $ 5,121,911 $ 5,121,911 0.083 $ 425,118.61 $ 297,583.03 $ 127,535.58 $ 425,118.61 Structural Fee Proposal $ 47,000 $ 5,121,911 Metal Bldg Fee Proposal $ 6,200 Civil Fee Proposal $ 80,500 GeoTech $ 5,000 Packet Pg. 86 8.F.a EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. Packet Pg. 87 8.F.a EXHIBIT B (Continued) B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products -completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. Packet Pg. 88 8.F.a EXHIBIT B (Continued) E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Packet Pg. 89 TE A� CERTIFICATE OF LIABILITY INSURANCE DA6/2/2022 a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kim Grahn NAME: Shipley & Pease Insurance AICNNo Ext: (206)519-5371 FAX No: (503)282-3395 P O Box 928 E-MAIL kim@shi le ins.com ADDRESS' p y Woodinville WA 98072 INSURED Wagner Architects and Planners INSURER A: Sentinel Insurance INSURER C : LTD 111000 1916 Pike Place #221 INSURER E: Seattle WA 98101 INSURER F: COVERAGES CERTIFICATE NUMBER:CL226202884 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLTYPE INSD WVDSUBI POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,( A CLAIMS -MADE � OCCUR PRE ES (RENTED PREMISES Ea occurrence)$ 50,( MED EXP (Any one person) $ 10,( X 52SBATP3142 6/1/2022 6/1/2023 PERSONAL & ADV INJURY $ 2,000,( GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,( X POLICY ❑ PRO JECT ❑ LOC PRODUCTS - COMP/OP AGG $ 4,000,( $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,( BODILY INJURY (Per person) $ A ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS 52SBATP3142 6/1/2022 6/1/2023 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident) ccident $ NON -OWNED HIREDAUTOS IX AUTOS A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,( AGGREGATE $ 1,000,( CESS LIAB CLAIMS -MADE 52SBATP3142 10/7/2022 6/1/2023 EDXED IX I RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER X OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,( A OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N / A 52SBATP3142 6/1/2022 6/1/2023 E.L. DISEASE - EA EMPLOYEE $ 1,000,( If yes, describe under DESCRIPTION OF OPERATIONS below WA Stop Ga P p E.L. DISEASE - POLICY LIMIT $ 1,000, B Professional Liability 106307915 6/1/2022 6/1/2023 Each Claim 2,000,( :[ Aggregate 4,000,( DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: FAC-Kent East Hill Additional insured per SS0008 04/05 attached. CERTIFICATE HOLDER CANCELLATION City of Kent 400 West Gowe St Kent, WA 98032 LBryant@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Kim Grahn/KG ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 90 BUSINESS LIABILITY COVERAGE FORM 8.F.a 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for "bodily injury": are also insureds, but only with respect to their duties as trustees. a. Any Insured To any insured, except "volunteer workers". 2. Each of the following is also an insured: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of c. Injury On Normally Occupied Premises your business, or your "employees", other "executive than either your officers' (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee" of any insured, if benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers" are insureds for: or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f. Products -Completed Operations Hazard company), of to a co -"employee" while in the course of his or her Included with the "products -completed employment or performing duties operations hazard". related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. "volunteer workers" while performing duties related to the C. WHO IS AN INSURED conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co - insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph (1)(a) above; b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds, but only with someone else who must pay respect to the conduct of your business. damages because of the injury described in Paragraphs (1)(a) or c. A limited liability company, you are an (b) above; or insured. Your members are also insureds, but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured. Your "executive officers" and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also insureds, but only (2) "Property damage" to property: with respect to their liability as stockholders. (a) Owned, occupied or used by, Page 10 of 24 Form d Packet Pg. 91 BUSINESS LIABILITY COVERAG 8.F.a (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. 'Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Form SS 00 08 04 05 Packet Pg. 92 BUSINESS LIABILITY COVERAGE FORM 8.F.a contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by an endorsement issued by us and made a part of this Coverage Part, including all persons or organizations added as additional insureds under the specific additional insured coverage grants in Section F. — Optional Additional Insured Coverages. (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or a. Vendors (h) "Bodily injury" or "property damage" arising out of the sole Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products -completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form Packet Pg. 93 BUSINESS LIABILITY COVERAG (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any 'occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) In the performance of your ongoing operations performed by you or on your behalf. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) 'Bodily injury" or "property damage" included within the "products - completed operations hazard". f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products - completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: Form SS 00 08 04 05 Packet Pg. 94 BUSINESS LIABILITY COVERAGE FORM 8.F.a (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one 'occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form i Packet Pg. 95 BUSINESS LIABILITY COVERAG 8.F.a If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3. above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other 1. Bankruptcy than for first aid, without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance - the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to it that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to: b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. Form SS 00 08 04 05 Packet Pg. 96 BUSINESS LIABILITY COVERAGE FORM 8.F.a This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Page 16 of 24 Form I Packet Pg. 97 BUSINESS LIABILITY COVERAG (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To _ This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Packet Pg. 98 8.F.a BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s) or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any 'occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured — Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following additional exclusions apply: b. With respect to the insurance afforded to these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any 'occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any 'occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations performed by or on behalf of such premises; or person or organization. (2) Structural alterations, new 6. Additional Insured - State Or Political construction or demolition operations Subdivision — Permits performed by or on behalf of such person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form I Packet Pg. 99 8.F.a BUSINESS LIABILITY COVERAG Insured — State Or Political Subdivision - Permits, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included in the "product -completed operations" hazard. 7. Additional Insured —Vendors a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) (referred to below as vendor) shown in the Declarations as an Additional Insured - Vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". b. The insurance afforded to the vendor is subject to the following additional exclusions: (1) This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured — Controlling Interest WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Controlling Interest, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. Form SS 00 08 04 05 Packet Pg. 100 BUSINESS LIABILITY COVERAGE FORM 8.F.a This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional insured(s); or (5) Newspaper; _ (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: "products -completed operations a. The design, printed material, information hazard". or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property b. An interactive conversation between or damage" or "personal an advertising among persons through a computer network. injury" arising out of the rendering of, or the failure to render, any professional 2• "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi -trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co -Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co - Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form Packet Pg. 101 8.F.a a) LO M M N O 7 N F- LU Y U a IL U O w Y L d R O M N U Q U- r c 0 E t 0 tv r r a Packet Pg. 102 8.G • KENT *A S M IN G T O N DATE: February 21, 2023 TO: Kent City Council SUBJECT: 2023 Recycling Events Goods & Services Agreement with Olympic Environmental Resources, Inc. - Authorize MOTION: Move to authorize the Mayor to sign the Goods & Services Agreement with Olympic Environmental Resources, Inc. in the amount of $157,700 for operating the 2023 residential recycling collection events, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: In 2023, the City will host three large and four mini residential recycling collection events at no charge to attendees. To successfully operate the events, the City uses a consultant with proven experience to staff and contract with various recycling vendors for specialty items that are difficult to recycle. These events, which have been and continue to be funded by grants, have been very successful for the community. In December 2022 and January 2023, staff advertised a Request for Proposals for a recycling event consultant to contract with vendors, provide staffing, and manage event operations for each recycle collection event in 2023. Staff recommends contracting with Olympic Environmental Resources to perform these duties BUDGET IMPACT: This contract is fully grant funded and will be paid for by King County's Waste Reduction & Recycling (WRR) and Hazardous Waste Management Program (HWMP) grants, and the Department of Ecology's Local Solid Waste Financial Assistance (LSWFA) grant. 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. 103 8.G ATTACHMENTS: 1. Agreement (PDF) 02/06/23 RESULT: 7:00 PM MOVER: SECONDER: AYES: Public Works Committee MOTION PASSES MOTION PASSES [UNANIMOUS] Next: 2/21/2023 Satwinder Kaur, Councilmember Marli Larimer, Councilmember Brenda Fincher, Satwinder Kaur, Marli Larimer Packet Pg. 104 8.G.a KENT WISHING-1 GOODS & SERVICES AGREEMENT between the City of Kent and Olympic Environmental Resources, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Olympic Environmental Resources, Inc. organized under the laws of the State of Washington, located and doing business at 4715 SW Walker Street, Seattle, WA 98116, Phone: (206) 938-8262, Contact: Paul Devine (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall assist with the City's 2023 Recycling Events. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. 00 M II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services by November 1, 2023. E III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred a Fifty -Seven Thousand, Seven Hundred Dollars ($157,700.00), including applicable Washington State Sales a Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: E r The Vendor shall be paid after execution of agreement and submittal of invoice for services Q provided. Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) Packet Pg. 105 8.G.a If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor - Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which the Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E m E. The Vendor has registered its business and established an account with the state T Department of Revenue and other state agencies as may be required by the Vendor's a business and has obtained a Unified Business Identifier (UBI) number from the State of Washington. E F. The Vendor maintains a set of books dedicated to the expenses and earnings of its r business. Q V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) Packet Pg. 106 8.G.a performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. FORCE MA7EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. r a VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) Packet Pg. 107 8.G.a At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a r a GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) Packet Pg. 108 8.G.a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub -contract, the Vendor, its sub -contractors, or any person acting on behalf of the Vendor or sub -contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Vendor shall execute the attached City of Kent Non -Discrimination Policy Declaration and comply with City Administrative Policy 1.2. XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the u, Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. a r c XV. MISCELLANEOUS PROVISIONS. t A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its r contractors and consultants to use recycled and recyclable products whenever practicable. A price Q preference may be available for any designated recycled product. B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) Packet Pg. 109 8.G.a and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be Iq subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. a) E m J. City Business License Required. Prior to commencing the tasks described in Section I, aM Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the a Kent City Code. m E R r a GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) Packet Pg. 110 8.G.a K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: By: Print Name: Its DATE: NOTICES TO BE SENT TO: VENDOR: Paul Devine Olympic Environmental Resources, Inc. 4715 SW Walker Street Seattle, WA 98116 (206) 938-8262 (telephone) N/A (facsimile) CITY OF KENT: By: Print Name: Dana Ralph Its DATE: NOTICES TO BE SENT TO: CITY OF KENT: Chad Bieren, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk r a GOODS & SERVICES AGREEMENT - 7 (Over $20,000, including WSST) Packet Pg. 111 8.G.a DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally Assisted Programs Of The Department Of Transportation -Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. The statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. a 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 of 5 Packet Pg. 112 8.G.a A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally - assisted programs of the U.S. Department of Transportation, State -assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, a EEO COMPLIANCE DOCUMENTS - 2 of 5 Packet Pg. 113 8.G.a or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); iii. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Q EEO COMPLIANCE DOCUMENTS - 3 of 5 Packet Pg. 114 8.G.a xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 8. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: r a EEO COMPLIANCE DOCUMENTS - 4 of 5 Packet Pg. 115 8.G.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE SUBJECT: INCLUSIVE CONTRACTING POLICY: October 20, 2022 SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non -Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's o nondiscrimination and equal opportunity requirements shall be considered in breach of contract M and subject to suspension or termination for all or part of the Agreement. a� Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public E Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. a 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these E regulations are familiar with the regulations and the City's equal employment opportunity r policy. Q 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 5 of 5 Packet Pg. 116 EXHIBIT A 8.G.a City of Kent 2023 Recycling Proposal for Recycling Events Prepared by Olympic Environmental Resources Olympic Environmental Resources (OER) specializes in solid waste and recycling services and provides service for many City recycling programs in the Puget Sound area. For many years, OER General Manager Paul Devine coordinated the Kent spring, summer, and fall residential recycling collection events and provided recycling grant administration and reporting. OER has a clear understanding of City of Kent needs, programs and grant administration and reporting functions and has spent years fostering relationships with program subcontractors. These relationships will support seamless management and implementation of Kent programs in 2023. OER has the project staff and vendors in place to carry out immediate management and implementation of Kent recycling events. Residential Recycling Collection Events OER staff has successfully managed fifty (50) recycling collection events in the City of Kent. From 1993 through 2015, these events provided recycling options to 43,690 Kent residents and resulted in the proper recycling of 9,557,679 pounds of material diverted from the Kent waste stream. Qualifications of Project Staff Paul Devine will act as the Project Manager on the Kent Project. Paul is the General Manager/Owner of OER and has managed City of Kent Recycling Events in the past. Paul has extensive experience in solid waste and recycling in both the public and private sectors. As Suburban City Recycling Coordinator, he designed and implemented a comprehensive Solid Waste Management Plan for the City of Normandy Park. Through his work in the recycling industry he has developed good working relationships with area haulers, local recyclers and state and local government officials. Paul has a clear understanding of the City of Kent programs. He has maintained all grant administration functions for all project work and has the vendors and contacts in place to implement programs without interruption. Paul graduated from Whitman College in 1984 and received a Master's of Public Administration from Seattle University in 1990. OER Kent Recycling Proposal 2 January 9, 2023 a Packet Pg. 117 EXHIBIT A Recycling Project Staffing and Management 8.G.a OER shall provide adequately -trained staff for all Kent Recycling Collection Events. OER staff is experienced and familiar with these events and very customer -service oriented. A sufficient number of OER staff shall be present to prevent traffic delays and to address participants' needs and questions. OER will provide each Kent event with the following staff: Project Manager to work with the City of Kent, provide contract management, supervise staff and oversee operations of the entire contract. The Project Manager shall ensure the contract is completed on schedule and within budget. The Project Manager will also work at events as necessary. Paul Devine will act as the Project Manager. Paul has successfully managed Kent Recycling Collection Events in the past. Paul is experienced in all aspects of collection event management and has acted in every working capacity at events. Event Coordinator to supervise staff and oversee operations of the entire event. The Event Coordinator shall ensure that Site Entrance Greeters, Traffic Directors, other Event Staff are supervised throughout the day. Karl Ruediger, Daniel Devine, and Kellin Ramage will work for OER as Event Coordinators. Karl, Daniel, and Kellin have all worked at Kent events in the past on both residential and business events. All Event Coordinators are experienced working with event subcontractors and implementing events. All are experienced and skilled in assisting the event participants and providing information on reducing waste, reusing materials and recycling. Site Entrance Greeters to screen vehicles for proper materials, answer questions about event procedures and direct participants to materials collection stations. Greeters shall distribute educational materials and promotional items as requested by the City. Henry Rance, Zach Montejano, and William Jackson have worked with OER for many years. All are experienced at greeting event participants, directing event traffic, providing educational materials, passing out promotional items and tallying the number of participants that attend the events. All are experienced and skilled at making participants feel welcome to events while giving event directions and relaying important safety information Traffic Staff to direct and control traffic. Ruben Moreno, Joe Grossi, and Immanuel Holder will work as traffic control staff for OER. All are experienced in working events and have worked with OER for a number of years. In addition to OER staff, event subcontractors provide staff to collect other materials such as motor oil, batteries, tires, household goods, scrap metal and electronics. a OER Kent Recycling Proposal 3 January 9, 2023 Packet Pg. 118 EXHIBIT A Recycling -related Projects Completed for Other Agencies Olympic Environmental Resources specializes in solid waste and recycling services, recycling collection event management, environmental education programs and compost bin and rain barrel sale management. OER staff has over thirty years of recycling collection event and recycling project management experience. In 2023- 24, OER staff will implement over one hundred (100) residential recycling collection events, paint recycling events, and compost/worm bin and rain barrel sales. OER has provided event management services for: City of Algona City of Auburn City of Black Diamond City of Burien City of Covington City of Des Moines City of Enumclaw City of Issaquah City of Kent City of Lake Forest Park City of Mercer Island City of Newcastle City of Pacific City of Sammamish King County Solid Waste Division Town of Skykomish Washington Materials Management & Financing Authority Client References Ms. Shellie Bates Program Supervisor City of Covington 16720 SE 271st Street, Suite 100 Covington, WA 98042 (253) 480-2463 Email: sbates@covingtonwa.gov Ms. Cheri James Administrative Assistant II City of Auburn P.O. Box 1300 Auburn, WA 98019 (425) 788-1185 Email: cheri.james@duvallwa.gov Ms. Laura Techico, AICP Principal Planner City of Des Moines 21630 11th Avenue South, Suite D Des Moines, WA 98198-6398 (206) 870-6595 Email: Itechico@desmoineswa.gov OER Kent Recycling Proposal City of Bellevue City of Carnation City of Duvall City of Kenmore City of Maple Valley City of Normandy Park City of Tukwila Q January 9, 2023 Packet Pg. 119 EXHIBIT A 8.G.a City of Kent 2023 Recycling Event Budget Three citywide Recycling Events to be held on March 4, 2023, June 3, 2023, and October 14, 2023. Hours will be9amto3pm. City-wide residential recycling collection events - three Spring Summer Fall Items Cost Items Cost Items Cost Total Refrigerators - unit cost $35 each $3,200.00 Refrigerators $2,700.00 Refrigerators $3,800.00 $9,700.00 Air Conditioners - unit cost $35 each $1,680.00 Air Conditioners $1,300.00 Air Conditioners $3,200.00 $6,180.00 Water Heaters - unit cost $5 each $150.00 Water Heaters $80.00 Water Heaters $90.00 $320.00 Mini Propane Tanks - unit cost $1 each $220.00 Mini Propane Tanks $200.00 Mini Propane Tanks $100.00 $520.00 5-Gallon Propane Tanks - unit cost $5 ea $295.00 5-Gallon Propane Tani, $400.00 5-Gallon Propane Tar $200.00 $895.00 Toilets & Sinks - unit cost $15 each $1,155.00 Toilets & Sinks $1,300.00 Toilets & Sinks $1,000.00 $3,455.00 Mattresses - unit cost $30 each $8,995.00 Mattresses $6,510.00 Mattresses $7,000.00 $229505.00 Collection Services Tires $3,000.00 Tires Not Acce ted Tires $3,500.00 $6,500.00 Scrap Metal/Electronics $3,500.00 Scrap Metal/Electronic $3,500.00 Scrap Metal/Electrons $3,500.00 $10,500.00 Cardboard $400.00 Cardboard $400.00 Cardboard $400.00 $1,200.00 Styrofoam $1,300.00 Styrofoam $1,300.00 Styrofoam $1,300.00 $37900.00 Bulky Wood $1,500.00 Bulky Wood $1,500.00 Bulky Wood Not Acce to $37000.00 Concrete Not Acce to Concrete $4,500.00 Concrete $6,000.00 $107500.00 Paper Shredding $600.00 Paper Shredding $600.00 Paper Shredding $600.00 $1,800.00 Batteries $2,000.00 Batteries Not Accepted Batteries $2,000.00 $4,000.00 Textiles $0.00 Textiles $0.00 Textiles $0.00 $0.00 Paint Not Accepted Paint Not Accepted Paint $0.00 $0.00- Management Services Event Staff $4,500.00 Event Staff $4,500.00 Event Staff $4,500.00 $137500.00 Event Management $8,800.00 Event Management $8,800.00 Event Management $8,800.00 $267400.00 Other Rentals $200.00 Rentals $200.00 Rentals $200.00 $600.00 Supplies $350.00 Supplies $350.00 Supplies $350.00 $1,050.00 Mileage $150.00 Mileage $175.00 Mileage $150.00 $475.00 Contingecy fee for unexpected cost $2,000.00 $2,000.00 $2,000.00 $6,000.00 Subtotal $439995.00 Subtotal $40,315.00 Subtotal $487690.00 TOTAL I I 1 1 $133,000.90 Four mini Recycling Events to be held on Fridays in the Spring and Summer. Hours will be 9 am to noon or 1 pm to 4 pm. City Mini recycling collection events - four Items Cost Per Event Total for four Events Collection Services Scrap Metal/Electronics $500.00 $2,000.00 Paper Shredding $600.00 $2,400.00 Textiles $0.00 $0.00 Paint $0.00 $0.00 Management Services Event Staff $1,200.00 $4,800.00 Event Management $2,900.00 $11,600.00 Other Rentals $200.00 $800.00 Supplies $125.00 $500.00 Mileage $150.00 $600.00 Contingecy fee for unexpected cost increases $500.00 $2,000.00 Subtotal $6,175.00 TOTAL $24,700.00 TOTAL BUDGET: $157,700.00 OER Kent Recycling Proposal 5 January 9, 2023 r a Packet Pg. 120 EXHIBIT A Hourly Rates for Event Management and Staff 8.G.a Project Manager $80.00 Recycling Specialist $65.00 Recycling Event Staff $65.00 City of Kent 2023 Recycling Proposal: Work Samples Recycling Collection Events OER managed: spring, summer, fall (see flyers these projects attached) OER Kent Recycling Proposal January 9, 2023 r a Packet Pg. 121 8.G.a EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: aD 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products -completed operations a aggregate limit. a� C. Other Insurance Provisions w The insurance policies are to contain, or be endorsed to contain, the following Q provisions for Commercial General Liability insurance: The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. Packet Pg. 122 8.G.a EXHIBIT B (Continued) 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. r a Packet Pg. 123 8.H • KENT *A S M IN G T O N DATE: February 21, 2023 TO: Kent City Council SUBJECT: Speed Limit Changes - Adopt MOTION: I move to repeal Resolution No. 2049 and adopt Resolution No. 2056, updating the reasonable and safe maximum speed limits on certain designated streets, as posted by official traffic control devices, pursuant to Chapter 9.40 of the Kent City Code. SUMMARY: This Resolution updates the maximum speed limits, currently established in Resolution 2049, under the authority of the City Traffic Engineer established in chapter 9.36 of the Kent City Code. This chapter of the City code adopts the Model Traffic Ordinance found in chapter 308-330 of the Washington Administrative Code. Specifically, maximum safe speed limits were updated in several locations after recent engineering and traffic investigation. Changes to the speed limits on state routes must also be approved by the Washington State Department of Transportation (WSDOT). The following changes are proposed in this Resolution: Lake Fenwick Road (Reith Rd to S 272 St) - Reduce from 35 to 30 mph. Pacific Hwy S/SR 99 (SR 516 to S 272 St) - Reduce from 45 to 40 mph. SE 260 St - 108 Ave SE (97 PI S to SR 516) - Reduce from 35 to 30 mph. • SE 264 St (104 Ave SE to 108 Ave SE) - Reduce from 35 to 25 mph. BUDGET IMPACT: None. All changes to signage handled within existing budget. SUPPORTS STRATEGIC PLAN GOAL: 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. 124 8.H ATTACHMENTS: 1. Speed Limit Resolution (PDF) 02/06/23 Public Works Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 2/21/2023 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer Packet Pg. 125 8.H.a RESOLUTION NO. 2056 A RESOLUTION of the City Council of the City of Kent, Washington, repealing Resolution No. 2049 and adopting updated reasonable and safe maximum speed limits on certain designated streets, as posted by official traffic control devices, pursuant to Chapter 9.40 of the Kent City Code. RECITALS A. Chapters 9.36 and 9.40 of the Kent City Code (KCC) adopt by reference the Washington Model Traffic Ordinance set forth in Chapter 308- 330 Washington Administrative Code (WAC). B. The Washington Model Traffic Ordinance and RCW 46.61.415 set forth the procedure for local authorities to determine and declare the maximum speed limits on city arterials, streets, and other rights -of -way, based on an engineering and traffic investigation by the traffic engineer. Following this engineering and traffic investigation, the City may establish limits on certain designated streets by resolution. C. Previously, Resolution No. 2049 established the maximum speed limits on certain designated streets in the City. Now, as a result of a subsequent engineering and traffic investigation, the City Council desires to update and amend the list of speed limits set forth in Resolution No. 2049. 1 Resolution - Vehicular Speed Limits Packet Pg. 126 8.H.a D. Accordingly, this resolution repeals Resolution No. 2049 and makes the following updates. The maximum speed limits were reduced in several locations due to recent engineering studies and traffic investigations, and changes in surrounding land -use context, including consultation with the Washington State Department of Transportation on state routes where applicable. Additionally, one section of roadway was removed from the list of speed limits because the speed was reduced to the default speed limit of 25 miles per hour (mph). Streets within the City of Kent that are not listed in this Resolution default to 25 mph per RCW 46.61.400(2)(a). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Repealer. Resolution No. 2049 relating to vehicular speed limits is hereby repealed in its entirety. SECTION 2. - Adopt. The City Council hereby adopts the Reasonable and Safe Maximum Speed Limits on Certain Streets, Highways, or other Rights -of -Way attached as Exhibit A. SECTION 3. - Duties of City traffic engineer. The City traffic engineer is authorized to take whatever steps are necessary to comply with all statutory directives regarding approval of these speed limits by the State, where applicable; including posting official traffic control devices and regulating the timing of traffic signals, as set forth in the Washington Model Traffic Ordinance in Chapter 308-330 WAC, adopted by reference pursuant to Sections 9.36.010 and 9.40.010 of the Kent City Code. 2 Resolution - Vehicular Speed Limits Q Packet Pg. 127 8.H.a SECTION 4, - Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 5. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. - Corrections by City Clerk. Upon approval of the City Attorney, the City Clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 7. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TAMMY WHITE, CITY ATTORNEY 3 February 21, 2023 Date Approved February 21, 2023 Date Adopted Resolution - Vehicular Speed Limits a� a� c U E J a� a U) v v M 0 r 0 0 a� E J (D a� a U) r c a� E r Q Packet Pg. 128 8.H.a EXHIBIT A Reasonable and Safe Maximum Speed Limits on Certain Streets, Highways or other Rights -of -Way within the City of Kent. It is determined, on the basis of engineering and traffic investigations, that the speed permitted by state law upon the following streets or portion thereof is less than, or in some cases, more than, is reasonable and safe for the operation of vehicles under the conditions found to exist on that street or portion thereof. It is hereby declared that the speed limits on such streets shall be as set forth on the streets or portions of the streets listed, at all times, unless otherwise specified, after official traffic control devices have been posted to give notice thereof; provided, that in no case shall the speed limit on City streets be lower than twenty (20) miles per hour (mph) or exceed sixty (60) miles per hour (mph). Name of street or portions affected 1. 4th Avenue North from the intersection of South 228th Street to the overpass for SR 167 2. 41h Avenue North/4th Avenue South from the overpass for SR 167 to the intersection of Willis Street (SR 516) 3. 42nd Avenue South from the intersection of South 212th Street to the intersection of South 216th Street 4. 64th Avenue South from the intersection of South 212th Street to the intersection of West Meeker Street 5. 72nd Avenue South/70th Avenue South from the north city limits at the intersection of South 180th Street to the intersection of South 228th Street 1 Speed limit 35 mph 30 mph 35 mph 35 mph 35 mph Exhibit A - Vehicular Speed Limits Packet Pg. 129 8.H.a 6. 72nd Avenue South from the intersection of 35 mph South 262nd Street to the intersection of South 277th Street 7. 74' Avenue South from the intersection of 35 mph Kent -Des Moines Rd (SR 516) to the intersection of South 259th Street 8. 76th Avenue South from the intersection of 35 mph South 212th Street to the intersection of South 228th Street 9 77th Avenue South from the intersection of 35 mph South 212th Street to the north end of the road 10. 80th Avenue South from the north city limits 35 mph at the intersection of South 180th Street to the intersection of South 196th Street 11. 80th Place South from the intersection of 80th 35 mph Avenue South to the intersection of 84th Avenue South (190th Street) 12. 84th Avenue South/East Valley Highway from 40 mph the north city limits at the intersection of South 180th Street to the intersection of the SR 167 southbound ramps 13. 97th Place South from the intersection of 30 mph Canyon Drive (SR 516) to the intersection of 100th Place Southeast 14. 1015t Avenue Southeast from the intersection 30 mph of Southeast 256th Street (SR 516) to the intersection of Southeast 260th Street 15. 104th Avenue Southeast/Benson Road 40 mph Southeast/108th Avenue Southeast (SR 515) from the north city limits at the intersection of Southeast 192nd Street to a point 300 feet north of the intersection of Southeast 235th Street 2 Exhibit A - Vehicular Speed Limits Packet Pg. 130 8.H.a 16. 104th Avenue Southeast (SR 515) from a point 35 mph 300 feet north of the intersection of Southeast 235th Street to the intersection of Southeast 256th Street (SR 516) 17. 104th Avenue Southeast from the intersection 35 mph of Southeast 256th Street (SR 516) to the intersection of Southeast 272nd Street 18. 108th Avenue Southeast from the intersection 35 mph of Southeast 260th Street to the south city limits at Southeast 280th Street 19. 114th Avenue Southeast from the intersection 35 mph of Southeast Kent-Kangley Road (SR 516) to the intersection of Southeast 2691h Street 20. 116th Avenue Southeast from the intersection 35 mph of Southeast 208th Street to the intersection of Southeast Kent-Kangley Road (SR 516) 21. 116th Avenue Southeast/Southeast 274th 40 mph Street from the intersection of Southeast Kent-Kangley Road (SR 516) to the overpass for 108th Avenue Southeast 22. 1201h Avenue Southeast from the intersection 35 mph of Southeast 240th Street to the intersection of Southeast 248th Street 23. 124th Avenue Southeast from the intersection 35 mph of Southeast 192nd Street to the intersection of Southeast 208th Street 24. 124th Avenue Southeast from the intersection 35 mph of Southeast 248th Street to the south city limits at Southeast 282nd Street 25. 132nd Avenue Southeast from the intersection 35 mph of Southeast Lake Youngs Way to the south city limits at Southeast 288th Street 3 Exhibit A - Vehicular Speed Limits Packet Pg. 131 8.H.a 26. 144th Avenue Southeast from the intersection 35 mph of Southeast Kent-Kangley Road (SR 516) to the south city limits at Southeast 288th Street 27. 148th Avenue Southeast from the intersection 35 mph of Southeast 240th Street to the intersection of Southeast 256th Street 28. 152nd Avenue Southeast from the inter- 35 mph section of Southeast Kent-Kangley Road (SR 516) to the south city limits at Southeast 282nd Place 29. Canyon Drive (SR 516) from the intersection 40 mph of Hazel Avenue North to the intersection of 100th Place Southeast 30. Central Avenue North/84th Avenue South from 35 mph the intersection of the SR 167 southbound ramps to the intersection of East James Street 31. Central Avenue North from the intersection of 30 mph East James Street to the intersection of East Smith Street (SR 516) 32. Central Avenue North/Central Avenue South 30 mph (SR 516) from the intersection of East Smith Street (SR 516) to the intersection of East Willis Street (SR 516) 33. Central Avenue South from the intersection of 40 mph East Willis Street (SR 516) to the south city limits at the Green River Bridge 34. East Smith Street (SR 516) from the 30 mph intersection of Central Avenue North (SR 516) to the intersection of Hazel Avenue North 35. Green River Road from the north city limits 35 mph about 460 feet North of the Green River (Don Wickstrom) Bridge to the South city limits about 1,200 feet south of the same bridge 0 Exhibit A - Vehicular Speed Limits Packet Pg. 132 8.H.a 36. James Street/Southeast 2401" Street from 35 mph the intersection of Russell Road to the intersection of 116t" Avenue Southeast 37. Lake Fenwick Road from the intersection of 30 mph Reith Road to the intersection of South 272nd Street 38. Maple Street from Reiten Road to Tilden 30 mph Avenue 39. Military Road South from the north city limits 35 mph at South 2291" Place to the intersection of South 2501" Street N c 40. Military Road South from the intersection of 40 mph L) South 250t" Street to the south city limits at South 272nd Street as 41. Pacific Highway South (SR 99) from the north 40 mph city limits at South Kent -Des Moines Road (SR 516) to the south city limits at South 272nd Street c 0 42. Reiten Road from East Titus Street to Maple 30 mph Street c a� 43. Reith Road/South 259t" Place/South 260t" 35 mph Street from the intersection of Pacific Highway South (SR 99) to the intersection of South Kent -Des Moines Road (SR 516) a 44. Riverview Boulevard South from the 35 mph r a intersection of South 216t" Street to the intersection of the eastbound Veterans Drive ramp Q 45. South 190t" Street from the intersection of 35 mph 62nd Avenue South to the intersection of 72nd Avenue South 46. South 194t" Street/58t" Place South from the 35 mph intersection of 66t" Avenue South to the intersection of Russell Road 5 Exhibit A - Vehicular Speed Limits Packet Pg. 133 8.H.a 47. South 196th Street/Russell Road/South 200th 35 mph Street from the west city limits at the Green River Bridge to the intersection of 84th Avenue South 48. South 208th Street from the intersection of 35 mph 84th Avenue South to the intersection of 92nd Avenue South 49. South 212th Street/Orillia Road South/South 40 mph 212th Way/South 208th Street/Southeast 208th Street from the west city limits about 1,100 feet west of 42nd Avenue South to the intersection of 132nd Avenue Southeast 50. South 216th Street from the intersection of 35 mph 64th Avenue South to the intersection of 72nd Avenue South 51. South 220th Street from the intersection of 35 mph West Valley Highway/68th Avenue South (SR 181) to the intersection of 72nd Avenue South 52. South 224th Street/88th Way South from the 30 mph intersection of 84th Avenue South to South 218th Street 53. South 228th Street from the intersection of 35 mph 54th Avenue South to the intersection of West Valley Highway/68th Avenue South (SR 181) 54. South 228th Street/83rd Avenue South/South 30 mph 224th Street from the intersection of West Valley Highway/68th Avenue South (SR 181) to the intersection of 84th Avenue South 55. South 240th Street from the west city limits at 35 mph 27th Avenue South to the intersection of Pacific Highway South (SR 99) 56. South 248th Street/Southeast 248th Street 35 mph from the intersection of 94th Avenue South to the intersection of 132nd Avenue Southeast C.1 Exhibit A - Vehicular Speed Limits Packet Pg. 134 8.H.a 57. South 272nd Street from the west city limits at 35 mph Pacific Highway South (SR 99) to the city limits 140 feet west of the intersection of 31s' Avenue South 58. South Kent -Des Moines Road (SR 516) 35 mph eastbound from the west city limits about 50 feet west of the intersection of 27th Avenue South to the intersection of 301h Avenue South 59. South Kent -Des Moines Road (SR 516) from 40 mph the Union Pacific Railroad Tracks about 250 feet east of the intersection of 74' Avenue South to the intersection of 4th Avenue South 60. Southeast 192nd Street from 108th Avenue 40 mph Southeast (SR 515) to the east city limits at 124th Avenue Southeast 61. Southeast 196th Street from 108th Avenue 35 mph Southeast (SR 515) to the intersection of 124th Avenue Southeast 62. Southeast 208th Street from 132nd Avenue 35 mph Southeast to east city limits about 580 feet east of 135th Avenue Southeast 63. Southeast 240th Street from the intersection 40 mph of 116th Avenue Southeast to the intersection of 137th Avenue Southeast 64. Southeast 240th Street from the intersection 35 mph of 137th Avenue Southeast to the east city limits at the intersection of 148th Avenue Southeast 65. Southeast 256th Street (SR 516) from the 35 mph intersection of 100th Place Southeast to the intersection of Southeast Kent-Kangley Road (SR 516) 7 Exhibit A - Vehicular Speed Limits Packet Pg. 135 8.H.a 66. Southeast 256th Street from the intersection 35 mph of Southeast Kent-Kangley Road (SR 516) to the east city limits at the intersection of 148th Avenue Southeast 67. Southeast 2601h Street/108th Avenue 30 mph Southeast from the intersection of 97th Place South to the intersection of Southeast Kent- Kangley Road (SR 516) 68. Southeast 267th Street from the intersection 30 mph of Woodland Way to the intersection of 104th Avenue Southeast 69. Southeast 277th Street from the west city 50 mph limits about 700 feet west of the Green River Bridge to the overpass for 108th Avenue Southeast 70. Southeast Kent-Kangley Road (SR 516) from 35 mph the intersection of Southeast 256th Street to the intersection of 116th Avenue Southeast 71. Southeast Kent-Kangley Road/Southeast 45 mph 272nd Street (SR 516) from the intersection of 116th Avenue Southeast to the east city limits about 45 feet West of the intersection of 160th Avenue Southeast 72. Southeast Kent-Kangley Road from the west 45 mph city limits about 27 feet east of the intersection of Southeast Summit Landsburg Road to the east city limits about 670 feet West of 262nd Avenue Southeast 73. Southeast Lake Youngs Way from the 35 mph northeast city limits about 400 feet Southwest of Soos Creek to 132nd Avenue Southeast H: Exhibit A - Vehicular Speed Limits Packet Pg. 136 8.H.a 74. Southeast Summit-Landsburg Road from the 35 mph west city limits about 555 feet North of the intersection of Southeast Kent-Kangley Road to the northwest city limits about 835 feet Southwest of the intersection of Southeast 262nd Street 75. Veterans Drive/South 228t" Street from the 40 mph intersection of Military Road South to the intersection of 54t" Avenue South 76. West Meeker Street from South Kent -Des 30 mph Moines Road (SR 516) to the intersection of 6t" Avenue 77. West Smith Street/East Smith Street from the 30 mph intersection of Lincoln Avenue North to the intersection of Central Avenue North (SR 516) 78. West Valley Highway/68t" Avenue South (SR 50 mph 181) from the north city limits at South 180tn Street to 830 feet North of the intersection of South 238t" Street/Oberto Drive 79. West Valley Highway/Washington Avenue 35 mph North/Washington Avenue South (SR 181) from the intersection of South 238t" Street/ Oberto Drive to the intersection of South Kent -Des Moines Road (SR 516) 80. West Valley Highway/Washington Avenue 35 mph South from the intersection of South Kent -Des Moines Road (SR 516) to the intersection of Frager Road 81. West Valley Highway from the intersection of 40 mph Frager Road to a point 180 feet north of the intersection of South 262nd Street 82. West Valley Highway from a point 180 feet 50 mph north of the intersection of South 262nd Street to the intersection of South 277t" Street 07 Exhibit A - Vehicular Speed Limits Packet Pg. 137 8.H.a 83. Willis Street/West Willis Street/East Willis 30 mph Street (SR 516) from the intersection of 4tn Avenue South to the intersection of Central Avenue South (SR 516) 84. Woodland Way South from Tilden Avenue to 30 mph the intersection of Southeast 267t" Street 10 Exhibit A - Vehicular Speed Limits Packet Pg. 138 8.1 • KENT *A S M IN G T O N DATE: February 21, 2023 TO: Kent City Council SUBJECT: Washington State Salmon Recovery Funding Board Grant Application - Authorize MOTION: Move to adopt Resolution No. 2057, authorizing the submission of an application for grant funding from the Washington State Salmon Recovery Funding Board, in the amount of $255,319, for the Boeing Levee Setback Habitat Rehabilitation Project. SUMMARY: The Washington State Salmon Recovery Funding Board grant program provides funding to local jurisdictions to protect and restore salmon habitat through projects like the Boeing Levee Setback Habitat Rehabilitation Project, identified as Project LG-10 in the 2021 Salmon Habitat Plan Update. If the City is selected, grant funds would be used to conduct a feasibility study for the construction of the Boeing Levee Setback Habitat project. The feasibility study would include preliminary environmental studies, development of preliminary alternatives which will balance uses and functions of this stretch of river. The uses include, but are not limited to, habitat, recreation, flood protection and social equity. This project will benefit salmon by improving habitat in the Lower Green River, while also balancing habitat, flood protection, and recreation on the site. The Boeing Levee is located along the right (east) bank of the Green River between S 200th St. and S 212th St; it is approximately 0.8 miles in length and 200 feet in width. It is located immediately downstream from the Lower Russell Levee Habitat Improvements, which are already providing benefit to salmon in the Lower Green. The biggest limiting factor for salmonid productivity and population growth in the Green River is a lack of suitable habitat for fry. The lack of habitat pushes fry to migrate to the Puget Sound prior to obtaining adequate growth, dramatically reducing the chance of survival. The project will also improve floodplain storage. This grant program requires the City to pass a resolution authorizing the submission of the application for funding. Packet Pg. 139 8.1 BUDGET IMPACT: To be determined based on potential grant award. Grant matching funds would come from the Drainage Utility Fund. Any grant award would be presented to the Public Works Committee and City Council for action. 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. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. BoeingLevee-Application Resolution+Authorization (PDF) 02/06/23 Public Works Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 2/21/2023 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer Packet Pg. 140 RESOLUTION NO. 2057 A RESOLUTION of the City Council of the City of Kent, Washington, that: (1) authorizes the submission of applications for grant funding E assistance through the Recreation and Conservation M Office as provided for in Chapter 77.85 of the a� Revised Code of Washington, and Chapter 420 of the Washington Administrative Code and other N c applicable authorities; and (2) identifies the Public Works Director and/or Mayor as the City's c authorized representatives for purposes of securing y the grant and binding the City to the grant's terms and conditions. M RECITALS A. The City of Kent is working on the Boeing Levee Setback Habitat Rehabilitation Project, PRISM Number 23-1052. B. The City of Kent considers it in the best public interest to complete the projects described in the applications and to seek grant assistance through the Washington Recreation and Conservation Office to aid in financing the cost of those projects. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Recreation & Conservation Office Grants 23-1052 Boeing Levee Setback Habitat Project Packet Pg. 141 RESOLUTION SECTION 1. - Intent to Apply. The City has applied for or intends to apply for funding assistance managed by the Washington Recreation and Conservation Office ("Office") for the Boeing Levee Setback Habitat Rehabilitation Project, PRISM Number 23-1052 ("Project"). SECTION 2. - Authorized Representatives. The City authorizes the following person or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding the City on the above projects: Grant .. Grant application (submission thereof) Project contact (day-to-day administering of the grant and communicating with the RCO) Office Grant Agreement (Agreement) Agreement amendments Authorizing property and real estate documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county. Rowena Valencia-Gica, Environmental Supervisor Rowena Valencia-Gica, Environmental 5 Supervisor Dana Ralph, Mayor Dana Ralph, Mayor o Dana Ralph, Mayor The above persons are considered an "authorized representative(s)/agent(s)" for purposes of the documents indicated. The City shall comply with a request from the Office to provide documentation of persons who may be authorized to execute documents related to the grant. SECTION 3. - Grant Agreement. The City has reviewed the sample Grant Agreement on the Office's WEB SITE at: https://rco.wa.gov/wp- content/uploads/2019/06/SampleProjAgreement.pdf. The City understands and acknowledges that if offered an agreement to sign in the future, it will 2 Recreation & Conservation Office Grants 23-1052 Boeing Levee Setback Habitat Project Packet Pg. 142 contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if the representative/agent enters into an Agreement on the City's behalf. The Office reserves the right to revise the Agreement prior to execution. SECTION 4. - Legal Authority. The City acknowledges and warrants, after conferring with its legal counsel, that its authorized representative (s)/agent(s) identified above have full legal authority to act and sign on behalf of the City for their assigned role/document. SECTION 5. - Contingent Funding. Grant assistance is contingent on a signed agreement. Entering into any agreement with the Office is purely voluntary on the City's part. SECTION 6. - Varying Policies and Reguirements. The City understands that grant policies and requirements vary depending on the c grant program applied to, the grant program and source of funding in the ° agreement, the characteristics of the project, and the characteristics of the o M City. SECTION 7. - Revisions to Agreement. The City further understands that prior to the City's authorized representative(s)/agent(s) executing any of the documents listed above, the Office may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. The City accepts the legal obligation that the City shall, prior to execution of the Agreement(s), confer with the City's authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. The City also acknowledges and accepts that if the City's authorized representative(s)/agent(s) executes 3 Recreation & Conservation Office Grants 23-1052 Boeing Levee Setback Habitat Project Packet Pg. 143 the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with the City's authorization. SECTION S. - Allowable Costs. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. SECTION 9. - Matching Funds Availability. If match is required for the grant, the City understands it must certify the availability of match at least one month before funding approval. In addition, The City understands it is responsible for supporting all non -cash matching share commitments to these projects should they not materialize. SECTION 10. - Reimbursement Basis. The City acknowledges that if it receives grant funds managed by the Office, the Office will pay the City on only a reimbursement basis. The City understands reimbursement basis 1* means that the City will only request payment from the Office after the City c incurs grant eligible and allowable costs and pays them. The Office may also N determine an amount of retainage and hold that amount until all project o deliverables, grant reports, or other responsibilities are complete. SECTION 11. -Property Dedication for Development, Renovation Enhancement, and Restoration Projects. The City acknowledges that any property owned by the City that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the Agreement or an amendment thereto. SECTION 12. - Conflicts. The City certifies the following: The Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. 4 Recreation & Conservation Office Grants 23-1052 Boeing Levee Setback Habitat Project Packet Pg. 144 SECTION 13. - Resolution a Part of Application. This resolution is deemed to be part of the formal grant application to the Office. SECTION 14. - Certification. The City warrants and certifies that this resolution was properly and lawfully adopted following the requirements of the City and applicable laws and policies, and that the City has full legal authority to commit itself to the warranties, certifications, promises and obligations set forth herein. SECTION 15. - Effective Date and Approval. This resolution will take effect immediately and is signed and approved by the Mayor through a majority vote of the City Council for the City of Kent. A copy of this resolution is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TAM MY WHITE, CITY ATTORNEY February 21, 2023 Date Approved February 21, 2023 Date Adopted 5 Recreation & Conservation Office Grants 23-1052 Boeing Levee Setback Habitat Project Packet Pg. 145 This agreement template is used by the Recreation and Conservation Office (RCO) for the management of the grant and other programs it administers. This example is provided for review by applicants' and their counsel as they seek grant funding managed by RCO. This grant agreement will contain changes at issuance based on the specifics of each funded project. For instance, changes will occur based on the applicant, funding program, fund source, project type, rule or law changes, and other factors. Applicants that receive funding from RCO are encouraged to thoroughly review their customized grant agreement prior to final signature. RCO reserves the right to make updates to this template. RCO GRANT AGREEMENT Project Name: Project Number: Issuance Date: A. PARTIES OF THE GRANT AGREEMENT. 1. This Recreation and Conservation Office Grant Agreement (Agreement) is entered into between the State of Washington (FundingAgencyj Recreation and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and (PrimarySponsorNameAddress) M {SecondarySponsorNameAddress), and shall be binding on the agents and all persons acting by r- or through the parties. 2. The Sponsor's Data Universal Numbering System (DUNS) Number is (DUNNSNumber). 3. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. 4. Prior to and During the Period of Performance, Per the Applicant Resolution/Authorizations submitted by all sponsors (and on file with the RCO), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project, including but not limited to, full authority to: (1) sign a grant application for grant assistance, (2) enter into this project agreement on behalf of the Sponsor(s) including indemnification, as provided therein, (3) enter any amendments thereto on behalf of Sponsor(s), and (4) make any decisions and submissions required with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. a. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant Page 1 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 146 Resolution/Authorization signed by its governing body. Unless a new Applicant Resolution/Authorization has been provided, the RCO shall proceed on the basis that the person who is listed as the Authorized Representative in the last Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement (including any amendments thereto) and decisions related to implementation of the Agreement. b. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally bind the Sponsor as described in the above Sections A and J. 5. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section). B. PURPOSE OF AGREEMENT. This Agreement sets out the terms and conditions by which a grant is made from the {AccountName) of the State of Washington. The grant is administered by the RCO. C. DESCRIPTION OF PROJECT.��" {ProjectDescription) M D. PERIOD OF PERFORMANCE. 1. The period of performance begins on {StartDate) (project start date) and ends on {EndDate) (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO manuals as of the effective date of this Agreement. 2. The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the project end date. E. STANDARD TERMS AND CONDITIONS INCORPORATED. The RCO Standard Terms and Conditions of the Agreement are hereby incorporated by reference as part of this Agreement. F. LONG-TERM OBLIGATIONS. (This is a custom section based on project, program, and sponsor type. See attached spreadsheet of those that may apply.) G. PROJECT FUNDING. Page 2 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 147 The total grant award provided for this project shall not exceed (RCOAmount}. The RCO shall not pay any amount beyond that approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated below: {FundingTable} H. FEDERAL FUND INFORMATION. (This section only appears if there is federal funding nexus) {FederalFundinglnfo} This funding is not research and development (R&D). If the Sponsor's total federal expenditures are $7S0,000 or more during the Sponsor's fiscal -year, the Sponsor is required to have a federal single audit conducted for that year in compliance with 2 C.F.R. Part 200, Sub Part F—Audit Requirements, Section 500 (2013). The Sponsor must provide a copy of the final audit report to RCO within nine months of the end of the Sponsor's fiscal year, unless a longer period is agreed to in advance by the federal agency identified in this section. Sponsor shall comply with the federal "Omni -circular" (2 C.F.R. Part 200). RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit; further the RCO reserves the right to suspend any and all RCO Agreement(s) with the Sponsor if such�� noncompliance is not promptly cured. M I. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS. All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents is irreconcilably in conflict with this Agreement, it shall not be used to vary the terms of the Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. This "Agreement" as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. The following Exhibits are attached as part of this Agreement: (This is a custom section listing things like "Expanded Scope of Work," "Milestones," and "Eligible Scope Items,"which become part of this agreement.) If an exhibit is referenced in this Agreement as an exhibit or attached to this Agreement, regardless whether it is on this list, it shall still be considered part of this Agreement. J. AMENDMENTS TO AGREEMENT. 1. Except as provided herein, no amendment (including without limitation, deletions) of this Agreement will be effective unless set forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need only be signed by Page 3 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 148 RCO's director or designee and consented to in writing (including email) by the Sponsor's Authorized Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement (who may be a person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or minor scope adjustments. 2. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so. 3. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO manuals or on the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term. K. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES. 1. This Agreement is governed by, and the sponsor shall comply with, all applicable state and 1* federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any M applicable federal program and accounting rules effective as of the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless otherwise expressly stated in the amendment. 2. For the purpose of this Agreement, (WAC...) shall apply as terms of this Agreement. 3. For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this Agreement: (CustomApplicableManuals} Provided, where a manual refers to a funding board's responsibility and/or authority but the funding board is not involved with the grant or successor to an entity that was involved, the RCO director shall have that responsibility and/or authority if such responsibilities and/or authority falls within the RCO's statutory responsibilities and/or authority or within a lawful delegation by the board to the RCO. L. SPECIAL CONDITIONS. (CustomSpecialConditionsAsMayApply} M. AGREEMENT CONTACTS. The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or the email address listed below: Page 4 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 149 {CustomProjectCon tacts} These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized Representative/Agent, who may or may not be the Project Contact for purposes of notices and communications. N. ENTIRE AGREEMENT. This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. O. EFFECTIVE DATE. 1. Unless otherwise provided for in this Agreement, this Agreement, for project {ProjectNumber}, shall not be effective and binding until the date signed by both the sponsor and the RCO's authorized representative, whichever is later (Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO. 2. The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as % set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT. The signators listed below represent and warrant their authority to bind the M parties to this Agreement. Signatures: Sponsor/Date Recreation and Conservation Office/Date Page 5 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 150 Standard Terms and Conditions of the RCO Grant Agreement Table of Contents 1. CITATIONS, HEADINGS AND DEFINITIONS............................................................................................8 2. PERFORMANCE BY THE SPONSOR......................................................................................................13 ,L^ V L 3. ASSIGNMENT......................................................................................................................................14 0 m 4. RESPONSIBILITY FOR PROJECT............................................................................................................14 �a 5. INDEMNIFICATION ..............................................................................................................................14 a_ 6. INDEPENDENT CAPACITY OF THE SPONSOR.......................................................................................16 L a� 7. CONFLICT OF INTEREST.......................................................................................................................16 0 8. COMPLIANCE WITH APPLICABLE LAW................................................................................................16 a� c 9. ARCHAEOLOGICAL AND CULTURAL RESOURCES RESPONSIBILITIES...................................................18 ° E 10. RECORDS.............................................................................................................................................23 m a� 11. PROJECT FUNDING. 24 Cu 12. PROJECT REIMBURSEMENTS. 25 r a� 13. ADVANCE PAYMENTS.........................................................................................................................27 c t 14. RECOVERY OF PAYMENTS...................................................................................................................27 15. COVENANT AGAINST CONTINGENT FEES...........................................................................................27 16. INCOME (AND FEES) AND USE OF INCOME........................................................................................27 .�M. 17. PROCUREMENT REQUIREMENTS........................................................................................................28 0 18. TREATMENT OF EQUIPMENT AND ASSETS.........................................................................................29 N L 0 19. RIGHT OF INSPECTION........................................................................................................................30 r 3 20. STEWARDSHIP AND MONITORING.....................................................................................................30 Q c 21. PREFERENCES FOR RESIDENTS............................................................................................................30 0 22. ACKNOWLEDGMENT AND SIGNS........................................................................................................30 ° m 23. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION c PROJECTS............................................................................................................................................31 24. PROVISIONS APPLYING TO ACQUISITION PROJECTS..........................................................................32 .2 Q. 25. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS.........................................................34 Q a� 26. CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS ............................35 m J 27. RECORDED NOTICE OF GRANT............................................................................................................36 c 28. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS..................................36 m 29. PROVISIONS FOR FEDERAL SUBAWARDS............................................................................................36 a� 30. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS.....................................................................39 E 31. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS....................................39 Cu Q Page 6 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 151 32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS............................................40 33. PROVISIONS FOR FARMLAND AND FORESTLAND PRESERVATION PROJECTS....................................41 34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS.................................................41 35. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS................................41 36. ORDER OF PRECEDENCE.....................................................................................................................46 37. LIMITATION OF AUTHORITY................................................................................................................47 38. WAIVER OF DEFAULT..........................................................................................................................47 39. APPLICATION REPRESENTATIONS— MISREPRESENTATIONS OR INACCURACY OR BREACH..............47 40. SPECIFIC PERFORMANCE....................................................................................................................47 41. TERMINATION AND SUSPENSION.......................................................................................................47 42. DISPUTE HEARING...............................................................................................................................49 43. ATTORNEYS' FEES................................................................................................................................50 44. GOVERNING LAW/VENUE...................................................................................................................50 45. SEVERABILITY......................................................................................................................................50 46. END OF AGREEMENT..........................................................................................................................50 Page 7 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 152 STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT Last Updated: February 12, 2020 1. CITATIONS, HEADINGS AND DEFINITIONS. A) Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the effective date of any amendment thereto. B) Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C) Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: acquisition project — A project that purchases or receives a donation of a right to or in real property including, but not limited to, fee simple land acquisition, conservation easement, access/trail/recreational easements, covenants, leases, water rights, and mineral rights. Agreement, terms of the Agreement, or project agreement —The document entitled "RCO GRANT AGREEMENT" accepted by all parties to the present project and transaction, including without limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits, M attachments, addendums, amendments, and applicable manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement subject to any c g limitations on their effect under this Agreement. N applicable manual(s), manual -- A manual designated in this Agreement to apply as terms of this L O Agreement, subject (if applicable) to substitution of the "RCO director" for the term "board" in Q those manuals where the project is not approved by or funded by the referenced board, or a o predecessor to the board. applicable WAC(s) -- Designated chapters or provisions of the Washington Administrative Code that 0 apply by their terms to the type of grant in question or are deemed under this Agreement to apply c as terms of the Agreement, subject to substitution of the "RCO director" for the term "board" or "agency" in those cases where the RCO has contracted to or been delegated to administer the grant 2 program in question. Q Q- Q applicant — Any party, prior to becoming a Sponsor, who meets the qualifying standards/eligibility a� > requirements for the grant application or request for funds in question. a� c application —The documents and other materials that an applicant submits to the RCO to support o the applicant's request for grant funds; this includes materials required for the "Application" in the RCO's automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and z scripts. N Page 8 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 153 archeological, cultural, and historic resources - Archeological sites and artifacts, and traditional areas or items of religious, ceremonial and/or social (significance to) (uses of) tribes affected by or interested in the project. This also refers to built environments and places with historical significance for the nation, state, or local area. authorized representative/agent —A Sponsor's agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. C.F.R. — Code of Federal Regulations completed project or project completion - The status of a project when all of the following have occurred: 1. The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily, 2. A final project report is submitted to and accepted by RCO, 3. Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO 4. A final reimbursement request has been paid by RCO. 5. Property rights (including RCO's as may apply) have been recorded (as may apply) contractor — An entity that receives a contract from a Sponsor related to performance of work or another obligation under this Agreement. compliance period, or long-term compliance period —The term of years, beginning on the end date of the agreement, when long-term obligations exist for the Sponsor. The start date and end date of the compliance period may also be prescribed by RCO per the Agreement. conversion —A conversion occurs 1) when facilities acquired, developed, renovated or restored within the project area are changed to a use other than that for which funds were approved, without obtaining prior written formal RCO or board approval, 2) when property interests are conveyed to a third party not otherwise eligible to receive grants in the program from which funding was approved without obtaining prior written formal RCO or board approval, or 3) when obligations to operate and maintain the funded property are not complied with after reasonable opportunity to cure. development project — A project that results in the construction of, or work resulting in, new elements, including but not limited to structures, facilities, and/or materials to enhance outdoor recreation resources. A development project may also involve activities that redevelop or renovate an existing facility, and these may occur exclusively in the project or in combination with new construction. For projects in the Boating Facilities Program, the term "development project" includes all of the above and may also include those activities that are defined as maintenance in 50 C.F.R 86. director or Director — The chief executive officer of the Recreation and Conservation Office or that person's designee. Page 9 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 154 education project — A project that provides information, education, and outreach programs and/or services for the benefit of outdoor recreationists. This project may involve limited amounts of capital construction or installation of tangible property. education and enforcement project — A project that provides information, education, and outreach programs or services; encourages responsible recreational behavior, and may provide law enforcement for the benefit of outdoor recreationists. This project may involve limited amounts of capital construction or installation of tangible property, and equipment purchases. effective date — The date when the signatures of all parties to this agreement are present in the agreement. enhancement project — A project that (i) supports hatchery reform to improve hatchery effectiveness to minimize impacts to wild fish populations, (ii) ensures compatibility between hatchery production and salmon recovery programs, or (iii) supports sustainable fisheries (WAC 420.04.010). equipment —Tangible personal property (including information technology systems) having a useful service life of more than one year and a per -unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the Sponsor or $5,000 (2 C.F.R. § 200.33 (2013)). funding board or board —The Washington State Recreation and Conservation Funding Board, or the Washington State Salmon Recovery Funding Board. Or both as may apply. Funding Entity —the entity that approves the project that is the subject to this Agreement. M grant program —The source of the grant funds received. May be an account in the state treasury, or o a grant category within a larger grant program, or a federal source. N indirect cost — Costs incurred for a common or joint purpose benefitting more than one cost L 0 objective, and not readily assignable to the cost objectives specifically benefitted, without effort Q disproportionate to the results achieved (2 C.F.R. § 200.56 (2013)). c 0 compliance period, or long-term compliance period —The term of years, beginning on the end date of the agreement, when long-term obligations exist for the Sponsor. The start date and end date of the compliance period may also be prescribed by RCO per the Agreement. c 0 long-term obligations — Sponsor's obligations after the project end date, as specified in the Agreement and manuals and other exhibits as may apply. .2 CL landowner agreement — An agreement that is required between a Sponsor and landowner for Q. Q a� projects located on land not owned or otherwise controlled by the Sponsor. m J maintenance project — A project that maintains existing areas and facilities through repairs and upkeep for the benefit of outdoor recreation. o m maintenance and operation project —A project that maintains and operates existing areas and facilities through repairs, upkeep, and routine services for the benefit of outdoor recreationists. E E z U match or matching share —The portion of the total project cost provided by the Sponsor. Page 10 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 155 milestone — An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. monitoring project — Means a project that tracks the effectiveness of salmon recovery restoration actions, or provides data on salmon populations or their habitat conditions. monitoring and research project — Means a project that tracks the effectiveness of salmon recovery restoration actions, or provides data on salmon populations or their habitat conditions. Office — Means the Recreation and Conservation Office or RCO. notice of grant — As required by RCO or another authority, a document that has been legally recorded on the property title of the project area(s) in the county or counties where the project property is located, or with the United States Government, that describes the project area on the property, the funding sources, and agencies responsible for awarding the grant. E R pass -through entity — A non -Federal entity that provides a subaward to a subrecipient to carry out U) a� part of a Federal program (2 C. F. R. § 200.74 (2013)). If this Agreement is a federal subaward, RCO is a the pass -through entity. N c 0 r period of performance — The period beginning on the project start date and ending on the project end date. N R planning project - A project that results in one or more of the following: 1) a study, a plan,�� assessment, project design, inventory, construction plans and specifications, and permits; or 2) a project that provides money to facilitate the work of an organization engaged in planning and coordination, or resource stewardship. o pre -agreement cost —A project cost incurred before the period of performance. N primary Sponsor — The Sponsor who is not a secondary Sponsor and who is specifically identified in L 0 the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer Q the grant. Administration includes but is not limited to acting as the fiscal agent for the grant (e.g. o requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its officers, employees, agents and successors. project —The undertaking that is funded by this Agreement either in whole or in part with funds 0 administered by RCO. M project area - A geographic area that delineates a grant assisted site which is subject to project a agreement requirements. Q a� ro ect area for projects where WAC 420 is applied) The area consistent with thegeographic limits p J ( p J pp )- a� _J of the scope of work of the project and subject to project agreement requirements. For restoration projects, the project area must include the physical limits of the project's final site plans or final o design plans. For acquisition projects, the project area must include the area described by the legal description of the properties acquired for or committed to the project (WAC 420.04.010). E completed project or project completion - The status of a project when all of the following have U occurred: Page 11 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 156 1. The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily, 2. A final project report is submitted to and accepted by RCO, 3. Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO 4. A final reimbursement request has been paid by RCO. 5. Property rights (including RCO's as may apply) have been recorded (as may apply) project cost — The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third -party contributions (see also 2 C.F.R. § 200.83 (2013) for federally funded projects). project end date —The specific date identified in the Agreement on which the period of performance ends, as may be changed by amendment. This date is not the end date for any long- term obligations. project start date — The specific date identified in the Agreement on which the period of performance starts. RCFB — Recreation and Conservation Funding Board RCO — Recreation and Conservation Office — The state agency that administers the grant that is the subject of this Agreement. RCO includes the director and staff. RCW — Revised Code of Washington M Recreational Trails Program (RTP) —A Federal Highways Administration grant program. o reimbursement — RCO's payment of funds to the Sponsor for eligible and allowable costs that have N L already been paid by the Sponsor per the terms of the Agreement. o renovation project — A project intended to improve an existing site or structure in order to increase its useful service life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for its originally expected useful service life. research project — Means a project that studies salmon and the effectiveness of recovery restoration efforts on the population or habitat condition. restoration project — A project intended to bring a site back to its historic function as part of a natural ecosystem, or one intended to improve the ecological or habitat functionality or capacity of (or part of) a site, landscape, marine environment, or watershed. restoration and enhancement project — A project intended to bring a site back to its historic function as part of a natural ecosystem or that improves the ecological functionality of a site or a larger ecosystem which improvement may include benefiting (or exclusively benefit) fish stocks. secondary Sponsor — One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may be the fiscal agent for the project. Sponsor — A Sponsor is an organization that is listed in and has signed this Agreement. Page 12 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 157 Sponsor Authorized Representative/Agent — A Sponsor's agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person has the signature authority to bind the Sponsor to this M Agreement, grant, and project. L SRFB — Salmon Recovery Funding Board M ca State. The funding board and RCO are included within the term State, as are all other agencies, c departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of Washington state government. U_ subaward — Funds allocated to the RCO from another organization, for which RCO makes available a� 0 to or assigns to another organization via this Agreement. Also, a subaward may be an award provided by a pass -through entity to a subrecipient for the subrecipient to carry out part of any 0 award received by the pass -through entity. It does not include payments to a contractor or E payments to an individual that is a beneficiary of a federal or other program. A subaward may be R provided through any form of legal agreement, including an agreement that the pass -through entity 0 a considers a contract. Also see 2 C.F.R. § 200.92 (2013). For federal subawards, a subaward is for the N purpose of carrying out a portion of a Federal award and creates a federal assistance relationship c $ with the subrecipient (2 C.F.R. § 200.330 (2013)). If this Agreement is a federal subaward, the = subaward amount is the grant program amount in the PROJECT FUNDING Section. subrecipient — Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal funds, a subrecipient is an entity that receives a subaward from a pass -through entity to carry out part of a federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other federal awards directly from a o federal awarding agency (2 C.F.R. § 200.93 (2013)). If this Agreement is a federal subaward, the N Sponsor is the subrecipient. tribal consultation — Outreach, and consultation with one or more federally recognized tribes (or a partnership or coalition or consortium of such tribes, or a private tribal enterprise) whose rights will or may be significantly affected by the proposed project. This includes sharing with potentially - affected tribes the scope of work in the grant and potential impacts to natural areas, natural resources, and the built environment by the project. It also includes responding to any tribal request from such tribes and considering tribal recommendations for project implementation which may include not proceeding with parts of the project, altering the project concept and design, or relocating the project or not implementing the project, all of which RCO shall have the final approval of. useful service life — Period during which a built asset, equipment, or fixture is expected to be useable for the purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement. WAC —Washington Administrative Code. 2. PERFORMANCE BY THE SPONSOR. Page 13 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 158 a. The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the RCO (to include any RCO approved changes or amendments thereto). All submitted documents are incorporated by this reference as if fully set forth herein. b. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. 3. ASSIGNMENT. Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without prior written approval of the RCO. 4. RESPONSIBILITY FOR PROJECT. a. While RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of the Sponsor. The RCO and Funding Entity (if different from the RCO) undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement. b. The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project has more than one Sponsor, any and all Sponsors are equally responsible for the project and all post -completion stewardship responsibilities and long- o term obligations unless otherwise stated in this Agreement. c. The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others with expertise or authority. In this respect, the RCO, its employees, assigns, consultants and contractors, and any funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the project apparently is proceeding or has been completed as per the Agreement. 5. INDEMNIFICATION. a. The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection with this Agreement (including without limitation all work or activities thereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor's agents, employees, Page 14 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 159 contractors, subcontractors, or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. b. Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State is vicariously liable c. Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Sponsor or the Sponsor's agents or employees, and (b) the State, or its employees or agents the indemnity obligation shall be valid and enforceable only to the extent of the Sponsor's negligence or its agents, or employees. d. As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, any claims by Sponsor's employees directly against Sponsor. e. Sponsor shall ensure that any agreement relatingtothis project involving any contractors, subcontractors and/or vendors of any tier shall require that the contracting entity indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as provided herein as if it were the Sponsor. This shall not apply to a contractor or o subcontractor is solely donating its services to the project without compensation or other N substantial consideration. f. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the States, its agents', officers' and employees' failure to comply with specific written instructions regarding use provided to the State, its agents, officers and employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. Page 15 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 160 g. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. 6. INDEPENDENT CAPACITY OF THE SPONSOR. a. The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06. b. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. 7. CONFLICT OF INTEREST. a. Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO o may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is a� found after due notice and examination by RCO that there is a violation of the Ethics in c Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the N procurement of, or performance under, this Agreement. b. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of o the Agreement by the Sponsor. The rights and remedies of RCO provided for in this clause N shall not be exclusive and are in addition to any other rights and remedies provided by law o or this Agreement. 8. COMPLIANCE WITH APPLICABLE LAW. a. In implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws (including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes, without any limitation as to other applicable laws, the following laws: Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Employment Act (if applicable). In the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following nondiscrimination clause in each contract for Page 16 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 161 construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities, worship, or instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or instruction may be a minor use of the grant supported recreation and conservation land or facility. iii. Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State Department of Labor and Industries. • Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative statement of the contractor's or subcontractor's intent. Unless required by law, the Sponsor is not o required to investigate a statement regarding prevailing wage provided by a a contractor or subcontractor. iv. Exception, Service Organizations of Trail and Environmental Projects (RCW 79A.35.130). If allowed by state and federal law and rules, participants in conservation corps programs offered by a nonprofit organization affiliated with a national service organization established under the authority of the national and community service trust act of 1993, P.L. 103-82, are exempt from provisions related to rates of compensation while performing environmental and trail maintenance work provided: (1) The nonprofit organization must be registered as a nonprofit corporation pursuant to RCW 24.03; (2) The nonprofit organization's management and administrative headquarters must be located in Washington; (3) Participants in the program must spend at least fifteen percent of their time in the program on education and training activities; and (4) Participants in the program must receive a stipend or living allowance as authorized by federal or state law. Participants are exempt from provisions related to rates of compensation only for environmental and trail maintenance work conducted pursuant to the conservation corps program. b. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive -legislative relationships, for publicity or Page 17 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 162 propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. c. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. d. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on Washington State Department of Labor and Industries' "Debarred Contractor List." e. Requirements for RTP Subawards. The subrecipient (Sponsor) shall follow such policies and procedures prescribed by and 1* allowed by the State, as well as federal law and federal rules issued by the Federal Highways Administration and 2 CFR 200. o Sponsor may be required to pay prevailing wage rates as required by the Davis Bacon Act as amended. 9. ARCHAEOLOGICAL AND CULTURAL RESOURCES RESPONSIBILITIES RCO shall administratively review, and Sponsor shall assist RCO in such review, For all funded projects, including land acquisitions for the purpose of capital construction or renovation, not undergoing Section 106 review under the National Historic Preservation Act of 1966, RCO shall review and, if it deems appropriate, confer with the Washington State Department of Archeology and Historic Preservation, tribes, and with any other party/parties that have an interest in, or responsibility for, Project review and protection of archeological, cultural, and historical resources, to determine potential impacts to archeological, cultural and historic resources and plans for protection of such resources. The Sponsor shall cooperate in all such reviews. 1. Plans. Sponsor shall comply with all plans RCO or another state or federal agency may develop for the protection of archeological, cultural, and historical resources in the project area, and adjacent areas that may be impacted by the project. This subsection also applies to those projects where a categorical exclusion (subsection 5) may apply. Page 18 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 163 2. Authorities. At a minimum, review, management, and protection of archeological, cultural, and historic resources, and tribal consultation, shall be performed in the project area and adjacent areas impacted by the project for compliance with the following authorities (as may apply and as in effect at the time of the review): Washington State Department of Archeology and Historic Preservation policies and procedures and rule, Sponsor, RCO, and landowners' plans, policies and procedures, directives, laws and rules, iii. State Environmental Policy Act, iv. National Environmental Policy Act, V. National Historic Preservation Act of 1966, vi. Governor's Executive Order 05-05, Scope of Archeological, Cultural, and Historic Resources Review. RCO recognizes that the project area may include multiple parcels with multiple landowners, and additional parties with property rights in the project area. The Sponsor shall apply this section independently to each separately owned property, provided that reviews undertaken must include impacts to individual parcels and cumulative impacts. 4. Compliance. At all times, the Sponsor shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological, cultural, and historic resources in the project area, and adjacent areas that may be impacted by the project, and comply with any RCO direction for such o avoidance, minimization, and mitigation, and reporting and notification thereof. N 5. Categorical Exemption. If the Sponsor has reviewed the activities in this grant for impacts to archeological, cultural, and historical resources, and the same for any planned projects in any land acquired with this grant, and determined the project is categorically exempt from further archaeological, historical and cultural resources review, as well as tribal consultation, Sponsor shall notify the RCO in writing prior to beginning the project describing 1) the specific statutory or regulatory exemptions that apply, and 2) their applicability to the specific project. Alternatively, the RCO may determine the project is covered by a categorical exemption, in whole or in part, and notify the Sponsor of such determination. However, any categorical exemption must meet the standards of and be consistent and allowable by ALL of the following: 1. the project area landowner(s) legal documents and governing documents (if applicable, 2. Sponsor's own policies and procedures and rules, 3. All applicable laws, 4. RCO applicable policies, manuals and/or other guidance, and 5. Washington Department of Archaeology and Historic Preservation's rules and policies. Alternatively, the RCO may assign a categorical exemption to the project based on its own review. Page 19 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 164 Regardless of the applicability of any categorical exemption, the RCO reserves the right at any time to require Sponsor to comply with any and all of the provisions of this section. 6. Proiect Areas Reviewed by a Permitting Authority. For those project areas where a permitting authority for the project conducts an archeological, cultural, and historical resources review and tribal consultation under section 106 of the Historic Preservation Act, NEPA, SEPA, or Governor's Executive Order 05-05, such review and consultation shall substitute for the land owner's, provided that such substitution is allowed only if (a)the permitting authority and landowner are not the same, and (b)the RCO determines that the review and consultation performed by the permitting authority meets RCO standards. When a permitting authority conducts such reviews and tribal consultation, all other subsections herein shall still apply to the Sponsor(s). 7. Proiect Areas on Sponsor -Owned Property. Unless a categorical exemption applies as stated above, the Sponsor shall perform and be bound by the following: a. Project Review. For project areas not reviewed by a permitting authority (see above), prior to implementing in the project area any ground disturbance, altering or demolishing structures or other property appurtenances, removing or altering vegetation, geologic elements, or waterways, or impacting wildlife, in and adjacent to the project area, areas where project mitigation shall occur, or any other areas that may be affected by project w implementation, the Sponsor shall review the project for its potential and actual impacts, including any planned projects on lands acquired as part of the project, to any and all archaeological, cultural and historical resources in and adjacent to the project area, in areas M where project mitigation shall occur, or other areas that may be affected by project implementation. In this review, Sponsor shall follow its policies and procedures, plans, c g guidance, rules, and directives, as well as act in compliance with Governor's Executive Order N 05-05, the National Historic Preservation Act, the State Environmental Policy Act, the National Environmental Policy Act, and any local laws as may apply. If another governmental agency is responsible in whole or in part for this review the Sponsor shall assist with such review. Tribal Consultation. For project areas not reviewed by a permitting authority (see above), prior to implementing in the project area any ground disturbance, altering or demolishing structures or other property appurtenances, removing or altering vegetation, geologic elements, or waterways, or impacting wildlife, in and adjacent to the project area, areas where project mitigation shall occur, or any other areas that may be affected by project implementation, Sponsor shall conduct tribal consultation with any interested or affected tribes as defined above. . c. Reporting to RCO and Approval of Project Activities. Sponsor shall provide RCO evidence (which RCO shall prescribe) that it has conducted project review and tribal consultation as described and receive written approval of such review and consultation from RCO prior to Sponsor implementing in the project area any ground disturbance, altering or demolishing structures or other property appurtenances, removing or altering vegetation, geologic elements, or waterways, or impacting wildlife, in and adjacent to the project area, areas Page 20 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 165 where project mitigation shall occur, or any other areas that may be affected by project implementation. Changes to Project. RCO reserves the right to request Sponsor change its scope of work and project outcomes to avoid, mitigate, or minimize impacts to archeological, cultural, and historic resources. e. Termination. RCO retains the right at any time to terminate a project due to anticipated or actual impacts to archaeology and cultural resources. f. Monitoring. RCO may require on -site monitoring for impacts to archeology, cultural, and historic resources during any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology, cultural, and historical resource impacts or concerns. g. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery Plan (IDP), and keep the IDP at the project site, make the IDP readily available to anyone working at the project site, discuss the IDP with staff and contractors working at the project site, and Implement the IDP when cultural resources or human remains are found at the project site. h. Discovery. If any archeological or historic resources are found while conducting work under this Agreement, the Sponsor shall immediately stop work and notify the property owner, M RCO, the Department of Archaeology and Historic Preservation at (360) 586-3064, and any affected Tribe, and stop any activity that may cause further disturbance to the archeological c g or historic resources until such time as the reviewing authority with jurisdiction over the N found object(s) and areas notifies Sponsor and RCO that work can resume. Human Remains. If any human remains are found while conducting work under this Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains. Sponsor shall secure the area of the find will and protect the remains from further disturbance until the RCO provides a new notice to proceed on the project. Any human remains discovered shall not be touched, moved, or further disturbed unless directed by RCO or the Department of Archaeology and Historic Preservation (DAHP). The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non -forensic. If the county medical examiner/coroner determines the remains are non -forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non -Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with Page 21 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 166 the affected parties as to the future preservation, excavation, and disposition of the remains and the resumption of work. 8. Proiect Areas on State or Federal Property Not Owned By Sponsor. Categorical Exemption. For project area(s) owned by a state or federal agency, and not under review via a permitting nexus (see above), the state or federal agency landowner performing archeological, cultural, and historic resources review and tribal consultation shall make the determination that the project, in whole or in part, is covered by a categorical exemption, and may notify and report such to the Sponsor, or to RCO on behalf of Sponsor. Project Review and Tribal Consolation. If the project is not categorical exception to archeological, cultural, and historical resources review and tribal consultation, and the project area is located on property owned by the State of Washington or a federal agency, Sponsor shall: a. Follow its own policies and procedures, rules, and any applicable laws, for the review, protection, and management of archaeological, cultural, and historic resources, and tribal consultation and other consultations as may apply. b. Assist the land owner and other applicable agencies, and the RCO, with its/their review of archaeological, cultural and historic resources, and tribal consultation for the project area RCO may consult directly with the landowner to complete land owner project review M and tribal consultation. c. Provide RCO evidence that the landowner has 1) conducted archeological, cultural and historic resources review and tribal consultation according to its policies and procedures and applicable laws, and 2) provided Sponsor with permission to begin project implementation in the project area owned by the state or federal agency. Changes to Project. RCO reserves the right to request Sponsor change its scope of work and project outcomes to avoid, mitigate, or minimize impacts to archeological, cultural, and historic resources. e. Termination. RCO retains the right at any time to terminate a project due to anticipated or actual impacts to archaeology and cultural resources. f. Monitoring. RCO or the federal or state landowner may require on -site monitoring for impacts to archeology and cultural resources during any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology and cultural resource impacts or concerns. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery Plan (IDP), and keep the IDP at the project site, make the IDP readily available to anyone working at the project site, discuss the IDP with staff and contractors Page 22 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 167 working at the project site, and Implement the IDP when cultural resources or human remains are found at the project site. h. Discovery. If any archeological or historic resources are found while conducting work under this Agreement, the Sponsor shall immediately stop work and notify the property owner, RCO, the Department of Archaeology and Historic Preservation at (360) 586-3064, and any affected Tribe, and stop any activity that may cause further disturbance to the archeological or historic resources. i. Human Remains. If any human remains are found while conducting work under this Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains. Sponsor shall secure the area of the find will and protect the remains from further disturbance until the RCO provides a new notice to proceed on the project. Any human remains discovered shall not be touched, moved, or further disturbed unless directed by RCO or the Department of Archaeology and Historic Preservation (DAHP). The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non -forensic. If the county medical examiner/coroner determines the remains are non -forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP)��" who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non -Indian and report that M finding to any appropriate cemeteries and the affected tribes. The DAHP will then c 0 handle all consultation with the affected parties as to the future preservation, N excavation, and disposition of the remains. `0 9. Costs. Costs associated with Sponsor's responsibilities under this section of the Agreement are eligible for reimbursement under this Agreement. Costs that exceed the budget grant amount shall be the responsibility of the Sponsor. 10. RECORDS. a. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded project site in a format specified by the RCO. b. Maintenance and Retention. The Sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit is started before the expiration of the nine (9) year period, the records Page 23 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 168 shall be retained until all litigation, claims, or audit findings involving the records have been resolved. c. In order to satisfy 15 CFR 24.42(b) & (c) and 2 CFR 200.333, for projects that contain Pacific Coast Salmon Recovery Funds or are used as match to Pacific Coast Salmon Recovery Funds the sponsor shall retain records for a period of nine years from the date RCO deems the project complete as defined in the PROJECT REIMBURSEMENTS Section. d. Access to Records and Data. At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including computer models and methodology for those models. e. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this c Agreement and any records Sponsor submits or has submitted to the State shall be a public 0 record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04 (which ever applies). Additionally, the Sponsor agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. 11. PROJECT FUNDING. a. Authority. This Agreement and funding is made available to Sponsor through the RCO. b. Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and incorporated by written amendment into this Agreement. c. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a waiver of retroactivity or program specific eligible pre -Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. Page 24 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 169 d. Requirements for Federal Subawards. Pre -Agreement costs before the federal award date in the FEDERAL FUND INFORMATION Section are ineligible unless approved by the federal award agency (2 C.F.R § 200.458 (2013)). e. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO or Funding Entity may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. 12. PROJECT REIMBURSEMENTS. Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286- 13 and/or 420-12, whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred during the period of performance. The primary Sponsor may only request reimbursement after (1) this Agreement has been fully executed and (2) the Sponsor has remitted payment to its vendors. RCO will o authorize disbursement of project funds only on a reimbursable basis at the percentage as c defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor or for a donation used as part of its matching share. RCO does not reimburse for donations. All reimbursement requests must include proper documentation of expenditures as required by RCO. M b. Reimbursement Request Frequency. The primary Sponsor is required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding reimbursement requirements. c. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the Sponsor. d. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the grant to the Sponsor until the following has occurred: i. RCO has accepted the project as a completed project, which acceptance shall not be unreasonably withheld. ii. On -site signs are in place (if applicable); Any other required documents and media are complete and submitted to RCO;Grant related fiscal transactions are complete, and iii. RCO has accepted a final boundary map of the project area for which the Agreement terms will apply in the future. Page 25 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 170 iv. A Notice of Grant for any property rights acquired or donated (if applicable) have been filed with the county lands records office (or United State Government) and a stamped copy received by RCO, and any property rights owned to RCO have been likewise recorded. e. Requirements for Federal Subawards: Match. The Sponsor's matching share must comply with 2 C.F.R. § 200.306 (2013). Any shared costs or matching funds and all contributions, including cash and third -party in -kind contributions, can be accepted as part of the Sponsor's matching share when such contributions meet all of the following criteria: i. Are verifiable from the non -Federal entity's (Sponsor's) records; ii. Are not included as contributions for any other Federal award; iii. Are necessary and reasonable for accomplishment of project or program objectives; iv. Are allowable under 2 C.F.R. Part 200, Subpart E—Cost Principles (2013); V. Are not paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs; vi. Are provided for in the approved budget when required by the Federal awarding agency identified in the FEDERAL FUND INFORMATION Section of this Agreement; and vii. Conform to other provisions of 2 C.F.R. Part 200, Subpart D—Post Federal Award Requirements (2013), as applicable. M f. Requirements for Federal Subawards: Close out. Per 2 C.F.R § 200.343 (2013), the non -Federal entity (Sponsor) must: Submit, no later than 90 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award. The Federal awarding agency or pass -through entity (RCO) may approve extensions when requested by the Sponsor. ii. Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award. iii. Refund any balances of unobligated cash that the Federal awarding agency or pass - through entity (RCO) paid in advance or paid and that are not authorized to be retained by the non -Federal entity (Sponsor) for use in other projects. See OMB Circular A-129 and see 2 C.F.R § 200.345 Collection of amounts due (2013), for requirements regarding unreturned amounts that become delinquent debts. iv. Account for any real and personal property acquired with Federal funds or received from the Federal Government in accordance with 2 C.F.R §§ 200.310 Insurance coverage through 200.316 Property rust relationship and 200.329 Reporting on real property (2013). Page 26 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 171 13. ADVANCE PAYMENTS. Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO director and are consistent with legal requirements and Manual 8: Reimbursements. 14. RECOVERY OF PAYMENTS. a. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. b. Return of Overpayments. The Sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time the Sponsor received such overpayment. Unless the overpayment is due to an error of RCO, the payment shall be due and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of RCO, it shall be due and owing 30 days after demand by RCO for refund. c. Requirements for Federal Subawards. RCO, acting as a pass -through entity, may impose any of the remedies as authorized in 2 C.F.R §§ 200.207 Specific conditions and/or 200.338 Remedies for noncompliance (2013). M 15. COVENANT AGAINST CONTINGENT FEES. The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the Sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. 16. INCOME (AND FEES) AND USE OF INCOME. See WAC 286-13-110 for additional requirements for projects funded from the RCFB. Income. a. Farm and Forest Account (Farmland and Forestland Preservation Grants). Excepted from this section is income generated and fees paid on/for properties which received funds from the Farm and Forest Account (RCW 79A.15.130). b. Firearms and Archery Range Recreation Projects. Excepted from this section are safety classes (firearm and/or hunter) for which a facility/range fee must not be charged (RCW 79A.25.210). Page 27 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 172 c. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement and any applicable manuals, RCWs, and WACs. d. Use of Income. Subject to any limitations contained in applicable state or federal law and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, rent, franchise fees, ecosystem services, etc.) during or after the reimbursement period cited in the Agreement, must be used to offset: i. The Sponsor's matching resources; ii. The project's total cost; iii. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the grant funding; iv. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor's system; V. Capital expenses for similar acquisition and/or development and renovation; and/or vi. Other purposes explicitly approved by RCO. e. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained, renovated, or restored and shall be consistent with the: i. Grant program laws, rules, and applicable manuals; ii. Value of any service(s) furnished; iii. Value of any opportunities furnished; and iv. Prevailing range of public fees in the state for the activity involved. f. Requirements for Federal Subawards. Sponsors must also comply with 2 C.F.R. § 200.307 Program income (2013). 17. PROCUREMENT REQUIREMENTS. a. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and retained. If no such process exists the Sponsor must follow these minimum procedures: i. Publish a notice to the public requesting bids/proposals for the project; ii. Specify in the notice the date for submittal of bids/proposals; iii. Specify in the notice the general procedure and criteria for selection; and iv. Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be repeated until a suitable bid is selected. V. Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, sex, or sex -orientation that are applicable to state agencies in selecting a bidder or proposer. Alternatively, Sponsor may choose a bid from a bidding Page 28 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 173 cooperative if authorized to do so. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. b. Requirements for Federal Subawards. For all Federal subawards, non -Federal entities (Sponsors) must follow 2 C.F.R §§ 200.318 General procurement standards through 200.326 Contract Provisions (2013). ii. For RTP subawards, Sponsors shall follow such policies and procedures allowed by the State when procuring property and services under a Federal award (2 C.F.R § 1201.317 (2013)). 18. TREATMENT OF EQUIPMENT AND ASSETS. a. Equipment shall be used and managed only for the purpose of this Agreement , unless otherwise provided herein or in the applicable manuals, or approved by RCO in writing. b. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the duration of the project, or RULES of applicable grant assisted program. When the Sponsor discontinues use of the equipment for the purpose for which it was funded, M RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCO published policies. c. Loss or Damage. The Sponsor shall be responsible for any loss or damage to equipment. d. Requirements for Federal Subawards. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award or match for the award, until disposition takes place will, at a minimum, meet the following requirements (2 C.F.R § 200.313 (2013)): Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the Federal Award Identification Number), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. ii. A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. iii. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. iv. Adequate maintenance procedures must be developed to keep the property in good condition. Page 29 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 174 V. If the non -Federal entity is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. e. Requirements for RTP Subawards. The subrecipient (Sponsor) shall follow such policies and procedures prescribed by and allowed by the State, as well as federal law and federal rules issued by the Federal Highways Administration and 2 CFR 200. 19. RIGHT OF INSPECTION. The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure limits access to the project area, it must include (or be amended to include) the RCO's right to inspect and access lands acquired or developed with this funding assistance. 20. STEWARDSHIP AND MONITORING. Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes. o 21. PREFERENCES FOR RESIDENTS. Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents, but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. 22. ACKNOWLEDGMENT AND SIGNS. Publications. The Sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. b. Signs. During the period of performance through the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations on the project area that acknowledge the applicable grant program's funding contribution, unless waived by the director; and Page 30 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 175 During the period of long-term obligations, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations to notify the public of the availability of the site for reasonable public access. c. Ceremonies. The Sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The Sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies and in all advertisements and mailings thereof, and any and all of its related digital media publications. d. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, Sponsors shall clearly state: i. The fund source; ii. The percentage of the total costs of the project that is financed with federal money; iii. The dollar amount of federal funds for the project; and iv. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. 23. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS. a. The following provisions shall be in force: Operations and Maintenance. Properties, structures, and facilities developed, maintained, or operated with the assistance of money granted per this Agreement and within the project area shall be built, operated, and maintained according to applicable regulations, laws, building codes, and health and public safety standards to assure a reasonably safe condition and to prevent premature deterioration. It is the Sponsor's sole responsibility to ensure the same are operated and maintained in a safe and operable condition. The RCO does not conduct safety inspections or employ or train staff for that purpose. Document Review and Approval. Prior to commencing construction or finalizing the design, the Sponsor agrees to submit one copy of all construction and restoration plans and specifications to RCO for review solely for compliance with the scope of work to be identified in the Agreement. RCO does not review for, and disclaims any responsibility to review for safety, suitability, engineering, compliance with code, or any matters other than the scope so identified. Although RCO staff may provide tentative guidance to a Sponsor on matters related to site accessibility by persons with a disability, it is the Sponsor's responsibility to confirm that all legal requirements for accessibility are met even if the RCO guidance would not meet such requirements. b. Change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the RCO must receive prior written approval of the RCO. Page 31 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 176 c. Control and Tenure. The Sponsor must provide documentation that shows appropriate tenure and term (such as long-term lease, perpetual or long-term easement, or perpetual or long-term fee simple ownership, or landowner agreement or interagency agreement for the land proposed for construction, renovation, or restoration. The documentation must meet current RCO requirements identified in this Agreement as of the effective date of this Agreement unless otherwise provided in any applicable manual, RCW, WAC, or as approved by the RCO. d. Use of Best Management Practices. Sponsors are encouraged to use best management practices including those developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. AHG documents include "Integrated Streambank Protection Guidelines", 2002; "Land Use Planning for Salmon, Steelhead and Trout: A land use planner's guide to salmonid habitat protection and recovery", 2009", "Protecting Nearshore Habitat and Functions in Puget Sound", 2010; "Stream Habitat Restoration Guidelines", 2012; "Water Crossing Design Guidelines", 2013; and "Marine Shoreline Design Guidelines", 2014. These documents, along with new and updated guidance documents, and other information are available on the AHG Web site. Sponsors are also encouraged to use best management practices developed by the Washington Invasive Species Council (WISC) described in "Reducing Accidental Introductions of Invasive Species" which is available on the WISC Web site. e. At no time shall the Sponsor design, construct, or operate this grant funded project in a way that unreasonably puts the public, itself, or others at risk of injury or property damage. The Sponsor agrees and acknowledges that the Sponsor is solely responsible for safety and risk associated with the project, that RCO does not have expertise, capacity, or a mission to review, monitor, or inspect for safety and risk, that no expectation exists that RCO will do so, and that RCO is in no 0 way responsible for any risks associated with the project. 24. PROVISIONS APPLYING TO ACQUISITION PROJECTS. a. The following provisions shall be in force: i. Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement, the Sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to all applicable manuals and RCWs or WACs. ii. Evidence of Title. The Sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired. This shall be done before any payment of financial assistance. iii. Legal Description of Real Property Rights Acquired. The legal description of any real property rights purchased with funding assistance provided through this Agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be delivered to RCO before final payment. iv. Conveyance of Rights to the State of Washington. When real property rights (both fee simple and lesser interests) are acquired, the Sponsor agrees to execute an appropriate document (provided or approved by RCO) conveying certain rights and responsibilities to RCO or the Funding Entity on behalf of the State of Washington or another agency of the Page 32 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 177 state, or federal agency, or other organization. These documents include a Deed of Right, Assignment of Rights, Easements and/or Leases as described below. The Sponsor agrees to use document language provided by RCO, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to RCO. The document required will vary depending on the project type, the real property rights being acquired and whether or not those rights are being acquired in perpetuity. V. Deed of Right. The Deed of Right as described in RCO Manual #3 conveys to the people of the state of Washington the right to preserve, protect, access, and/or use the property for public purposes consistent with the funding source and project agreement. Sponsors shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the Sponsor has acquired a perpetual easement for public purposes. vi. Assignment of Rights. The Assignment of Rights as described in RCO Manual #3 document transfers certain rights to RCO and the state such as public access, access for compliance, and enforcement. Sponsors shall use this document when an easement or lease is being acquired under this Agreement. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. vii. Easements and Leases. The Sponsor may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; Sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. viii. Real Property Acquisition and Relocation Assistance. In the event that housing and relocation costs and procedures are required by local, state, tribal, or federal law, or rule; 0 the Sponsor agrees to provide such housing and relocation assistance as a condition of the N Agreement and receiving grant funds. Q b. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsor must consult with RCO regarding treatment of such structures and compliance with COMPLIANCE WITH APPLICABLE LAW SECTION, Archeological and Cultural Resources paragraph c. Hazardous Substances. Certification. The Sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(13), and certify: No hazardous substances were found on the site, or iii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site deemed "clean." iv. Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. V. Hold Harmless. The Sponsor will defend, protect and hold harmless the State and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss Page 33 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 178 of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the Sponsor is acquiring, except to the extent, if any, that the State, its officers and agents caused or contributed to the release . The Funding Entity and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. d. Requirements for Federal Subawards. The non-federal entity (Sponsor) must submit reports the federal funding agency, through RCO, at least annually on the status of real property in which the federal government retains an interest, unless the federal interest in the real property extends 15 years or longer. In those instances where the federal interest attached is for a period of 15 years or more, the federal awarding agency or the pass -through entity (RCO), at its option, may require the Sponsor to report at various multi -year frequencies (e.g., every two years or every three years, not to exceed a five-year reporting period; or a federal awarding agency or RCO may require annual reporting for the first three years of a federal award and thereafter require reporting every five years) (2 C.F.R § 200.329 (2013)). e. Developing and Restoring Purchased Property. If the Sponsor intends to develop or restore the property acquired it shall do so within the timeline and deadline provided by the funding program or board policies that apply to the grant funded project, or as provided for in this Agreement. 25. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS. a. Long -Term Obligations. This section applies to completed projects only. b. Perpetuity. For acquisition, development, and restoration projects, or a combination thereof, unless otherwise allowed by applicable manual, policy, program rules, or this Agreement, or approved in writing by RCO. The RCO requires that the project area continue to function for the purposes for which these grant funds were approved, in perpetuity. c. Conversion. The Sponsor shall not at any time convert any real property (including any interest therein) or facility acquired, developed, renovated, and/ or restored pursuant to this Agreement, unless provided for in applicable statutes, rules, and policies. Conversion includes, but is not limited to, putting such property (or a portion of it) to uses other than those purposes for which funds were approved or transferring such property to another entity without prior approval via a written amendment to the Agreement. All real property or facilities acquired, developed, renovated, and/or restored with funding assistance shall remain in the same ownership and in public use/access status in perpetuity unless otherwise expressly provided in the Agreement or applicable policies or unless a transfer or change in use is approved by the RCO through an amendment. Failure to comply with these obligations is a conversion. Further, if the project is subject to operation and or maintenance obligations, the failure to comply with such obligations, without cure after a reasonable period as determined by the RCO, is a conversion. Determination of whether a conversion has occurred shall be based upon all terms of the Agreement, and all applicable state of federal laws or regulation. Page 34 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 179 For acquisition projects that are expressly term -limited in the Agreement, the restriction on conversion shall apply only for the length of the term, unless otherwise provided by this Agreement and incorporated documents, WACs, or any applicable state or federal law or regulation. When a conversion has been determined to have occurred, the Sponsor shall remedy the conversion as set forth in this Agreement (with incorporated documents) and as required by all applicable policies, manuals, WACs and laws that exist at the time the remedy is implemented or the right to the remedy is established by a court or other decision -making body, and the RCO may pursue all remedies as allowed by the Agreement or law. 26. CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS. a. The following provisions shall be in force for this agreement: Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with the grant funds, including undeveloped sites, are built, operated, used, and maintained: a. According to applicable federal, state, and local laws and regulations, including 3: public health standards and building codes; b. In a reasonably safe condition for the project's intended use; M c. Throughout its estimated useful service life so as to prevent undue deterioration; d. In compliance with all federal and state nondiscrimination laws, regulations and ° c� policies. N Open to the public. Unless otherwise specifically provided for in the Agreement, and in compliance with applicable statutes, rules, and applicable WACs and manuals, facilities must be open and accessible to the general public, and must: a. Be constructed, maintained, and operated to meet or exceed the minimum requirements of the most current guidelines or rules, local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as amended and updated. b. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. c. Be available for appropriate use by the general public at reasonable hours and times of the year, according to the type of area or facility, unless otherwise stated in RCO manuals or, by a decision of the RCO director in writing. Sponsor shall notify the public of the availability for use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. Page 35 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 180 27. RECORDED NOTICE OF GRANT. At the request of RCO, another state agency, or a federal agency, Sponsor shall record a notice of grant on property subject to this Agreement and shall submit to the RCO a recorded and registry stamped copy of such notice. The purpose of the notice of grant is to provide constructive notice of the grant and project and to ensure that the present and future use of the project area is and shall remain subject to the terms and conditions described in this Agreement. The notice of grant shall be in a format specified by RCO. 28. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS. a. A corporate Sponsor, including any nonprofit Sponsor, shall: Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the Sponsor's obligation to the project as identified in the Agreement. 6 ii. Notify RCO before corporate dissolution at any time during the period of performance or long-term obligations. Within 30 days of dissolution the Sponsor shall name a qualified N successor that will agree in writing to assume any on -going project responsibilities, and r transfer all property and assets to the successor. A qualified successor is any party eligible to c apply for funds in the subject grant program and capable of complying with the terms and conditions of this Agreement. RCO will process an amendment transferring the Sponsor's obligation to the qualified successor if requirements are met. Maintain sites or facilities open to the public and may not limit access to members. M 29. PROVISIONS FOR FEDERAL SUBAWARDS. The following provisions shall be in force for this agreement: a. Sub -Recipient (Sponsor) must comply with the cost principles of 2 C.F.R. Part 200 Subpart E (2013). Unless otherwise indicated, the cost principles apply to the use of funds provided under this Agreement to include match and any in -kind matching donations. The applicability of the cost principles depends on the type of organization incurring the costs. b. Binding Official. Per 2 CFR 200.415, Sponsor certifies through its actions or those of authorized staff, at the time of a request for reimbursement, the following: "To the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." c. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60-1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, Page 36 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 181 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, paragraph C. d. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a "federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines "construction work" as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. f. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities (Sponsors) must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141- o 3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards N Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In Q accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity (Sponsor) must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity (Sponsor) must report all suspected or reported violations to the federal awarding agency identified in the Federal Fund Information Section. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U. S. C. 3145), as supplemented by Department of Labor regulations (29 C.F.R Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient (Sponsor) must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity (Sponsor) must report all suspected or reported violations to the Federal awarding agency identified in Section H: FEDERAL FUND INFORMATION. Page 37 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 182 g. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity (Sponsor) in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. h. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 C.F.R § 401.2(a) and the recipient or subrecipient (Sponsor) wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient (Sponsor) must comply with the requirements of 37 C.F.R Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. M Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as Amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency identified in Section H: FEDERAL FUND INFORMATION and the Regional Office of the Environmental Protection Agency (EPA). Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). By signing this Agreement, the Sponsor certifies (per the certification requirements of 31 U.S.C.) that none of the funds that the Sponsor has (directly or indirectly) received or will receive for this project from the United States or any agency thereof, have been used or shall be used to engage in the lobbying of the Federal Government or in litigation against the United States. Such lobbying includes any influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this project. Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying Page 38 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 183 with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier -to -tier up to the non-federal award. k. Procurement of Recovered Materials. A non-federal entity (Sponsor) that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Required Insurance. The non-federal entity (Sponsor) must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with federal funds as provided to property owned by the non-federal entity. Federally -owned property need not be insured unless required by the terms and conditions of the Federal award (2 C.F.R § 200.310 (2013)). m. Debarment and Suspension (Executive Orders 12549 and 12689). The Sponsor must not award a 1* contract to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the Office of Management and Budget (OMB) guidelines at 2 C.F.R § 180 that implement Executive Orders 12549 (3 C.F.R part 1986 Comp., p. 189) and 12689 (3 C.F.R part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. n. Conflict of Interest. Sponsor agrees to abide by the conflict of interest policy and requirements of the federal funding agency established pursuant to 2 C.F.R 200. 30. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS. Use of Sport Fish Restoration Logo. Per 50 CFR 86 Sec 75 and 76, the user of the logo must indemnify and defend the United States and hold it harmless from any claims, suits, losses, and damages from; any allegedly unauthorized use of any patent, process, idea, method, or device by the user in connection with its use of the logo, or any other alleged action of the user; and any claims, suits, losses, and damages arising from alleged defects in the articles or services associated with the logo. No one may use any part of the logo in any other manner unless the United States Fish and Wildlife Service's Assistant Director for Wildlife and Sport Fish Restoration or Regional Director approves in writing. 31. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS. The following provisions shall be in force for this agreement: Page 39 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 184 a. Liability Insurance. The Sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition, to liability insurance it carries, or shall procure a new policy of liability insurance, in a total coverage amount the Sponsor deems adequate to ensure it will have resources to pay successful claims of people who may be killed or injured, or suffer damage to property, while present at the range facility to which this grant is related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person. b. Insurance Endorsement. The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCO as additional insured and shall be in a form approved by the funding board or director. c. Length of Insurance. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be kept in force throughout the Sponsor's obligation to the project as identified in this Agreement. d. Notice of Cancellation. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to RCO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10) calendar days following any termination of the policy by the Sponsor. Government Agencies. The requirement of Subsection a through d above shall not apply if the 1* Sponsor is a federal, state, or municipal government which has established an adequate program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that program or policy to the RCO. f. Sole Duty of the Sponsor. By this requirement, the funding board and RCO does undertake to review, approve, or monitor the safety of the design, construction, or operation of the project and does not assume any duty to any individual person with respect to death, injury, or damage to property which that person may suffer as a result of the project which this grant relates. Any such person, or any other person making claims based on such death, injury, or damage, must look to the Sponsor, or others, for any and all remedies that may be available by law. 32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS. This project has been approved by the National Park Service, US Department of the Interior, for funding assistance from the federal Land and Water Conservation Fund (LWCF), therefore the "Land and Water Conservation Fund General Provisions" are made part of this Agreement and incorporated herein. The Sponsor shall abide by these LWCF General Provisions, in addition to this Agreement, as they now exist or are hereafter amended. Further, the Sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. Page 40 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 185 33. PROVISIONS FOR FARMLAND AND FORESTLAND PRESERVATION PROJECTS. The following sections of this Agreement shall not apply if they are included and covered separately in a recorded RCO-approved Agricultural Conservation Easement, or Forest Conservation Easement (or other method): a. Income and Income Use; Stewardship and Monitoring; Acknowledgement and Signs; Provisions Applying To Acquisition Projects: Conveyance of Rights to the State of Washington, Building and Structures, and Hazardous Substances; Long -Term Obligations of the Projects and Sponsors: Perpetuity; and Construction, Operation, Use and Maintenance of Assisted Projects. 34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS. For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the Sponsor shall not commence with clearing of riparian trees or in -water work unless either the Sponsor has complied with 50 C.F.R. § 223.203 (b)(8) (2000), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this Agreement. This section shall not be the basis for any enforcement responsibility by RCO. 35. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS. The following provisions shall be in force for this Agreement if the project is funded in part or wholly from the Puget Sound Acquisition and Restoration program. The Sponsor agrees to the following terms and conditions: a. Cost Principles/Indirect Costs For State Agencies. GRANT RECIPIENT agrees to comply with the cost principles of 2 CFR 200 Subpart E as appropriate to the award. In addition to the US o Environmental Protection Agency's General Terms and Conditions "Indirect Cost Rate N Agreements," if the recipient does not have a previously established indirect cost rate, it agrees to prepare and submit its indirect cost rate proposal in accordance with 2 CFR 200 Appendix VII b. Credit and Acknowledgement. In addition to the ACKNOWLEDGEMENT AND SIGNS section, materials produced must display both the Environmental Protection Agency (EPA) and Puget Sound Partnership (PSP) logos and the following credit line: "This project has been funded wholly or in part by the United States Environmental Protection Agency. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." This requirement is for the life of the product, whether during or after the Agreement period of performance. c. Hotel Motel Fire Safety Act. Sponsor agrees to ensure that all conference, meeting, convention, or training space funded in whole or part with federal funds, complies with the federal Hotel and Motel Fire Safety Act (PL 101-391, as amended). Sponsors may search the Hotel -Motel National Master List @ http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance or to find other information about the Act. Page 41 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 186 d. Drug Free Workplace Certification. Sub -recipient (Sponsor) shall make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific requirements set forth in 2 C.F.R. Part 1536 Subpart B. Additionally, in accordance with these regulations, the recipient organization shall identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. Sponsors who are individuals must comply with the drug -free provisions set forth in 2 C.F.R. Part 1536 Subpart C. The consequences for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E. e. Management Fees. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to the expenses added to direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities or for other similar costs that are not allowable. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement, except for the extent authorized as a direct cost of carrying out the scope of work. f. Trafficking in Persons and Trafficking Victim Protection Act of 2000 (TVPA). This provision applies only to a sub -recipient (Sponsor), and all sub-awardees of sub -recipient (Sponsor), if any. Sub - recipient (Sponsor) shall include the following statement in all sub -awards made to any private entity under this Agreement: "You as the sub -recipient, your employees, sub-awardees under this award, and sub-awardees' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub -awards under this Award." The sub -recipient (Sponsor), and all sub-awardees 0 of sub -recipient (Sponsor) must inform RCO immediately of any information you receive from N any source alleging a violation of this prohibition during the award term. The federal agency o funding this Agreement may unilaterally terminate, without penalty, the funding award if this prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000, as amended. Lobbying. The chief executive officer of this recipient agency (Sponsor) shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States, unless authorized under existing law. The recipient (Sponsor) shall abide by its respective Cost Principles (OMB Circulars A-21, A-87, and A- 122), which generally prohibits the use of federal grant funds for litigation against the United States, or for lobbying or other political activities. The Sponsor agrees to comply with 40 C.F.R. Part 34, New Restrictions on Lobbying. Sponsor shall include the language of this provision in award documents for all sub -awards exceeding $100,000, and require that sub-awardees submit certification and disclosure forms accordingly. In accordance with the Byrd Anti -Lobbying Amendment, any Sponsor who makes a prohibited expenditure under 40 C.F.R. Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each expenditure. All contracts awarded by Sponsor shall contain, when applicable, the anti -lobbying provisions as stipulated in the Appendix at 40 C.F.R. Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, Sponsor Page 42 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 187 affirms that it is not a non-profit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a non-profit organization described in Section 501(c)(4) of the code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. h. Reimbursement Limitation. If the Sponsor expends more than the amount of RCO funding in this Agreement in anticipation of receiving additional funds from the RCO, it does so at its own risk. RCO is not legally obligated to reimburse the Sponsor for costs incurred in excess of the RCO approved budget. Disadvantaged Business Enterprise Requirements. The Sponsor agrees to comply with the requirements of EPA's Utilization of Small, Minority and Women's Business Enterprises in procurements made under this award. Minority and Women's Business Participation. Sponsor agrees to solicit and recruit, to the maximum extent possible, certified minority owned (MBE) and women owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement.<br><br> These goals are expressed as a percentage of the total dollars available for purchase or agreement and are as follows: Purchased Goods 8% MBE 4% WBE; Purchased Services 10% MBE 4% WBE; Professional Services 10% MBE 4% WBE. Meeting these goals is voluntary and no agreement award or rejection shall be made based on achievement or non -achievement of the goals. Achievement of the goals is encouraged, however, and Sponsor and ALL prospective bidders or 1* people submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement: o i. Include qualified minority and women's businesses on solicitation lists. ii. Assure that qualified minority and women's business are solicited whenever they are potential sources of services or supplies. iii. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. iv. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. V. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. MBE/WBE Reporting. In accordance with the deviation from 40 C.F.R. §33.502, signed November 8, 2013, DBE reporting is limited to annual reports and only required for assistance agreements where one or more the following conditions are met: I. There are any funds budgeted in the contractual/services, equipment or construction lines of the award; and/or $3,000 or more is included for supplies; or there are funds budgeted for subawards or loans in which the expected budget(s) meet the conditions as described in items Page 43 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 188 (a) and (b). When completing the form, recipients (Sponsors) should disregard the quarterly and semi-annual boxes in the reporting period Section 1B of the form. For annual submissions, the reports are due by October 30th of each year or 90 days after the end of the project period, whichever comes first. The reporting requirement is based on planned procurements. Recipients (Sponsors) with funds budgeted for non -supply procurement and/or $3,000 or more in supplies are required to report annually whether the planned procurements take place during the reporting period or not. If no procurements take place during the reporting period, the recipient should check the box in Section 5B when completing the form. MBE/WBE reports should be sent to the DBE Coordinator in the Sponsor's region. Contact information can be found at http://www.epa.gov/osbp/contactpage.htm. The coordinators also can answer any questions. Final MBE/WBE reports must be submitted within 90 days after the project period of the grant ends. To be in compliance with regulations, the Sponsor must submit a final MBE/WBE report. Non-compliance may impact future competitive grant proposals. The current EPA Form 5700- 52A can be found at the EPA Office of Small Business Program's Home Page at http://www.epa.gov/osbp/dbe reporting.htm. m. Procurement involving an EPA Financial Assistance Agreement. Pursuant to 40 C.F.R. § 33.301, the Sponsor agrees to make the following six good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to require that sub -recipients (Sponsors), and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained. n. Ensure Disadvantaged Business Enterprise (DBEs) are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For State and Local o and Government Sponsors, this will include placing DBEs on solicitation lists and soliciting them a whenever they are potential sources. o. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. p. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For State and local Government Sponsors, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. q. Encourage contracting with a consortium of DBEs when an agreement is too large for one of these firms to handle individually. r. Use the services and assistance of the Small Business Administration (SBA) and the Minority Business Development of the Department of Commerce. Page 44 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 189 s. If the Sponsor awards subcontracts, require the Sponsor to take the steps in paragraphs (a) through (e) of this section. t. Lobbying & Litigation. By signing this Agreement, the Sponsor certifies that none of the funds received from this Agreement shall be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The chief executive officer of this Sponsor agency shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The Sponsor shall abide by its respective Attachment in 2 C.F.R. Part 200, which prohibits the use of federal grant funds for litigation against the United States or for lobbying or other political activities. For subawards exceeding $100,000, EPA requires the following certification and disclosure forms: Certification Regarding Lobbying, EPA Form 6600-06: http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf Disclosure of Lobbying Activities, SF LLL: http://www.epa.gov/ogd/AppKit/form/sflllin sec.pdf u. Legal expenses required in the administration of Federal programs are allowable. Legal expenses for prosecution of claims against the Federal Government are unallowable. v. Payment to Consultants. EPA participation in the salary rate (excluding overhead) paid to 1* individual consultants retained by recipients (Sponsors) or by a recipients' (Sponsor's) contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the o Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation N services of designated individuals with specialized skills who are paid at a daily or hourly rate. o This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with his/her normal travel reimbursement practices). Subagreements with firms for services that are awarded using the procurement requirements in 40 C.F.R. Parts 30 or 31, are not affected by this limitation unless the terms of the contract provide the recipient (Sponsor) with responsibility for the selection, direction and control of the individual who will be providing services under the contract at an hourly or daily rate of compensation. See 40 C.F.R. § 30.27(b) or 40 C.F.R. § 31.369(j), as applicable, for additional information. As of January 1, 2020, the limit is $654.71 per day $81.83 per hour. w. Peer Review. Where appropriate, prior to finalizing any significant technical products the Principal Investigator (PI) of this project must solicit advice, review, and feedback from a technical review or advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the funded study. x. International Travel (Including Canada). All International Travel must be approved by the US Environmental Protection Agency's Office of International and Tribal Affairs (OITA) BEFORE Page 45 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 190 travel occurs. Even a brief trip to a foreign country, for example to attend a conference, requires OITA approval. Please contact your Partnership Project manager as soon as possible if travel is planned out of the country, including Canada and/or Mexico, so that they can submit a request to the EPA Project Officer if they approve of such travel. y. Unliquidated Obligations (ULO). Sub -recipients, and all sub-awardees of Sub -Recipients, if any, should manage their agreement and subaward funding in ways that reduce the length of time that federal funds obligated and committed to subaward projects are unspent (not yet drawn down through disbursements to sub -recipients and sub-awardees). z. Light Refreshments And/Or Meals. Unless the event(s) and all of its components are described n the approved workplan, the recipient agrees to obtain prior approval from EPA for the use of grant funds for light refreshments and/or meals served at meetings, conferences, training workshops, and outreach activities (events). The recipient must send requests for approval to the EPA Project Officer and include: 1) An estimated budget and description for the light refreshments, meals, and/or beverages to be served at the event(s); 2) A description of the purpose, agenda, location, length and timing for the event; and, 3) An estimated number of participants in the event and a description of their roles. Cost for light refreshments and meals for recipient staff meetings and similar day-to-day activities are not allowable under EPA assistance agreements. aa. State grant cybersecurity. (a) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all applicable State law cybersecurity requirements. (b) (1) EPA must ensure that any connections between the recipient's network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. (2) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient' s network or information system is connected to EPA networks to transfer data to the AGecy using systems other than the Environmental Information Exchange Network or EPA's Central Data Exchange. 36. ORDER OF PRECEDENCE. a. This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict between the terms of this Agreement and any applicable statute, rule, or policy or procedure, the conflict shall be resolved by giving precedence in the following order: Federal law and binding executive orders; Page 46 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 191 Code of federal regulations; iii. Terms and conditions of a grant award to the state from the federal government; iv. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal law; V. State Constitution, RCW, and WAC; vi. Agreement Terms and Conditions and Applicable Manuals vii. Applicable deed restrictions, and/or governing documents. 37. LIMITATION OF AUTHORITY. Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action) shall a� have the authority to alter, amend, modify, or waive any clause or condition of this Agreement; c provided that any such alteration, amendment, modification, or waiver of any clause or condition of this U Agreement is not effective or binding unless made as a written amendment to this Agreement and c signed by the RCO Director or delegate. E 0 38. WAIVER OF DEFAULT. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach f° of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent o breach and shall not be construed to be a modification of the terms of the Agreement unless stated to a� be such in writing, signed by the director, or the director's designee, and attached as an amendment to c the original Agreement. N 39. APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH. The Funding Entity (if different from RCO) and RCO rely on the Sponsor's application in making its M determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. N 40. SPECIFIC PERFORMANCE. `0 RCO may enforce this Agreement by the remedy of specific performance, which means Sponsors' completion of the project and/or its completion of long-term obligations as described in this Agreement. c However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. 0 No remedy available to the RCO shall be deemed exclusive. The RCO may elect to exercise any, a ' 0 combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, ore equity, including but not limited to seeking full or partial repayment of the rant q Y, g g pg c amount paid and damages. U 41. TERMINATION AND SUSPENSION. a a. The RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. § 200.340. b. For Cause. Page 47 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 192 The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this Agreement: a. If the Sponsor breaches any of the Sponsor's obligations under this Agreement; b. If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines; or c. If the primary and secondary Sponsor(s) cannot mutually agree on the process and actions needed to implement the project; d. Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action is not taken within 30 days or such other time period that the director approves in writing, the Agreement may be terminated. In the event of termination, the Sponsor shall be liable for damages or other relief as authorized bylaw and/or this Agreement. RCO reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract. c. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a "Termination for Convenience" if it is determined that: i. The Sponsor was not in default; or ii. Failure to perform was outside Sponsor's control, fault or negligence. d. Rights of Remedies of the RCO. i. The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. ii. In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid to the Sponsor under this Agreement , the director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. However, any repayment shall be limited to the extent it would be inequitable and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for substantially the entire period of performance and of long-term obligation. iii. Non -Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation Page 48 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 193 is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor. iv. Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon the state appropriating state and federal funding each biennium. In the event the state is unable to appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the Agreement, with ten (10) days written notice, until such time funds are appropriated. Suspension will mean all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides notice to continue work. V. No Waiver. The failure or neglect of RCO to require strict compliance with any term of this Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law and regulations. 42. DISPUTE HEARING. a. Except as may otherwise be provided in this Agreement , when a dispute arises between the Sponsor and the RCO, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: i. The disputed issues; ii. The relative positions of the parties; iii. The Sponsor's name, address, project title, and the assigned project number. b. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the persons chosen by the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a third person. This process shall be repeated until a three person panel is established. c. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. d. The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Page 49 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 194 e. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. f. All costs associated with the implementation of this process shall be shared equally by the parties. 43. ATTORNEYS' FEES. 'o U In the event of litigation or other action brought to enforce the terms of this Agreement each party agrees to bear its own attorney fees and costs. c E 44. GOVERNING LAW/VENUE. R This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County f° Superior Court if legally proper; otherwise venue shall be in the Superior Court of a county where the o project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper. a� c The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of N Washington. 45. SEVERABILITY. The provisions of this Agreement are intended to be severable. If any term or provision is illegal or M invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. N 46. END OF AGREEMENT. `0 This is the end of the agreement. Page 50 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 195 8.J KENT DATE: February 21, 2023 TO: Kent City Council SUBJECT: Puget Sound Regional Council Grant for Meet Me on Meeker - Thompson Avenue to Interurban Trail - Authorize MOTION: Authorize the Mayor to accept grant funds from the Puget Sound Regional Council's Regional Grant for the Meet Me on Meeker - Thompson Ave to Interurban Trail, in the amount of $4,757,500, amend the budget, authorize expenditure of the grant funds accordingly, authorize expenditure of up to $1,342,500 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. SUMMARY: The Puget Sound Regional Council (PSRC) issues a merit -based project selection process as part of the Regional Transportation Improvement Program every two years. At the start of each funding cycle, PSRC adopts a Policy Framework to guide selection of projects which support the region's growth strategy and transportation plan. Since 2002, the adopted policy focus for PSRC's federal funds has been to support the development of centers and the corridors that serve them. The project selection process includes four countywide and one regional forum responsible for coordinating the competitions and recommending projects to the PSRC Transportation Policy Board, which includes representatives of member jurisdictions from across the region. In March 2022, the City applied to PSRC for design and construction funds for improvements on Meeker Street between Thompson Avenue and the Interurban Trail. The project will add a two-way bike facility on West Meeker Street, enhanced pedestrian crossing facilities, and a compact roundabout at the intersection with Lincoln Avenue. The project will be built to the Meet Me on Meeker Street design standards adopted in 2016 through extensive public engagement. The improvements will support the link between neighborhoods and downtown Kent, and transportation users of all modes with pedestrian crossing facilities, lighting, and separated bicycle facilities. The project is estimated to cost $6,100,000, including a local match of 20% ($1,342,500) with design work to begin in October 2024. Staff proposes the required matching funds be paid from B&O funds. Packet Pg. 196 8.J BUDGET IMPACT: Estimated budget impact is $724,500 from B&O funds to match Federal grant funds. 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. 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. Meet Me on Meeker Award Letter (PDF) 02/06/23 Public Works Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 2/21/2023 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer Packet Pg. 197 8.J.a ruget Sound November 10, 2022 Regional Council 1011 WESTERN AVENUE, SUfrE 500 SFATTI_E, WA 98104.1035 psrc.%g ''_ 206 464 7090 The Honorable Dana Ralph City of Kent 220 Fourth Avenue S Kent, WA 98032 Dear Mayor alph: Congratulations! I'm pleased to let you know that the City of Kent is receiving $6,157,500 in PSRC funding for the following projects: PROJECT AWARD FUNDING FUNDING AMOUNT SOURCE DEADLINE East Valley Highway Preservation (84th Ave South from S 212th St to S 196th St)$1,400,000 FHWA June 1, 2025 Meet Me on Meeker - Thompson Ave to Interurban Trail $4,757,500 FHWA June 1, 2025 The projects are part of a $5.4 billion Regional Transportation Improvement Program for 2023-2026 that was adopted by PSRC's Executive Board in October. Final approval by the Governor and federal funding agencies is expected in early 2023. This program includes a wide variety of investments over the next four years, addressing the needs of transit, state and local roadways, bicycle and pedestrian facilities, maintenance and preservation, and others. Your projects performed well in PSRC's merit -based project selection process, which identifies priority projects that will improve local and regional mobility and help achieve our long-range Regional Transportation Plan. Kudos to you and your staff for securing this funding. Thank you and your team for continuing to provide essential services to your community throughout the pandemic. I look forward to continuing to partner with you on efforts to help the region thrive for the long term. Sincerely, JI ` Josh Brown Gam^ Executive Director, Puget Sound Regional Council r I cc: Chad Bieren, Public Works Director Packet Pg. 198 8.K KENT DATE: February 21, 2023 TO: Kent City Council SUBJECT: Puget Sound Regional Council, King County Competition Grant for East Valley Highway Preservation (84th Avenue South from S 212th Street to S 196th Street) - Authorize MOTION: Authorize the Mayor to sign agreements with the Washington State Department of Transportation to accept federal grant funds for the East Valley Highway Preservation project in the amount of $1,400,000; amend the budget; authorize expenditure of the grant funds accordingly; authorize expenditure of up to $1,445,000 in local matching funds from the Street Fund; and authorize the Mayor to sign all necessary documents to complete the project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Puget Sound Regional Council (PSRC) issues a merit -based project selection process as part of the Regional Transportation Improvement Program every two years. At the start of each funding cycle, PSRC adopts a Policy Framework to guide selection of projects, which support the region's growth strategy and transportation plan. Since 2002, the adopted policy focus for PSRC's federal funds has been to support the development of centers and the corridors that serve them. The project selection process includes four countywide and one regional forum responsible for coordinating the competitions and recommending projects to the PSRC Transportation Policy Board, with representatives of member jurisdictions from across the region. The King County forum has a category specific to roadway preservation projects. In March 2022, the City applied to PSRC for design and construction funds for preservation improvements on East Valley Highway (84th Avenue South) between S 212th Street and S 196th Street. The project includes grinding, replacement of failing pavement sections, and a full -width asphalt concrete pavement overlay. Curb ramps and pedestrian push buttons will be evaluated and upgraded as needed. The project is estimated to cost $2,845,000, including a local match of approximately 50% ($1,445,000) with design work to begin in October 2024. Staff proposes the required matching funds be paid from the Street Fund. Packet Pg. 199 8.K BUDGET IMPACT: Estimated budget impact is $1,445,000 from the Street Fund to match Federal funds. 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. 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. Grant Award Letter EVH (PDF) 02/06/23 Public Works Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 2/21/2023 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer Packet Pg. 200 8.K.a ruget Sound November 10, 2022 Regional Council 1011 WESTERN AVENUE, SUfrE 500 SFATTI_E, WA 98104.1035 psrc.%g ''_ 206 464 7090 The Honorable Dana Ralph City of Kent 220 Fourth Avenue S Kent, WA 98032 Dear Mayor alph: Congratulations! I'm pleased to let you know that the City of Kent is receiving $6,157,500 in PSRC funding for the following projects: PROJECT AWARD FUNDING FUNDING AMOUNT SOURCE DEADLINE East Valley Highway Preservation (84th Ave South from S 212th St to S 196th St)$1,400,000 FHWA June 1, 2025 Meet Me on Meeker - Thompson Ave to Interurban Trail $4,757,500 FHWA June 1, 2025 The projects are part of a $5.4 billion Regional Transportation Improvement Program for 2023-2026 that was adopted by PSRC's Executive Board in October. Final approval by the Governor and federal funding agencies is expected in early 2023. This program includes a wide variety of investments over the next four years, addressing the needs of transit, state and local roadways, bicycle and pedestrian facilities, maintenance and preservation, and others. Your projects performed well in PSRC's merit -based project selection process, which identifies priority projects that will improve local and regional mobility and help achieve our long-range Regional Transportation Plan. Kudos to you and your staff for securing this funding. Thank you and your team for continuing to provide essential services to your community throughout the pandemic. I look forward to continuing to partner with you on efforts to help the region thrive for the long term. Sincerely, JI ` Josh Brown Gam^ Executive Director, Puget Sound Regional Council r I cc: Chad Bieren, Public Works Director Packet Pg. 201