HomeMy WebLinkAboutCity Council Meeting - Council - Regular Agenda - 3/21/2023 ^*4
KENT CITY COUNCIL AGENDA
• Tuesday, March 21, 2023
1--7KENT 7:00 PM
WASH I NGTON
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
i. Appointments to the Parks Commission
ii. Appointment to the Land Use and Planning Board
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
City Council Meeting City Council Regular Meeting March 21, 2023
7. PUBLIC COMMENT
The Public Comment period is your opportunity to speak to the Council and Mayor on issues
that relate to the business of the city of Kent 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 CityClerkokentwa.aov 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.go v.
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
Mayor@KentWA.gov and CityCouncil@KentWA.gov. Emails are not read into the record.
8. CONSENT CALENDAR
A. Approval of Minutes
i. Council Workshop - Workshop Regular Meeting - Mar 7, 2023 5:00 PM
ii. City Council Meeting - City Council Regular Meeting - Mar 7, 2023 7:00
PM
B. Payment of Bills - Approve
C. Accept the 84th Avenue South (East Valley Highway) Slump Repair
Project as Complete - Accept
D. Appointments to the Parks Commission - Confirm
E. Appointment to the Land Use and Planning Board - Confirm
F. Resolution - Washington State Puget Sound Acquisition and Restoration
Grant Application - Adopt
G. Neighborhood Parking Restrictions Ordinance - Adopt
H. Consultant Services Agreement with KBA, Inc. for Railroad Quiet Zone
BNSF Railroad Crossing Improvements - Authorize
I. Funding Agreement with King County Metro for a Non-Motorized Access
Grant - James, Smith, and Meeker Streets Sidewalks - Authorize
9. OTHER BUSINESS
10. BIDS
A. 2023 Asphalt Overlays - Award
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
City Council Meeting City Council Regular Meeting March 21, 2023
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.
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March 21. 2022 S
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ADMINISTRATION 0
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Administration Economic Development
• We were excited to welcome an almost full ECD's new Data and GIS Analyst is working a
house to the Mayor's annual state of the on new performance analysis tools for the W
city address at Kent-Meridian High School department's permit systems, as well as o
on March 14. Mayor Ralph shared many of undertaking updates to parcel data in 0
the great things that have been happening KIVA. Significant work is underway to
around the city and was honored to crosswalk data sets from Kiva to AMANDA.
recognize the members of the City's boards Economic Development facilitated
and commissions with our 2nd annual conversations amongst Kent Lions, Kent p
legacy award. If you were unable to attend Downtown Partnership, and Living Well
the event, you can listen to it on our Kent on cooperation around staging the L
KentNow podcast, or watch it on the city's Spring/Summer 2023 Farmer's Market in u
Facebook page, Youtube or on KentTV21. the historic downtown. `
• Interviews for our vacant Human Economic Development, along with
Resources Director position will be held the colleagues from several other nearby cities,
week of March 21 and we hope to have an continue to meet regularly on a joint King
offer out within the next few weeks. County plan for aerospace. The project,
Race and Equity funded by King County, is called Air and
• The next installment of our speaker series Space 2030, and is meant to uncover both o
has been scheduled; "Decoding Disability: opportunities and weaknesses of the area
Pathways to Allyship and Advocacy". as compared to other regions. Kent staff
Daphne Frias is a youth disability activist have been instrumental in lining up a
who has Cerebral Palsy and uses a interviews with company leaders,
wheelchair to ambulate. She is fiercely educational institutions, and their students,
proud to be a loud champion for the while also providing guidance on data and
disabled community. The Resident analysis to the consultant team.
presentation will be on April 26 from 7- Recommendations on ways to strengthen E
8:30 pm at the Green River Kent Campus, the County's position in the industry are
while the staff presentation will take expected late this Spring.
place April 27 from 10:30-12:00 in Council Economic Development attended and met
Chambers. with more than two dozen merchants at an E
• The Race and Equity team met with ELT event arranged by Kent Downtown U
members on March 20 to solidify the Partnership to provide updates and hear
internal structure for Title VI program. concerns on many issues affecting the
historic downtown.
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Lodging Tax Advisory Committee Activities transportation planning and private
• The Spring 2023 grant application window development in Kent. Staff are working to
opened March 1 and will close at midnight fill a vacancy on the board resulting from
on March 31. The committee will review Chris McClain's resignation in February due
applications received in April and announce to work schedule conflicts.
the winners in May. Current Planning
• There are still vacancies to be filled on this Current Planning has been busy processing a
most challenging to staff committee, as steady stream of new land use and
membership must be an even split between development permits, and recently the in
community members who generate lodging pre-application meeting schedule has been
tax revenues, and organizations whose full. There have been quite a few new
activities bring visitors to Kent. Information subdivision and short subdivision applications
and links to apply for either a seat on the coming in, new environmental permitting
committee or an LTAC grant can be found applications in the form of SEPA and critical )
here: areas report reviews, along with resubmittals o
https://www.kentwa.gov/government/boar on some significant on-going development
ds-commissions proposals. These on-going projects include: a
Long Range Planning Sound Transit/Transit Oriented
• ADU survey now available - we want to Development sites - recently the current
hear from you! Kent is updating its planning group has re-engaged on the light o
accessory dwelling unit (ADU) development rail line as on-going work progresses and
requirements to reduce barriers to new applications are coming in.
construct this housing option. Learn more The Sound Transit downtown parking
and complete a survey at facility - Sam Alcorn has been part of the w
engage.kentwa.gov/ADU. On February 25, work group making the final selection on 0
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staff attended the Kent Downtown bids for work on the project.
Partnership sponsored Meeker Street Nerd Staff is reviewing the first 90% design civil
Party to share information about the ADU plan packages for the Rapid Ride I-line T
code project and encourage survey project. E
responses. Surveys are available through The Astral Apartments (formerly Hawthorn a
the end of this month in English and Suites) have submitted their plans for civil a
Spanish in both electronic and paper improvements related to conversion of the
formats. long-term stay hotel to market-rate
• ECD staff have reviewed (and re-reviewed) apartment units.
over 30 proposed bills this legislative In addition to the on-going work in the Q
session. "Hot topics" related to planning department, first interviews will also take �
include: conversion of existing commercial place this week for the vacant Senior Planner
buildings for residential use, affordable position. �.
housing, permanent supportive housing,
utility shutoffs, missing middle and infill `o
housing, ADUs, Transit Oriented Bud et
Development (TOD), condo liability, impact �—
fees, SEPA changes, permit streamlining, The Budget Group is making final edits to 0
lot splitting, REET, and Comprehensive Plan the 2023-2024 Adopted Biennial Budget M
requirements addressing climate resiliency Book. Once the budget book is complete, r_
budget changes related to the AFSCME
and environmental justice. E
• The Land Use and Planning Board has been Teamsters and Non-rep COLA increases will c
busy reviewing potential ADU code be processed and uploaded into JDE. Final U
updates, providing input on the 2022 transfers have been calculated and
Comprehensive Plan Public Engagement will be posted soon.
Plan, and preparing for the Comprehensive
Plan update by learning about
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Customer Service Workday Issue Tracking Total Issue Reported
• Meter reader staff are continuing to test 270 (includes citywide and department specific
the software on cell phones that will be requests/issues):
replacing the current meter reading • Total Closed 188
devices. Readings manually entered on the • Total Open in Progress 35
phones are uploaded into the billing • Total Open 47
system. The hope is to be fully transitioned Workday January Statistics
to the new devices in the next few weeks. 8385 - total number of business process
Accounting and Reporting events initiated during the selected month. in
• Amazon Prime Business account set up is 359 - total number of business process
being finalized and will be available soon. events that were initiated by a manager
Further information and training materials during the selected month c
will be forthcoming. 146 - total number of business processes 0
• Please continue to reach out to completed including new hires, 0
accounting@kentwa.gov or terminations and job changes. o
accountspayableC�kentwa.gov regarding 74 - total number of employee benefits
13t" period adjustments and year-end business processes completed in the a
closing questions. selected month. This includes retirement
Tax and License savings changes, addition of dependents to
• As part of an ongoing commitment to an enrollment, new enrollments, and o
taxpayer outreach and education, a changes to eligibility.
notification process is in place to ensure Benefits
timely and effective communications to • GASB75 report has been completed
businesses. These notifications include • Working with CVS on system configuration w
courtesy reminder emails and notifications for ASCME and Teamsters CBA changes 0
as
of changes in B&O tax requirements. Be Well Wellness Points Challenge winners
r
• During the week of March 6, 2023, the Tax have been announced
Division sent a reminder e-mail notification 2023 Longevity recognition program
to approximately 1,300 businesses that plaques distribution in progress E
hadn't yet filed for their 2023 City business Protected leave audits and case a
license. This follows a November 2022 management
notification regarding commencement of • Secure 2.0 change requirements U
the 2023 relicensing period and included assessment
relicensing instructions. • Gathering information for state audit
follow-up questions Q
Labor
• Non-represented Salary Survey Project Yn
Workday • AFSCCE Labor Management Meeting on �.
• Configuration and testing contract changes March 14
for the 2023-2025 AFSCME and Teamsters
contracts. •
Communications training March 15 0,
• Salary surveys for AFSCME
• 2023 R1 Release -live as of March 3, 2023. Recruiting
• Reviewed HCM Tenant Analysis report with , Two employees starting on March 16: o
CVS Thomas Laur- Custodian (Parks), Robert
• Continue to configure and test contract Petersen- Comb - Building Inspector (ECD),
changes for the 2023-2025 AFSCME and Carl Burleigh was promoted to the E
Teamsters contracts. Environmental Compliance Inspector (TLT) E
• Workday 2023 R1 Release - Go Live was position in Public Works effective March 16. U
on 3/11/2023 - no signification changes Testing for Parking Enforcement Assistant
were made to the end user interface on March 20.
(Employee Self Service and Manager Self Interviews the week of March 13 for
Service). Accounting Technician in PW, Custodian
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and MW 3 in Facilities, and Contract massage businesses and enforcing state
Specialist (TLT) in IT. and local laws with respect to these
businesses.
• Testified in support of HB 1080, a bill the
Information Technology Projects City helped draft to address the significant
resources spent in responding to requests
• Tiburon Replacement - to replace the for body worn camera footage from
Police Department's end of life criminal defense attorneys through the Public
record management system, Tiburon, with Records Act. This bill would require defense Cn
a scalable solution that will integrate with attorneys who request body worn camera
other department systems for centralized footage to pay for redactions required by
management and secure/encrypted data the Public Records Act. Under current law,
share. The solution will streamline the the City cannot charge these requesters for 'o
current PD system landscape resulting in the substantial time and effort spent to L)
more efficient, accurate tracking of records redact body worn camera videos. This is of o
and maintenance contract savings, in particular concern because defense n
addition to aligning with citywide
attorneys automatically receive unredacted o
initiatives. Q-
• GolfNow Upgrade - to migrate the on copies of these same videos through the
discovery process.
premise GolfNow system to the providers Assisted the HR Department in a number of roo
hosted G1 environment. With this move we Q.
will be on GolfNow's supported platform sensitive employment and labor-related
which will allow us to upgrade the Assisted City departments in reviewing and a)
technology that it runs on at the Point-of- negotiating contract terms for a number of w
Sale locations. contracts related to construction, 0
Information Technology operational support technological, and development projects.
for March 03, 2023 to March 14, 2023 Assisted outside counsel on a number of
• Number of tickets opened - 121 cases currently in litigation.
• Number of tickets closed - 262 Worked with staff to acquire the property E
rights necessary to complete various a
projects throughout the City.
• Prosecution prepared 89 cases for jury trial L)
PARKS, RECREATION, AND
spread across 72 defendants. Preparing
these cases for trial required the criminal COMMUNITY SERVICES
division to contact 155 witnesses, conduct Q.
interviews, and review all evidence Recreation and Cultural Services
associated with each case. As part of this Volunteers are essential to the success of )
process, prosecutors reviewed body cam many Parks Department programs, but the a
footage that totaled more than 136 hours Senior Activity Center is particularly
in length, which is the equivalent of over dependent on these unsung heroes. In the `o
15 days of work for a single full-time month of February, over 2,900 hours of
employee. After careful preparations, 11 service were recorded by Senior Center
cases, spread across three defendants, volunteers while helping serve lunch, `o
have been confirmed for trial the week of managing the coffee bar, packing and
March 13. In one case, the City secured a delivering Meals on Wheels, leading
material witness warrant for a witness who activities, and assisting staff. Outside of E
has thus far failed to appear for trial. That the center, homebound seniors used their G
case will be readdressed by the Court later artistic talents to make over 300 items U
this week. such as hats and blankets to be distributed
• Responded to a request from the to those in need across the community.
Kennewick City Attorney's Office sharing Final preparations are underway for the
Kent's approach to addressing illicit 58th year of the elementary track
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program slated to kick-off on March 27. Facilities
Teams are forming at 28 elementary • Solar grant process for Senior Center is
schools, an increase of eight schools from underway. Timeline is 2023. The
last year! Registrations are still coming in, consultant, Sazan, has the full Solar +
but staff expect 1,400 girls and boys in Storage study underway.
grades 4-6 on opening day. Track meets • The gym partition wall at Commons has
will be held every Monday-Thursday been removed and the new drop-down
through May 4 at Wilson Playfield. The curtain was installed on 2/20/23.
season will culminate with the Junior Unfortunately, the wrong spec was sent so in
Olympic event at French Field on Saturday, it will be replaced when the correct spec
May 13. arrives.
• Kent Kids' Arts Day returned to the Kent Courthouse and Corrections generator c
Commons on Saturday, March 11 after a project is in a holding pattern for a while as
three-year pandemic hiatus. This highly the new generator is expected to now E
anticipated event posted the biggest arrive in May 2023, which is a month past o
number of participants in attendance in 10 the original date. We will continue to track
years! Over 500 kids and another 1000 this. o
parents enjoyed hands on projects ranging Senior Center Roof project is nearing
from Sumi painting and paper gliders, to completion. Additional work is needed this
recycled paper making and printmaking. spring/summer when we have dry, warm o
The art projects were led by professional weather. a
artists and supported by over 30 IT Annex remodel is complete and the IT
volunteers. Five youth performing groups team has been moving in. The new Service
presented music, drama, and dance from Desk is open over there. w
the stage. Contracting with Elevator Consulting 0
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• Elementary basketball concluded its ten- Services (ECS) for elevator modernizations
r
week season on March 4. The league was at Centennial Center.
comprised of 834 participants on 85 teams. A new commercial walk-in refrigerator for T
Scholarships to offset the cost of the Corrections is scheduled for install starting E
program were issued to 102 participants! 3/27/23. a
A program of this size requires a high level Kent Commons renovation plans are ;
of communication, coordination, and continuing to move along. L)
planning, along with recruitment, training Court room renovation plans are being
and scheduling of over 30 seasonal sports finalized. The architect had their permit
officials and gym supervisors. The success intake meeting last week. Q
of the program was also highly dependent Siemens contract is finalized and we're
on over 100 volunteer coaches and working with them to schedule the project.
assistants along with several thousand It will be a big implementation and both �.
supportive and cheering parents, family systems will run at the same time until the
and friends. This program would not be transition is complete. `o
possible without our Kent School District City Hall Campus generator controls
partner hosting hundreds of hours of upgrade is approved and moving into
practice time and 302 games in one high scheduling. It's for the PLC which stands o
school, three middle schools, and 22 for Programmable Logic Controller.
elementary school gyms, in addition to Centennial Center exterior reseal schedule E_
Kent Commons. Staff feel confident that has been pushed due to weather; it needs E
the program's primary goals were to continue to warm up for the process to E
achieved: kids are healthier, kids learned be performed properly. U
basketball skills, kids developed Starting to work on exterior painting
sportsmanship, kids enhanced their social projects for this summer.
skills and self-esteem, and KIDS HAD Maintenance is installing additional lighting
FUN. on the ground floor of the parking garage
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at Centennial Center. This should be shooting. There was some sort of dispute
completed in about two weeks. that occurred in the parking lot and a male
suspect ended up firing a rifle, causing
damage. The suspect got into a vehicle and
Significant Crime fled the scene.
Activities/Arrests/Investigations: On March 5, at 12:06 pm, officers were
• On February 28, at 6:24 am, officers were dispatched to a shooting in the 12000 block
dispatched to a burglary at the City Smoke of SE 2222nd PI. One male shot another
male during an argument and the suspect cn
Shop located at 417 Central Ave S. The fled on foot. A K9 track was conducted, but
incident occurred around 4:00 am when the suspect was not located.
the alarm company reported watching two On March 6, at 3:41 am, Patrol responded c
suspects breaking into the store. The to an illegal discharge at Driftwood 'o
suspects were attempting to take the U
safe. The suspects ended u taking around Apartments. Dispatch advised 3-4 gunshots
p p g were heard, then a vehicle sped away. 0
$1500 in cash along with e-cigarettes and Officers arrived and found two males n
pipes. armed with a rifle and a handgun. They o
• On March 1, at 7:06 am, Officers were were detained without further incident. One
dispatched to a report of a shooting in the subject said he showed up after the
area of 256th and 35th PI. A 17-year-old V-
incident. The other stated he interrupted o
male was in the street outside his house his car being prowled near the leasing 0.
a
with a gunshot wound. Medics transported office. He said there were several subjects W
him to Harborview. Witnesses reported involved. When he went to confront them, a)
hearing one gunshot, followed by a white he was armed with a handgun. When he w
vehicle fleeing the area. confronted them, one of the suspects 0
• On March 2, at 8:33 pm, officers were pointed a gun at him. The male said he
dispatched to a domestic assault within the fired three rounds from his handgun
Avante Apartments. The victim had been towards the subject pointing the gun at
severely strangled during an argument with him. The suspects then fled the area.
her boyfriend. The victim was sent to the . On March 6, at 3:50 pm, an officer was a
hospital for medical treatment. The suspect dispatched to a shooting that occurred a
was arrested. prior at Fire Station 71 located at 504 W
• On March 4, at 6:23 am, officers were Crow St. Employees located three bullet
dispatched to a robbery at the Starbucks holes in their building and one of the
located at 18016 71st Ave S. The employee V-
stated the suspect ordered a drink in the rounds struck one of their work 0.
0
drive-thru and came to the window. When vehicles. No one was injured.
the employee greeted the suspect, he On March 7, at 4:45 am, officers Y)
pulled out a gun, pointed it at the responded to two suspicious vehicles with
employee, and threw a bag at her the occupants damaging property at
demanding money. The employee ran away Meridian Car Wash. Officers attempted to >,
from the window and called 911. The contact a truck that was at the location,
suspect fled the scene without getting but it quickly fled the parking lot. They E
went to contact the other vehicle, but a o
anything from the business. :�
On March 4, at 3:31 pm, officers were male suspect took off running on foot.
• dispatched to an illegal discharge that Officers foot pursued the suspect and were
able to detain him in handcuffs. While E
occurred within the Benson 18 Apartments. Officers were frisking the suspect for c
Witnesses reported that a subject in the weapons, the suspect retrieved a handgun U
back seat of a vehicle had fired a gun from his waistband and pointed it at one of
multiple times at an apartment and then the officers. The suspect was quickly
fled the area. Multiple apartments and a disarmed without further incident.
vehicle had been hit during the
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• On March 7, at 8:31 pm, officers were Benson 18, when four suspects in masks
dispatched to a robbery at the Little got out of a vehicle behind them and fired
Caesars located at 27020 Pacific Hwy all the rounds at the victims.
S. The employee was working in the back On March 10, at 3:35 pm, officers were
and when she returned to the main area, dispatched to a stabbing at the Bowman
she saw the female suspect standing near Apartments. The suspect was yelling inside
the counter with a handgun at her side. her apartment, so the victim went over to
The suspect demanded money and the see if she was okay. After knocking on the
employee gave her the cash register tray door and getting no answer, the victim in
that had an unknown amount of money. went back to her apartment. Shortly after,
The suspect then fled on foot. the victim heard a knock at her door,
• On March 8, at 8:33 am, an officer opened it, saw the suspect was holding a c
responded to a shooting that occurred at steak knife and proceeded to stab her in 0
the Valli Kee Apartments. Two bullets had the arm. The suspect was taken into E
entered an apartment causing damage. No custody. o
one was injured. On March 11, at 9:36 am, officers were n
• On March 8, at 8:56 pm, officers dispatched to a robbery that occurred at a
responded to a stabbing at Phoenix Court the AMPM located at 13130 SE Kent
Apartments. The victim got into a verbal Kangley Rd. The suspect entered the store,
altercation with another male at a party pointed a gun at employees demanded o
within the complex. During the altercation, money from the register and from their
the victim was stabbed multiple times. back office. The suspect fled in a vehicle
Officers rendered aid with chest seals and with $6500 in cash.
King County Medic One transported the On March 11, at 1:22 pm, officers were w
victim to Harborview Medical Center in dispatched to a shooting at the Chandler's o
stable condition. The suspect fled on foot. Bay Apartments. The victim was walking r
• On March 9, at 9:51 am, officers were through the parking lot to his apartment,
dispatched to a robbery at the Little Deli when he saw a vehicle occupied by the T
Mart located at 19243 84th Ave S. Two male suspect consuming suspected E
suspects entered the business armed with narcotics. The victim told the suspect he a
a handgun and demanded money. One needed to leave. The suspect backed out a
suspect pointed the gun at the employee, and then fired at least one round at the L)
and she gave them $200 in cash from the victim.
register. The suspects fled and the victim On March 11, at 9:08 pm, officers were
was able to provide a description of the dispatched to Mardi Gras Apartments for a Q
suspect's vehicle. Welfare Check. There was a male laying in
• On March 9, at 11:50 am, officers were the road, yelling for help. The victim was
dispatched to an armed robbery at Java struck by a vehicle and the vehicle fled the a
Java located at 15218 SE 272nd St. The scene. Puget Sound Regional Fire Authority
suspect passed a note demanding money performed CPR for an extended time, but `o
and fired a round into the touchpad for the the victim succumbed to his injuries.
cash register. No one was injured. The On March 11, at 11:40 pm, officers were
suspect fled the area. dispatched to a Robbery at 7-Eleven `o_
• On March 9, at 10:51 pm, officers were located at 511 Central Ave S. A male
dispatched to an illegal discharge at the suspect entered the store with a gun and
Benson 18 Apartments. The incident demanded money. The suspect went E
occurred at the intersection of SE 223rd St behind the counter to confront the clerk c
and 110th Ave SE. There were at least 96 and took around $400 from the register. U
spent casings scattered around. Two The suspect then tried to take the victim's
females stated they were dropped off at wallet and keys. When the victim declined,
the intersection so they could walk across the suspect hit him with the handgun. The
the street to their apartment within the suspect eventually fled in a vehicle.
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• On March 11, at 11:52 pm, officers were 21 and was completed Thursday, March 2.
dispatched to a robbery at the 7-Eleven Results will be available two weeks
located at 26220 116th Ave SE. The male following the final monitoring event.
suspect entered the store armed with a King County Franchise Agreement: the
handgun and demanded money. The King County Franchise Agreement Renewal
suspect took around $400 from the cash Application renewal was submitted Friday,
register and was then seen leaving in a March 3. This agreement allows Kent to
vehicle. operate, maintain, repair, and construct
• On March 12, at 12:25 am, officers were mains, service lines and appurtenances of in
dispatched to a Robbery at the 7-Eleven its distribution system in, over, along, and
located at 1208 Central Ave N. The suspect under county roads and rights-of-way.
pulled out a handgun and told the victim to Cross Connection Control: Updated EPA c
put money in a bag. The suspect made off Guidance for Water Utility Service Line 0
with around $250 and fled in vehicle. Inventories - All systems will be required E
to compile an inventory for both current or o
PUBLIC WORKS historical lead levels or pipe materials used 4w
in the water distribution system, including o
ur service lines belonging to private property
• Land Survey field staff have provided
staking for 76th Ave. Improvements, West
owners and vacant/abandoned properties.
The purpose is to avoid partial o
Hill Reservoir and Russell Road Sidewalk Q.
projects. The Assistant City Surveyor is replacements during utility work, such as
overseeing the boundary and Lot Line
water main projects. Complete inventory is
Elimination work for the Kent East Hill due October 24, 2024.
Operations Center (KEHOC). The City • Boeing Rock Recreation and Habitat o
Surveyor has researched and written Enhancement: a)
o Salmon Recovery Funding Board grant
multiple legal descriptions for current round: Application submitted for the
projects in Design Engineering. Boeing Levee Setback Habitat
• Public Works GIS staff updated the storm & Restoration; project presentation and
sewer asset as-builts from multiple CIP
a
projects completed in the last few years. site visit on March 15.
Staff continue fulfilling public records o 2020-2025 Parks Levy grant - Open
requests, calculating impervious surfaces Space River Corridors applications due
for billing services, and providing support March 2023.
Planet Protectec tors Summit: The Planet
to PW Operations for Cityworks. The PW V_
GIS Supervisor continues assistance with Protector Summit is March 28 at Green
the recent Laserfiche migration for Public River College. Schedules are prepared and
Works record as-built plans. there are 482 students registered from six
different schools - five schools from Kent �.
• Environmental: School District and one from Federal Way
• NPDES Staffing: Carl (CI) Burleigh starts School District within Kent's city limits on `o
as an environmental compliance specialist the West Hill.
on Thursday March 16. Please stop by and Mayor's Homeless Task force/On-Call
say hi. He will be sitting in Matt c
Garbage Contract: o
McCullough's old office in the o Junk Hauler Request for Proposals was
Environmental Engineering section. advertised on March 7 and again on
• Surface Water Quality Monitoring: staff is March 14 in the DJC and city website. E
working with a consultant to complete Proposals will be due March 21. c
surface water quality monitoring to guide Cleanups are planned to begin in May. U
focused source control inspections and o The UPLIFT team continues to clean
provide baseline stream monitoring data designated areas of Kent, removing
for the Stormwater Management Action litter and dumping from right-of-way
Plan. Monitoring began Thursday, February areas. The team has removed roughly
Page 8 of 11
Packet Pg. 11
5.A
470 bags of trash since the program 2021 Asphalt Overlays: punchlist work
began last November. ongoing. Loops completed on Central &
o Staff continues to work with PD and Meeker and at 108t" & 240t".
PWO in identifying encampments and Channelization on Woodland is currently
updating the SeeClickFix system. scheduled for March 16.
Desicirv. 6MG1 Reservoir Recoating and Vent
• HSIP - 108th Ave SE & SE 264t" St - Replacement: scaffold erectors are on site
Compact Roundabout: Construction Fund modifying scaffold to accommodate
obligation documents sent to WSDOT for reinstallation of tank containment. Exterior in
processing. painting currently expected to conclude
• 2023 Watermain Upgrades: Preparing final early/mid-April, weather pending. Currently
watermain contract documents. James the contractor is on track for tank to be c
Street Storm improvements to be included back online by May 1. 0
in the project. James Street Storm • 2022 Sanitary Sewer CIPP Lining: E
submitted SEPA for increased stormwater insituform currently scheduled to begin line o
capacity. Coordinating provisions to ensure cleaning work March 20. Working on
James storm work to occur in summer change order 1 adding two locations; 98 LF a
month(s). Watermain pipes expected to on SE 239t" line and 343 LF in the alley
have a long procurement time. between 1st and 2nd Ave off James in North
• HSIP - Road Diet Locations: 90% Review Park. o
0.
comments received March 10, and work to • S 240t" Street and Russell Road TIB
incorporate is in process. Sidewalk Improvements: ACI continues
• Washington Ave Pumpstation: 90% review work on Hogan Park. Paving completed in
expected to be distributed mid-March. Hogan Park and shoulder widening on w
• Reith Road - Vicinity S 253rd St to SR 516: Russell Road at park frontage completed o
Progressing grading design to discuss March 10. Work along S 240t" in front of r
impacts with property owners (easements). Operations building has begun. Worked on
Preparing documents for SEPA. pavement removal, clear and grub and T
• Linda Heights: Design making final storm installation week of March 13. E
revisions to site plans in preparation to a
submit to permitting department. a
Construction:
tU
• West Hill Reservoir: civil site work is
ongoing. Fencing subcontractor was on site
placing posts week of March 13. Crews to Q
work on installing water service line. PSE to
set transformer and set meter this week.
L
_ * G
Streets: o
• Street Maintenance cleaned the sidewalks
on S 228t" St, swept the sidewalks with the
Sidewalk Sweeper at Central Ave N and E
prepared for pouring, poured and backfilled c
new sidewalks at S 208t" St. U
• Signs and Markings updated the
information into the Geographic
Information System (GIS), installed bases
and signs on Frager Rd S, 5' Ave S, 3rd
Page 9 of 11
Packet Pg. 12
5.A
Ave N, W Titus St and at SE 279t" St, Source, Supply and Pumpstations:
installed bases and removed warning flags Source and Supply staff conducted Fire
at S 216t" St, installed signs on 2nd Ave N, Department training at the Cambridge
fabricated signs and located for sign tank, drone flyover of the water sheds
replacement, performed walk thru for Citywide, inspected the eastern fence lines
Goodard School and Sunrise View South and transmission main trail, prepared sites
Plat, and performed sign maintenance at for the rebuild of Cal-Valves by GC
various locations Citywide. Systems, ran offline wells, performed the
• Solid Waste cleaned up debris in several 1St quarter Wellhead sample collection, in
locations including along 116t" Ave SE and installed a hot water tank and caustic
Bridges Ave S. delivery to Pumpstation #5, cleared area
• Water Vegetation cleared debris and for new fencing and gates at the Clark
pruned trees at Pumpstation #5, Kent Springs east property, installed a new 0
Springs, the 212t" Treatment Plant, 208t" booster pump at Kent Springs, Pressure E
well, Blue Boy tank, 640 zone tank, East Reducing Valve (PRV) and offline station o
Hill well, West Hill sites, O'Brien well, checks at various locations Citywide,
Summit Reservoir, Webster Park and chlorine delivered to the East Hill well, a
Armstrong Springs. worked on the 2022 Water Quality Report,
• Street Vegetation staff repaired the and contractor performed annual
irrigation in the plant beds in front of the maintenance on the gas chlorination o
Storm/Sewer portables, met with equipment. a
contractors for the tree removal at Clark SCADA staff conducted conduit locates and
Springs, and edged the sidewalk on both prepared for the pump install at GRNRA
sides of Kent Kangley Rd. North, worked with contractors on SCADA w
• The Sidearm crews edged the sidewalks on upgrades, wiring work at the Frager 0
a�
both sides of Kent Kangley Rd. Pumpstation, programmed the Hypo fail >_
r
• Wetland Mitigation crews planted at the alarms, finalized the grounding for the
Downey site and replaced the ground fabric 212t" Treatment Plant, replaced the
at the GRNRA nursery. Uninterrupted Power Supply for VHF radios •E
Water/Sewer: in the Pumpstation #5 radio building, a
• Water staff continued the water main downloaded SCADA backup to the Program ;
cleaning on the Kent East hill area of 100t" Logistic Controller, and worked on the L)
Ave SE from S 242nd PI to SE 248t" St. annual Water Use Efficiency, Lost Water
Staff are also replacing air-vac vents in the and Habitat Conservation Plan reporting.
Seven Oaks development on the East hill. Pumpstation crews cleaned the wet well Q
Staff continued to work with contractors on with the Vactor, electrician installed wiring,
development projects with chlorine Muffin Monster, Xylem bypass set up, )
injection and new constructions grouted the exterior seam of the wet well, �.
bacteriological sample collection for new back filled the trenches, started up the
water mains. Fire hydrant maintenance is grinder, and cleaned up the Frager `o
ongoing from vehicle damage and issues Pumpstation.
found during exercising. Storm/Sewer/Drainage Vegetation:
• Sewer staff continued line cleaning on the Storm crews changed out manhole covers o
East Hill in multiple locations on SE 236t" PI at 84t" Ave S and at 108t" Ave SE, dug out ma
from 100t" Ave SE to 112t" Ave SE and on ditches at 116t" Ave SE, repaired the catch a
SE 272nd St from 104t" Ave SE to 108t" Ave basin at 13111 Ave SE and hauled Vactor E
SE. Sewer line video inspection is occurring spoils. Performed control structure and c
in the area of 112th Ave SE and SE 2671" permeable pavement inspections and U
PI. Staff are also assisting the Utility repairs at various locations Citywide, crews
Pumpstations with the wet well cleaning. also performed National Pollutant
Discharge Elimination System (NPDES)
assessing on W Smith St, W James St,
Page 10 of 11
Packet Pg. 13
5.A
Central Ave N, S 2281" St, and pumping on
S 228t" St, Central Ave N and E Meeker St.
• Wetland Maintenance worked on fence
repairs at Pacific NW Equipment on 72nd
Ave S, Rhododendron Estates on 124t" Ave
SE, Russell Road Wetland on S 228t" St and
at Tudor Square on 114t" Ave SE.
Inspected wetlands for transient activity
and removed litter as necessary at Birk on in
S 260t" St, Maplewood Grove on 108t" Ave
SE, Redondo on 27t" Ave S, Signal Electric
on 3rd Ave S, 72�d Ave Diversion Channel c
on 72nd Ave S, Horseshoe Bend on 80t" Ave 0
S, the GRNRA bike path, South Tower, the E
196t" Corridor Wetland on S 196t" St and at o
ShoWare Center on W James St. n
• Holding Pond crews removed trees from a
Mack Park on 112t" Ave SE, removed a tree
with the bucket truck on S 23151 St, mowed
and line trimmed at Eastmont on 1081" PI o
CL
SE, pruned hedges of frontage at Sunnfjord
on 117t" Ct SE, removed graffiti from
retaining wall at Breanna's Vista on 901" PI
S and from Meagan's' Meadow on SE 234t" w
St, and treated stumps with herbicide at 0
the 277t" Corridor Bioswale on SE 273rd PI, r
Roytberg on 138t" PI SE, Orme on SE 256t"
St, Summer Glen Division 1 on SE 223rd Dr
and at Misty Meadows on SE 232r'd PI. E
Fleet/Warehouse: a
• The Warehouse crew continued to assist
with CDL training, maintained the shops L)
yard, keeping it clean and free of litter and
debris, cleaned and maintained the wash
rack, washed and vacuumed motor pool Q
vehicles, issued personal protection
equipment (PPE) and motor pool vehicles
to staff and hydrant meters and public a
notice boards to contractors, repaired small
equipment as needed, received parts and `o
inventory orders and hauled spoils as time
and equipment were available.
• Fleet staff worked on receiving, ordering, `o_
and setting up new vehicles for service,
building new vehicles for Storm, Streets
and Cross Connection, removed vehicles E
from service and prepared for auction, c
prepared the mowing equipment, write-up U
for City repairs and scheduled and
nonscheduled repairs.
Page 11 of 11
Packet Pg. 14
8.A.1
Pending Approval
City Council Workshop
• Workshop Regular Meeting
KENT Minutes
WASH IN G 7 0 N
March 7, 2023
Date: March 7, 2023
Time: 5:00 p.m.
Place: Chambers
I. CALL TO ORDER
Council President Boyce called the meeting to order.
Attendee Name _ Title _ Status Arrived
Bill Boyce Council President Present 4-
0
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Excused 0
0
Marli Larimer Councilmember Remote a
Zandria Michaud Councilmember Present Q
Toni Troutner _ Councilmember Present 2
Les Thomas Councilmember Present a
0
0
II. PRESENTATIONS M
1 Riverbend Complex Update Parks Staff 60 MIN. N
Half Lion
Representatives
4-
0
Parks Director, Julie Parascondola introduced the update to the Riverbend
Golf Complex.
Riverbend Golf Complex completed adjustments in their business model and
is now operating at sustainable profit and will need another 2 years to
officially confirm user and financial trends. a
a�
Revenue, expenses, profit and number of rounds for years 2017-2022 were Q
reviewed. a
r
• Success is due to a combination of more/new golfers, strategic pricing and
increases, new driving range and hard work
• Paid off 100% of the general fund loan to support past golf operations
• Per City Policy, the Riverbend Golf Fund should maintain a 16% fund balance
equal current year budgeted expenses or $400,000, whichever is higher
• Capital fund balance for 2022, heading into 2023 = $1,193,000
• Hard work and intentional policy decisions helped turn the golf course around
into a profitable business with no general fund (taxpayer) reliance
• Finally have stability in a long-term restaurant concessionaire with Half Lion
Public House
• 67% of 12 months were profitable (8 of 12)
• Riverbend Men's Club is hovering around the 300-350 members yearly and to
Packet Pg. 15
8.A.1
City Council Workshop Workshop Regular March 7, 2023
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
date this year, membership is up 29 % over 2022
• Riverbend Ladies Club is hovering around 100-125 members and have seen
significant growth in members and tournament participation in recent years
• Riverbend hosted over 100 small groups/ tournaments in 2022, inclusive of the
Seattle Fire Department and the Fir State Golf Club
• Riverbend does not track golfer demographics, however, golfers range in age
from 5 years old up to mid-90's, of all races/cultures. We have seen an influx of
"new" golfers during and after the pandemic and are working diligently to retain
their repeat business
Half Lion Original Lease Terms c
• Opened Half Lion Public House June 2019 (6 months later the pandemic hit)
4-
• 2022 is the first year they've been open a full year with no operating restrictions °
• Lease Term = 10 Years plus three (5) year options to renew o
• Rent = $3,000 per month = $36,000 per year a
• Utility consumption in addition to lease payment, based on formula Q
• Tenant responsible for all taxes and fees, including 12.84% leasehold tax
• $5,000 security deposit on file a
• 3% CPI growth each annual renewal o
• At each option to for extension, a market adjustment is reviewed (3-6% M
increase) N
0
N
ti
Formal Lease Amendment in August 2021 to address pandemic impacts:
• Lease waiver until 2 months after full restaurant restrictions relaxed - $54,000
loss to Riverbend c
• Suspended CPI inflation adjustment until 2023. This begins in June, 2023.
• Utility deferment and payback (5 years with 8% interest)
• Total utility deferment of$36,013 and as of 11112023 they still owe $26,232.
• The payback schedule is for 60 months or 5 years at a rate of $730.22 per
month.
r
• Half Lion hasn't missed a payment and has paid back 28% of their deferment
to date.
Q
Jason Nelson, Owner of Half Lion Public House talked about his appreciation 2
of the support Half Lion has received from the City and community.
• Good partnership and collaboration with Riverbend staff
• Nelson talked about what Half Lion is looking to do at the Driving Range
Nelson announced the unveiling of the new style of cans - Albert's Amber -
named after the grandfather of Jason Nelson.
Pete Peterson, Manager at the Riverbend Golf Complex presented key
accomplishments:
• First full year of a complete operation for the Golf Complex since 2017
• First year that the Golf Complex was profitable under the Golf Complex Business
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 4 Packet Pg. 16
8.A.1
City Council Workshop Workshop Regular March 7, 2023
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
Plan
• Over 65,000 rounds of golf were played at the 18 Hole Golf Course
• New fleet of golf carts
• Hosted the Washington Junior Golf Association World
• Partnered with the Kent School District and hosted our first Cross Country meet
in October (goal to begin expanding public use, outside of golf, when applicable)
• Riverbend hosted the Half Lion/Green River College fundraising tournament
• Riverbend also hosts the DGA Golf League, the Holeouts Golf League(Boeing),
the BB League, the Aero Golf League(Boeing), the City of Kent Golf League and
the Highline Golf League.
• Riverbend is the home course for four local area high school golf teams (Kent c
Meridian, Thomas Jefferson, Mount Rainier, and Seattle Christian)
4-
• There were more than 8,000 volunteer marshal hours °
• Over the past 22 years, the Riverbend 18 Hole Golf Course continues to be one o
of the busiest and most popular golf courses in the Northwest a
a
Q
• 2022 Operating Challenges:
• March 4th the 14th hole was flooded for several days a
• Poor weather in May with nearly twice the normal rainfall o
• June 17th the Driving Range's west entrance was smashed into resulting in a M
loss of over $10,000 in inventory and damage to the facility o
• July 25th there was a fire in the one of the back offices at the Driving Range
resulting in over $85,000 of damage
• October 2nd the on-course restroom on the 15th hole was damaged by fire
• November 9th the well pump shed was stolen c
• Golf course was closed for 15 days in December due to weather
• December 24th the golf course was flooded out
All year, continually dealing with escalating vandalism/damage, break-in attempts
iv
Driving Range Performance: r
• The Driving Range Remodel Project started in February of 2020 and was
completed in August of 2021. Q
• Total cost of the three-phase driving range improvements = $4,640,315
• Paid for Riverbend's portion of the Meet Me on Meeker frontage
improvements
• Took up significant portion of original Par 3 sale - capital allocation (due to 3
phases)
• The Driving Range now has over 50 stalls, an enlarged range field, new
lighting, and a remodeled Pro Shop
• In 2022, there more than 9,400,000 balls hit at the Driving Range
• In 2022, the Driving Range exceeded budgeted revenue expectations by more
than 20%
2023-2024 Work Plan Highlights:
• Operating the course 364 days a year, targeting over 65,000 golf visits
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 4 Packet Pg. 17
8.A.1
City Council Workshop Workshop Regular March 7, 2023
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
• Operating policy updates to address SAO audit feedback
• New Point of Sale System (GolfNow), estimated launch in June
• Re-branding of the Golf Course, giving it a new look
• New flags, flagsticks, tee markers, tee signs, and yardage posts
• New benches, garbage cans, and divot mix containers
• Drainage improvements to the front of greens
• Irrigation control system upgrades
• Sprinkler head replacement
• Resurfacing and leveling tee boxes
• Additional bunker sand
• Parking lot and clubhouse landscaping improvements c
• Replace the on-course restrooms
• Cart path repairs 0
• Driving range field improvements c
• Driving Range net repairs 0.
0.
a
Petersen recognized all of the Riverbend staff and expressed appreciation of
their hard work and dedication to the golf complex. a
0
0
Petersen indicated they need to do a survey to see where golfers reside. M
N
0
Councilmembers expressed appreciation of the work of Parascondola and her N
team to make Riverbend a sustainable model. L_
0
Meeting ended at 5:40 p.m.
0
Ki, Le,y A. Ko-vvwtcr
City Clerk
c
0
a
as
U
a
N
N
r
7
C
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 4 of 4 Packet Pg. 18
8.A.2
Pending Approval
Kent City Council
• City Council Regular Meeting
KENT Minutes
WAS M IN G 7 0 N
March 7, 2023
Date: March 7, 2023
Time: 7:02 p.m.
Place: Chambers
1. CALL TO ORDER/FLAG SALUTE
Mayor Ralph called the meeting to order. a
c
2. ROLL CALL
Attendee Name 1Titie Status Arrived o
Dana Ralph Mayor Present @
Bill Boyce Council President Present 0
L
Brenda Fincher Councilmember Present a
Satwinder Kaur Councilmember Excused �-
Marli Larimer Councilmember Remote
a
Toni Troutner Councilmember Present o
0
Les Thomas Councilmember Present ti
Zandria Michaud Councilmember Present N
0
N
3. AGENDA APPROVAL
L
A. I move to approve the agenda as presented.
0
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Boyce, Fincher, Larimer, Troutner, Thomas, Michaud
c
c�
0.
4. PUBLIC COMMUNICATIONS
U
A. Public Recognition y
as
r
i. Employee of the Month
Mayor Ralph recognized Tony Cameron as the City's March Employee of the
Month.
ii. Appointment to the Civil Service Commission
Mayor Ralph recognized Charlie Mitchell as her recommended appointment to
the Civil Service Commission and requested the Council confirm her
appointment.
B. Community Events
Council President Boyce provided upcoming events at the accesso ShoWare
Packet Pg. 19
8.A.2
Kent City Council City Council Regular Meeting March 7, 2023
Minutes Kent, Washington
Center and welcomed the public to attend events, including the Thunderbirds
Hockey games.
Councilmember Fincher advised of upcoming Spotlight Series events and
invited the public to participate in upcoming recycling events and the Team-
up-to-Clean-up event in May.
S. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report and Chief Administrative Officer's Report
Mayor Ralph advised the Chief Administrative Officer's Report is included in
today's agenda packet and there is no executive session tonight.
4-
Mayor Ralph announced the Kent 101 civics program is underway. 0
0
Mayor Ralph serves on the Puget Sound Regional Council Executive a
Committee and Board that recently discussed safe streets grants and Q
available funding. Mayor Ralph advised Kent was selected as a grant
recipient. a
0
0
Mayor Ralph advised of recent visits to local schools. M
N
0
Mayor Ralph conveyed there is a new Police Department program called the
"Take me Home program." The Take Me Home Program was designed for the �
safe return of loved ones who may have difficulty communicating or may
4-
need special assistance during an emergency situation. This kind of 0
assistance may be needed if the person is unable to speak or properly
identify themselves, or if they become disoriented or act in a manner that
could be misinterpreted by first responders.
If a person registered in the system is encountered by a police officer, the
officer can query the database searching by name, physical description or r
unique characteristics. Once their record has been located the officer has the
information at-hand to appropriately assist the person. Q
This program is for individuals with autism, Down syndrome, developmental
or cognitive disabilities. It is also intended to assist senior citizens who
suffer from dementia or Alzheimer's.
B. Councilmembers' Reports
Council President Boyce serves as the chair of the Operations and Public
Safety Committee and provided a recap of today's agenda item.
Boyce serves as the chair of the City Council Workshop and provided a recap
of today's presentation on the Riverbend Golf complex.
Councilmember Michaud serves as the chair of the Parks and Human Services
Committee and provided an overview of the agenda items from the March 2nd
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 6 Packet Pg. 20
8.A.2
Kent City Council City Council Regular Meeting March 7, 2023
Minutes Kent, Washington
meeting.
Councilmember Troutner serves on the Regional Transit Committee that hear
a presentation from King County Metro on the new Metro Flex program.
Councilmember Fincher serves on the Puget Sound Regional Council's Mental
Illness and Drug Dependency Committee that recently discussed the four
emerging needs programs that received grants. The Committee also received
a briefing from the Community Crisis Assistance Team.
6. PUBLIC HEARING
c
None
4-
0
7. PUBLIC COMMENT
0
Cliff Cawthon, a Kent Resident provided remote public comment relating to a
the Race and Equity Strategic Plan and requested revisions to add a robust Q
housing program to create affordable and middle housing.
a
S. CONSENT CALENDAR o
r�
I move to approve Consent items A - K. N
0
RESULT: APPROVED [UNANIMOUS] ti
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember —
AYES: Boyce, Fincher, Larimer, Troutner, Thomas, Michaud
A. Approval of Minutes
i. Council Workshop - Workshop Regular Meeting - Feb 21, 2023 5:00 PM
ii. City Council Meeting - City Council Regular Meeting - Feb 21, 2023 7:00 a
PM
B. Payment of Bills - Approve N
a�
MOTION: I move to approve the payment of bills received
through 1/15/23 and paid on 1/15/23 and bills received
through 1/31/23 and paid on 1/31/23; approve the checks
issued for payroll 1/1/23 - 1/15/23 and paid on 1/20/23 and
checks issued for payroll 1/16/23 - 1/31/23 and paid on
2/3/23, all audited by the Operations and Public Safety
Committee on 2/7/23; approve the payment of bills received
through 2/15/23 and paid on 2/15/23 and approve the checks
issued for payroll 2/1/23 - 2/14/23 and paid on 2/17/23, all
audited by the Operations and Public Safety Committee on
2/21/23.
C. Excused Absence for Councilmember Kaur - Approve
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 6 Packet Pg. 21
8.A.2
Kent City Council City Council Regular Meeting March 7, 2023
Minutes Kent, Washington
MOTION: I move to approve an excused absence for
Councilmember Kaur for the City Council meeting of March 7tn,
2023.
D. Appointment to the Civil Service Commission - Confirm
MOTION: I move to confirm the Mayor's appointment of Charlie
Mitchell to serve the remainder of the six-year term on the Civil
Service Commission that was recently vacated by Jeff
Piecewicz, for a term will be effective March 8, 2023 through
April 30, 2024.
E. Collaborative Solutions, LLC Agreement for Workday Lean-on
Services Support - Authorize and Ratify 2
4-
MOTION: I move to amend the City's Master Services °
Agreement with Collaborative Solutions, LLC to include one- o
year of Workday Lean-on Services Support, at a cost of a
$71,300, to provide that future change orders and statements Q
of work be authorized according to the amended value of all
work performed under the Master Services Agreement, and to a
ratify all prior agreements, change orders, and statements of
work with Collaborative Solutions, LLC, subject to final terms M
and conditions acceptable to the Human Resources Director N
and City Attorney.
F. Resolution Adopting the Equity Strategic Plan - Adopt M
4-
MOTION: I move to adopt Resolution No. 2058, to adopt the
Race and Equity Action Plan, which establishes specific actions
necessary to ensure government policies and practices are
equitable for all persons who live, work, and visit Kent.
ai
G. 2023-2027 City Art Plan - Adopt
r
MOTION: I move to adopt the 2022-2027 City Art Plan.
H. Community Development Block Grant 2023 Annual Action Plan Q
- Approve
r
MOTION: I move to approve the Community Development Block
Grant 2023 Annual Action Plan, including funding allocations
and contingency plans and authorize the Mayor to execute the
appropriate certifications and agreements subject to final
terms and conditions acceptable to the Parks Director and City
Attorney.
I. King County Parks Capital and Open Space Program - Capital
Project Grant Agreement (Morrill Meadows Park) - Authorize
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 4 of 6 Packet Pg. 22
8.A.2
Kent City Council City Council Regular Meeting March 7, 2023
Minutes Kent, Washington
MOTION: I move to accept grant funds in the amount of
$500,000.00 from the King County Parks Capital and Open
Space Program for the Morrill Meadows Park Renovation
Project, 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.
J. King County Parks Capital and Open Space Program - Capital
Project Grant Agreement (Salt Air Vista Park) - Authorize
MOTION: I move to accept grant funds in the amount of
$338,000.00 from King County Parks Capital and Open Space
Program for the Salt Air Vista Park Renovation Project, amend 4-
the budget, authorize expenditure of funds, and authorize the °
cu
Mayor to sign all necessary agreements and other documents, o
subject to terms and conditions acceptable to the Parks a
Director and City Attorney. Q
K. King County Parks Capital and Open Space Program - Capital a
Project Grant Agreement (Regional Trails Enhancement o
Project) - Authorize r�
M
MOTION: I move to accept grant funds in the amount of N
$206,437.00 from the King County Parks Capital and Open
Space Program for the Regional Trails Enhancement Project,
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.
9. OTHER BUSINESS
c
None
a
a�
10. BIDS Q
A. 2023 Crack Sealing - Award 2
c
Public Works Director, Chad Bieren presented the 2023 Crack Sealing bid and
recommended awarding to Huizenga Enterprises, LLC.
MOTION: I move to award the 2023 Crack Sealing Project to
Huizenga Enterprises, LLC in the amount of $186,455.88 and
authorize the Mayor to sign all necessary documents, subject to
final terms and conditions acceptable to the City Attorney and
Public Works Director.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 5 of 6 Packet Pg. 23
8.A.2
Kent City Council City Council Regular Meeting March 7, 2023
Minutes Kent, Washington
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Brenda Fincher, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Boyce, Fincher, Larimer, Troutner, Thomas, Michaud
B. Morrill Meadows Park Renovation Bid - Award
Park Planning and Development Manager, Terry Jungman presented the
Morrill Meadows Renovation Project scope, schedule and budget and also
detailed the public engagement during the planning process. Jungman
recommended awarding the bid to Harkness Construction, LLC. ;
c
MOTION: I move to award the Morrill Meadows Park
Renovation project to Harkness Construction, LLC in the o
amount of $1,599,753.00, including Washington State Sales
Tax, and authorize the Mayor to sign all necessary documents, 0
a
subject to final terms and conditions acceptable to the City
Q
Attorney and Park Director.
a
RESULT: MOTION PASSES [UNANIMOUS] c
MOVER: Zandria Michaud, Councilmember ti
SECONDER: Toni Troutner, Councilmember c
AYES: Boyce, Fincher, Larimer, Troutner, Thomas, Michaud `~
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11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 4-
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None
12. ADJOURNMENT
Mayor Ralph invited the public to attend her State of the City on March 141"
at 7 p.m. at the Kent Meridian Performing Arts Center.
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Mayor Ralph adjourned the meeting. Q
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Meeting ended at 7:37 p.m. c
Ki- lP.y A. KoTno-to-
City Clerk
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 6 of 6 Packet Pg. 24
8.6
KENT
WASHINGTON
DATE: March 21, 2023
TO: Kent City Council
SUBJECT: Payment of Bills - Approve
MOTION: I move to approve the payment of bills received through 2/28/23
and paid on 2/28/23 and approve the checks issued for payroll 2/16/23-
2/28/23 and paid on 3/3/23, all audited by the Operations and Public
Safety Committee on 3/7/23.
SUMMARY:
Approval of payment of the bills received through: 02/28/23
and paid 02/28/23
Approval of checks issued for Vouchers:
Date Document Numbers Amount
02/28/23 Wire Transfers 9593 9603 $2,151,799.39
02/28/23 Regular Checks 767803 768109 $4,269,294.60
02/28/23 Payment Plus 104865 104896 $73,394.42
Void Checks $0.00
Void Payment Plus ($2,202.00)
02/28/23 Use Tax Payable $910.14
Total Accounts Payable: $6,493,196.55
Approval of checks issued for Payroll: 2/16/23-2/28/23
and paid 03/03/23
Date Document Numbers Amount
03/03/23 Checks $2,322,137.93
Voids and Reissues $0.00
03/03/23 Advices FR&P 463525 463532 $7,205.82
Total Payroll: $2,329,343.75
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Packet Pg. 25
8.B
03/07/23 Operations and Public Safety Committee MOTION
PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 3/21/2023
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner
Packet Pg. 26
8.0
KENT
WASHINGTON
DATE: March 21, 2023
TO: Kent City Council
SUBJECT: Accept the 84th Avenue South (East Valley Highway)
Slump Repair Project as Complete - Accept
MOTION: I move to accept the 84th Avenue South (East Valley Highway)
Slump Repair Project as complete and release retainage to Active
Construction, Inc. upon receipt of standard releases from the State and the
release of any liens.
SUMMARY: This project consisted of repairing an existing slump on East Valley
Highway, adjacent to Les Schwab Tires and Tacoma Screw Products. The existing
pavement was removed and the roadway was rebuilt to raise the road, adjacent
sidewalk and driveways to original elevations. In addition to the roadway repair,
this project exposed the existing 16" diameter watermain to inspect its condition, to
remove and replace 8" diameter water lines and associated infrastructure that
serve the two adjacent businesses, and to repair a leaning luminaire.
The final contract total paid was $446,338.79 which is $20,127.21 under the
original contract amount of $466,466.00.
BUDGET IMPACT: The City entered into an agreement for reimbursement from
King County Metro Sewer which covered all construction costs for this project not to
exceed $800,000.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Packet Pg. 27
8.D
KENT
WASHINGTON
DATE: March 21, 2023
TO: Kent City Council
SUBJECT: Appointments to the Parks Commission - Confirm
MOTION: I move to confirm the appointment of Miriam Alvarez-Pintor and
Suzanne Smith each to an initial three-year term on the Kent Parks and
Recreation Commission from March 21, 2023 through March 20, 2026.
SUMMARY: The Kent Parks and Recreation Committee was created to foster local
input on the strategic planning efforts that influence Kent's parks and recreation
system and provide guidance on the following:
• Ways to advocate public support, involvement, and funding of Kent parks,
facilities, and programs;
• Opportunities to engage the public in decisions affecting Kent parks, facilities,
and programs;
• Budget recommendations for the acquisition, development, and operation of
parks, facilities, and programs;
• Policy recommendations;
• Comprehensive parks and trails planning;
• Priorities for the acquisition of land and/or facilities;
• Development, design, and operation of parks, facilities, and programs;
• Capital improvements planning;
• Rules, regulations, or other restrictions applicable to parks, facilities, and
programs;
• Concessions at park facilities;
• Contracts, interlocal agreements, and lease agreements regarding parks and
recreation activities; and
• Other matters that the mayor or city council, or parks director, may refer to the
parks and recreation commission for its consideration and recommendation.
After an extensive recruitment process that included social media posts, Mayor's
newsletter and emails to community-based organizations, in February of 2023,
both Miriam Alvarez-Pintor and Suzanne Smith were interviewed by the Director of
Parks, Julie Parascondola, and the Parks Commission Chair and Co-Chair and were
selected to advance for final review by Mayor Ralph.
Miriam Alvaraez-Pintor is a newer resident of Kent and would like to serve in order
to become more involved in her community and to see the city flourish.
Packet Pg. 28
8.D
Suzanne Smith is interested in local government issues and desires to serve her
community. She has previously served on the Kent Arts Commission, Valley Cities
Counseling and Consultation Board of Directors, City of Kent Transportation
Committee and the Citizen's Advisory Group on Park Infrastructure.
Mayor Ralph is pleased to recommend appointing Miriam Alvarez-Pintor and
Suzanne Smith to the Kent Parks and Recreation Commission each to three-year
term expiring March 20, 2026.
Packet Pg. 29
8.E
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KENT
DATE: March 21, 2023
TO: Kent City Council
SUBJECT: Appointment to the Land Use and Planning Board - Confirm
MOTION: I move to confirm the Mayor's appointment of Bryan Kesterson to
the Land Use and Planning Board to fill a vacancy for a term ending
December 31, 2024.
SUMMARY: The Kent Land Use and Planning Board (LUPB) was created to operate
as part of the Economic and Community Development Department and advise City
staff on significant land-use policy decisions. The council has designated the LUPB
to hold public hearings on comprehensive plan formulation and amendments, land
use policy, annexation zoning, subdivision code, zoning code, and other
development-related code amendments.
There is one vacancy on the LUPB to fulfill the remainder of the term vacated by
Chris McClain on February 27, 2023. This term ends on December 31, 2024. Bryan
Kesterson is nominated to fill the remainder of this position and will be eligible to
serve two additional terms if reappointed.
Bryan Kesterson lives on Kent's East Hill, just north of Clark Lake Park. He has been
a Kent resident for over 32 years. As a retired Human Factors Engineer, he is adept
at analyzing how people interact with technical systems and finding solutions which
meet human needs while working within constraints. Bryan is an alum of Kent 101
and is passionate about contributing to the community he feels has given him so
much over the years. He is looking forward to incorporating community input to
help Kent continue to be a thriving, prosperous community.
Bryan Kesterson was selected from an applicant pool, in accordance with Kent City
Code 2.50.060. The November 2022 request for LUPB applicants included an
extensive recruitment process with promotion on the City's webpage, social media
posts, and inclusion in the Mayor's newsletters. Staff also sent notification of
commissioner openings directly to existing board commission members, the
complete database of recent applicants, Cultural Community board members, the
Kent Chamber of Commerce, and the Kent Downtown Partnership.
I am pleased to recommend the appointment of Bryan Kesterson to the Land Use
and Planning Board.
Packet Pg. 30
8.E
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 31
8.F
KENT
WASHINGTON
DATE: March 21, 2023
TO: Kent City Council
SUBJECT: Resolution - Washington State Puget Sound Acquisition
and Restoration Grant Application - Adopt
MOTION: I move to adopt Resolution No. 2059, authorizing the submission
of an application for grant funding through the Washington State Puget
Sound Acquisition and Restoration grant program, in the amount of
$300,000, for the Lower Russell Road Levee Setback Habitat Area A
Project.
SUMMARY: The Washington State Puget Sound Acquisition and Restoration (PSAR)
grant program provides funding to protect and restore salmon habitat through
projects. The Lower Russell Road Levee Setback Habitat Area "A" Project, identified
as Project LG-42 in the 2021 Salmon Habitat Plan Update, is a qualifying project.
The lack of suitable habitat for salmon spawning and rearing is the biggest limiting
factor for salmonid productivity and population growth in the Green River, which
results in fry migration to Puget Sound too early in their lifecycle, dramatically
reducing the chance of survival.
The Lower Russell Road Levee Setback Habitat Area A Project will enhance
floodplain connectivity, reduce flood risks on the site, and improve habitat. The
project will explore opportunities to reshape the riverbank, restore channel
complexity, excavate low benches, install log structures, and plant native riparian
vegetation.
If the City is selected, grant funds will be used to conduct environmental studies
including an abbreviated alternatives analysis, wetland design, hydrogeologic study,
cultural resources survey, and geotechnical studies in order to refine the 60%
design. Studies will evaluate alternatives to balance the uses and functions of this
stretch of river; including, but not limited to, habitat, recreation, flood protection
and social equity. The permitting process will also begin.
This grant program requires the City to pass a resolution authorizing the
submission of the application for funding.
BUDGET IMPACT: None. Matching funds would come from the King County
Cooperative Watershed Management (CWM) Grant.
Packet Pg. 32
8.F
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.
ATTACHMENTS:
1. Resolution No. 2059 (PDF)
03/06/23 Public Works Committee MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 3/21/2023
7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Brenda Fincher, Committee Chair
AYES: Brenda Fincher, Marli Larimer
Packet Pg. 33
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RESOLUTION NO. 2059
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A RESOLUTION of the City Council of the r
City of Kent, Washington, that: (1) authorizes the
submission of applications for grant funding
assistance through the Recreation and Conservation
Office as provided for in Chapter 77.85 of the o
Revised Code of Washington, and Chapter 420 of the N
Washington Administrative Code and other s
applicable authorities; and (2) identifies the Public Q
Works Director and/or Mayor as the City's
authorized representatives for purposes of securing o
the grant and binding the City to the grant's terms
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and conditions.
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RECITALS CU
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A. The City of Kent ("City") is working on the Lower Russell Levee
Setback-Habitat Area A Project, PRISM Number 22-1043.
B. The City considers it in the best public interest to complete the o
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projects described in the applications and to seek grant assistance through o
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the Washington Recreation and Conservation Office to aid in financing the
cost of those projects.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, c
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WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: o
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Recreation & Conservation Office Grants a=i
22-1043 Lower Russel/Levee Setback-Habitat Area A Project E
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RESOLUTION o
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SECTION 1. - Intent to Apply. The City has applied for or intends to
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apply for funding assistance managed by the Washington Recreation and
Conservation Office ("Office") for the Lower Russell Levee Setback-Habitat a
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Area A Project, PRISM Number 22-1043 ("Project").
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SECTION 2. - Authorized Representatives. The City authorizes the °
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following person or persons holding specified titles/positions (and °
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subsequent holders of those titles/positions) to execute the following
documents binding the City on the above projects:
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Name
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of • or •Grant Document Person Authorized to Sign
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Grant application (submission thereof) Rowena Valencia-Gica,
Environmental Supervisor o
Project contact (day-to-day administering Rowena Valencia-Gica, r
of the grant and communicating with the Environmental Supervisor
RCO) a
Office Grant Agreement (Agreement) Dana Ralph, Mayor
Agreement amendments Dana Ralph, Mayor
Authorizing property and real estate Dana Ralph, Mayor r
documents (Notice of Grant, Deed of Right =
or Assignment of Rights if applicable). N
These are items that are typical recorded
on the property with the county.
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The above persons are considered an "authorized o
representative(s)/agent(s)" for purposes of the documents indicated. The
City shall comply with a request from the Office to provide documentation of
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persons who may be authorized to execute documents related to the grant. M
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SECTION 3. - Grant Agreement. The City has reviewed the sample Z
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Grant Agreement on the Office's WEB SITE at: https://rco.wa.gov/wp- 4
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content/uploads/2019/06/SampleProjAgreement.pdf. The City understands N
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Recreation & Conservation Office Grants
22-1043 Lower Russel/Levee Setback-Habitat Area A Project
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and acknowledges that if offered an agreement to sign in the future, it will o
contain an indemnification and legal venue stipulation and other terms and a
conditions substantially in the form contained in the sample Agreement and
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that such terms and conditions of any signed Agreement shall be legally •2
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binding on the sponsor if the representative/agent enters into an Agreement a
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on the City's behalf. The Office reserves the right to revise the Agreement
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prior to execution. 0
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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 o
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sign on behalf of the City for their assigned role/document. T
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SECTION 5. - Contingent Funding. Grant assistance is contingent on 0
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a signed agreement. Entering into any agreement with the Office is purely
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voluntary on the City's part. a
SECTION 6. - Varying Policies and Requirements. The City
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understands that grant policies and requirements vary depending on the
grant program applied to, the grant program and source of funding in the
agreement, the characteristics of the project, and the characteristics of the
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City.
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SECTION 7. - Revisions to Agreement. The City further understands
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that prior to the City's authorized representative(s)/agent(s) executing any M
of the documents listed above, the Office may make revisions to its sample
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Agreement and that such revisions could include the indemnification and the N
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legal venue stipulation. The City accepts the legal obligation that the City Z
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shall, prior to execution of the Agreement(s), confer with the City's
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Recreation & Conservation Office Grants
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authorized representative(s)/agent(s) as to any revisions to the project o
Agreement from that of the sample Agreement. The City also acknowledges a
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and accepts that if the City's authorized representative(s)/agent(s) executes
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the Agreement(s) with any such revisions, all terms and conditions of the .2
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executed Agreement shall be conclusively deemed to be executed with the a
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City's authorization.
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SECTION 8. - Allowable Costs. Any grant assistance received will be o
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used for only direct eligible and allowable costs that are reasonable and
necessary to implement the project(s) referenced above.
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SECTION 9. - Matching Funds Availability. If match is required for the T
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grant, the City understands it must certify the availability of match at least Q
one month before funding approval. In addition, the City understands it is 3
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responsible for supporting all non-cash matching share commitments to
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these projects should they not materialize. a
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SECTION 10. - Reimbursement Basis. The City acknowledges that if
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it receives grant funds managed by the Office, the Office will pay the City on
only a reimbursement basis. The City understands reimbursement basis
means that the City will only request payment from the Office after the City
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incurs grant eligible and allowable costs and pays them. The Office may also r
determine an amount of retainage and hold that amount until all project
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deliverables, grant reports, or other responsibilities are complete.
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SECTION 11. - Property Dedication for Development, Renovation
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Enhancement, and Restoration Projects. The City acknowledges that any N
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property owned by the City that is developed, renovated, enhanced, or Z
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restored with grant assistance must be dedicated for the purpose of the grant
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Recreation & Conservation Office Grants
22-1043 Lower Russel/Levee Setback-Habitat Area A Project
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in perpetuity unless otherwise allowed by grant program policy, or Office in o
writing and per the Agreement or an amendment thereto. a
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SECTION 12. - Conflicts. The City certifies the following: The Project Q
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does not conflict with the Puget Sound Action Agenda developed by the Puget a
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Sound Partnership under RCW 90.71.310.
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SECTION 13. - Resolution a Part of Application. This resolution is o
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deemed to be part of the formal grant application to the Office.
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SECTION 14. - Certification. The City warrants and certifies that this o
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resolution was properly and lawfully adopted following the requirements of T
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the City and applicable laws and policies, and that the City has full legal Q
authority to commit itself to the warranties, certifications, promises and
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obligations set forth herein.
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SECTION 15. - Effective Date and Approval. This resolution will take
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effect immediately and is signed and approved by the Mayor through a
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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.
March 21, 2023
DANA RALPH, MAYOR Date Approved
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ATTEST:
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March 21, 2023 z°
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted o
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Recreation & Conservation Office Grants
22-1043 Lower Russel/Levee Setback-Habitat Area A Project
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APPROVED AS TO FORM: o
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TAMMY WHITE, CITY ATTORNEY
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This agreement template is used by the Recreation and Conservation Office (RCO)for the management o
of the grant and other programs it administers. This example is provided for review by applicants'and a
their counsel as they seek grant funding managed by RCO. c
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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 a
law changes, and other factors. Applicants that receive funding from RCO are encouraged to thoroughly Q
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review their customized grant agreement prior to final signature.
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RCO reserves the right to make updates to this template. .2 c
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RCO GRANT AGREEMENT
Project Name:
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Project Number:
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Issuance Date:
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A. PARTIES OF THE GRANT AGREEMENT.
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1. This Recreation and Conservation Office Grant Agreement (Agreement) is entered into between N
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the State of Washington {FundingAgency) Recreation and Conservation Office (RCO), P.O. Box
40917, Olympia, Washington 98504-0917 and {Prim arySponsorNameAddress) a
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{SecondarySponsorNameAddress), and shall be binding on the agents and all persons acting by a
or through the parties. U)
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2. The Sponsor's Data Universal Numbering System (DUNS) Number is{DUNNSNumber).
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except those conditions that expressly apply only to the primary Sponsor. o
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4. Prior to and During the Period of Performance, Per the Applicant Resolution/Authorizations 0
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 c
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matters related to the project, including but not limited to,full authority to: (1)sign a grant
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application for grant assistance, (2) enter into this project agreement on behalf of the
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behalf of Sponsor(s), and (4) make any decisions and submissions required with respect to the c
project. Agreements and amendments must be signed by the Authorized Z
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Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO
AGREEMENT Section. o
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a. During the Period of Performance, in order for a Sponsor to change its Authorized
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Representative/Agent as identified on the original signed Applicant
Resolution/Authorization the Sponsor must provide the RCO a new Applicant
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2020 RCO GRANT AGREEMENT
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8.F.a
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Resolution/Authorization signed by its governing body. Unless a new Applicant o
Resolution/Authorization has been provided, the RCO shall proceed on the basis that a
the person who is listed as the Authorized Representative in the last c
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
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b. Amendments After the Period of Performance. RCO reserves the right to request and
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any signatory to an amendment has the authority to legally bind the Sponsor as
described in the above Sections A and J. `o
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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
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B. PURPOSE OF AGREEMENT.
This Agreement sets out the terms and conditions by which a grant is made from the {AccountName)of
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the State of Washington.The grant is administered by the RCO.
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C. DESCRIPTION OF PROJECT. N
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D. PERIOD OF PERFORMANCE.
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1. The period of performance begins on {StartDate)(project start date) and ends on {EndDate) 0
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(project end date). No allowable cost incurred before or after this period is eligible for c
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. o
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2. The RCO reserves the right to summarily dismiss any request to amend this Agreement if not 0
made at least 60 days before the project end date.
E. STANDARD TERMS AND CONDITIONS INCORPORATED. rn
The RCO Standard Terms and Conditions of the Agreement are hereby incorporated by reference as part
of this Agreement. °,�',
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F. LONG-TERM OBLIGATIONS. 0
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G. PROJECT FUNDING. c
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2020 RCO GRANT AGREEMENT
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The total grant award provided for this project shall not exceed (RCOAmount}.The RCO shall not pay any o
amount beyond that approved for grant funding of the project and within the percentage as identified a
below.The Sponsor shall be responsible for all total project costs that exceed this amount.The c
minimum matching share provided by the Sponsor shall be as indicated below:
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H. FEDERAL FUND INFORMATION.
(This section only appears if there is federal funding nexus) L
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If the Sponsor's total federal expenditures are $750,000 or more during the Sponsor's fiscal-year, the
Sponsor is required to have a federal single audit conducted for that year in compliance with 2 C.F.R.
Part 200, Sub Part F—Audit Requirements, Section 500(2013).The Sponsor must provide a copy of the c
final audit report to RCO within nine months of the end of the Sponsor's fiscal year, unless a longer N
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).
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the RCO reserves the right to suspend any and all RCO Agreement(s) with the Sponsor if such
noncompliance is not promptly cured. a
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I. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS. c�a
All rights and obligations of the parties under this Agreement are further specified in and shall be
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interpreted in light of the Sponsor's application and the project summary and eligible scope activities
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under which the Agreement has been approved and/or amended as well as documents produced in the
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course of administering the Agreement, including the eligible scope activities,the milestones report, w
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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 o
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 N
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:
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(This is a custom section listing things like "Expanded Scope of Work," "Milestones,"and "Eligible Scope a,
Items,"which become part of this agreement.) Q
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If an exhibit is referenced in this Agreement as an exhibit or attached to this Agreement, regardless z
whether it is on this list, it shall still be considered part of this Agreement. o
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J. AMENDMENTS TO AGREEMENT. o
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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:
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extensions of the Period of Performance and minor scope adjustments need only be signed by
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RCO's director or designee and consented to in writing (including email) by the Sponsor's o
Authorized Representative/Agent or Sponsor's designated point of contact for the a
implementation of the Agreement(who may be a person other than the Authorized c
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 2
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amendment for extensions or minor scope adjustments. C
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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. c
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3. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be o
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 c
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result of an amendment shall apply only prospectively and shall not require that an act N
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. a
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K. COMPLIANCE WITH APPLICABLE STATUTES, RULES,AND POLICIES. c
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1. This Agreement is governed by, and the sponsor shall comply with, all applicable state and
federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any a
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applicable federal program and accounting rules effective as of the date of this Agreement or as a
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 °
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shall apply only prospectively and shall not require that an act previously done in compliance 9
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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.
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3. For the purpose of this Agreement,the following RCO manuals are deemed applicable and shall ,°n
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apply as terms of this Agreement:
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Provided, where a manual refers to a funding board's responsibility and/or authority but the funding
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board is not involved with the grant or successor to an entity that was involved, the RCO director shall N
have that responsibility and/or authority if such responsibilities and/or authority falls within the RCO's z
statutory responsibilities and/or authority or within a lawful delegation by the board to the RCO. c
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L. SPECIAL CONDITIONS. 3
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{CustomSpecialConditionsAsMayApply}
M. AGREEMENT CONTACTS.
The parties will provide all written communications and notices under this Agreement to either or both E
the mail address and/or the email address listed below:
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{CustomProjectContacts} 0
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These addresses and contacts shall be effective until receipt by one party from the other of a written a
notice of any change. Unless otherwise provided for in this Agreement, decisions relating to the o
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Agreement must be made by the Authorized Representative/Agent,who may or may not be the Project
Contact for purposes of notices and communications. a
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N. ENTIRE AGREEMENT.
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the L
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parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any c
of the parties.
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O. EFFECTIVE DATE. w
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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
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authorized representative,whichever is later(Effective Date). Reimbursements for eligible and N
allowable costs incurred within the period of performance identified in the PERIOD OF 3
PERFORMANCE Section are allowed only when this Agreement is fully executed and an original a
is received by RCO.
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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
parties to this Agreement.
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Signatures: z
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Recreation and Conservation Office/Date N
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Standard Terms and Conditions of the RCO Grant Agreement Table of Contents 0
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1. CITATIONS, HEADINGS AND DEFINITIONS............................................................................................8
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2. PERFORMANCE BY THE SPONSOR. .....................................................................................................13
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3. ASSIGNMENT. .....................................................................................................................................14 a
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4. RESPONSIBILITY FOR PROJECT............................................................................................................14 Q
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5. INDEMNIFICATION..............................................................................................................................14
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6. INDEPENDENT CAPACITY OF THE SPONSOR.......................................................................................16 c
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7. CONFLICT OF INTEREST.......................................................................................................................16 L
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8. COMPLIANCE WITH APPLICABLE LAW................................................................................................16 ayi
9. ARCHAEOLOGICAL AND CULTURAL RESOURCES RESPONSIBILITIES...................................................18
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10. RECORDS.............................................................................................................................................23 0
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11. PROJECT FUNDING..............................................................................................................................24
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12. PROJECT REIMBURSEMENTS. .............................................................................................................25 s
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13. ADVANCE PAYMENTS. ........................................................................................................................27
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14. RECOVERY OF PAYMENTS...................................................................................................................27 °
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15. COVENANT AGAINST CONTINGENT FEES. ..........................................................................................27 ar
16. INCOME (AND FEES) AND USE OF INCOME........................................................................................27
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17. PROCUREMENT REQUIREMENTS. 28
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18. TREATMENT OF EQUIPMENT AND ASSETS.........................................................................................29 °r
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19. RIGHT OF INSPECTION. .......................................................................................................................30 t
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20. STEWARDSHIP AND MONITORING.....................................................................................................30
21. PREFERENCES FOR RESIDENTS............................................................................................................30 0
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22. ACKNOWLEDGMENT AND SIGNS........................................................................................................30 3
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23. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION
PROJECTS. ...........................................................................................................................................31
0
24. PROVISIONS APPLYING TO ACQUISITION PROJECTS. 32
25. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS.........................................................34
0
26. CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS............................35 `*4
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27. RECORDED NOTICE OF GRANT............................................................................................................36
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28. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS..................................36
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29. PROVISIONS FOR FEDERAL SUBAWARDS............................................................................................36
30. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS.....................................................................39
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31. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS....................................39 t
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32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS............................................40 0
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33. PROVISIONS FOR FARMLAND AND FORESTLAND PRESERVATION PROJECTS....................................41 Q
34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS. ................................................41 .0
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35. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS................................41 •2
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36. ORDER OF PRECEDENCE. ....................................................................................................................46 Q
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37. LIMITATION OF AUTHORITY................................................................................................................47
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38. WAIVER OF DEFAULT..........................................................................................................................47 =
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39. APPLICATION REPRESENTATIONS-MISREPRESENTATIONS OR INACCURACY OR BREACH. .............47 L
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40. SPECIFIC PERFORMANCE. ...................................................................................................................47
41. TERMINATION AND SUSPENSION.......................................................................................................47
42. DISPUTE HEARING...............................................................................................................................49 =
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43. ATTORNEYS' FEES................................................................................................................................50 N
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44. GOVERNING LAW/VENUE...................................................................................................................50 s
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45. SEVERABILITY. .....................................................................................................................................50
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46. END OF AGREEMENT. .........................................................................................................................50 0
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STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT Q
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Last Updated: February 12, 2020
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1. CITATIONS, HEADINGS AND DEFINITIONS. Q
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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.
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B) Headings used in this Agreement are for reference purposes only and shall not be w
considered a substantive part of this Agreement.
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C) Definitions. As used throughout this Agreement,the following terms shall have the meaning f°
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set forth below: o
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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, a
access/trail/recreational easements, covenants, leases, water rights, and mineral rights. c
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Agreement,terms of the Agreement, or project agreement—The document entitled "RCO GRANT N
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AGREEMENT" accepted by all parties to the present project and transaction, including without a,
limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits, a-
attachments, addendums, amendments, and applicable manuals, and any intergovernmental
agreements, and/or other documents that are incorporated into the Agreement subject to any
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limitations on their effect under this Agreement. 0
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applicable manual(s), manual --A manual designated in this Agreement to apply as terms of this w
Agreement, subject (if applicable) to substitution of the "RCO director"for the term "board" in
those manuals where the project is not approved by or funded by the referenced board, or a
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predecessor to the board. g
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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
as terms of the Agreement, subject to substitution of the "RCO director" for the term "board" or o
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it in those cases where the RCO has contracted to or been delegated to administer the grant M
program in question. a,
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applicant—Any party, prior to becoming a Sponsor,who meets the qualifying standards/eligibility N
requirements for the grant application or request for funds in question. Z
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application—The documents and other materials that an applicant submits to the RCO to support °
the applicant's request for grant funds;this includes materials required for the "Application" in the o
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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 r
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scripts.
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archeological, cultural, and historic resources- Archeological sites and artifacts, and traditional o
areas or items of religious, ceremonial and/or social (significance to) (uses of)tribes affected by or a
interested in the project. This also refers to built environments and places with historical c
significance for the nation,state, or local area.
authorized representative/agent—A Sponsor's agent (employee, political appointee, elected person, a
etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's a
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signature.This person has the signature authority to bind the Sponsor to this Agreement, grant, and
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project.
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C.F.R.—Code of Federal Regulations
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completed project or project completion -The status of a project when all of the following have
occurred:
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1. The grant funded project has been inspected by the RCO and the RCO has determined that f°
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all scopes of work to implement the project have been completed satisfactorily, °_
2. A final project report is submitted to and accepted by RCO, T)
3. Any needed amendments to the Agreement have been entered by the Sponsor and RCO
and have been delivered to the RCO a
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) in
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contractor—An entity that receives a contract from a Sponsor related to performance of work or
another obligation under this Agreement.
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compliance period, or long-term compliance period—The term of years, beginning on the end date
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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
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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,
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without obtaining prior written formal RCO or board approval, 2)when property interests are g
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conveyed to a third party not otherwise eligible to receive grants in the program from which funding '
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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.
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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 N
recreation resources. A development project may also involve activities that redevelop or renovate c
an existing facility, and these may occur exclusively in the project or in combination with new Z
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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 0
C.F.R 86.
director or Director—The chief executive officer of the Recreation and Conservation Office or that c
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person's designee. E
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education project—A project that provides information, education, and outreach programs and/or o
services for the benefit of outdoor recreationists. This project may involve limited amounts of a
capital construction or installation of tangible property. c
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education and enforcement project—A project that provides information, education, and outreach
programs or services; encourages responsible recreational behavior, and may provide law a
enforcement for the benefit of outdoor recreationists.This project may involve limited amounts of a
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capital construction or installation of tangible property, and equipment purchases.
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effective date—The date when the signatures of all parties to this agreement are present in the c
agreement.
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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). c
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equipment—Tangible personal property(including information technology systems) having a useful T)
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)). Q
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funding board or board—The Washington State Recreation and Conservation Funding Board, or the �o
Washington State Salmon Recovery Funding Board. Or both as may apply.
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Funding Entity —the entity that approves the project that is the subject to this Agreement. a
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grant program—The source of the grant funds received. May be an account in the state treasury, or f°
a grant category within a larger grant program, or a federal source. o
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indirect cost—Costs incurred for a common or joint purpose benefitting more than one cost
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objective, and not readily assignable to the cost objectives specifically benefitted, without effort w
disproportionate to the results achieved (2 C.F.R. § 200.56 (2013)).
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compliance period, or long-term compliance period—The term of years, beginning on the end date
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of the agreement,when long-term obligations exist for the Sponsor.The start date and end date of '
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the compliance period may also be prescribed by RCO per the Agreement.
long-term obligations—Sponsor's obligations after the project end date, as specified in the
Agreement and manuals and other exhibits as may apply. M
landowner agreement—An agreement that is required between a Sponsor and landowner for c
projects located on land not owned or otherwise controlled by the Sponsor. 04
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maintenance project—A project that maintains existing areas and facilities through repairs and c
upkeep for the benefit of outdoor recreation.
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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.
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match or matching share—The portion of the total project cost provided by the Sponsor. E
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milestone—An important event with a defined date to track an activity related to implementation of o
a funded project and monitor significant stages of project accomplishment. a
monitoring project—Means a project that tracks the effectiveness of salmon recovery restoration o
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actions, or provides data on salmon populations or their habitat conditions.
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monitoring and research project—Means a project that tracks the effectiveness of salmon recovery a
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restoration actions, or provides data on salmon populations or their habitat conditions.
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Office—Means the Recreation and Conservation Office or RCO.
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notice of grant—As required by RCO or another authority, a document that has been legally
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recorded on the property title of the project area(s) in the county or counties where the project °
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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.
pass-through entity—A non-Federal entity that provides a subaward to a subrecipient to carry out c
part of a Federal program (2 C. F. R. § 200.74 (2013)). If this Agreement is a federal subaward, RCO is N
the pass-through entity.
period of performance—The period beginning on the project start date and ending on the project a
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end date.
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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 a
project that provides money to facilitate the work of an organization engaged in planning and ar
coordination, or resource stewardship. f°
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pre-agreement cost—A project cost incurred before the period of performance.
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primary Sponsor—The Sponsor who is not a secondary Sponsor and who is specifically identified in w
the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer
the grant.Administration includes but is not limited to acting as the fiscal agent for the grant (e.g.
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requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its g
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officers, employees, agents and successors. '
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project—The undertaking that is funded by this Agreement either in whole or in part with funds
administered by RCO.
project area -A geographic area that delineates a grant assisted site which is subject to project
agreement requirements. c
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project area (for projects where WAC 420 is applied) -The area consistent with the geographic limits z
of the scope of work of the project and subject to project agreement requirements. For restoration c
projects,the project area must include the physical limits of the project's final site plans or final
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design plans. For acquisition projects, the project area must include the area described by the legal 0
description of the properties acquired for or committed to the project(WAC 420.04.010).
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completed project or project completion -The status of a project when all of the following have
occurred:
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1. The grant funded project has been inspected by the RCO and the RCO has determined that o
all scopes of work to implement the project have been completed satisfactorily, a
2. A final project report is submitted to and accepted by RCO, c
3. Any needed amendments to the Agreement have been entered by the Sponsor and RCO o
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and have been delivered to the RCO 2
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4. A final reimbursement request has been paid by RCO. C
5. Property rights (including RCO's as may apply) have been recorded (as may apply)
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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. § c
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200.83 (2013)for federally funded projects). o
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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. f°
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project start date—The specific date identified in the Agreement on which the period of N
performance starts. 3
RCFB—Recreation and Conservation Funding Board Q
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RCO—Recreation and Conservation Office—The state agency that administers the grant that is the �o
subject of this Agreement. RCO includes the director and staff.
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RCW—Revised Code of Washington a-
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Recreational Trails Program (RTP)—A Federal Highways Administration grant program. f°
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reimbursement—RCO's payment of funds to the Sponsor for eligible and allowable costs that have
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already been paid by the Sponsor per the terms of the Agreement.
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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. g
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research project—Means a project that studies salmon and the effectiveness of recovery restoration U)
efforts on the population or habitat condition.
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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. c
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restoration and enhancement project—A project intended to bring a site back to its historic function z
as part of a natural ecosystem or that improves the ecological functionality of a site or a larger c
ecosystem which improvement may include benefiting(or exclusively benefit)fish stocks.
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secondary Sponsor—One of two or more Sponsors who is not a primary Sponsor. Only the primary m
Sponsor may be the fiscal agent for the project.
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Sponsor—A Sponsor is an organization that is listed in and has signed this Agreement. E
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Sponsor Authorized Representative/Agent—A Sponsor's agent (employee, political appointee, o
elected person, etc.) authorized to be the signatory of this Agreement and any amendments a
requiring a Sponsor signature.This person has the signature authority to bind the Sponsor to this c
Agreement, grant, and project. o
SRFB—Salmon Recovery Funding Board a
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State.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 L
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Washington state government. .2 c
subaward—Funds allocated to the RCO from another organization, for which RCO makes available o
to or assigns to another organization via this Agreement.Also, a subaward may be an award
provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of any
award received by the pass-through entity. It does not include payments to a contractor or =
payments to an individual that is a beneficiary of a federal or other program. A subaward may be
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provided through any form of legal agreement, including an agreement that the pass-through entity N
considers a contract. Also see 2 C.F.R. § 200.92 (2013). For federal subawards, a subaward is for the 3
purpose of carrying out a portion of a Federal award and creates a federal assistance relationship a
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. c
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subrecipient—Subrecipient means an entity that receives a subaward. For non-federal entities a,
receiving federal funds, a subrecipient is an entity that receives a subaward from a pass-through a
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 in
federal awarding agency(2 C.F.R. § 200.93 (2013)). If this Agreement is a federal subaward, the
Sponsor is the subrecipient. c
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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- o
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affected tribes the scope of work in the grant and potential impacts to natural areas, natural
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resources, and the built environment by the project. It also includes responding to any tribal m
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 M
of.
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useful service life—Period during which a built asset, equipment, or fixture is expected to be Nc
useable for the purpose it was acquired, installed, developed, and/or renovated, or restored per this Z
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Agreement. g
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WAC—Washington Administrative Code. ,°)
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2. PERFORMANCE BY THE SPONSOR.
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a. The Sponsor shall undertake the project as described in this Agreement, and in accordance o
with the Sponsor's proposed goals and objectives described in the application or documents a
submitted with the application, all as finally approved by the RCO (to include any RCO c
approved changes or amendments thereto). All submitted documents are incorporated by 0
this reference as if fully set forth herein. 2
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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. c
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3. ASSIGNMENT.
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Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or w
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assigned by the Sponsor without prior written approval of the RCO.
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4. RESPONSIBILITY FOR PROJECT. f°
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a. While RCO administers the grant that is the subject of this Agreement, the project itself M
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 a
is expressly set out in this Agreement.
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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 a
the project. When a project has more than one Sponsor, any and all Sponsors are equally
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responsible for the project and all post-completion stewardship responsibilities and long- in
term obligations unless otherwise stated in this Agreement. o
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c. The RCO, its employees, assigns, consultants and contractors, and members of any funding w
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 °
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to the Sponsor and others with expertise or authority. In this respect,the RCO, its o
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
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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. c
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S. INDEMNIFICATION. o
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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 0
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, E
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contractors, subcontractors, or vendors, of any tier, or any other persons for whom the o
Sponsor may be legally liable. a
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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 2
negligence of the State, its employees and/or agents for whom the State is vicariously liable. C
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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 c
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. o
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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 c
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any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of N
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 a
Sponsor.
0
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 '
a
indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as
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provided herein as if it were the Sponsor. This shall not apply to a contractor or
subcontractor is solely donating its services to the project without compensation or other o
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substantial consideration.
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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 0
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use of trade secrets, patents, proprietary information, know-how, copyright rights or o
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
0
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. LO
0
Provided,this indemnity shall not apply to any alleged patent or copyright infringement or N
other allegedly improper appropriation or use of trade secrets, patents, proprietary Z
information, know-how, copyright rights or inventions resulting from the State's, its agents', o
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. C
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g. The funding board and RCO are included within the term State, as are all other agencies, o
departments, boards, councils, committees, divisions, bureaus, offices, societies, or other a
entities of state government. c
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6. INDEPENDENT CAPACITY OF THE SPONSOR.
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a. The Sponsor and its employees or agents performing under this Agreement are not officers, a
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employees or agents of the RCO or Funding Entity.The Sponsor will not hold itself out as nor
L
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 c
:r
accrue to an employee under RCW 41.06.
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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.
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7. CONFLICT OF INTEREST. c
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a. Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO
may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is a
found after due notice and examination by RCO that there is a violation of the Ethics in
Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the c°
procurement of, or performance under, this Agreement.
a
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 in
the Agreement by the Sponsor.The rights and remedies of RCO provided for in this clause o
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shall not be exclusive and are in addition to any other rights and remedies provided by law
or this Agreement. w
8. COMPLIANCE WITH APPLICABLE LAW.
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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 m
regulations). Such compliance includes,without any limitation as to other applicable laws,
the following laws:
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i. Nondiscrimination Laws.The Sponsor shall comply with all applicable federal, state, and
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local nondiscrimination laws and/or policies, including but not limited to:the Americans N
with Disabilities Act; Civil Rights Act; and the Age Discrimination Employment Act (if 6
applicable). In the event of the Sponsor's noncompliance or refusal to comply with any c
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 o
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, E
E
the Sponsor shall insert the following nondiscrimination clause in each contract for
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8.F.a
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construction of this project: "During the performance of this contract,the contractor o
agrees to comply with all federal and state nondiscrimination laws, regulations and a
policies." c
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ii. Secular Use of Funds. No funds awarded under this grant may be used to pay for any 2
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religious activities,worship, or instruction, or for lands and facilities for religious C
activities, worship, or instruction. Religious activities,worship, or instruction may be a c
minor use of the grant supported recreation and conservation land or facility.
c
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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 o
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 c
r
Washington State Department of Labor and Industries as required by RCW 39.12.40.The N
Sponsor also agrees to comply with the provisions of the rules and regulations of the
Washington State Department of Labor and Industries. a
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• 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 a
prevailing wages, it must provide the Sponsor with an affirmative statement of the ?
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contractor's or subcontractor's intent. Unless required by law,the Sponsor is not
required to investigate a statement regarding prevailing wage provided by a o
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contractor or subcontractor.
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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 °
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organization established under the authority of the national and community service 0
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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:
0
(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 c
spend at least fifteen percent of their time in the program on education and training C`'
activities; and (4) Participants in the program must receive a stipend or living allowance Z
as authorized by federal or state law. Participants are exempt from provisions related to 0
rates of compensation only for environmental and trail maintenance work conducted
pursuant to the conservation corps program.
r
b. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, C
a)
other than for normal and recognized executive-legislative relationships, for publicity or F
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8.F.a
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propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, o
booklet, publication, radio,television, or video presentation designed to support or defeat a
legislation pending before the U.S. Congress or any state legislature. No part of any funds c
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 2
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appropriations pending before the U.S. Congress or any state legislature. C
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C. No part of any funds provided under this grant shall be used to pay the salary or expenses of
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any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence c
legislation or appropriations pending before the U.S. Congress or any state legislature.
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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 c
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Sponsor agrees not to enter into any arrangements or contracts related to this Agreement N
with any party that is on Washington State Department of Labor and Industries' "Debarred
Contractor List." a
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e. Requirements for RTP Subawards. �°
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i. The subrecipient (Sponsor) shall follow such policies and procedures prescribed by and
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allowed by the State, as well as federal law and federal rules issued by the Federal
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Highways Administration and 2 CFR 200.
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ii. Sponsor may be required to pay prevailing wage rates as required by the Davis Bacon
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Act as amended.
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9. ARCHAEOLOGICAL AND CULTURAL RESOURCES RESPONSIBILITIES
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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 ,°n
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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 M
responsibility for, Project review and protection of archeological, cultural, and historical resources, a,
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to determine potential impacts to archeological, cultural and historic resources and plans for c
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protection of such resources. The Sponsor shall cooperate in all such reviews. o
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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 o
adjacent areas that may be impacted by the project. This subsection also applies to those
projects where a categorical exclusion (subsection 5) may apply. r
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8.F.a
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2. Authorities. At a minimum, review, management, and protection of archeological, cultural, and o
historic resources, and tribal consultation, shall be performed in the project area and adjacent a
areas impacted by the project for compliance with the following authorities (as may apply and
as in effect at the time of the review):
i. Washington State Department of Archeology and Historic Preservation policies and a
procedures and rule, a
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ii. Sponsor, RCO, and landowners' plans, policies and procedures, directives, laws and
rules, c
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iii. State Environmental Policy Act, o
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iv. National Environmental Policy Act,
V. National Historic Preservation Act of 1966, _
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vi. Governor's Executive Order 05-05,
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3. 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 a
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 0
individual parcels and cumulative impacts.
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4. Compliance. At all times,the Sponsor shall take reasonable action to avoid, minimize, or a-
mitigate adverse effects to archeological, cultural, and historic resources in the project area, and °'
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adjacent areas that may be impacted by the project, and comply with any RCO direction for such in
avoidance, minimization, and mitigation, and reporting and notification thereof. r
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5. Categorical Exemption. If the Sponsor has reviewed the activities in this grant for impacts to z
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 o
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. m
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.
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However, any categorical exemption must meet the standards of and be consistent and
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allowable by ALL of the following: c
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1. the project area landowner(s) legal documents and governing documents (if applicable, c
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2. Sponsor's own policies and procedures and rules, o
3. All applicable laws,
4. RCO applicable policies, manuals and/or other guidance, and N
5. Washington Department of Archaeology and Historic Preservation's rules and policies.
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Alternatively,the RCO may assign a categorical exemption to the project based on its own E
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review.
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8.F.a
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Regardless of the applicability of any categorical exemption, the RCO reserves the right at any o
time to require Sponsor to comply with any and all of the provisions of this section. a
6. Project Areas Reviewed by a Permitting Authority. For those project areas where a permitting o
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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 a
Executive Order 05-05, such review and consultation shall substitute for the land owner's, a
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provided that such substitution is allowed only if(a)the permitting authority and landowner are
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not the same, and (b)the RCO determines that the review and consultation performed by the c9
permitting authority meets RCO standards. When a permitting authority conducts such reviews o
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and tribal consultation, all other subsections herein shall still apply to the Sponsor(s).
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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: c
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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 3
structures or other property appurtenances, removing or altering vegetation,geologic a
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 c
implementation,the Sponsor shall review the project for its potential and actual impacts, N
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including any planned projects on lands acquired as part of the project,to any and all a,
archaeological, cultural and historical resources in and adjacent to the project area, in areas a-
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,
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guidance, rules, and directives, as well as act in compliance with Governor's Executive Order $
05-05,the National Historic Preservation Act,the State Environmental Policy Act,the c
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. c
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b. Tribal Consultation. For project areas not reviewed by a permitting authority(see above), N
prior to implementing in the project area any ground disturbance, altering or demolishing
structures or other property appurtenances, removing or altering vegetation,geologic c
elements, or waterways, or impacting wildlife, in and adjacent to the project area, areas
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where project mitigation shall occur, or any other areas that may be affected by project
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implementation, Sponsor shall conduct tribal consultation with any interested or affected c
tribes as defined above. . 04
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c. Reporting to RCO and Approval of Project Activities. Sponsor shall provide RCO evidence ro
(which RCO shall prescribe)that it has conducted project review and tribal consultation as '
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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
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structures or other property appurtenances, removing or altering vegetation,geologic
elements, or waterways, or impacting wildlife, in and adjacent to the project area, areas E
Page 20 of 50 Q
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8.F.a
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where project mitigation shall occur, or any other areas that may be affected by project o
implementation. a
d. Changes to Project. RCO reserves the right to request Sponsor change its scope of work and o
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project outcomes to avoid, mitigate, or minimize impacts to archeological, cultural, and
historic resources. a
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e. Termination. RCO retains the right at any time to terminate a project due to anticipated or
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actual impacts to archaeology and cultural resources. c9
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f. Monitoring. RCO may require on-site monitoring for impacts to archeology, cultural, and L
historic resources during any demolition, construction, land clearing, restoration, or repair
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work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology,
cultural, and historical resource impacts or concerns.
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g. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO o
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 a
working at the project site, and Implement the IDP when cultural resources or human
remains are found at the project site. c
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h. Discovery. If any archeological or historic resources are found while conducting work under a,
this Agreement,the Sponsor shall immediately stop work and notify the property owner, a
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 U)
or historic resources until such time as the reviewing authority with jurisdiction over the $
found object(s) and areas notifies Sponsor and RCO that work can resume. c
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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 N
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. c
Any human remains discovered shall not be touched, moved, or further disturbed
M
unless directed by RCO or the Department of Archaeology and Historic Preservation
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(DAHP). The county medical examiner/coroner will assume jurisdiction over the LO
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human skeletal remains and make a determination of whether those remains are 04
6
forensic or non-forensic. If the county medical examiner/coroner determines the z
remains are non-forensic,then they will report that finding to the Department of ro
Archaeology and Historic Preservation (DAHP)who will then take jurisdiction over the
0
remains.The DAHP will notify any appropriate cemeteries and all affected tribes of N
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the find.The State Physical Anthropologist will make a determination of whether the
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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 F
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8.F.a
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the affected parties as to the future preservation, excavation, and disposition of the o
remains and the resumption of work. a
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8. Project 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 a
review via a permitting nexus (see above),the state or federal agency landowner performing a
r
archeological, cultural, and historic resources review and tribal consultation shall make the
L
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. o
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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
c
shall:
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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.
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b. Assist the land owner and other applicable agencies, and the RCO, with its/their review of c
archaeological, cultural and historic resources, and tribal consultation for the project area. r
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i. RCO may consult directly with the landowner to complete land owner project review a
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and tribal consultation. a
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c. Provide RCO evidence that the landowner has 1) conducted archeological, cultural and °
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historic resources review and tribal consultation according to its policies and procedures and 9
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applicable laws, and 2) provided Sponsor with permission to begin project implementation
in the project area owned by the state or federal agency.
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d. 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 ,°)
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historic resources. a
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e. Termination. RCO retains the right at any time to terminate a project due to anticipated or M
actual impacts to archaeology and cultural resources. a,
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f. Monitoring. RCO or the federal or state landowner may require on-site monitoring for c
impacts to archeology and cultural resources during any demolition, construction, land Z
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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. '
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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
°
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8.F.a
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working at the project site, and Implement the IDP when cultural resources or human o
remains are found at the project site. a
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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, 2
RCO,the Department of Archaeology and Historic Preservation at(360) 586-3064, and any C
affected Tribe, and stop any activity that may cause further disturbance to the archeological
or historic resources.
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i. Human Remains. If any human remains are found while conducting work under this o
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Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement
0
Agency or Medical Examiner/Coroner's Office, and then RCO, all in the most expeditious w
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 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 c
report that finding to the Department of Archaeology and Historic Preservation (DAHP) N
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who will then take jurisdiction over the remains.The DAHP will notify any appropriate a,
cemeteries and all affected tribes of the find.The State Physical Anthropologist will a-
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 the affected parties as to the future preservation,
excavation, and disposition of the remains. c
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9. Costs. Costs associated with Sponsor's responsibilities under this section of the Agreement are 3:
eligible for reimbursement under this Agreement. Costs that exceed the budget grant amount
shall be the responsibility of the Sponsor.
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10. RECORDS.
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a. Digital Records. If requested by RCO,the Sponsor must provide a digital file(s) of the project M
property and funded project site in a format specified by the RCO.
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b. Maintenance and Retention.The Sponsor shall maintain books, records, documents, data and c
other evidence relating to this Agreement and performance of the services described herein, Z
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including but not limited to accounting procedures and practices which sufficiently and properly
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reflect all direct and indirect costs of any nature expended in the performance of this '
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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
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shall be retained until all litigation, claims, or audit findings involving the records have been o
resolved. a
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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 2
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sponsor shall retain records for a period of nine years from the date RCO deems the project C
complete as defined in the PROJECT REIMBURSEMENTS Section.
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d. Access to Records and Data. At no additional cost,the records relating to the Agreement, c
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 o
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. c
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e. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this
Agreement and any records Sponsor submits or has submitted to the State shall be a public a
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
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understands that the State may be requested to disclose or copy that record under the state
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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 o
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to a request under state public records laws.The Sponsor hereby agrees to release the State
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from any claims arising out of allowing such review or copying pursuant to a public records act
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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.
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11. PROJECT FUNDING.
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a. Authority. This Agreement and funding is made available to Sponsor through the RCO.
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b. Additional Amounts.The RCO or Funding Entity shall not be obligated to pay any amount M
beyond the dollar amount as identified in this Agreement, unless an additional amount has been a,
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approved in advance by the RCO director and incorporated by written amendment into this o
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Agreement . o
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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 0
U)
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 r
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and an original received by RCO.The dollar amounts identified in this Agreement may be
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reduced as necessary to exclude any such expenditure from reimbursement.
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d. Requirements for Federal Subawards. Pre-Agreement costs before the federal award date in the a
FEDERAL FUND INFORMATION Section are ineligible unless approved by the federal award c
agency(2 C.F.R § 200.458 (2013)). o
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e. After the Period of Performance. No expenditure made, or obligation incurred,following the C
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 c
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participation.
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12. PROJECT REIMBURSEMENTS. w
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a. 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 c
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
a
authorize disbursement of project funds only on a reimbursable basis at the percentage as
defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any c
expenditure not incurred by the Sponsor or for a donation used as part of its matching share. r
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RCO does not reimburse for donations. All reimbursement requests must include proper
documentation of expenditures as required by RCO. a-
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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. 9
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Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding
reimbursement requirements.
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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 ,°n
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agreements between RCO and the Sponsor.
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d. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the M
total amount of the grant to the Sponsor until the following has occurred: a,
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i. RCO has accepted the project as a completed project, which acceptance shall o
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not be unreasonably withheld. r_
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 o
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complete, and
iii. RCO has accepted a final boundary map of the project area for which the
Agreement terms will apply in the future.
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iv. A Notice of Grant for any property rights acquired or donated (if applicable) o
have been filed with the county lands records office (or United State a
Government) and a stamped copy received by RCO, and any property rights c
owned to RCO have been likewise recorded. o
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e. Requirements for Federal Subawards: Match.The Sponsor's matching share must comply with 2 C
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: c
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i. Are verifiable from the non-Federal entity's (Sponsor's) records; o
ii. Are not included as contributions for any other Federal award; W
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 c
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the Federal statute authorizing a program specifically provides that Federal funds made N
available for such program can be applied to matching or cost sharing requirements of
other Federal programs; a
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.
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f. Requirements for Federal Subawards: Close out. Per 2 C.F.R § 200.343 (2013),the non-Federal
entity(Sponsor) must: o
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i. Submit, no later than 90 calendar days after the end date of the period of performance,
N
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.
r
ii. Liquidate all obligations incurred under the Federal award not later than 90 calendar o
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 LO
0
and see 2 C.F.R § 200.345 Collection of amounts due (2013),for requirements regarding N
unreturned amounts that become delinquent debts. Z
iv. Account for any real and personal property acquired with Federal funds or received o
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).
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13. ADVANCE PAYMENTS. 0
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Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO a
director and are consistent with legal requirements and Manual 8: Reimbursements. c
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14. RECOVERY OF PAYMENTS.
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a. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this a
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Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, L
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 c
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available at law or in equity. o
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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 c
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
a
error of RCO, it shall be due and owing 30 days after demand by RCO for refund.
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c. Requirements for Federal Subawards. RCO, acting as a pass-through entity, may impose any of N
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the remedies as authorized in 2 C.F.R§§ 200.207 Specific conditions and/or 200.338 Remedies
for noncompliance (2013). a-
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15. COVENANT AGAINST CONTINGENT FEES. in
The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure o
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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 w
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 °
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commission, percentage, brokerage or contingent fee. o
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16. INCOME (AND FEES)AND USE OF INCOME.
See WAC 286-13-110 for additional requirements for projects funded from the RCFB.
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Income.
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a. Farm and Forest Account (Farmland and Forestland Preservation Grants). Excepted from this 04
section is income generated and fees paid on/for properties which received funds from the 0
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Farm and Forest Account (RCW 79A.15.130). o
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b. Firearms and Archery Range Recreation Projects. Excepted from this section are safety classes 0
(firearm and/or hunter)for which a facility/range fee must not be charged (RCW 79A.25.210).
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c. Compatible source.The source of any income generated in a funded project or project area o
must be compatible with the funding source and the Agreement and any applicable manuals, a
RCWs, and WACs. c
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d. Use of Income. Subject to any limitations contained in applicable state or federal law and 2
applicable rules and policies, income or fees generated at a project work site (including C
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,
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must be used to offset: c
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i. The Sponsor's matching resources; o
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 o
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other similar units in the Sponsor's system; N
V. Capital expenses for similar acquisition and/or development and renovation; and/or
vi. Other purposes explicitly approved by RCO. a
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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:
a
i. Grant program laws, rules, and applicable manuals; +;
ii. Value of any service(s)furnished;
iii. Value of any opportunities furnished; and o
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iv. Prevailing range of public fees in the state for the activity involved.
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f. Requirements for Federal Subawards. Sponsors must also comply with 2 C.F.R. § 200.307
Program income (2013).
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17. PROCUREMENT REQUIREMENTS.
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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 M
minimum procedures: a,
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i. Publish a notice to the public requesting bids/proposals for the project; o
ii. Specify in the notice the date for submittal of bids/proposals; r_
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 0
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
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selecting a bidder or proposer. Alternatively, Sponsor may choose a bid from a bidding
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8.F.a
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cooperative if authorized to do so.This procedure creates no rights for the benefit of o
third parties, including any proposers, and may not be enforced or subject to review of a
any kind or manner by any entity other than the RCO. Sponsors may be required to c
certify to the RCO that they have followed any applicable state and/or federal
0
procedures or the above minimum procedure where state or federal procedures do not 2
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apply. C
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b. Requirements for Federal Subawards.
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i. 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). o
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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)).
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18. TREATMENT OF EQUIPMENT AND ASSETS.
a. Equipment shall be used and managed only for the purpose of this Agreement, unless
a
otherwise provided herein or in the applicable manuals, or approved by RCO in writing.
0
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b. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of N
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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, a
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RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment a
according to RCO published policies.
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c. Loss or Damage.The Sponsor shall be responsible for any loss or damage to equipment. 9
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N
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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
0
for the award, until disposition takes place will, at a minimum, meet the following requirements
(2 C.F.R § 200.313 (2013)): ,°n
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i. 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 M
Federal Award Identification Number), who holds title,the acquisition date, and cost of the a,
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property, percentage of Federal participation in the project costs for the Federal award c
N
under which the property was acquired,the location, use and condition of the property, and 6
any ultimate disposition data including the date of disposal and sale price of the property. r_
ii. A physical inventory of the property must be taken and the results reconciled with the
property records at least once every two years. o
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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. r
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iv. Adequate maintenance procedures must be developed to keep the property in good
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condition.
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V. If the non-Federal entity is authorized or required to sell the property, proper sales o
procedures must be established to ensure the highest possible return. a
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e. Requirements for RTP Subawards.
i. The subrecipient (Sponsor)shall follow such policies and procedures prescribed by and C
allowed by the State, as well as federal law and federal rules issued by the Federal Highways
Administration and 2 CFR 200.
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19. RIGHT OF INSPECTION. o
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The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other o
authorized agent or official of the state of Washington or the federal government, at all reasonable w
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 c
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 a
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 c°
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 a
is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for
such purposes.
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21. PREFERENCES FOR RESIDENTS.
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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, o
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. m
22. ACKNOWLEDGMENT AND SIGNS. c
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a. Publications.The Sponsor shall include language which acknowledges the funding contribution
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of the applicable grant program to this project in any release or other publication developed or c
modified for, or referring to, the project during the project period and in the future. N
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b. Signs. o
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i. During the period of performance through the period of long-term obligation,the Sponsor m
shall post openly visible signs or other appropriate media at entrances and other locations
r
on the project area that acknowledge the applicable grant program's funding contribution,
unless waived by the director; and
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ii. During the period of long-term obligations, the Sponsor shall post openly visible signs or o
other appropriate media at entrances and other locations to notify the public of the a
availability of the site for reasonable public access. c
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c. Ceremonies.The Sponsor shall notify RCO no later than two weeks before a dedication 2
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ceremony for this project.The Sponsor shall verbally acknowledge the applicable grant C
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.
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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 o
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; o
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iii. The dollar amount of federal funds for the project; and N
iv. The percentage and dollar amount of the total costs of the project that is financed by
nongovernmental sources. a
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23. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION,AND RESTORATION c
PROJECTS.
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a. The following provisions shall be in force: a-
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i. Operations and Maintenance. Properties, structures, and facilities developed, maintained,
c
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, 9
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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 o
does not conduct safety inspections or employ or train staff for that purpose.
ii. Document Review and Approval. Prior to commencing construction or finalizing the design, ,°n
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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 M
review for safety, suitability, engineering, compliance with code, or any matters other than a,
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the scope so identified.Although RCO staff may provide tentative guidance to a Sponsor on c
N
matters related to site accessibility by persons with a disability, it is the Sponsor's o
responsibility to confirm that all legal requirements for accessibility are met even if the RCO r_
guidance would not meet such requirements.
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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. r
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c. Control and Tenure.The Sponsor must provide documentation that shows appropriate tenure o
and term (such as long-term lease, perpetual or long-term easement, or perpetual or long-term a
fee simple ownership, or landowner agreement or interagency agreement for the land proposed c
0
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 2
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otherwise provided in any applicable manual, RCW,WAC, or as approved by the RCO. C
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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) c
0
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 o
protection and recovery", 2009", "Protecting Nearshore Habitat and Functions in Puget Sound", 0
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. c
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Sponsors are also encouraged to use best management practices developed by the Washington N
Invasive Species Council (WISC) described in "Reducing Accidental Introductions of Invasive
Species"which is available on the WISC Web site. a
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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
a
with the project,that RCO does not have expertise, capacity, or a mission to review, monitor, or +;
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inspect for safety and risk,that no expectation exists that RCO will do so, and that RCO is in no
way responsible for any risks associated with the project. o
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24. PROVISIONS APPLYING TO ACQUISITION PROJECTS.
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a. The following provisions shall be in force:
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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
m
the property rights acquired has been established according to all applicable manuals and
RCWs or WACs. c
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ii. Evidence of Title.The Sponsor agrees to provide documentation that shows the type of M
ownership interest for the property that has been acquired.This shall be done before any a,
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payment of financial assistance. c
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iii. Legal Description of Real Property Rights Acquired.The legal description of any real property o
rights purchased with funding assistance provided through this Agreement (and protected r_
by a recorded conveyance of rights to the State of Washington) shall be delivered to RCO °
before final payment. o
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
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RCO or the Funding Entity on behalf of the State of Washington or another agency of the
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state, or federal agency, or other organization. These documents include a Deed of Right, o
Assignment of Rights, Easements and/or Leases as described below.The Sponsor agrees to a
use document language provided by RCO,to record the executed document in the County c
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 `2
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acquired and whether or not those rights are being acquired in perpetuity. C
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 c
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 o
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 c
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acquired under this Agreement.The Assignment of Rights requires the signature of the N
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 a
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.
a
viii. Real Property Acquisition and Relocation Assistance. In the event that housing and
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relocation costs and procedures are required by local, state, tribal, or federal law, or rule;
the Sponsor agrees to provide such housing and relocation assistance as a condition of the o
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Agreement and receiving grant funds.
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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
r
COMPLIANCE WITH APPLICABLE LAW SECTION,Archeological and Cultural Resources paragraph. '
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c. Hazardous Substances.
i. 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: N
0
ii. No hazardous substances were found on the site, or N
iii. Any hazardous substances found have been treated and/or disposed of in compliance Z
with applicable state and federal laws, and the site deemed "clean." o
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 E
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of any nature from any and all claims or suits resulting from the presence of, or the o
release or threatened release of, hazardous substances on the property the Sponsor is a
acquiring, except to the extent, if any,that the State, its officers and agents caused or c
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, 2
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bureaus, offices, societies, or other entities of state government. C
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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 c
0
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 o
of 15 years or more, the federal awarding agency or the pass-through entity(RCO), at its option, W
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 o
r
require reporting every five years) (2 C.F.R § 200.329 (2013)). N
e. Developing and Restoring Purchased Property. If the Sponsor intends to develop or restore the a
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. c�
25. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS. a
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a. Long-Term Obligations.This section applies to completed projects only.
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b. Perpetuity. For acquisition, development, and restoration projects, or a combination thereof,
z
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. o
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c. Conversion.The Sponsor shall not at any time convert any real property (including any interest
m
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 M
for which funds were approved or transferring such property to another entity without prior a,
LO
approval via a written amendment to the Agreement.All real property or facilities acquired, c
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developed, renovated, and/or restored with funding assistance shall remain in the same o
ownership and in public use/access status in perpetuity unless otherwise expressly provided in r_
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 o
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
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of the Agreement, and all applicable state of federal laws or regulation.
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i. For acquisition projects that are expressly term-limited in the Agreement,the restriction on a
conversion shall apply only for the length of the term, unless otherwise provided by this c
Agreement and incorporated documents, WACs, or any applicable state or federal law or
regulation.
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ii. 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
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all applicable policies, manuals, WACs and laws that exist at the time the remedy is c
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. o
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26. CONSTRUCTION, OPERATION, USE,AND MAINTENANCE OF ASSISTED PROJECTS.
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a. The following provisions shall be in force for this agreement: c
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i. Property and facility operation and maintenance. Sponsor must ensure that properties or
facilities assisted with the grant funds, including undeveloped sites, are built, operated,
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used, and maintained:
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a. According to applicable federal, state, and local laws and regulations, including r
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public health standards and building codes;
b. In a reasonably safe condition for the project's intended use;
c. Throughout its estimated useful service life so as to prevent undue deterioration; a
d. In compliance with all federal and state nondiscrimination laws, regulations and
policies.
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ii. 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: o
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a. Be constructed, maintained, and operated to meet or exceed the minimum ,°n
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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 M
Architectural Barriers Act, as amended and updated. a,
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b. Appear attractive and inviting to the public except for brief installation, c
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construction, or maintenance periods. o
c. Be available for appropriate use by the general public at reasonable hours and times r_
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 0
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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.
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27. RECORDED NOTICE OF GRANT. 0
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At the request of RCO, another state agency, or a federal agency, Sponsor shall record a notice of grant a
on property subject to this Agreement and shall submit to the RCO a recorded and registry stamped c
copy of such notice.The purpose of the notice of grant is to provide constructive notice of the grant and o
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project and to ensure that the present and future use of the project area is and shall remain subject to 2
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the terms and conditions described in this Agreement.The notice of grant shall be in a format specified C
by RCO.
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28. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS.
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a. A corporate Sponsor, including any nonprofit Sponsor, shall:
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i. 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. c
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
successor that will agree in writing to assume any on-going project responsibilities, and
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transfer all property and assets to the successor. A qualified successor is any party eligible to
apply for funds in the subject grant program and capable of complying with the terms and c
conditions of this Agreement. RCO will process an amendment transferring the Sponsor's r
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obligation to the qualified successor if requirements are met.
iii. Maintain sites or facilities open to the public and may not limit access to members. a-
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29. PROVISIONS FOR FEDERAL SUBAWARDS. in
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The following provisions shall be in force for this agreement:
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a. Sub-Recipient (Sponsor) must comply with the cost principles of 2 C.F.R. Part 200 Subpart E cyo
(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 o
cost principles depends on the type of organization incurring the costs.
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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 M
and cash receipts are for the purposes and objectives set forth in the terms and conditions of
LO
the Federal award. I am aware that any false, fictitious, or fraudulent information, or the N
omission of any material fact, may subject me to criminal, civil or administrative penalties for z
fraud,false statements,false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, c
0
Sections 3729-3730 and 3801-3812)."
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c. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all
contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in E
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accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319,
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12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, o
Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing a
regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal c
o
Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200 Appendix II, paragraph C.
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d. Federally Assisted Construction Contract.The regulation at 41 C.F.R. § 60-1.3 defines a C
"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 c
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, o
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. °
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e. Construction Work.The regulation at 41 C.F.R. § 60-1.3 defines "construction work" as the N
construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings,
highways, or other changes or improvements to real property, including facilities providing a
utility services.The term also includes the supervision, inspection, and other onsite functions
°
incidental to the actual construction. °
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f. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal program
a
legislation, all prime construction contracts in excess of$2,000 awarded by non-federal entities
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(Sponsors) must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards o
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Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In
c
accordance with the statute, contractors must be required to pay wages to laborers and
N
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 °
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determination issued by the Department of Labor in each solicitation.The decision to award a o
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 LO
0
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or N
Grants from the United States").The Act provides that each contractor or subrecipient (Sponsor) Z
must be prohibited from inducing, by any means, any person employed in the construction, o
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 m
violations to the Federal awarding agency identified in Section H: FEDERAL FUND
INFORMATION.
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g. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, all o
contracts awarded by the non-federal entity (Sponsor) in excess of$100,000 that involve the a
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 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 `2
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mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the C
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 c
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 0
the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
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h. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the o
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definition of"funding agreement" under 37 C.F.R §401.2(a) and the recipient or subrecipient N
(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, a
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.
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i. 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 o
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contain a provision that requires the non-Federal award to agree to comply with all applicable
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standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and
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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).
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j. 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 LO
0
attempt to influence an officer or employee of any agency, a Member of Congress, an officer or N
employee of Congress, or an employee of a Member of Congress in connection with this project. Z
Contractors that apply or bid for an award exceeding$100,000 must file the required o
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,
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grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying E
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with non-federal funds that takes place in connection with obtaining any federal award. Such o
disclosures are forwarded from tier-to-tier up to the non-federal award. a
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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 `2
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the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.The C
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 c
0
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 o
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.
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I. Required Insurance.The non-federal entity(Sponsor) must, at a minimum, provide the N
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 a
property need not be insured unless required by the terms and conditions of the Federal award
(2 C.F.R § 200.310 (2013)). in
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m. Debarment and Suspension (Executive Orders 12549 and 12689).The Sponsor must not award a
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contract to parties listed on the government-wide exclusions in the System for Award
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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. o
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189) and 12689 (3 C.F.R part 1989 Comp., p. 235), "Debarment and Suspension."SAM Exclusions
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contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well
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as parties declared ineligible under statutory or regulatory authority other than Executive Order
12549. '
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n. Conflict of Interest. Sponsor agrees to abide by the conflict of interest policy and requirements '
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of the federal funding agency established pursuant to 2 C.F.R 200.
30. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS. c
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Use of Sport Fish Restoration Logo. Per 50 CFR 86 Sec 75 and 76, the user of the logo must indemnify M
and defend the United States and hold it harmless from any claims, suits, losses, and damages from; any a,
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allegedly unauthorized use of any patent, process, idea, method, or device by the user in connection c
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with its use of the logo, or any other alleged action of the user; and any claims, suits, losses, and o
damages arising from alleged defects in the articles or services associated with the logo. No one may use r_
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. 0
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31. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS.
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The following provisions shall be in force for this agreement:
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a. Liability Insurance.The Sponsor of a firearms or archery range recreation project shall procure o
an endorsement, or other addition,to liability insurance it carries, or shall procure a new policy a
of liability insurance, in a total coverage amount the Sponsor deems adequate to ensure it will c
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 2
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reason of being in the vicinity of that facility; provided that the coverage shall be at least one C
million dollars($1,000,000)for the death of, or injury to, each person.
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b. Insurance Endorsement.The liability insurance policy, including any endorsement or addition, c
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. o
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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. c
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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) a
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. �°
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e. Government Agencies.The requirement of Subsection a through d above shall not apply if the
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Sponsor is a federal, state, or municipal government which has established an adequate
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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 o
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applicant declares and describes that program or policy to the RCO.
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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
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to property which that person may suffer as a result of the project which this grant relates.Any '
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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.
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32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS. M
This project has been approved by the National Park Service, US Department of the Interior, for funding a,
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assistance from the federal Land and Water Conservation Fund (LWCF),therefore the "Land and Water o
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Conservation Fund General Provisions" are made part of this Agreement and incorporated herein.The o
Sponsor shall abide by these LWCF General Provisions, in addition to this Agreement, as they now exist r_
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. 0
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33. PROVISIONS FOR FARMLAND AND FORESTLAND PRESERVATION PROJECTS. 0
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The following sections of this Agreement shall not apply if they are included and covered separately in a a
recorded RCO-approved Agricultural Conservation Easement, or Forest Conservation Easement (or other c
method): o
a. Income and Income Use; Stewardship and Monitoring;Acknowledgement and Signs; Provisions a
Applying To Acquisition Projects: Conveyance of Rights to the State of Washington, Building and a
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Structures, and Hazardous Substances; Long-Term Obligations of the Projects and Sponsors:
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Perpetuity; and Construction, Operation, Use and Maintenance of Assisted Projects.
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34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS.
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For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the o
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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 f°
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this requirement may be grounds for terminating this Agreement.This section shall not be the basis for o
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any enforcement responsibility by RCO. M
35. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS. Q
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The following provisions shall be in force for this Agreement if the project is funded in part or wholly c
from the Puget Sound Acquisition and Restoration program. The Sponsor agrees to the following terms
and conditions: °f
a
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 in
Environmental Protection Agency's General Terms and Conditions "Indirect Cost Rate 0
Agreements," if the recipient does not have a previously established indirect cost rate, it agrees c
to prepare and submit its indirect cost rate proposal in accordance with 2 CFR 200 Appendix VII. w
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 0
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 c
Agency, nor does mention of trade names or commercial products constitute endorsement or
M
recommendation for use."This requirement is for the life of the product,whether during or
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after the Agreement period of performance. c
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c. Hotel Motel Fire Safety Act. Sponsor agrees to ensure that all conference, meeting, convention, Z
or training space funded in whole or part with federal funds, complies with the federal Hotel rg
and Motel Fire Safety Act (PL 101-391, as amended). Sponsors may search the Hotel-Motel '
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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.
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d. Drug Free Workplace Certification. Sub-recipient (Sponsor) shall make an ongoing, good faith 0
0
effort to maintain a drug-free workplace pursuant to the specific requirements set forth in 2 a
C.F.R. Part 1536 Subpart B.Additionally, in accordance with these regulations,the recipient c
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 2
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comply with the drug-free provisions set forth in 2 C.F.R. Part 1536 Subpart C.The consequences C
for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E.
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e. Management Fees. Management fees or similar charges in excess of the direct costs and c
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 o
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. c
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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- a
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
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during the period of time that the award is in effect; or use forced labor in the performance of
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the award or sub-awards under this Award." The sub-recipient (Sponsor), and all sub-awardees
of sub-recipient (Sponsor) must inform RCO immediately of any information you receive from o
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any source alleging a violation of this prohibition during the award term. The federal agency
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funding this Agreement may unilaterally terminate,without penalty,the funding award if this
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prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000, as
amended. '
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Lobbying.The chief executive officer of this recipient agency(Sponsor) shall ensure that no '
g Y g p g Y( p ) o
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. LO
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Part 34, New Restrictions on Lobbying. Sponsor shall include the language of this provision in N
award documents for all sub-awards exceeding$100,000, and require that sub-awardees submit Z
certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying o
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 m
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 E
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affirms that it is not a non-profit organization described in Section 501(c)(4) of the Internal o
Revenue Code of 1986; or that it is a non-profit organization described in Section 501(c)(4) of a
the code but does not and will not engage in lobbying activities as defined in Section 3 of the c
Lobbying Disclosure Act. o
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h. Reimbursement Limitation. If the Sponsor expends more than the amount of RCO funding in this C
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
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approved budget. c
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i. Disadvantaged Business Enterprise Requirements.The Sponsor agrees to comply with the o
requirements of EPA's Utilization of Small, Minority and Women's Business Enterprises in
procurements made under this award.
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j. Minority and Women's Business Participation. Sponsor agrees to solicit and recruit,to the c
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maximum extent possible, certified minority owned (MBE) and women owned (WBE) businesses N
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 a
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
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people submitting qualifications shall take the following affirmative steps in any procurement
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initiated after the effective date of this Agreement:
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i. Include qualified minority and women's businesses on solicitation lists.
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ii. Assure that qualified minority and women's business are solicited whenever they are
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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
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businesses. '
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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. LO
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k. MBE/WBE Reporting. In accordance with the deviation from 40 C.F.R. §33.502, signed Z
November 8, 2013, DBE reporting is limited to annual reports and only required for assistance o
agreements where one or more the following conditions are met:
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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 E
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(a) and (b). When completing the form, recipients (Sponsors) should disregard the quarterly and 0
semi-annual boxes in the reporting period Section 1B of the form. For annual submissions,the a
reports are due by October 30th of each year or 90 days after the end of the project period, c
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 `2
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are required to report annually whether the planned procurements take place during the C
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 c
0
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 o
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. c
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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 a
construction, equipment, services and supplies under an EPA financial assistance agreement,
0
and to require that sub-recipients (Sponsors), and prime contractors also comply. Records �°
documenting compliance with the six good faith efforts shall be retained.
a
n. Ensure Disadvantaged Business Enterprise (DBEs) are made aware of contracting opportunities
ca
to the fullest extent practicable through outreach and recruitment activities. For State and Local
and Government Sponsors,this will include placing DBEs on solicitation lists and soliciting them o
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whenever they are potential sources.
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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 '
0
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 LO
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participation by DBEs in the competitive process. N
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q. Encourage contracting with a consortium of DBEs when an agreement is too large for one of o
these firms to handle individually.
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r. Use the services and assistance of the Small Business Administration (SBA) and the Minority
Business Development of the Department of Commerce.
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8.F.a
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s. If the Sponsor awards subcontracts, require the Sponsor to take the steps in paragraphs (a) o
through (e) of this section. a
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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 `2
.Q
Government or in litigation against the United States unless authorized under existing law.The C
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 c
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 o
$100,000, EPA requires the following certification and disclosure forms:
I. Certification Regarding Lobbying, EPA Form 6600-06:
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http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf G
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II. Disclosure of Lobbying Activities, SF LLL: N
http://www.epa.gov/ogd/AppKit/form/sflllin sec.pdf
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u. Legal expenses required in the administration of Federal programs are allowable. Legal expenses
for prosecution of claims against the Federal Government are unallowable. �°
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v. Payment to Consultants. EPA participation in the salary rate (excluding overhead) paid to '
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individual consultants retained by recipients (Sponsors) or by a recipients' (Sponsor's)
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contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the
Executive Schedule (formerly GS-18),to be adjusted annually.This limit applies to consultation o
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services of designated individuals with specialized skills who are paid at a daily or hourly rate.
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This rate does not include transportation and subsistence costs for travel performed (the
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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 '
0
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
0
information. As of January 1, 2020,the limit is$654.71 per day$81.83 per hour.
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w. Peer Review. Where appropriate, prior to finalizing any significant technical products the LO
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Principal Investigator (PI) of this project must solicit advice, review, and feedback from a 04
technical review or advisory group consisting of relevant subject matter specialists. A record of Z
comments and a brief description of how respective comments are addressed by the PI will be o
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 E
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8.F.a
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travel occurs. Even a brief trip to a foreign country,for example to attend a conference, requires o
OITA approval. Please contact your Partnership Project manager as soon as possible if travel is a
planned out of the country, including Canada and/or Mexico, so that they can submit a request c
0
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, C
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). c
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z. Light Refreshments And/Or Meals. o
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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 c
refreshments and/or meals served at meetings, conferences,training workshops, and
outreach activities (events).The recipient must send requests for approval to the EPA o
Project Officer and include: T)
1) An estimated budget and description for the light refreshments, meals, and/or
beverages to be served at the event(s); a
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. �°
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Cost for light refreshments and meals for recipient staff meetings and similar day-to-day a
activities are not allowable under EPA assistance agreements.
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aa. State grant cybersecurity.
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(a) The recipient agrees that when collecting and managing environmental data under this 9
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. o
(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. M
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36. ORDER OF PRECEDENCE. z
a. This Agreement is entered into, pursuant to, and under the authority granted by applicable o
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 N
and any applicable statute, rule, or policy or procedure,the conflict shall be resolved by giving
precedence in the following order:
as
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i. Federal law and binding executive orders;
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ii. Code of federal regulations; 0
iii. Terms and conditions of a grant award to the state from the federal government; a
iv. Federal grant program policies and procedures adopted by a federal agency that are c
required to be applied by federal law;
V. State Constitution, RCW, and WAC; 2
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vi. Agreement Terms and Conditions and Applicable Manuals C
vii. Applicable deed restrictions, and/or governing documents.
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37. LIMITATION OF AUTHORITY.
Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action) shall c
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have the authority to alter, amend, modify, or waive any clause or condition of this Agreement; o
provided that any such alteration, amendment, modification, or waiver of any clause or condition of this w
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Agreement is not effective or binding unless made as a written amendment to this Agreement and
signed by the RCO Director or delegate.
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38. WAIVER OF DEFAULT. c
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Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach M
of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent
breach and shall not be construed to be a modification of the terms of the Agreement unless stated to a
be such in writing, signed by the director, or the director's designee, and attached as an amendment to
the original Agreement. c°
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39. APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH. of
The Funding Entity(if different from RCO) and RCO rely on the Sponsor's application in making its
determinations as to eligibility for, selection for, and scope of, funding grants.Any misrepresentation,
error or inaccuracy in any part of the application may be deemed a breach of this Agreement.
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40. SPECIFIC PERFORMANCE. c
RCO may enforce this Agreement by the remedy of specific performance,which means Sponsors' w
0
completion of the project and/or its completion of long-term obligations as described in this Agreement.
However,the remedy of specific performance shall not be the sole or exclusive remedy available to RCO.
No remedy available to the RCO shall be deemed exclusive.The RCO may elect to exercise any, a
combination of, or all of the remedies available to it under this Agreement, or under any provision of 0
law, common law, or equity, including but not limited to seeking full or partial repayment of the grant
amount paid and damages.
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41. TERMINATION AND SUSPENSION. M
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a. The RCO requires strict compliance by the Sponsor with all the terms of this Agreement 04
including, but not limited to,the requirements of the applicable statutes, rules, and RCO 0
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policies, and with the representations of the Sponsor in its application for a grant as finally o
approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. §
200.340. 0
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b. For Cause.
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i. The RCO director may suspend or terminate the obligation to provide funding to the o
Sponsor under this Agreement: a
a. If the Sponsor breaches any of the Sponsor's obligations under this Agreement; c
b. If the Sponsor fails to make progress satisfactory to the RCO director toward o
completion of the project by the completion date set out in this Agreement. `2
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Included in progress is adherence to milestones and other defined deadlines; or C
c. If the primary and secondary Sponsor(s) cannot mutually agree on the process and
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actions needed to implement the project; �
d. Prior to termination,the RCO shall notify the Sponsor in writing of the opportunity c
0
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 o
event of termination,the Sponsor shall be liable for damages or other relief as
authorized by law and/or this Agreement.
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ii. 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 c
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investigation of any alleged breach and pending corrective action by the Sponsor, or a N
decision by the RCO to terminate the Contract.
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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
a
effective date of termination. A claimed termination for cause shall be deemed to be a
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"Termination for Convenience" if it is determined that:
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i. The Sponsor was not in default; or
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ii. Failure to perform was outside Sponsor's control,fault or negligence.
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d. Rights of Remedies of the RCO. '
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i. The rights and remedies of RCO provided in this Agreement are not exclusive and are in o
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 LO
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represent a manifest injustice in circumstances where the project will fulfill its fundamental N
purpose for substantially the entire period of performance and of long-term obligation. Z
iii. Non-Availability of Funds.The obligation of the RCO to make payments is contingent on the o
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 E
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is suspended under this section for a continuous period of one year, RCO's obligation to 0
provide any future funding under this Agreement shall terminate.Termination of the a
Agreement under this section is not subject to appeal by the Sponsor. c
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 `2
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event the state is unable to appropriate such funds by the first day of each new biennium C
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 c
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continue work. :r
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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. o
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42. DISPUTE HEARING.
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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 c
according to the process set out in this section. Either party's request for a dispute hearing must N
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be in writing and clearly state:
a
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i. The disputed issues; a
ii. The relative positions of the parties; C
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iii. The Sponsor's name, address, project title, and the assigned project number.
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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 o
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 ,°n
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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. M
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c. Any hearing under this section shall be informal,with the specific processes to be determined by c
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the disputes panel according to the nature and complexity of the issues involved.The process o
may be solely based on written material if the parties so agree.The disputes panel shall be r-
governed by the provisions of this Agreement in deciding the disputes.
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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. a)
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e. Request for a disputes hearing under this section by either party shall be delivered or mailed to 0
the other party.The request shall be delivered or mailed within thirty(30) days of the date the a
requesting party has received notice of the action or position of the other party which it wishes c
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 2
(30) days of receipt by the receiving party of the request. C
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f. All costs associated with the implementation of this process shall be shared equally by the
parties. c
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43. ATTORNEYS' FEES.
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In the event of litigation or other action brought to enforce the terms of this Agreement each party w
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agrees to bear its own attorney fees and costs.
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44. GOVERNING LAW/VENUE. f°
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This Agreement shall be construed and interpreted in accordance with the laws of the State of 0
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Washington. In the event of a lawsuit involving this Agreement,venue shall be in Thurston County M
Superior Court if legally proper; otherwise venue shall be in the Superior Court of a county where the
project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper. a
The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of
Washington. c°
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45. SEVERABILITY. a'
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of the Agreement.
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46. END OF AGREEMENT. c
This is the end of the agreement. w
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8.G
KENT
DATE: March 21, 2023
TO: Kent City Council
SUBJECT: Neighborhood Parking Restrictions Ordinance - Adopt
MOTION: I move to adopt Ordinance No. 4459, amending Chapter 9.38 of
the Kent City Code to add no parking zones and other parking prohibitions
on various City streets.
SUMMARY: From time to time, it is necessary to update parking restrictions in the
City Code. Parking areas in new developments and parking issues noted by staff or
residents are two primary reasons for updates. Staff heard from Kent Police, Puget
Sound Regional Fire Authority, and several neighborhoods about parking issues.
Staff has worked with the community and is ready to recommend the new parking
restrictions summarized below, detailed in the proposed ordinance (Exhibit 1), and
illustrated in maps shown in Exhibits 2 and 3.
Narrow Streets in Existing Neighborhoods
Four neighborhoods in the City have contacted staff over concerns with parking on
narrow streets. The neighborhoods are The Ridge at Panther Lake, The Plateau at
Panther Lake, Villa Real, and Midori Meadows. All four of these neighborhoods are
in the Panther Lake Annexation area. Several streets in these neighborhoods do
not meet the minimum width for parking on one side or both sides. Since the
minimum street widths are not met in these locations, parking restrictions are
proposed on either one or both sides of the street to support emergency access.
The neighborhoods mapped in Exhibit 2 and their proposed restrictions are:
1. The Ridge at Panther Lake - no parking on one or both sides.
2. The Plateau at Panther Lake - no parking on one or both sides.
3. Villa Real - no parking on one or both sides.
4. Midori Meadows - no parking on both sides of 131 PI SE.
Requests from the Kent Police Department and Puget Sound Regional Fire Authority
Requests for parking restrictions also come from the Kent Police Department (KPD)
and the Puget Sound Regional Fire Authority (PSRFA). These locations are
evaluated by staff, and parking restrictions are proposed where issues are
identified. The streets mapped in Exhibit 3 and their proposed restrictions are:
1. SE 220 St (115 feet east of 101 PI SE to 103 PI SE) - no parking both sides.
2. S 243 St (93 Ct S to 94 Ave S) - no parking on south side,
Packet Pg. 90
8.G
93 Ct S (north end to S 243 St) - no parking on east side.
3. 133 Ave SE (SE 224 St to SE 224 PI) - no parking on west side.
4. S 228 St (88 Ave S to west end) - no parking north side and 2/3rds of south
side, no parking 10pm to 6am on 1/3rd of south side.
5. S 222 St (92 to 93 Ave S) - no parking both sides.
92 Ave S (S 222 St to south end) - no parking both sides.
6. S 203 St (Chestnut Ridge Park) - no stopping, standing, or parking anytime
(north side); no stopping, standing, or parking 10pm to 6am, south side.
7. 3rd Ave S (940 feet south of W Crow St to S 259 St) - no parking both sides.
8. 25 Ave S (S 260 St to end) - no parking 10pm to 6am on both sides (north
section); no parking anytime on both sides (south section).
BUDGET IMPACT: $65,000 for signs from existing Street operating funds.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Ordinance 4459 (PDF)
2. Parking Restrictions Map (PDF)
3. Requested Parking Restrictions Map (PDF)
03/06/23 Public Works Committee MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 3/21/2023
7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Brenda Fincher, Committee Chair
AYES: Brenda Fincher, Marli Larimer
Packet Pg. 91
8.G.a
ORDINANCE NO. 4459
AN ORDINANCE of the City Council of the a
City of Kent, Washington, amending section -°a
9.38.020 of the Kent City Code, entitled "No a
parking zones," and section 9.38.045 of the Kent
City Code, entitled "Parking prohibited from 0
10:00 p.m. to 6:00 a.m.," to prohibit parking in
several neighborhoods as requested by
homeowners associations, the Kent Police
Department, and the Puget Sound Regional Fire
Authority.
a.
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RECITALS E
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A. Section 9.38.020 of the Kent City Code sets forth areas within
the City of Kent where parking is prohibited. Section 9.38.045 of the Kent Z
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City Code sets forth areas within the City of Kent where parking is prohibited M
from 10:00 p.m. to 6:00 a.m.
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B. Pursuant to the 2009 City of Kent Design and Construction
Standard, Standard Details 6-11 and 6-12, (`Design and Construction
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Standards") parking is limited to one side of the street where street widths o
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are less than 36 feet in residential areas. Parking is permitted on one side
of the street where widths are between 28 feet and 36 feet. In some areas
that have been annexed into the City, street widths are narrower than the a
36-foot width at which parking is permitted on both sides by the Design and
Construction Standards. Parking on both sides of these streets creates
accessibility issues for residents and emergency vehicles.
1 Amend KCC 9.38.020 -
Re: No Parking Zones
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8.G.a
C. Residents in The Ridge at Panther Lane, The Plateau at Panther
Lake, Villa Real, and Midori Meadows neighborhoods have contacted the City
to help address parking issues within their respective neighborhoods. These
neighborhoods do not meet criteria in the Design and Construction
Standards to have parking on both sides of the residential street. For these
reasons, this ordinance restricts parking in these neighborhoods.
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D. In some commercial and industrial areas in the valley it is o
beneficial to local businesses to have on street parking available during the Q
daytime and typical business hours. However, overnight parking in these N
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areas has led to instances of littering and dumping and these unlawful
activities threaten the health of the environment and safety of the W
surrounding residential neighborhoods. Allowing this extended parking to 0)
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continue in these areas poses a substantial risk to public health, public a
safety, public property, and public peace. Accordingly, this ordinance °o
imposes restrictions on overnight parking in these areas (10:00 p.m. to 6:00 0
a.m.).
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
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WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE
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SECTION 1. - Amendment KCC 9.38.020. Section 9.38.020 of the
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Kent City Code, entitled "No parking zones" is hereby amended as follows:
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Sec. 9.38.020. No parking zones.
a
A. At such time as the traffic engineer shall place the appropriate sign or
signs, it shall be illegal to park any motor vehicle or other vehicle, as those
terms are defined in Chapter 46.04 RCW, at any time upon and on either
2 Amend KCC 9.38.020 -
Re: No Parking Zones
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8.G.a
side of, unless otherwise indicated, the following roadways or portions
thereof:
1. 1st Avenue North: from the intersection of West James Street
to the north end of 1st Avenue North, east side only.
2. 1st Avenue North: from West James Street to West Smith
Street, east side only.
3. 2nd Avenue North: from West Smith Street to West Harrison
Street.
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4. 2nd Avenue North: from South 228th Street to south end of a
street. N
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5. 3rd Avenue South: from 940 feet south of West Crow Street to
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South 259th Street.
6. 4th Avenue North and South: from SR 516/West Willis Street
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to South 228th Street. a.
7. 5th Avenue North: from West James Street to north end of 5th 0
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Avenue North. L0
8. 6th Avenue North: from South 228th Street to south end of
street. Z
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9. 6th Avenue South: from West Meeker Street to West Gowe
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Street.
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10. 25th Avenue South: from 330 feet south of South 260th Street
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to south end of street.
11. 26th Avenue South: both sides from South 272nd Street to 500 -a
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feet north of South 272nd Street and on 26th Avenue South from South
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272nd Street to end of 26th Avenue South, east side only. E
12. 27th Avenue South: from South 240th Street to end of 27th
a
Avenue South.
13. 27th Place South: from South 259th Place north to South 256th
Street.
14. 28th Avenue South: from South 240th Street to end of 28th
Avenue South.
3 Amend KCC 9.38.020 -
Re: No Parking Zones
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8.G.a
15. 30th Avenue South: from South 240th Street to Kent-Des
Moines Road (SR 516).
16. 36th Place South: from South 272nd Street to 35th Lane South.
17. 42nd Avenue South: from Reith Road to South 260th Street.
18. 43rd Avenue South: the cul-de-sac north of 42nd Place S. and
the attached spur road to the north.
19. 54th Avenue South: from South 228th Street to South 226th
Street.
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20. 58th Place South: from Russell Road to South 194th Street. a
21. 58th Place South: from South 226th Street to south end of 58th
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Place South.
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22. 62nd Avenue South: from South 190th Street to South 196th
Street.
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23. 64th Avenue South: from south end of road to South 212th a.
Street. 0
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24. 66th Avenue South: from South 196th Street to South 190th `0
Street.
25. 72nd/70th Avenue South: from South 228th Street to South Z
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180th Street (43rd Avenue South). M
26. 72nd Avenue South: from South 262nd Street to South 277th
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Street.
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27. 74th Avenue South: from South 259th Street to West Willis
Street (SR 516). -a
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28. 76th Avenue South: from South 228th Street to South 212th
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Street. E
29. 77th Avenue South: from South 212th Street to north end of
a
road.
30. 80th Avenue South: from South 180th Street (43rd Avenue
South) to South 196th Street, and 80th Avenue South from South 200th
Street to South 208th Street.
4 Amend KCC 9.38.020 -
Re: No Parking Zones
Packet Pg. 95
8.G.a
31. 80th Place South: from 80th Avenue South to 84th Avenue
South.
32. 81st Avenue South: from South 200th Street to South 196th
Street.
33. 83rd Avenue South: from South 228th Street to South 224th
Street.
34. 84th Avenue South/East Valley Highway/Central Avenue
North/Central Avenue South: from South 180th Street (43rd Avenue South) c
to the Green River Bridge. Q
35. 88th Avenue South: from East James Street to South 218th
0
r
Street.
N
36. 92nd Avenue South: from South 222nd Street to south end of W
street.
L
37. 93rd Court South: from north end of street to South 243rd a.
Street, east side only. °o
38. 94th Avenue South: from Canyon Drive to South 240th Street. 0
39. 97th Place South: from Canyon Drive to 100th Avenue
Southeast. Z
r
40. 100th Avenue Southeast: from Southeast 248th Street to
M
Southeast 218th Street.
LO
41. 101st Avenue Southeast: from Southeast 256th Street (SR
a�
516) to Southeast 260th Street.
42. 102nd Avenue Southeast: from Southeast 240th Street to the -E
0
north end of 102nd Avenue Southeast.
a�
43. 104th Avenue Southeast (SR 515): from Southeast 272nd E
Street to north city limits.
a
44. 108th Avenue Southeast: from Southeast 281st Street to Kent-
Kangley Road (SR 516).
45. 108th Avenue Southeast: from Southeast 244th Street to
Southeast 236th Place.
5 Amend KCC 9.38.020 -
Re: No Parking Zones
Packet Pg. 96
8.G.a
46. 109th Avenue Southeast: from Southeast 256th Street to
Southeast 248th Street.
47. 110th Place Southeast: from Southeast 201st Place to
Southeast 202nd Lane.
48. 110th Terrace Southeast: from Southeast 201st Street to
Southeast 202nd Lane.
49. 111th Ave Southeast: from Southeast 203rd Place to Southeast
204th Place, west side only. c
50. 111th Way Southeast: from Southeast 200th Street to a
Southeast 202nd Court, east side only. c
51. 111th Way Southeast: from Southeast 202nd Court to
N
Southeast 203rd Place, west side only.
52. 112th Avenue Southeast: from south end of 112th Avenue
L
Southeast to Southeast 232nd Street. a.
53. 113th Avenue Southeast: from Southeast 193rd Place to 0
Southeast 194th Place. `0
54. 113th Place Southeast: from Southeast 193rd Place to
Southeast 194th Place. Z
r
55. 113th Place Southeast: from Southeast 194th Place to
M
Southeast 196th Street, east side only.
LO
56. 114th Avenue Southeast: from Kent-Kangley Road to south
a�
end of street.
57. 114th Place Southeast: from Southeast 193rd Terrace to
0
Southeast 195th Place.
M
58. 115th Place Southeast: from north end of street to Southeast E
195th Place.
a
59. 116th Avenue Southeast: from Southeast 227th Place to
Southeast 274th Way.
60. 116th Avenue Southeast: from Southeast 248th Street to
Southeast 256th Street, west side only.
6 Amend KCC 9.38.020 -
Re: No Parking Zones
Packet Pg. 97
8.G.a
61. 117th Avenue Southeast: from Southeast 244th Street to end
of street.
62. 118th Avenue Southeast: from Southeast 244th Street to the
north end of street.
63. 119th Avenue Southeast: from Southeast 244th Street to the
north end of street.
64. 119th Avenue Southeast/119th Place Southeast: from
Southeast 244th Street to Southeast 244th Street. c
65. 120th Avenue Southeast: from the gate on Southeast 268th Q
Street to Southeast 270th Street north and east sides only. N
o
r
66. 124th Avenue Southeast: from Southeast 248th Street to
N
Southeast 282nd Street. W
67. 128th Avenue Southeast: from Southeast 226th Place to
L
Southeast 227th Street, west side only. a.
68. 128th Avenue Southeast/Southeast 227th Street: on the curve 0
0
from 128th Avenue Southeast to Southeast 227th Street, northeast side 0
only.
69. 128th Place Southeast: from Southeast 226th Place to Z
r
Southeast 227th Street, east side only. M
70. 129th Place Southeast: from 70 feet north of Southeast 225th
LO
Court to Southeast 225th Court, west side only.
a�
71. 129th Place Southeast: from 120 feet south of Southeast 225th
Court to Southeast 226th Place, east side only. E
0
72. 129th Place Southeast: from Southeast 226th Place to 185 feet
aD
north of end of road, west side only. E
73. 131st Place Southeast: from SE 218th Street to the south end
a
of the street.
74. 132nd Avenue Southeast: from Southeast 236th Street to
Southeast 288th Street.
75. 132nd Place Southeast: from Southeast 227th Street to
Southeast 227th Place, east side only.
7 Amend KCC 9.38.020 -
Re: No Parking Zones
Packet Pg. 98
8.G.a
76. 133rd Avenue Southeast: from Southeast 224th Street to
Southeast 224th Place, west side only.
77. 133rd Place Southeast: from Southeast 226th Street to
Southeast 227th Street, west side only.
78. 134th Place Southeast: from Southeast 224th Place to
Southeast 225th Place, east side only.
79. 134th Place Southeast: from Southeast 227th Street to
Southeast 227th Place, east side only. c
80. 135th Avenue Southeast: from Southeast 252nd Street to Q
Southeast 253rd Place, west side only. c
r
81. 140th Avenue Southeast: from Southeast 256th Street to
N
Southeast 260th Street. W
82. 144th Avenue Southeast: from Kent-Kangley Road (SR 516) to
c
L
Southeast 288th Street. a.
83. 148th Avenue Southeast: from Southeast 256th Street to 0
0
Southeast 240th Street. L0
84. 148th Avenue Southeast/152nd Way Southeast: from north
city boat ramp to Kent-Kangley Road (SR 516). Z
r
85. 152nd Avenue Southeast/152nd Way Southeast: from Kent- M
Kangley Road (SR 516) to SR 18.
LO
86. Alder Lane/South 262nd Street: from Central Avenue South to
a�
500 feet east of Central Avenue South.
87. Cambridge Way: 200 feet south of South 262nd Street, west -E
0
side only.
a�
88. East Canyon Drive: from Hazel Avenue North to 101st Avenue E
Southeast.
a
89. East Gowe Street/West Gowe Street: from Railroad Avenue
South to 1st Avenue South.
90. East Gowe Street: from Railroad Avenue South to Central
Avenue South, south side only, and from Central Avenue South to
Kennebeck Avenue South.
8 Amend KCC 9.38.020 -
Re: No Parking Zones
Packet Pg. 99
8.G.a
91. East Harrison Street: from 140 feet west of 4th Avenue North
to 4th Avenue North, south side only.
92. East Meeker Street/West Meeker Street: from Railroad Avenue
South to 1st Avenue South.
93. East Pioneer Street: from 170 feet east of Central Avenue to
State Avenue, south side only, and from Central Avenue South to 200 feet
east of Central Avenue, north side only.
94. East Pioneer Street: from Railroad Avenue North to Central a
0
Avenue North. a
95. East Titus Street: from 3rd Avenue South to 4th Avenue South, c
r
north side only; police vehicle parking only.
N
96. East Titus Street: from West Gowe Street to Reiten Road South,
southeast side only.
L
97. East Titus Street/West Titus Street: from Railroad Avenue a.
South to 1st Avenue South. 0
0
98. East Titus Street: from East Smith Street to Reiten Road South. L0
99. Frager Road South: from West Meeker Street to South 204th
Street. Z
r
100. Green River Road: from the north city limits to a point 600 feet M
southerly of the north city limits.
LO
101. Green River Road: from a point 700 feet southerly of the north
a�
city limits to a point 810 feet southerly of the north city limits, west side
only. -E
0
102. Green River Road: from a point 790 feet southerly of the north
a�
city limits to a point 885 feet southerly of the north city limits, east side E
only.
a
103. Green River Road: from a point 770 feet northerly of the south
city limits to a point 200 feet northerly of the south city limits, west side
only.
104. Green River Road: from a point 775 feet northerly of the south
city limits to the south city limits, east side only.
9 Amend KCC 9.38.020 -
Re: No Parking Zones
Packet Pg. 100
8.G.a
105. Green River Road: from a point 50 feet northerly of the south
city limits to the south city limits, west side only.
106. Interurban Trail Street: from Meeker Street to Smith Street.
107. Kennebeck Avenue South: from East Smith Street to East Ward
Street.
108. Lake Fenwick Road: from South Reith Road to South 272nd
Street.
r
109. Lakeside Boulevard East: from South 240th Street to South
0
228th Street. Q
110. Lakeside Boulevard West: from Lakeside Boulevard East to
0
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South 228th Street.
111. Landing Way: from 64th Avenue South to West Valley Highway.
112. Lincoln Avenue North: from West Meeker Street to West James
Y
L
Street. f°
a
113. Maple Street South: from Woodland Way South to Garfield °o
Avenue South, south side only. 0
114. Military Road South/36th Avenue South/Military Road South: 01
from South 228th Street to South 272nd Street. Z
r
115. Novak Lane: from Central Avenue to west end of street.
M
116. Ramsay Way: from 4th Avenue North to 230 feet east of 4th
LO
1*
Avenue North.
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117. Ramsay Way: from 350 feet east of 4th Avenue North to 440 CU
c
feet east of 4th Avenue North, south side only.
0
118. Ramsay Way: from 350 feet east of 4th Avenue North to 480
a�
feet east of 4th Avenue North, north side only. E
119. Ramsay Way: from 520 feet east of 4th Avenue North to 150
a
feet north of West Temperance Street.
120. Ramsay Way: from West Temperance Street to West Smith
Street.
121. Riverview Boulevard: from South 216th Street to South 232nd
Street.
10 Amend KCC 9.38.020 -
Re: No Parking Zones
Packet Pg. 101
8.G.a
122. Russell Road South: from end of street at Green River Trail to
West James Street.
123. Russell Road South: from South 228th Street to South 212th
Street.
124. South 188th Street: from West Valley Highway (SR 181) to
72nd Avenue South, and South 188th Street from a point 960 feet west of
80th Avenue South westerly to the end of the street at the BNSF Railway
Company tracks. c
125. South 190th Street: from West Valley Highway to 72nd Avenue a
South.
0
r
126. South 192nd Street: from the west end of the road to 84th
N
Avenue South.
127. South 194th Street: from 58th Place South to 66th Avenue
L
South. a.
128. South 194th Street: from 84th Avenue South to west end of 0
0
street at BNSF Railway Company tracks. 0
129. South 196th Street/Russell Road/South 200th Street: from
84th Avenue South to the Green River. Z
r
130. South 200th Street: from 80th Avenue South to 84th Avenue
M
South.
LO
131. South 202nd Street: from 80th Avenue South to west end of
a�
street at BNSF Railway Company tracks.
132. South 203rd Street: from the westerly boundary of Chestnut -a
0
Ridge Park, approximately 600 feet west of 100th Avenue Southeast, to
aD
100th Avenue Southeast, north side only. E
133. South 204th Street: from West Valley Highway (SR 181) to
a
72nd Avenue South.
134. South 206th Street: from 72nd Avenue South to 77th Avenue
South.
135. South 208th Street: from 80th Avenue South to west end of
street at BNSF Railway Company tracks.
11 Amend KCC 9.38.020 -
Re: No Parking Zones
Packet Pg. 102
8.G.a
136. South 208th Street: from 84th Avenue South to 96th Avenue
South.
137. South 212th Street: from west city limits to east city limits.
138. South 216th Street: from 64th Avenue South to 72nd Avenue
South.
139. South 216th Street: from 84th Avenue South to the west end
at BNSF Railway Company tracks.
140. South 218th Street: from 84th Avenue South to SR 167. c
141. South 220th Street: from West Valley Highway (SR 181) to a
72nd Avenue South.
0
r
142. South 222nd Street: from west end at BNSF Railway Company
N
tracks to SR 167.
143. South 222nd Street: from 92nd Avenue South to 93rd Avenue
L
South. a f
144.. South 224th Street: from 83rd Avenue South to east end of 0
0
road. L0
145. South 226th Street: from 54th Avenue South to 64th Avenue
South. Z
r
146. South 228th Street: from Russell Road South to 83rd Avenue
M
South.
LO
147. South 228th Street: from 88th Avenue South to east end of
a�
street, north side only.
148. South 228th Street: from 88th Avenue South to a point 170 -a
0
feet east of 88th Avenue South, south side only.
aD
149. South 228th Street: from a point 420 feet east of 88th Avenue E
South to east end of street, south side only.
a
150. South 231st Way: from Military Road South to Russell Road
South.
151. South 234th Street: from West Valley Highway to east end of
street.
12 Amend KCC 9.38.020 -
Re: No Parking Zones
Packet Pg. 103
8.G.a
152. South 236th Street: from Lakeside Boulevard East to 64th
Avenue South.
153. South 240th Street: from 27th Avenue South to I-5.
154. South 243rd Street: from 93rd Court South to 94th Avenue
South, south side only.
155. South 252nd Street: from Canyon Drive (SR 516) to east end
of road.
156. South 256th Street: from 27th Place South east to the traffic c
control gate. a
157. South 259th Street: from 74th Avenue South to east city limits. c
r
158. South 260th Street/South 259th Place South/Reith Road
N
South: from SR 99 (Pacific Highway South) to Kent-Des Moines Road (SR W
516).
c
L
159. South 268th Street: from Military Road South to Princeton a.
Avenue South. 0
0
160. South 272nd Street: from Lake Fenwick Road South to 42nd `0
Avenue South, north side only.
161. South 277th Street and Southeast 274th Way: from 700 feet Z
r
east of L Street NE to 116th Avenue Southeast.
M
162. South Central Place: from South 266th Street to the end of
LO
South Central Place.
a�
163. Southeast 193rd Place: from 113th Avenue Southeast to 113th
Place Southeast. -a
0
164. Southeast 193rd Terrace: from 114th Place Southeast to the
a�
east end of street. E
165. Southeast 194th Place: from 113th Avenue Southeast to 113th
a
Place Southeast.
166. Southeast 194th Street: from 113th Place Southeast to 114th
Place Southeast, north side only.
167. Southeast 194th Street: from 114th Place Southeast to 115th
Place Southeast, south side only.
13 Amend KCC 9.38.020 -
Re: No Parking Zones
Packet Pg. 104
8.G.a
168. Southeast 194th Street: from 115th Place Southeast to 116th
Avenue Southeast.
169. Southeast 195th Place: from 114th Place Southeast to 115th
Place Southeast.
170. Southeast 200th Street: from 108th Avenue Southeast to east
end of street, north side only.
171. Southeast 200th Street: from 108th Avenue Southeast to a
point 280 feet east of 108th Avenue Southeast, south side only. c
172 Southeast 200th Street: from 400 feet east of 108th Avenue a
Southeast to 350 feet west of 111th Way Southeast, south side only. c
r
173. Southeast 201st Place: from 110th Place Southeast to 110th
N
Terrace Southeast.
174. Southeast 201st Street: from west end of street to 111th Way
L
Southeast. a.
175. Southeast 202nd Court: from 111th Way Southeast to east end °o
of street. LO
176. Southeast 202nd Lane: from 110th Place Southeast to 110th
Terrace Southeast. Z
r
177. Southeast 203rd Place: from 111th Ave Southeast to east end
M
of street, south side only.
LO
178. Southeast 204th Street: from 108th Ave Southeast to a point
260 feet east of 108th Avenue Southeast, north side only. C
179. Southeast 204th Street: from a point 380 feet east of 108th -a
0
Avenue Southeast to east end of street, north side only.
a�
180. Southeast 204th Street: from 108th Ave Southeast to east end E
of street, south side only.
a
181. Southeast 211th Street: from 160 feet east of 127th Place
Southeast to end of street, north side only.
182. Southeast 220th Street: from a point 115 feet east of 101st
Place Southeast to 103rd Place Southeast.
14 Amend KCC 9.38.020 -
Re: No Parking Zones
Packet Pg. 105
8.G.a
183. Southeast 224th Place: from 133rd Avenue Southeast to 134th
Place Southeast, south side only.
184. Southeast 225th Court: from 60 feet south of end of road to
129th Place Southeast, southwest side only.
185. Southeast 225th Place: from 132nd Place Southeast to 133rd
Avenue Southeast, north side only.
186. Southeast 226th Place: from 130 feet east of 127th Avenue
Southeast to 128th Avenue Southeast, south side only. c
187. Southeast 226th Place: from 128th Avenue Southeast to 129th a
Place Southeast, north side only. c
r
188. Southeast 227th Street: from 128th Avenue Southeast to
N
128th Place Southeast, south side only.
189. Southeast 227th Street/128th Place Southeast: on the curve
L
from Southeast 227th Street to 128th Place Southeast, northwest side only. a.
190. Southeast 227th Street: from 132nd Place Southeast to 134th °o
Place Southeast, south side only. 0
191. Southeast 236th Street: from 104th Avenue Southeast (SR
515) to 108th Avenue Southeast, south side only. Z
r
192. Southeast 239th Street: from 102nd Avenue Southeast to
M
104th Avenue Southeast.
LO
193. Southeast 244th Street: from 120th Avenue Southeast to
116th Avenue Southeast.
194. Southeast 248th Street: from 104th Avenue Southeast to -a
0
116th Avenue Southeast, south side only.
a�
195. Southeast 248th Street: in front of George Daniels Elementary E
School.
a
196. Southeast 252nd Street: from 200 feet west of 133rd Place
Southeast to 135th Avenue Southeast, north side only.
197. Southeast 253rd Place: from 90 feet west of 135th Avenue
Southeast to 136th Avenue East, south side only.
15 Amend KCC 9.38.020 -
Re: No Parking Zones
Packet Pg. 106
8.G.a
198. Southeast 256th Street: from 101st Avenue Southeast to
148th Avenue Southeast.
199. Southeast 260th Street: from 100th Avenue Southeast/97th
Place South to 108th Avenue Southeast.
200. Southeast 264th Street: from 124th Avenue Southeast to
127th Avenue Southeast, north side only.
201. Southeast 267th Street: from 102nd Avenue Southeast to
104th Avenue Southeast, north side only. c
202. Southeast 282nd Street: from 132nd Avenue Southeast to a
144th Avenue Southeast.
0
r
203. SR 99 (Pacific Highway South): from Kent-Des Moines Road
N
(SR 516) to South 272nd Street. W
204. West Cloudy Street: from 4th Avenue North to 5th Avenue
L
North. a.
205. West Gowe Street: from 6th Avenue South to 300 feet east of 0
0
6th Avenue South. L0
206. West James Street/East James Street/South 240th
Street/Southeast 240th Street: from Russell Road to 148th Avenue Z
r
Southeast.
M
207. West Meeker Street: from Kent-Des Moines Road (SR 516) to
LO
6th Avenue South.
a�
208. West Saar Street: from west end of street to 4th Avenue South,
south side only. -E
0
209. West Sam Street: from West Valley Highway (SR
a�
181/Washington Avenue) to end of street. E
210. West Smith Street/East Smith Street: from 64th Avenue South
a
to Jason Avenue South.
211. West Temperance Street: from Ramsay Way to 1st Avenue
North.
16 Amend KCC 9.38.020 -
Re: No Parking Zones
Packet Pg. 107
8.G.a
212. West Valley Highway South/Washington Avenue
South/Washington Avenue North/68th Avenue South: from south city limits
to north city limits.
213. West Willis Street/East Willis Street: from 4th Avenue South to
Central Avenue South.
214. Woodland Way South: from East Maple Street to South 262nd
Street.
a
0
B. Penalty. Any violation of the provisions of this section shall be an a
infraction punishable by a monetary penalty of $50.00. N
c
N
SECTION 2. - Amendment KCC 9.38.045. Section 9.38.045 of the
Kent City Code, entitled "Parking prohibited from 10:00 p.m. to 6:00 a.m." �
L
is hereby amended as follows: a.
0
0
Sec. 9.38.045. Parking prohibited from 10:00 p.m. to 6:00 a.m. 0
A. At such time as the traffic engineer shall place the appropriate sign, Z
r
it shall be illegal to park any motor or other vehicle between the hours of M
10:00 p.m. and 6:00 a.m., unless otherwise indicated, at the following
LO
locations:
a�
1. 25th Avenue South: from South 260th Street to a point 330
feet south of South 260th Street. -E
0
2. Green River Road: from a point 600 feet southerly of the north
aD
city limits to a point 700 feet southerly of the north city limits, west side E
only.
a
3. Green River Road: from a point 600 feet southerly of the north
city limits to a point 790 feet southerly of the north city limits, east side
only.
17 Amend KCC 9.38.020 -
Re: No Parking Zones
Packet Pg. 108
8.G.a
4. Green River Road: from a point 955 feet northerly of the south
city limits to a point 770 feet northerly of the south city limits, west side
only.
5. Green River Road: from a point 915 feet northerly of the south
city limits to a point 775 feet northerly of the south city limits, east side
only.
6. Green River Road: Green River Road: from a point 200 feet
northerly of the south city limits to a point 50 feet northerly of the south c
city limits, west side only. Q
7. South 203rd Street: from 100th Avenue Southeast westerly c
r
approximately 600 feet to the westerly boundary of Chestnut Ridge Park,
N
south side only.
8. South 228th Street: from a point 170 feet east of 88th Avenue
L
South to a point 420 feet east of 88th Avenue South, south side only. a
9. Southeast 276th Place: from the easterly boundary of °o
Springwood Park westerly approximately 425 feet to the westerly boundary 0
of Springwood Park, north side.
z
r
B. Penalty. Any violation of the provisions of this section shall be an M
infraction punishable by a monetary penalty of fifty dollars ($50).
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CD
SECTION 3. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such -E
0
decision shall not affect the validity of the remaining portion of this ordinance
a�
and the same shall remain in full force and effect. E
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SECTION 4. - Corrections by City Clerk or Code Reviser. Upon a
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.
18 Amend KCC 9.38.020 -
Re: No Parking Zones
Packet Pg. 109
8.G.a
SECTION 5. - Effective Date. This ordinance shall take effect and be
in force 30 days from and after its passage, as provided by law.
March 21, 2023
DANA RALPH, MAYOR Date Approved
ATTEST: r
a
0
Q
March 21, 2023
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted .0
March 24, 2023
Date Published W
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APPROVED AS TO FORM:
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0
TAMMY WHITE, CITY ATTORNEY 01
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19 Amend KCC 9.38.020 -
Re: No Parking Zones
Packet Pg. 110
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Exhibit 1 : Neighborhood Parking Restrictions Packet Pg. 111
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Exhibit 2 - KPD and PSRFA Requested Parking Restrictions
Packet Pg. 11127]
8.H
1�#
KENT
DATE: March 21, 2023
TO: Kent City Council
SUBJECT: Consultant Services Agreement with KBA, Inc. for Railroad
Quiet Zone BNSF Railroad Crossing Improvements -
Authorize
MOTION: I move to authorize the Mayor to sign the Consultant Services
Agreement with KBA, Inc. in the amount of $148,153.00, subject to final
terms and conditions acceptable to the Public Works Director and City
Attorney.
SUMMARY: The 2023 Railroad Quiet Zone BNSF Railroad Crossing Improvements
Project ("Project") is located at seven of the BNSF railroad crossings found between
S. 212' St. and S. 259t" St., which includes five locations downtown. This Project
is being largely funded by a Department of Commerce grant and provides
improvements that move the BNSF corridor closer to being classified as a Railroad
Quiet Zone. New cement concrete median islands, curb & gutter, sidewalks,
driveways, curb ramps, and other improvements will be constructed as part of this
Project.
This contract is needed to provide an inspector to perform on-site construction
observation and documentation on this Department of Commerce funded project.
Through our selection process, we have selected KBA, Inc. to provide these
inspection services.
BUDGET IMPACT: Contract will be paid for with the Department of Commerce
Grant through June 30, 2023; work completed after July 1, 2023, will be paid for
using City funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. KBA - BNSF Railroad Quiet Zone Agreement (PDF)
03/06/23 Public Works Committee MOTION PASSES
Packet Pg. 113
8.H
RESULT: MOTION PASSES [UNANIMOUS]Next: 3/21/2023
7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Brenda Fincher, Committee Chair
AYES: Brenda Fincher, Marli Larimer
Packet Pg. 114
8.H.a
�FKNTU_
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CONSULTANT SERVICES AGREEMENT m
between the City of Kent and o
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KBA, Inc. cY
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter °
the "City"), and KBA, Inc. organized under the laws of the State of Washington, located and doing business cc
at 11201 SE 8th Street, Suite 160, Bellevue, WA 98004, Phone: 425-455-9720, Contact: Cameron Bloomer L_
(hereinafter the "Consultant"). °
c
I. DESCRIPTION OF WORK.
a
m
The Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
3
r
c
m
The Consultant shall provide Construction Inspection services for the BNSF Railroad Quiet E
Zone Project. For a description, see the Consultant's Scope of Work which is attached as
Exhibit A and incorporated by this reference. a
N
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V
The Consultant further represents that the services furnished under this Agreement will be performed cn
in accordance with generally accepted professional practices within the Puget Sound region in effect at the r
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in a
Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the v
work described in Section I by December 31, 2024. N
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III. COMPENSATION.
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A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One
Hundred Forty Eight Thousand, One Hundred Fifty Three Dollars ($148,153), for the services
described in this Agreement. This is the maximum amount to be paid under this Agreement Q
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 o
agreement. The Consultant agrees that the hourly or flat rate charged by it for its services N
contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year a
from the effective date of this Agreement. The Consultant's billing rates shall be as delineated =
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in Exhibit A.
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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 U-
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that m
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion. m
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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
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alternative to payment by check and is available for the convenience of the Consultant. If the u
Consultant voluntarily participates in this Program, the Consultant will be solely responsible r
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CONSULTANT SERVICES AGREEMENT - 1
(Over$20,000) Packet Pg. 115
8.H.a
for any fees imposed by financial institutions or credit card companies. The Consultant shall
not charge those fees back to the City.
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IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- m
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: c
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A. The Consultant has the ability to control and direct the performance and details of its 5
work, the City being interested only in the results obtained under this Agreement. CI
B. The Consultant maintains and pays for its own place of business from which the °
Consultant's services under this Agreement will be performed.
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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 Q
established trade, occupation, profession, or business of the same nature as that m
involved under this Agreement. Y
D. The Consultant is responsible for filing as they become due all necessary tax 3
documents with appropriate federal and state agencies, including the Internal Revenue m
Service and the state Department of Revenue. E
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E. The Consultant has registered its business and established an account with the state a
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 .2
from the State of Washington.
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F. The Consultant maintains a set of books dedicated to the expenses and earnings of its
business.
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V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon �j
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.
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VI. FORCE MA)EURE. 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, Q
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 0
to the other that at the time of signing this Agreement, they are able to perform as required and their a
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing CS
state or national declarations of emergency, or any current social distancing restrictions or personal CY
protective equipment requirements that may be required under federal, state, or local law in response to c
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose u-
performance is prevented or delayed shall promptly notify the other party of the existence and nature of m
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 m
performance and, provided, that the party prevented or delayed has not caused such event to occur and 1
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
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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 r
costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Q
CONSULTANT SERVICES AGREEMENT - 2
(Over$20,000) Packet Pg. 116
8.H.a
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
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If a force majeure event occurs, the City may direct the Consultant to restart any work or m
performance that may have ceased, to change the work, or to take other action to secure the work or the a)
project site during the force majeure event. The cost to restart, change, or secure the work or project site o
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 CI
borne by the Consultant.
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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 L
Consultant or subcontractor shall not by reason of race religion, color, sex age, sexual orientation national 0
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 Q
the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative m
Policy 1.2. Y
VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, 3
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 E
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence. a
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The City's inspection or acceptance of any of the Consultant's work when completed shall not be .2
grounds to avoid any of these covenants of indemnification.
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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, 0
and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's •-
negligence. CD
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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.
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In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was c
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court 0
having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then a
the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and CS
reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal CY
on the Consultant's part. c
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The provisions of this section shall survive the expiration or termination of this Agreement.
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IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, z
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. 1:0
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X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable Y
accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under
this Agreement. m
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XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, r
designs, reports, or any other records developed or created under this Agreement shall belong to and Q
CONSULTANT SERVICES AGREEMENT - 3
(Over$20,000) Packet Pg. 117
8.H.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 m
cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The a)
City's use or reuse of any of the documents, data, and files created by the Consultant for this project by o
anyone other than the Consultant on any other project shall be without liability or legal exposure to the
Consultant.
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XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor M0
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.
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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 Q
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall m
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. 3
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XIV. MISCELLANEOUS PROVISIONS.
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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 a
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 r
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.
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C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and U
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any N
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 a
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 Q
right to indemnification under Section VIII of this Agreement.
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D. Written Notice. All communications regarding this Agreement shall be sent to the parties at a
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written CS
notice hereunder shall become effective three (3) business days after the date of mailing by registered or CY
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this o
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 U-
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of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, m
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made ,
without additional written consent. m
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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.
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CONSULTANT SERVICES AGREEMENT - 4
(Over$20,000) Packet Pg. 118
8.H.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 u-
or altering in any manner this Agreement. All of the above documents are hereby made a part of this m
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. c
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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 CY
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of mO
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 c
be subject to public review and disclosure, even if those records are not produced to or possessed by the Q
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties m
and obligations under the Public Records Act. Y
J. City Business License Required. Prior to commencing the tasks described in Section I, 3
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code. E
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CONSULTANT SERVICES AGREEMENT - 5
(Over$20,000) Packet Pg. 119
8.H.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 N
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page m
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. c
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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 0
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed m
to have applied. 0
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CONSULTANT: CITY OF KENT: 4°
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By: By: Y
Print Name: Print Name: Dana Ralph
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Its Its Mayor
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DATE: DATE: L
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: •2
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CONSULTANT: CITY OF KENT: N
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Cameron Bloomer Chad Bieren, P.E.
KBA, Inc. City of Kent c
11201 SE 8th Street, Suite 160 220 Fourth Avenue South v
Bellevue, WA 98004 Kent, WA 98032 N
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425-455-9720 (telephone) (253) 856-5500 (telephone)
cbloomer@kbacm.com (email) PublicWorks@KentWA.gov (email)
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APPROVED AS TO FORM: a�
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Kent Law Department m
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ATTEST: 'a
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Kent City Clerk
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CONSULTANT SERVICES AGREEMENT - 6
(Over$20,000) Packet Pg. 120
8.H.a
DECLARATION
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CITY OF KENT NON-DISCRIMINATION POLICY m
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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 whoCY
perform work with relation to this Agreement shall comply with the regulations of the City's equal am
employment opportunity policies. 0
The City of Kent and its contractors are subject to and will comply with the following: `o
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• 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); m
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• 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 3
Rights Act Of 1964);
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• 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). a
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• Ch. 49.60 RCW (Washington Law Against Discrimination)
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The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and
Regulations". c
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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 C
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. L
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The statements are as follows:
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1. I have read the attached City of Kent administrative policy number 1.2. N
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2. During the time of this Agreement I will not discriminate in employment on the basis of sex, CY
race, color, national origin, age, or the presence of all sensory, mental or physical disability. o
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3. During the time of this Agreement I, the prime contractor, will provide a written statement W
to all new employees and subcontractors indicating commitment as an equal opportunity n
employer. m
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4. During the time of the Agreement I, the prime contractor, will actively consider hiring and Y
promotion of women and minorities.
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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:
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EEO COMPLIANCE DOCUMENTS - 1
Packet Pg. 121
8.H.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- z
assisted programs of the U.S. Department of Transportation, State-assisted m
programs through the Washington State Department of Transportation, and
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they N
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 °
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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 `o
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including S
employment practices when the contract covers any activity, project, or program m
set forth in Appendix B of 49 CFR Part 21. 1
C. Solicitations for Subcontracts, Including Procurements of Materials and 3
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 y
contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin.
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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 r_
facilities as may be determined applicable to contractor's contract by the City or the ci
Washington State Department of Transportation to be pertinent to ascertain N
compliance with such Acts and Regulations and instructions. Where any information M
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 E
what efforts it has made to obtain the information.
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E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with c
the non-discrimination provisions of this contract, the City will impose such contract N
sanctions as it or the Washington State Department of Transportation may
determine to be appropriate, including, but not limited to: cY
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. U_
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F. Incorporation of Provisions: The contractor will include the provisions of
paragraphs (A) through (F) above in every subcontract, including procurements of m
materials and leases of equipment, unless exempt by the Acts and Regulations and Y
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 E
Transportation may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes involved in, Q
EEO COMPLIANCE DOCUMENTS - 2
Packet Pg. 122
8.H.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 z
to enter into the litigation to protect the interests of the United States. m
6. During the performance of this contract, the contractor, for itself, its assignees, and N
successors in interest agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
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Pertinent Non-Discrimination Authorities:
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i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
21. a
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ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Y
(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); E
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination
on the basis of sex); a
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; it
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), N
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(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); 04
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, 0)
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 L
programs or activities of the Federal-aid recipients, sub-recipients and contractors, Q
whether such programs or activities are Federally funded or not);
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination 0
on the basis of disability in the operation of public entities, public and private •a
transportation systems, places of public accommodation, and certain testing entities or
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation c
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); z
X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority 00
Populations and Low-Income Populations, which ensures Non-discrimination against m
minority populations by discouraging programs, policies, and activities with Y
disproportionately high and adverse human health or environmental effects on
minority and low-income populations;
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EEO COMPLIANCE DOCUMENTS - 3
Packet Pg. 123
8.H.a
xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination U-
includes discrimination because of Limited English proficiency (LEP). To ensure z
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); N
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) °
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7. The submission of the final invoice for this contract will constitute a reaffirmation that the `o
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. m
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EEO COMPLIANCE DOCUMENTS - 4
Packet Pg. 124
8.H.a
CITY OF KENT
ADMINISTRATIVE POLICY
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NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 N
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SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
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APPROVED BY Dana Ralph, Mayor
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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 3
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:
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1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
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2. Actively consider for promotion and advancement available minorities and women.
Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the U)
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination 0
Policy Declaration, prior to commencing performance. N
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract a
and subject to suspension or termination for all or part of the Agreement. E
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Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public a
Works Departments to coordinate with the City's Title VI coordinator, and perform the following
duties for their respective departments. 0
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1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
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regulations are familiar with the regulations and the City's equal employment opportunity
policy. 0
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2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. U_
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EEO COMPLIANCE DOCUMENTS - 5
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KBA, Inc. [2/27/20231
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EXHIBIT A m
SCOPE OF SERVICES
for N
2023 Railroad Quiet Zone BNSF Railroad Crossing Improvements
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KBA, Inc. (Consultant)will provide Construction Inspection (CI) services to City of Kent(Client), for the o
project known as 2023 Railroad Quiet Zone BNSF Railroad Crossings Improvements (Project). cc
These services will include consultation, contract administration, field observation, and documentation, as
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required during the construction of the Project, as detailed below. ,o
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Project Description: This project upgrades 7 BNSF Railroad crossings within the City of Kent, work S
required to create a quiet zone within the City. Work elements include new curb and gutter, sidewalks, m
HMA paving, channelization, and fencing. The Designer of Record on this Project is City of Kent Y
(Designer).
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I. CONSTRUCTION INSPECTION SERVICES
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A. Consultant Contract and Team Management: Provide overall day-to-day management of the
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Consultant contract and Team, including: Q
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1. Decide on best modes and frequency of communication with Client and Designer. Liaison
and coordinate with Client on a regular basis to discuss Project issues and status.
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2. Manage Consultant Team, comprised of Consultant's staff. Organize and layout work for
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Consultant Team. +'
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3. Review monthly expenditures and Consultant Team scope activities. Prepare and submit to 0
Client monthly, an invoice and progress report describing services provided that period.
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4. Communication on Consultant contractual issues will be with the Client. Communication on
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day-to-day construction activities and issues will be directly between the Consultant and the
Owner. The Client will be an active member of the Project Team, consulted on design
issues, and will be provided with information affecting Project progress. E
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Deliverables
• Monthly invoices and progress reports Q
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B. Preconstruction Services
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1. Review Contract Documents to familiarize team with Project requirements. M
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a. Communication and coordination between the CM Team, Designer, Client and other
stakeholders
b. Project procedures and forms U_
c. Document control system Z
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Deliverables Q
• None Y
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C. Construction Phase Services - Contract Administration
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1. Progress Meetings. Attend regular(usually weekly) progress meetings with the construction m
contractor, including Client pre-briefing.
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2. Notify construction contractor of work found in noncompliance with the requirements of the G
contract. N
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3. Assist the Client in the investigation of malfunctions or failures observed during construction. CY
4. Public Information. Provide information for Client to prepare media communications and M
public notices on Project status. Provide information for Client's inclusion into a Project °
website and/or newsletter, if requested.
5. Record Drawings. Review not less than monthly, the construction contractor's redline set of °
contract plans. Maintain a CM Team set of conformed drawings tracking plan changes,
location of discovered anomalies and other items, as encountered by Consultant Team. Use
these markups to check the progress of the Contractor-prepared Record Drawings. Q
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6. Document Control. Establish and maintain document filing and tracking systems, following 1
Client guidelines and meeting funding agency requirements. Collect, organize, and prepare
documentation on the Project. 3
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a. If requested, one hard copy of files will be kept in the Project field office.
b. Electronic documentation will be stored in a Project Website, using SharePoint, managed
and hosted by the Consultant. The Client will be provided with licenses for their and the a
construction contractor's use of the SharePoint website during the Project. Consultant rn
will provide one training session for Client and construction contractor users of the
SharePoint system. .2
c. The Project SharePoint site will transition to "read-only" access upon expiration of the in
Agreement, or upon project completion and transfer of final records, whichever occurs c
first. Transference of final records will include a digital copy of the files stored in the +°
Project SharePoint site. Access to SharePoint will expire following that date. ,3n
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7. Final Records. Compile and convey final Project records, transferring to the Client for its �j
archiving at final acceptance of the Project. Should Consultant's work end prior to full
completion of the Project, its records will be transferred to the Client prior to departure from
the Project. Records will consist of hard copy originals and electronic records on electronic
storage medium. },
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Deliverables E
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• Final records—electronic L
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D. Construction Phase Services — Field
1. Observe the technical conduct of the construction, including providing day-to-day contact with N
the construction contractor, Client, utilities, and other stakeholders, and monitor for m
adherence to the Contract Documents. The Consultant's personnel will act in accordance '
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with Sections 1-05.1 and 1-05.2 of the WSDOT/APWA Standard Specifications.
2. Observe material, workmanship, and construction areas for compliance with the Contract °
Documents and applicable codes. Advise the Client of any non-conforming work observed
during site visits.
3. Prepare Inspector Daily Reports (IDRs), recording the construction contractor's operations as m
actually observed by the Consultant; includes quantities of work placed that day, contractor's ,
equipment and crews, photos of work performed, and other pertinent information. Q
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4. Interpret Construction Contract Documents, in coordination with Designer. Y
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5. Evaluate and report to Client issues that may arise as to the quality and acceptability of m
material furnished, work performed, and rate of progress of work performed by the
construction contractor.
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6. Establish communications with adjacent property owners. Respond to questions from N
property owners and the general public.
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7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if
applicable. 0
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8. Prepare field records, daily reports of force account worked, and other payment source
documents to help facilitate administration of the Project in accordance with funding agency L
requirements. °
9. Attend and actively participate in regular on-site meetings.
10. Take periodic digital photographs during the course of construction. Photographs to be Q
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labeled and organized in accordance with Client protocol. Y
11. Testing. Assist client with coordination of materials and laboratory tests, performed by 3
others. Coordinate the work of the Field Representative(s) and testing laboratories in the
observation and testing of materials used in the construction. Inform Client and construction E
contractor of deficiencies as notified. E
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Deliverables °1
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• IDRs with Project photos—submitted on a weekly basis
• Field Note Records and Daily Reports of Force Account Worked
• Additional Project photos not included in IDRs
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E. Assumptions
1. Budget: U)
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a. Staffing levels are anticipated in accordance with the attached budget estimate. U
Consultant services are budgeted for a 4-month period, from March through July 2023.
This is intended to span the originally planned construction duration of 60 contractor
working days, plus time allotted for Project setup and closeout. Overtime at 8 hours per
week has been figured into the budget for the inspector. An additional inspector at 10 +.
hours per week has also been anticipated.
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b. Consultant will work up to the limitations of the authorized budget. If additional budget is
needed to cover instances, including but not limited to the following, Client and
Consultant will negotiate a Supplement to this Agreement: Q
i. The contractor's schedule requires inspection coverage of extra crews and shifts. o
ii. The construction contract runs longer than the time period detailed above. N
iii. Any added scope tasks.
iv. Adjustment of Consultant Indirect Cost Rate (ICR) percentage pursuant to the terms CY
as outlined in Section V of the LAG Agreement. c
c. The work is anticipated to be performed during daytime hours. Should night work be
necessary, a 15 percent differential for labor will be applied to all night shift hours worked
by Consultant's employees. U_
d. If Client requires Consultant to provide their own construction field office, Client will m
reimburse Consultant for all office costs, including lease and/or rental of space,
equipment, utilities, and insurance. m
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e. The budget allocations shown in Exhibit B are itemized to aid in Project tracking purposes
only. The budget may be transferred between tasks or people, or between labor and
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expenses, provided the total contracted amount is not exceeded without prior m
authorization.
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f. Should Consultant's level of effort extend beyond the time period detailed in the attached 0
Exhibit B- Estimate, and into a new year, labor rates will adjust annually on January 1, N
with 30-day written notice to Agency.
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g. Consultant staff working within BNSF Railroad Right-of-Way will obtain BNSF Contractor
Orientation and E-Rail Safe credentials as required. 0
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2. Items and Services Client will provide:
a. Meeting arrangements and facilities for pre-bid and preconstruction meetings. Prepare 0
and distribute meeting notes from pre-bid meeting(s), if any. d
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b. Field office, including: S
i. workstations (desk, chair, and storage)for 1 staff m
ii. combination printer/copier/scanner machine with these capabilities: 11x17 size, color,
and of business quality 3
iii. high-speed, WIFI internet access
iv. miscellaneous office supplies E
v. utilities and sanitary facilities
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c. Retain Engineer of Record for shop drawing review, RFIs, design changes, and final Q
record drawings.
d. Coordination with and enforcement of utility franchise agreements and/or contracts and
schedules for services related to this Project. in
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e. Verify that the required permits, bonds, and insurance have been obtained and submitted
by the construction contractor. Obtain all permits not required to be provided by
construction contractor. N
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f. Construction Survey. Provide project control survey and staking that is not already U
assigned to the construction contractor. N
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3. Scope: M
a. The SharePoint tool being used on this Project is proprietary to the Consultant (KBA,
Inc.), and may not be used by any other party or on any other project without the written
permission and involvement of KBA, Inc.
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b. Consultant will provide observation services for the days/hours that its' Inspector(s)
personnel is/are on-site. The Inspector(s)will not be able to observe or report Q
construction activities, or collect documentation, during the time they are not on-site. o
c. The Consultant's monitoring of the construction contractor's activities is to ascertain
whether or not they are performing the work in accordance with the Contract Documents; 2
in case of noncompliance, Consultant will reject non-conforming work and pursue the CY
other remedies in the interests of the Client, as detailed in the Contract Documents. The
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Consultant cannot guarantee the construction contractor's performance, and it is 0
understood that Consultant shall assume no responsibility for proper construction means,
methods, techniques, Project site safety, safety precautions or programs, or for the failure
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of any other entity to perform its work in accordance with laws, contracts, regulations, or cn
Client's expectations. m
d. Definitions and Roles. The use of the term "inspect" in relation to Consultant services is Q
synonymous with "construction observation," and reference to the "Inspector" role is 00
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synonymous with "Field Representative," and means: performing on-site observations of
the progress and quality of the Work and determining, in general, if the Work is being
performed in conformance with the Contract Documents; and notifying the Client if Work E
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KBA, Inc. [2/27/20231
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does not conform to the Contract Documents or requires special inspection or testing. m
Where "Specialty Inspector"or"specialty inspection" is used, it refers to inspection by a
Building Official or independent agent of the Building Official, or other licensed/certified
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inspector who provides a certified inspection report in accordance with an established N
standard.
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e. Because of the prior use of the Project site, there is a possibility of the presence of toxic CY
or hazardous materials. Consultant shall have no responsibility for the discovery,
presence, handling, removal or disposal of toxic or hazardous materials, or for exposure 0
of persons to toxic or hazardous materials in any form at the Project site, including but
not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic
substances. If the Consultant suspects the presence of hazardous materials, they will %-
notify the Client immediately for resolution. c
f. Review of Shop Drawings, samples, and other submittals will be for general conformance Q
with the design concept and general compliance with the requirements of the contract for Y
construction. Such review will not relieve the Contractor from its responsibility for
performance in accordance with the contract for construction, nor is such review a 3
guarantee that the work covered by the shop drawings, samples and submittals is free of
errors, inconsistencies or omissions. m
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g. Any opinions of probable construction cost provided by the Consultant will be on the
basis of experience and professional judgment. However, since Consultant has no
control over competitive bidding or market conditions, the Consultant cannot and does a
not warrant that bids or ultimate construction costs will not vary from these opinions of
probable construction costs.
h. Quantity takeoffs and calculated quantities are for the purpose of comparing with in
Designer's and/or bidders' quantities and are not a guarantee of final quantities.
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i. Development of construction schedules and/or sequencing, and/or reviewing and
commenting on contractor's schedules, is for the purpose of estimating number of days to c
complete a project, for identifying potential schedule and coordination challenges, and 0
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determining compliance with the construction contract. It is not a guarantee that a
construction contractor will complete the Project in that sequence or timeline, as means cN,
and methods are the responsibility of the construction contractor.
j. Consultant is not responsible for any costs, claims or judgments arising from or in any
way connected with errors, omissions, conflicts or ambiguities in the Contract Documents
prepared by others. The Consultant does not have responsibility for the professional
quality or technical adequacy or accuracy of the design plans or specifications, nor for
their timely completion by others. Q
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k. If Consultant provides Value Analysis or Value Engineering services, it is understood that =
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any ideas, advice, or recommendations generated by the Consultant are made based N
only on the information presented to them, and need engineering analysis by the m
Designer to verify; Consultant is not responsible for the final design product. '
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I. Client agrees to include a statement in the construction Bid Documents for this Project, coo
requiring construction contractor to name KBA, Inc. as an additional insured via 0
endorsement to the contractor's commercial general liability and automobile insurance
policies.
m. RCW 4.24.115 is applicable to Consultant's services provided under this Agreement. m
n. Consultant's insurance carrier provides coverage on ISO equivalent endorsement forms. Q
o. Services provided by the Consultant under this Agreement will be performed in a manner Y
consistent with that degree of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances, in the same geographical
area and time period. E
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p. Nothing in the Agreement is intended to create, nor shall it be construed to create, a m
fiduciary duty owed by either party to the other. Consultant makes no warranties,
guarantees, express or implied, under this Agreement or otherwise in connection with
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Consultant's services. N
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q. Client agrees that Consultant will not be held liable for the completeness, correctness,
readability, or compatibility of any electronic media submitted to Client, after an CY
acceptance period of 30 days after delivery of the electronic files, because data stored on
electronic media can deteriorate undetected or can be modified without Consultant's °
knowledge.
r. Consultant will not be liable for any damage to the field office premises or utilities `o
provided by Client, unless caused by Consultant's own negligence.
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II. OPTIONAL SERVICES a
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All services not detailed above, are considered Optional Services, which, along with any other Extra Work Y
requested by the Client, will be performed only when a mutually negotiated Supplement to this Agreement
is executed, specifying scope of services and budget. 3
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NOVJAN FEB MAR APR MAY JUN JUL AUG SEP OCT
BNSF Quiet Zone r
- 25YEARS City of Kent 21 20 23 20 22 22 20 23 20 22 20 20
KBA Job No. 168 160 184 160 176 176 160 184 160 176 160 160
Cost+Net fee(on DSC Only) 6% 8% 20% 20% 20% 20% 12% 12% 12% 11% 10% 4% E
Prepared On:2/15/2023 178 173 221 192 211 211 179 206 179 195 176 166 4)
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Prepared by:Cameron Bloomer L
Annual Escalation on DSC 5% 5 st-p day,60-king day,5 d.se.ut days.
cTION Q
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ESTIMATE OF COSTS •�
CONFIDENTIAL&PROPRIETARY TO KBA,INC.
2023 Total Or,�ggin:n
• r• r r r • r r MAR •APR MAY JUN JUL AUG • --- r KBA Hurs Task A'r..J OCT NOV DEC
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Mark Fuglevand M3 Manager III 1 01.00 1 $90.00 5 - 1 1 1 1 1 3
Cameron Bloomer E5 Engineer/Professional V 02.00 $76.00 38 - 4 10 10 10 4
TBD Contracts Administ A2 Administrator II 03.00 $33.00 11 - 2 2 2 2 3 V
Justin Clements T4 Technical Representative IV 04.00 $62.00 674 - 20 192 211 211 40
TBD Inspector T2 Technical Representative II 05.00 $5000 120 - 40 40 40 N
QM
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Original
OCTLoaded JAN FEB MAR APR MAY JUN JUL AUG SEP • DEC
Project Expenses Rate Agreement
Total
Vehicle-Speacial Use SUV
Monthly Lease Rate DE $ 1,100 $1,214 $ 3,643 - $1,214 $1,214 $1,214 L
Hourly Rate DE $ 7.32 $8 $ 1,762 - 194 404 404 404 356 Q
Miscellaneous Expenses
Office Supplies $ 100 - 100 O
Subtotal-Direct Expenses ' N
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OriginalCombined Costs Task 2023 Total Agreement JAN FEB MAR A Y "I N JUL AUG SEP OCT NOV DEC CY
Total M
_Mark Fuglevand M3 Manager III 01.00 $90.00 450 - - - 90 90 90 90 90 - - - - - 0
_Cameron Bloomer E5 Engineer/Professional V 02.00 $76.00 2,888 - - - 304 760 760 760 304 - - - - - •�
_TBD Contracts Administi A2 Administrator II 03.00 $33.00 363 - - - 66 66 66 66 99 - - - - -
Justin Clements T4 Technical Representative IV 04.00 $62.00 41,788 - - - 1,240 11,904 13,082 13,082 2,480 - - - - - LL
TBD Inspector T2 Technical Representative II 05.00 $50.00 6,000 - - - - 2,000 2,000 2,000 - - - - - -
Direct Salary Costs 2023 - - - 1,700 14,820 15,998 15,998 2,973 - - - - - m
Overhead(Home)@ 155.78% 5,765 - - - 717 1,427 1,427 1,427 768 - - - - -
Overhead(Field)@ 146.37% 69,947 - - - 1,815 20,351 22,076 22,076 3,630
Subtotal Overhead 2022 - - 2,532 21,778 23,502 23,502 4,398
Fee on DSC 30.00% 15,447 - - - 510 4,446 4,799 4,799 892 - - - - -
Subtotal(DSC+OH+Fee) w - 4,742 41,044 44,300 44,300 8,263
Direct Expenses(No Markup) 5,505 - - - 294 1,618 1,618 1,618 356 - - - - -
Subconsultant(s) - - - - - - - - - - - - - -
Management Reserve - - - - - - - - -
TOTAL . r fC
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EXHIBIT B
INSURANCE REQUIREMENTS FOR n
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RAILROAD PROJECTS 0°
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Insurance N
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The Contractor shall procure and maintain for the duration of the Agreement, cY
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 0
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Contractor, their agents, representatives, employees, or subcontractors.
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A. Minimum Scope of Insurance S
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Contractor shall obtain insurance of the types described below: Y
1. Commercial General Liability This insurance shall contain broad form 3
contractual liability with a combined single limit of a minimum of $2,000,000
each occurrence and an aggregate limit of at least $4,000,000 but in no event E
less than the amount otherwise carried by the Contractor. Coverage must
be purchased on a post 2004 ISO occurrence form or equivalent and include a
coverage for, but not limit to the following:
♦ Bodily Injury and Property Damage
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♦ Personal Injury and Advertising Injury
♦ Fire legal liability
♦ Products and completed operations U)
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This policy shall also contain the following endorsements, which shall be
indicated on the certificate of insurance: a
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♦ The definition of insured contract shall be amended to remove any
exclusion or other limitation for any work being done within 50 feet of E
railroad property. L
♦ Waver of subrogation in favor of and acceptable to Railway. Q
♦ Additional insured endorsement in favor of and acceptable to Railway and
the City of Kent. 0
♦ Separation of insureds.
♦ The policy shall be primary and non-contributing with respect to any
insurance carried by Railway. CY
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It is agreed that the workers' compensation and employers' liability
related exclusions in the Commercial General Liability insurance W
policy(s) required herein are intended to apply to employees of the in
policy holder and shall not apply to Railway employees. m
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No other endorsements limiting coverage as respects obligations Y
under this_Agreement may be included on the policy with regard to
the work being performed under this agreement.
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BNSF Crossing Improvements/Ha Ilock 31 Janua
Project Number: 23-3028.3 Packet Pg. 133
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EXHIBIT B (Continued) ,_
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2. Business Automobile Liability This insurance shall contain a combined c
single limit of at least $1,000,000 per occurrence, and include coverage for, N
but not limited to the following:
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♦ Bodily injury and property damage
♦ Any and all vehicles owned, used or hired 0
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The policy shall also contain the following endorsements or language, `o
which shall be indicated on the certificate of insurance:
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♦ Waiver of subrogation in favor of and acceptable to Railway. m
♦ Additional insured endorsement in favor of and acceptable to Railway. Y
♦ Separation of insureds.
♦ The policy shall be primary and non-contributing with respect to any 3
insurance carried by Railway.
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3. Workers' Compensation and Employers Liability Insurance including
coverage for, but not limited to: a
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♦ Contractor's statutory liability under the worker's compensation laws of the
state(s) in which the work is to be performed. If optional under State law, in
the insurance must cover all employees anyway. c
♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, 2
$500,000 by disease policy limit, $500,000 by disease each employee. U)
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This policy shall also contain the following endorsements or language,
which shall be indicated on the certificate of insurance:
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♦ Waiver of subrogation in favor of and acceptable to Railway.
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4. Railroad Protective Liability Insurance naming only the Rai/way as the L
Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 Q
in the aggregate. The policy Must be issued on a standard ISO form CG 00
35 12 04 and include the following: N
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♦ Endorsed to include the Pollution Exclusion Amendment
♦ Endorsed to include the Limited Seepage and Pollution Endorsement.
♦ Endorsed to remove any exclusion for punitive damages. 0
♦ No other endorsements restricting coverage may be added.
♦ The original policy must be provided to the Rai/way prior to performing
any work or services under this Agreement z
♦ Definition of "Physical Damage to Property" shall be endorsed to read: m
"means direct and accidental loss of or damage to all property owned by Q
any named insured and all property in any named insured' care, custody, Y
and control arising out of the acts or omissions of the contractor named on
the Declarations.
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BNSF Crossing Improvements/Ha Ilock 32 Janua
Project Number: 23-3028.3 Packet Pg. 134
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EXHIBIT B (Continued) ,_
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In lieu of providing a Railroad Protective Liability Policy, Licensee may m
participate (if available) in Railway's Blanket Railroad Protective c
Liability Insurance Policy. N
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Other Requirements: cY
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Where allowable by law, all policies (applying to coverage listed above) shall
contain no exclusion for punitive damages. M
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Contractor agrees to waive its right of recovery against Railway and the City J
of Kent for all claims and suits against Railway and the City of Kent. In `
addition, its insurers, through the terms of the policy or policy endorsement, m
waive their right of subrogation against Railway Or City for all claims and Y
suits. Contractor further waives its right of recovery, and its insurers also 3
waive their right of subrogation against Railway and City for loss of its owned
or leased property or property under Contractor's care, custody or control.
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Allocated Loss Expense shall be in addition to all policy limits for coverages a
referenced above.
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Contractor is not allowed to self-insure without the prior written consent of
Railway and City. If granted by Railway and City, any self-insured retention N
or other financial responsibility for claims shall be covered directly by
Contractor in lieu of insurance. Any and all Railway and/or City liabilities that
would otherwise, in accordance with the provisions of this Agreement, be r_
covered by Contractor's insurance will be covered as if Contractor elected not U
to include a deductible, self-insured retention or other financial responsibility C.4
for claims. M
Prior to commencing services, Contractor shall furnish to Railway and City of
Kent, an acceptable certificate(s) of insurance from an authorized E
representative evidencing the required coverage(s), endorsements, and
amendments. The certificate should be directed to the following address: Q
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BNSF Railway Company a
c/o CertFocus CY
P.O. Box 140528
Kansas City, MO 64114 0
Toll Free: 877-576-2378
Fax number: 817-840-7487 U_
Email: BNSF@certfocus.com Z
www.certfocus.com 0°
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Contractor shall notify Railway in writing at least 30 days prior to any
cancellation, non-renewal, substitution or material alteration. E
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BNSF Crossing Improvements/Ha Ilock 33 Janua
Project Number: 23-3028.3 Packet Pg. 135
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EXHIBIT B (Continued) ,_
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Any insurance policy shall be written by a reputable insurance company m
acceptable to Railway or with a current Best's Guide Rating of A- and Class c
VII or better, and authorized to do business in the state(s) in which the service N
is to be provided.
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If coverage is purchased on a "claims made" basis, Contractor hereby agrees c
to maintain coverage in force for a minimum of three years after expiration,
cancellation or termination of this Agreement. Annually Contractor agrees to W
provide evidence of such coverage as required hereunder. ,o
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Contractor represents that this Agreement has been thoroughly reviewed by `
Contractor's insurance agent(s)/broker(s), who have been instructed by m
Contractor to procure the insurance coverage required by this Agreement. Y
Not more frequently than once every five years, Railway may reasonably
modify the required insurance coverage to reflect then-current risk
management practices in the railroad industry and underwriting practices in
the insurance industry. a
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If any portion of the operation is to be subcontracted by Contractor,
Contractor shall require that the subcontractor shall provide and maintain
insurance coverage(s) as set forth herein, naming Railway and City of Kent N
as an additional insured, and shall require that the subcontractor shall release,
defend and indemnify Railway and City to the same extent and under the
same terms and conditions as Contractor is required to release, defend and c
indemnify Railway and City herein. U
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Failure to provide evidence as required by this section shall entitle, but not M
require, Railway to terminate this Agreement immediately. Acceptance of a
certificate that does not comply with this section shall not operate as a waiver a
of Contractor's obligations hereunder. E
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The fact that insurance (including, without limitation, self-insurance) is Q
obtained by Contractor shall not be deemed to release or diminish the liability
of Contractor including, without limitation, liability under the indemnity N
provisions of this Agreement. Damages recoverable by Railway and City a
shall not be limited by the amount of the required insurance coverage. CY
In the event of a claim or lawsuit involving Railway or City arising out of this
agreement, Contractor will make available any required policy covering such
claim or lawsuit. U_
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These insurance provisions are intended to be a separate and distinct 0°
obligation on the part of the Contractor. Therefore, these provisions shall be m
enforceable and Contractor shall be bound thereby regardless of whether or Y
not indemnity provisions are determined to be enforceable in the jurisdiction
in which the work covered hereunder is performed. E
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BNSF Crossing Improvements/Ha Ilock 34 Janua
Project Number: 23-3028.3 Packet Pg. 136
8.H.a
EXHIBIT B (Continued) ,-
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For purposes of this section, Railway shall mean "Burlington Northern Santa 0°
Fe LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns c
and affiliates of each. N
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BNSF Crossing Improvements/Hal lock 35 Janua
Project Number: 23-3028.3 Packet Pg. 137
8.1
KENT
DATE: March 21, 2023
TO: Kent City Council
SUBJECT: Funding Agreement with King County Metro for a Non-
Motorized Access Grant - James, Smith, and Meeker Streets
Sidewalks - Authorize
MOTION: I move to authorize the Mayor to sign a funding agreement with
the King County Metro Transit Department, in the amount of $175,000,
subject to final terms and conditions acceptable to the City Attorney and
the Public Works Director.
SUMMARY:
In October 2020, King County Metro and the City of Kent agreed through Council
action to design Access to Transit improvements at 5 locations. The City completed
preliminary design at each of the locations within the agreed budget and continues
to seek external funding to construct the improvements. King County Metro
approached the City with a proposal to use remaining funds to construct
improvements within the cost estimates and timeline of the original funding source,
a WSDOT Regional Mobility Grant (RMG). The RMG funds must be spent by June
30, 2023. Due to this time constraint, King County Metro will fund the construction
phase for improvements with completed designs and permits, as follows.
Location (intersection or Proposed Phase(s)/costs to
corridor with extents) Improvements be expensed under
this agreement
Smith St. between 1st Avenue ADA curb ramp and Construction
South and Railroad Avenue South sidewalk delineation
James St between 1st Avenue ADA curb ramp and Construction
South and Railroad Avenue South sidewalk delineation
Meeker St between 1st Avenue Sidewalk and sidewalk Construction
South and Railroad Avenue South delineation
BUDGET IMPACT: King County Metro will pay for construction of three project
locations, up to $175,000.
SUPPORTS STRATEGIC PLAN GOAL:
Packet Pg. 138
8.1
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. Transit Access Agreement(PDF)
03/06/23 Public Works Committee MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 3/21/2023
7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Brenda Fincher, Committee Chair
AYES: Brenda Fincher, Marli Larimer
Packet Pg. 139
8.I.a
2023 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
between
KING COUNTY, METRO TRANSIT DEPARTMENT
and
CITY OF KENT
THIS NON-MOTORIZED TRANSIT ACCESS AGREEMENT(the "Agreement") is made and entered into by
and between the City of Kent, a municipality of the State of Washington, (the "City" or"Contractor") and
King County, a political subdivision of the State of Washington,through its Metro Transit Department
(the "County"), either of which entity may be referred to hereinafter as "Party" or collectively as the
"Parties."
WHEREAS, the County has been awarded a Regional Mobility grant ("Grant")from the Washington
State Department of Transportation ("WSDOT") that is expected to improve connectivity and mobility by Q
providing capital funding assistance to implement a high-occupancy vehicle (HOV) parking program, on-
site bicycle parking improvements, and to construct non-motorized system improvements connecting ^'
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bikeways and walkways to park and ride facilities/transit centers serving major transportation corridors; c
and M
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WHEREAS,for the non-motorized improvements element of the WSDOT Grant, the County intends to Z
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partner with local jurisdictions to fund the design and construction of such capital projects as sidewalks, m
bikeways, safe crossings,ADA ramps, traffic calming devices and treatments, lighting, traffic counters, 2
and other improvements for enhanced safety, comfort and access to transit services and facilities; and Y
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WHEREAS, Metro has worked with the cities of Renton, Kent and Auburn to redesign transit service in
their cities and to identify barriers to accessing transit service; and
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WHEREAS, the County and the City have mutual interest in reducing barriers to transit service in order to E
support access to transit services and facilities in the City; and
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WHEREAS, the Parties have identified capital improvement project(s) eligible for the funds that will N
support and improve transit access in the City; U
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NOW,THEREFORE, in consideration of the mutual covenants set forth herein,the sufficiency of which is rn
hereby acknowledged, the Parties agree as follows:
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1. PURPOSE OF AGREEMENT
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The purpose of this Agreement is to establish the terms and conditions under which the County will
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subcontract with the City allocating a portion of the WSDOT Grant proceeds to provide funding for the Q
City to construct certain transit access improvements consisting, in summary, of pedestrian and bicycle
safety improvements at specific locations (the "Project"), as more particularly described in the Scope of
Work("SOW") set forth at Exhibit A,which is attached hereto and incorporated herein by this reference.
2. DUTIES AND RESPONSIBILITIES OF THE CITY
2023 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page 1 of 16
Packet Pg. 140
8.I.a
2.1 Under this agreement,the City shall furnish the necessary personnel, equipment, material
and/or services and otherwise do all things necessary for or incidental to the transit access
capital improvements provided for in the Project description set forth in Exhibit A.The Project
objectives and timelines are provided for with particularity in Exhibit A.
2.2 It shall be the City's responsibility to construct the Project in compliance with applicable
requirements of federal, state and local laws, rules and regulations, including, but not limited to,
the Americans with Disabilities Act ("ADA").The City shall also be responsible for the
administration and funding of any contracts it enters into for the performance of its
responsibilities under this Agreement.
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2.3 The City will provide the County with regular progress reports for the duration of this N
agreement, at least quarterly,to identify work progress and other matters of significance in the
performance of this Agreement. U
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2.4 As detailed in the Exhibit A,the City shall submit design plans for the Project improvements to ^'
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the County for its review and written approval.The County will have the opportunity to review c
and provide written comments on the plans to ensure consistency with Exhibit A. Should the
City desire to change the final Project design after the County's initial review and approval of the 0
initial design plans, whether based on additional engineering or traffic analysis, input from Z
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stakeholders, or other factors,the County's Contract Manager, as provided for in Section 18 of
this Agreement, shall be notified of such proposed changes. Any such changes that are deemed
significant by the County shall require joint written approval consistent with Section 15 of this Y
Agreement.
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2.5 The City will secure any additional funding to complete the improvements if County funds under
this agreement do not cover full costs.The constructed improvements will be the property of
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the City.The City will be responsible for on-going maintenance, repair and replacement of any m
project improvements.
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2.6 This Agreement is subject to the requirements of the State Capital Construction Grant N
Agreement GCB 2289 (the "Grant Agreement"), pursuant to which the County, as the Grant U
recipient, agreed to include Sections 9 through 17 of the Grant Agreement, attached hereto as Q
Exhibit B and incorporated herein by this reference, in each subcontract and in all contracts it
enters into for the employment of any individuals, procurement of any incidental goods or
supplies, or the performance of any work to be accomplished with funds awarded under the
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Grant Agreement.The County further agreed that those clauses shall not be modified in any
such subcontract, except to identify the subcontractor or other person or entity that will be E
subject to its provisions.The City shall comply with the requirements of Exhibit B and shall
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ensure that any of its subcontractors comply with the requirements of Exhibit B when Q
performing work pursuant to this Agreement.
3. DUTIES AND RESPONSIBILITIES OF THE COUNTY
3.1 The County will reimburse the City for up to $175,000 of eligible costs incurred by the City for
the transit access capital improvements as provided for in the SOW as set forth in Exhibit A.
2023 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page 2 of 16
Packet Pg. 141
8.I.a
Under no circumstances will the County's contribution to the City's eligible Project costs exceed
$175,000 (the "Reimbursement Cap").
3.3 As the state Grant recipient,the County will be responsible for any reporting and/or invoicing
for reimbursement from WSDOT that may be required under the terms of the Grant award.
4. INVOICE AND PAYMENT PROCEDURES
4.1 The County will reimburse the City for eligible costs incurred for work performed pursuant to
this Agreement as identified in the SOW, except that costs incurred after June 30, 2023 shall not
be reimbursed.The City shall submit a completed invoice to the County detailing quarterly
activities, outcomes, expenses and reimbursement amount due within thirty(30) days of each N
quarter's end. The final invoice will cover the last quarter's expenses and any outstanding
eligible costs.The County shall pay the City within thirty(30) calendar days after the County has U
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received completed invoices. In no event shall the total reimbursement to City for work
performed pursuant to this Agreement exceed the Reimbursement Cap provided for in ^'
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Subsection 3.1 of this Agreement. 0
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4.2 In the event that an overpayment has been made to the City by the County,the County will bill 0
the City for the amount of overpayment.The City shall pay the County within thirty(30) days of Z
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receipt of an invoice for overpayment. Any disputes regarding whether or not an overpayment
was made to the City shall be resolved by the dispute resolution process set forth in Section 6.
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5. EFFECTIVE DATE AND DURATION OF AGREEMENT
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This Agreement shall take effect upon the latest date on which both Parties have signed the Agreement
(the "Effective Date") and shall remain in effect until September 30, 2023, unless extended by written
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amendment of the Parties pursuant to Section 15 of this Agreement or earlier terminated pursuant to m
the provisions of Section 7 of this Agreement.
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6. DISPUTE RESOLUTION PROCESS N
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6.1 Designated Dispute Resolution Representatives.The following individuals are the designated a
representatives for the purpose of resolving disputes that arise under this Agreement:
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For the County: Carol Cooper, Managing Director
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King County Metro Transit Market Innovation Section
201 South Jackson Street, MS KSC-TR-0411 E
Seattle, WA 98104
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(206) 477-5871 Q
carol.cooper@kingcounty.gov
For the City: Chad Bieren, PE, Deputy Public Works Director, City Engineer
City of Kent
400 West Gowe Street
Kent, WA 98032
2023 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page 3 of 16
Packet Pg. 142
8.I.a
(253) 856-5534
cbieren@KentWA.gov
6.2 The County representative and the City representative shall confer to resolve disputes that arise
under this Agreement as requested by either Party. The designated representatives shall use
their best efforts and exercise good faith to resolve such disputes.
6.3 In the event the designated representatives are unable to resolve the dispute,the City's Public
Works Director or her/his designee and the General Manager of the County's Metro Transit
Department or her/his designee shall confer and exercise good faith to resolve the dispute.
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6.4 In the event the Public Works Director and the General Manager of Metro Transit are unable to N
resolve the dispute, the Parties may, if mutually agreed in writing, submit the matter to non-
binding mediation.The Parties shall then seek to mutually agree upon the mediation process, U
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who shall serve as the mediator, and the time frame the Parties are willing to discuss the
disputed issue(s). ^'
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6.5 If the Parties cannot mutually agree as to the appropriateness of mediation,the mediation M
process, who shall serve as mediator, or the mediation is not successful,then either Party may 0
institute a legal action in the King County Superior Court, situated in Seattle, Washington, unless Z
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another venue is mutually agreed to in writing.
6.6 The Parties agree that they shall have no right to seek relief in a court of law until and unless Y
each of the above procedural steps has been exhausted. C,)
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7. TERMINATION
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7.1 Termination for Convenience.The County may terminate this Agreement for its convenience m
and without cause upon thirty(30) days written notice to the City.The date of termination will 9),
be 30 days after written notification. In the event of termination of this Agreement by the a
County pursuant to this Subsection 7.1, the County shall be liable only for costs incurred in N
accordance with the terms of this Agreement prior to the effective date of termination. U
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7.2 Termination for Cause. Either Party may terminate this Agreement in the event that the other
Party materially breaches this Agreement and such breach is not cured in the time provided in
this Subsection 7.2. Written notice of intended termination and a description of the breach must
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be provided via certified mail by the Party terminating this Agreement to the other Party not
less than thirty(30) calendar days prior to the intended effective date of termination.The E
breaching Party shall be given thirty(30) calendar days in which to cure its material breach to
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the reasonable satisfaction of the other Party. If the breaching Party fails to cure within thirty Q
(30) calendar days,the Agreement shall terminate on the date specified in the notice.
7.3 Termination for Non-Appropriation or Loss of Funding. In addition to termination for default,
the County may terminate this Agreement for non-appropriation or loss of funding by giving not
less than thirty(30) calendar days'written notice thereof to the City. In the event of termination
of this Agreement by the County pursuant to this Subsection 7.3,the County shall be liable only
2023 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page 4 of 16
Packet Pg. 143
8.I.a
for costs incurred in accordance with the terms of this Agreement prior to the effective date of
termination.
8. LEGAL RELATIONS
8.1 No Third Party Beneficiaries. It is understood that this Agreement is solely for the benefit of the
Parties hereto and gives no right to any other person or entity.
8.2 No Partnership or Joint Venture. No joint venture, agent-principal relationship or partnership is
formed as a result of this Agreement.
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8.3 Independent Capacity.The employees or agents of each Party who are engaged in the N
performance of this Agreement shall continue to be employees or agents of that Party and shall
not be considered for any purpose to be employees or agents of the other Party. U
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8.4 Applicable Law.This Agreement shall be governed by and construed in accordance with the laws ^'
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of the State of Washington. c
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8.5 Jurisdiction and Venue.The King County Superior Court, situated in Seattle, Washington, shall o
have exclusive jurisdiction and venue over any legal action arising under this Agreement. Z
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8.6 Mutual Negotiation and Construction.This Agreement and each of the terms and provisions
hereof shall be deemed to have been explicitly negotiated between, and mutually drafted by, v
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both Parties, and the language in all parts of this Agreement shall, in all cases, be construed
according to its fair meaning and not strictly for or against either Party.
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8.7 Survival. Each of the provisions of this Section 8 (Legal Relations) shall survive the expiration or
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earlier termination of this Agreement. m
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9. RECORDS RETENTION AND AUDIT Q
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9.1 Maintenance of Records. During the term of the Agreement and for a period not less than six (6) U
years from the date of its expiration or earlier termination,the records and accounts pertaining a
to this Agreement are to be kept available by both Parties for inspection and audit by the other
Party and the State Auditor, and copies of all records, accounts, documents, or other data
pertaining to the Agreement will be furnished upon reasonable notice. If any litigation, claim, or
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audit is commenced,the records and accounts along with supporting documentation shall be
retained until all litigation, claim, or audit finding has been resolved even though such litigation, E
claim, or audit continues past the six-year retention period.
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9.2 Disclosure of Public Records. Both Parties acknowledge and agree that all non-privileged, non-
exempt records that may be maintained pursuant to Subsection 9.1 of this Agreement are
subject to public disclosure under the Washington State Public Records Act, Chapter 42.56 RCW.
10. FORCE MAJEURE
2023 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page S of 16
Packet Pg. 144
8.I.a
Either Party to this Agreement shall be excused from performance of its responsibilities and obligations
under this Agreement, and shall not be liable for damages due to failure to perform, during the time and
to the extent that it is prevented from performing by a cause directly or indirectly beyond its control,
including, but not limited to: late delivery or nonperformance by vendors of materials or supplies; any
incidence of fire,flood, snow, earthquake, or acts of nature; strikes or labor actions; accidents, riots,
insurrection,terrorism, or acts of war; order of any court or civil authority; commandeering material,
products, or facilities by the federal, state or local government; or national fuel shortage; when
satisfactory evidence of such cause is presented to the other Party to this Agreement, and provided that
such non-performance is beyond the control and is not due to the fault or negligence of the Party not
performing.
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11. NONDISCRIMINATION
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The City agrees to comply with all applicable federal, state, and local laws, rules, and regulations U
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pertaining to nondiscrimination and agrees to require the same of any and all subcontractors providing
services or performing any work using funds provided under this Agreement. During the performance of ^'
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this Agreement, neither the City nor any entity subcontracting under the authority of this Agreement, c
shall discriminate or tolerate harassment on the basis of sex, race, color, marital status, national origin, M
religious affiliation, disability, sexual orientation, gender identity or expression or age except by o
minimum age and retirement provisions, unless based upon a bona fide occupational qualification, in Z
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the administration or delivery of services or any other benefits under this Agreement. King County Code
Chapter 12.16 and 12.17 are incorporated herein by reference, and such requirements shall apply to this
Agreement. Y
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12. INDEMNIFICATIONCD
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The City and its successors and assigns shall protect, save, defend, indemnify and hold harmless the
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County, its elected officials, officers, employees, and agents while acting within the scope of their m
employment as such,from any and all costs, claims, actions,judgments, and/or awards of damages or
expenses of any nature whatsoever, arising out of or in any way resulting from the City's acts or a
omissions under this Agreement.The City agrees that it is fully responsible for the acts and omissions of N
its contractors, subcontractors, consultants, and their employees and agents, acting within the scope of U
their employment as such, as it is for the acts and omissions of its own employees and agents. The City a
agrees that its obligations under this provision extend to any claim, demand, and/or cause of action
brought by or on behalf of any of its employees or agents.The foregoing indemnity is specifically and
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expressly intended to constitute a waiver of the City's immunity under Washington's Industrial
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Insurance Act, RCW Title 51, as respects the County only, and only to the extent necessary to provide
the County, its elected officials, officers, employees, and agents with a full and complete indemnity of E
claims made by the City's employees. The Parties acknowledge that these provisions were specifically
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negotiated and agreed upon by them.The provisions of this Section 12 shall survive the expiration or Q
earlier termination of this Agreement.
13. WAIVER
A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
2023 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page 6 of 16
Packet Pg. 145
8.I.a
Agreement unless stated to be such in a writing signed by an authorized representative of the Party and
attached to the original Agreement.
14. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given
effect without the invalid provision, if such remainder conforms to the requirements of applicable law
and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are
declared to be severable.
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15. CHANGES AND MODIFICATIONS
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This Agreement may be changed, modified, or amended only by written agreement executed by U
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authorized representatives of both Parties.
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16. REPRESENTATION ON AUTHORITY OF SIGNATORIES
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The signatories to this Agreement represent that they have the authority to bind their respective 0
organizations to this Agreement. Z
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17. ALL TERMS AND CONDITIONS
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This Agreement contains all the terms and conditions agreed upon by the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the Parties hereto.
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18. CONTRACT MANAGEMENT m
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All contact information for the management of this Agreement shall be identified herein and may be a
updated by either Party for their agency only and shall be submitted in writing or electronic mail to the N
other Party. Any update to the Contract Managers shall state the effective date of said update. U
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Contract Manager for City of Kent King County
Contact Name Carla Maloney, PE Malva Slachowitz
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Title Design Engineering Manager Senior Transportation Planner
Address 400 West Gowe Street 201 South Jackson Street, KSC-TR-
Kent, WA 98032 0411, Seattle, WA 98104
Telephone 253-856-5523 206-477-5873 r
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Email cmaloney@KentWA.gov malva.slachowitz@kingcounty. ov Q
19. ASSIGNMENT
Neither this Agreement, nor any interest herein, may be assigned by either Party without the prior
written consent of the other Party.
20. EXECUTION OF AGREEMENT—COUNTERPARTS
2023 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page 7 of 16
Packet Pg. 146
8.I.a
This Agreement may be executed in two (2) counterparts, either of which shall be regarded for all
purposes as an original.
IN WITNESS THEREOF the Parties hereto have executed this Agreement by duly authorized
representatives on the dates shown below their respective signatures.
KING COUNTY CITY OF KENT
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By: By:
Michelle Allison, Interim General Mayor v,
Manager City of Kent
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King County Metro Transit Department
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Date:
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2023 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page 8 of 16
Packet Pg. 147
8.I.a
EXHIBIT A
SCOPE OF WORK
NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
1. Purpose
a. To construct improvements for pedestrian and bicycle safety and access to public transit
services at two locations:James Street between 15t Avenue South and Railroad Avenue
South and Smith Street between 15t Avenue South and Railroad Avenue S, as described +,
in Section 3. coo
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b. Construction of the Project will be the responsibility of the City.
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2. Scope of Services U
a. Project Management:The City will manage the project using professionals with capital Q
project experience. Budget and schedule will be monitored regularly throughout the work N
covered by this Agreement.The City will provide the County with progress reports at least o
41
quarterly, per Subsection 2.3 of this Agreement. G
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b. Design:The City will be responsible for managing the design of the project and developing c
the bid documents. The project will be designed following the City of Kent Design and Z
Construction Standards.The project will be permitted as a capital project, under the City's o
SEPA Planned Action. The City will maintain the lead agency role for SEPA.
c. The City shall submit design plans for the Project improvements to the County its review and v
written approval, per Subsection 2.4 of this Agreement. Y
d. Monitoring and Measurement Plan:The City will work with King County to develop a
monitoring and measurement plan and collect "before project" information. M
e. Reporting:The City will submit quarterly progress reports to the County during work under
this agreement to show work completed and spending.
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3. Construction, Inspection, Monitoring a
a. Construction:The City will monitor construction through completion. Upon Project
completion, all improvements constructed under the Project will be subject to the City's
maintenance policies and procedures. U
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b. Inspection: Existing City staff or a consultant project manager will provide construction
inspection services, possibly with third party support for specific specialties.
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C. Monitoring and Reporting: Upon construction completion,the City will work with Metro to t=
monitor usage of the project facilities on an annual basis for four years following project
completion. E
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4. Projects to be completed
Location (intersection or Proposed Improvements Phase(s)/costs to be Q
corridor with extents) expensed under this
agreement
Smith St. between 1st Avenue ADA curb ramp and sidewalk Construction
South and Railroad Avenue delineation
South
2023 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
Between King County and the City of Kent
Page 9 of 16
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8.I.a
James St between 1st Avenue ADA curb ramp and sidewalk Construction
South and Railroad Avenue delineation
South
Meeker St between 1st Sidewalk and sidewalk Construction
Avenue South and Railroad delineation
Avenue South
S. Schedule
Project milestones below represent work to be completed under this Agreement. Costs incurred
after June 30, 2023 shall not be eligible for reimbursement under this Agreement. c
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The project milestones are estimated as follows: N
Milestone Month/Year a)
Project completion for work under this June 2023 (required end of reimbursable Q
Agreement work)
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6. Budget M
The reimbursement cap by the County for City expenses is shown below, with estimated z
distribution by expense. Funds may be shifted between locations or expenses under this o
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Agreement. Other costs associated with the Project, including construction, are the
responsibility of the City.
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Phase/expense Costs r�
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Construction of proposed improvements Est. $165,000 M
Contingency Up to $ 10,000
Total County reimbursement cap Max. $175,000
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2023 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
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Page 10 of 16
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8.I.a
Exhibit B
Assignments and Subcontracts
Assignments, Subcontracts, and Leases
A. Unless otherwise authorized in advance in writing by WSDOT,the CONTRACTOR shall not assign
any completed Project facilities and/or infrastructure under this AGREEMENT, or execute any contract,
amendment, or change order thereto pertaining to the Project or obligate itself in any manner with any
third party with respect to its rights and responsibilities under this AGREEMENT or lease or lend the
Project or any part thereof to be used by anyone not under the CONTRACTOR's direct supervision.
B. The CONTRACTOR agrees to include Sections 11 through 25 of this AGREEMENT in each
subcontract and in all contracts it enters into for the employment of any individuals, procurement of any U
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materials, or the performance of any work to be accomplished under this AGREEMENT. The PARTIES
further agree that those clauses shall not be modified, except to identify the subcontractor or other ^'
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person or entity that will be subject to its provisions. In addition, the following provision shall be c
included in an advertisement or invitation to bid for any procurement by the CONTRACTOR under this M
AGREEMENT: 0
Statement of Financial Assistance: Z
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"This AGREEMENT is subject to the appropriations of the State of Washington."
Section 11 Reports and Project Use Y
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A. The CONTRACTOR agrees that the Project shall be used for the provision of transportation
services within the area indicated in Exhibit I Attachment A,for the term of the Project's plus four years
after the project is complete, as set forth in WSDOT's Regional Mobility Grants Program Guidebook, and
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any subsequent amendments thereto. The CONTRACTOR further agrees that it will not use or permit the m
use of the Project in a negligent manner or in violation of any law, or so as to avoid any insurance
covering the same, or permit the Project to become subject to any lien, charge, or encumbrance. Should a
the CONTRACTOR unreasonably delay or fail to use the Project during the project term and reporting N
period,the CONTRACTOR agrees that it may be required to refund up to the entire amount of the "State U
Regional Mobility Grants Funds" expended on the Project.The CONTRACTOR shall immediately notify a
WSDOT when any Project facilities and/or infrastructure is withdrawn from Project use or when the
Project or any part thereof is used in a manner substantially different from that identified in Exhibit I,
"Project Scope, Schedule and Budget" and Attachment A. If the Project is permanently removed from
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transportation services,the CONTRACTOR agrees to immediately notify WSDOT of its intentions
regarding the disposal of the Project or any part of the Project thereof. E
B. Reports. The CONTRACTOR shall submit quarterly reports to WSDOT for the Term of Project,
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regarding the progress of the Project and annual performance reports for four calendar years after the Q
project is operationally complete, as prescribed in WSDOT's Regional Mobility Grants Program
Guidebook, and any subsequent amendments thereto or as WSDOT may require, including, but not
limited to, interim and annual reports.The CONTRACTOR shall keep satisfactory written records with
regard to the use of Project and shall submit the following reports to, and in a form and at such times
prescribed by WSDOT as set forth in WSDOT's Regional Mobility Grants Program Guidebook, 2015
version, and any subsequent amendments thereto:
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1. An approved Performance Measurement Plan must be on file with WSDOT before submitting
the first reimbursement request.
2. An Annual Performance Report that includes a summary of overall project performance and
supporting data.
3. Reports describing the current usage of the Project and other data which WSDOT may request
from the CONTRACTOR by memos, a-mails or telephone requests.
4. In the event any portion of the Project sustains disabling damage,the CONTRACTOR shall notify
WSDOT immediately after the occasion of the damage, including the circumstances thereof.
5. The CONTRACTOR shall collect and submit to WSDOT, at such time as WSDOT may require, such
financial statements, data, records, contracts, and other documents related to the Project as may be
deemed necessary by WSDOT.
C. Remedies for Misuse or Noncompliance.The CONTRACTOR shall not use the Project or any part
thereof in a manner different from that described in Exhibit I, Project Scope, Schedule and Budget, and U
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Attachment A, as set forth in Section 2 of the AGREEMENT. If WSDOT determines that the Project has
been used in a manner different from Exhibit I, Project Scope, Schedule and Budget, and Attachment A, ^'
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WSDOT may direct the CONTRACTOR to repay WSDOT the State funded share of the "Project Costs." c
WSDOT may also withhold payments should it determine that the CONTRACTOR has failed to comply
with any provision of this AGREEMENT. 0
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Section 12 Maintenance of the Project
The CONTRACTOR shall make all necessary repairs and reasonably maintain the Project to assure it Y
remains in good and operational condition until the end of its useful life.The useful life of the
constructed project is determined by WSDOT, indicated in the "Financial Plan Table" of the 2015-2017
Regional Mobility Grant Application that is based upon Architectural/Engineering(A&E) estimates,
materials used and industry standards for the type of structure built. All service, materials, and repairs in
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connection with the use and operation of the Project during its useful life shall be at the CONTRACTOR's m
expense. CONTRACTORS who are transit agencies must also have a Transit Asset Management Plan
certified by WSDOT that details the transit agency's plan to maintain the Project. All other a
CONTRACTORS must submit a written Maintenance Plan to WSDOT for approval prior to the occupation N
and/or operations of the Project. The CONTRACTOR agrees, at a minimum, to maintain the Project and U
service or replace parts at intervals recommended in the manuals and/or instructions provided by the Q
subcontractors and/or component manufacturers, or sooner if needed.The CONTRACTOR shall have the
Project routinely inspected and make arrangements for any appropriate service and repair under the
manufacturer's warranty. WSDOT shall not be liable for repairs. The CONTRACTOR shall retain records
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of all maintenance and parts replacement performed on the Project in accordance with Section 22,
Audits, Inspection, and Retention of Records.The CONTRACTOR shall provide copies of such records to E
WSDOT, upon request.
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Section 13 General Compliance Assurance
The CONTRACTOR agrees to comply with all instructions as prescribed in WSDOT's Regional Mobility
Grants Program Guidebook and any amendments thereto.The CONTRACTOR agrees that, WSDOT
and/or any authorized WSDOT representative, shall have not only the right to monitor the compliance
of the CONTRACTOR with respect to the provisions of this AGREEMENT, but also have the right to seek
judicial enforcement with regard to any matter arising under this AGREEMENT. It is understood by the
2023 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
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CONTRACTOR that this assurance obligates the CONTRACTOR and any transferee of the CONTRACTOR,
or said transferee's successor(s),for the term of this AGREEMENT."
Section 14 Compliance with State Design Standards
The CONTRACTOR agrees the Project design must comply with all Washington State Standard
Specifications for Road, Bridge, and Municipal Construction
(www.wsdot.wa.gov/Publications/Manuals/M41-10.htm), and any revisions thereto. Projects that wish
to use design standards that differ from state standards must submit a request to WSDOT's Public
Transportation Division and obtain documented approval before design work commences.
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Section 15 No Obligation by the State Government N
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No contract between the CONTRACTOR and its subcontractors shall create any obligation or liability of U
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WSDOT with regard to this AGREEMENT without WSDOT's specific written consent, notwithstanding its
concurrence in, or approval of,the award of any contract or subcontract or the solicitations thereof ^'
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and the CONTRACTOR hereby agrees to include this provision in all contracts it enters into for the c
design, acquisition, and construction of facilities and/or infrastructure related to the Project, or the M
performance of any work to be accomplished under this AGREEMENT. 0
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Section 16 Ethics
A. Relationships with Employees and Officers of WSDOT.The CONTRACTOR shall not extend any Y
loan, gratuity or gift of money in any form whatsoever to any employee or officer of WSDOT, nor shall
the CONTRACTOR rent or purchase any Project equipment and materials from any employee or officer
of WSDOT.
B. Employment of Former WSDOT Employees.The CONTRACTOR hereby warrants that it shall not
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engage on a full, part-time, or other basis during the period of this AGREEMENT, any professional or m
technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the
employ of WSDOT without written consent of WSDOT. Q
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Section 17 Compliance with Laws and Regulations U
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The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations including but
not limited to, those concerning employment, equal opportunity employment, nondiscrimination
assurances, project record keeping necessary to evidence compliance with such federal and state laws
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and regulations, and retention of all such records. The CONTRACTOR will adhere to all of the
nondiscrimination provisions in Chapter 49.60 RCW. E
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Section 18 State and Local Law Q
Except when a federal statute or regulation pre-empts state or, local law, no provision of this
AGREEMENT shall require the CONTRACTOR to observe or enforce compliance with any provision,
perform any other act, or do any other thing in contravention of state or local law. Thus if any provision
or compliance with any provision of this AGREEMENT violates state, or local law, or would require the
CONTRACTOR to violate state or local law,the CONTRACTOR agrees to notify WSDOT immediately in
2023 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
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writing. Should this occur, WSDOT and the CONTRACTOR agree to make appropriate arrangements to
proceed with or, if necessary, expeditiously,terminate the Project.
Section 19 Labor Provisions
Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the Project work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty(40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times the basic rate of pay for all hours worked in excess of forty(40) hours
in such workweek. CONTRACTOR will comply with Title 49 RCW, Labor Regulations.
Section 20 Environmental Protections and Archeological Preservation
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The CONTRACTOR agrees to comply with all applicable requirements of chapter 43.21C RCW "State
Environmental Policy Act" (SEPA).The CONTRACTOR also agrees to comply with all applicable i
requirements of Executive Order 05-05,Archeological and Cultural Resources, for all capital construction c
projects or land acquisitions for the purpose of a capital construction project, not undergoing Section
106 review under the National Historic Preservation Act of 1966 (Section 106). 0
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Section 21 Accounting Records
A. Project Accounts.The CONTRACTOR agrees to establish and maintain for the Project either a Y
separate set of accounts or separate accounts within the framework of an established accounting
system that can be identified with the Project.The CONTRACTOR agrees that all checks, payrolls,
invoices, contracts,vouchers, orders, or other accounting documents pertaining in whole or in part to
the Project shall be clearly identified, readily accessible and available to WSDOT upon request, and,to
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the extent feasible, kept separate from documents not pertaining to the Project. m
B. Documentation of Project Costs and Program Income.The CONTRACTOR agrees to support all
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allowable costs charged to the Project, including any approved services contributed by the a
CONTRACTOR or others, with properly executed payrolls,time records, invoices, contracts, or vouchers N
describing in detail the nature and propriety of the charges.The CONTRACTOR also agrees to maintain U
accurate records of all program income derived from implementing the Project. a
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Section 22 Audits, Inspection, and Retention of Records
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A. Submission of Proceedings, Contracts, Agreements, and Other Documents. During the term of
the Project and for six (6)years thereafter,the CONTRACTOR agrees to retain intact and to provide any E
data, documents, reports, records, contracts, and supporting materials relating to the Project as WSDOT
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may require. Project closeout does not alter these recording and record-keeping requirements. Should Q
an audit, enforcement, or litigation process be commenced, but not completed, during the
aforementioned six (6)year period then the CONTRACTOR's obligations hereunder shall be extended
until the conclusion of that pending audit, enforcement, or litigation process.
B. General Audit Requirements.The CONTRACTOR agrees to obtain any other audits required by
WSDOT at CONTRACTOR's expense. Project closeout will not alter the CONTRACTOR's audit
responsibilities.
2023 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
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C. Inspection.The CONTRACTOR agrees to permit WSDOT, and the State Auditor, or their
authorized representatives,to inspect all Project work materials, payrolls, maintenance records, and
other data, and to audit the books, records, and accounts of the CONTRACTOR and its contractors
pertaining to the Project.The CONTRACTOR agrees to require each third-party contractor to permit
WSDOT,the State Auditor, or their duly authorized representatives,to inspect all work, materials,
payrolls, maintenance records, and other data and records involving that third party contract, and to
audit the books, records, and accounts involving that third party contract as it affects the Project.
Section 23 Permitting
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The CONTRACTOR agrees to be solely responsible for all required Federal, State and/or local permitting
as related to the Project. N
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Section 24 Loss or Damage to the Project U
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A. The CONTRACTOR, at its own expense, shall cover any loss,theft, damage, or destruction of the ^'
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Project's facilities, associated equipment and/or infrastructure using either of the following methods: c
1. The CONTRACTOR shall maintain property insurance for facilities, associated equipment and/or M
infrastructure adequate to cover the value of the Project; the CONTRACTOR shall supply a copy of the 0
Certificate of Insurance specifying such coverage to WSDOT with the first request for reimbursement, Z
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and supply proof of renewal annually thereafter; or
2. The CONTRACTOR shall certify that it has self-insurance and provide a written certificate of self-
insurance to WSDOT with the first request for reimbursement, and annually thereafter.The Y
CONTRACTOR will cover from its own resources the costs of repairing or replacing any Project facilities,
associated equipment and/or infrastructure, if it is stolen, damaged, or destroyed in any manner.
B. If the damage to the Project does not result in a total loss, payments for damage shall be paid
directly to the CONTRACTOR.The CONTRACTOR shall,within thirty(30) days, either: 1. Devote all of the
insurance proceeds received to repair the Project and place it back in service, and the CONTRACTOR m
shall, at its own expense, pay any portion of the cost of repair which is not covered by insurance; or
2. In the event the CONTRACTOR certified to self- insurance, devote all funds necessary to repair a
the Project and place it back into service. N
C. If the Project is a total loss, either by theft or damage, the insurance proceeds or equivalent U
shall be paid directly to the CONTRACTOR and within fifteen (15) days the CONTRACTOR shall pay a
WSDOT its proportionate funded share of such proceeds received.The CONTRACTOR shall within sixty
(60) days of loss,theft, or damage, notify WSDOT that it either:
1. Intends to replace the lost Project facilities, associated equipment and/or infrastructure; or
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2. Does not intend to replace the lost Project facilities, associated equipment and/or
infrastructure. E
D. If the CONTRACTOR intends to replace the Project facilities, associated equipment and/or
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infrastructure then WSDOT will reimburse the CONTRACTOR upon receipt of an approved invoice, funds Q
up to the amount WSDOT received in insurance proceeds.
E. Coverage, if obtained or provided by the CONTRACTOR in compliance with this section, shall not be
deemed as having relieved the CONTRACTOR of any liability in excess of such coverage as required by
the limitation of liability section of this AGREEMENT, or otherwise.
Section 25 Limitation of Liability
2023 NON-MOTORIZED TRANSIT ACCESS IMPROVEMENTS AGREEMENT
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8.I.a
A. The CONTRACTOR shall indemnify and hold WSDOT, its agents, employees, and officers
harmless from and process and defend at its own expense any and all claims, demands, suits at law or
equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as "claims"), of
whatsoever kind or nature brought against WSDOT arising out of, in connection with or incident to this
AGREEMENT and/or the CONTRACTOR's performance or failure to perform any aspect of this
AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents, employees and
officers arising out of, in connection with or incident to the negligent acts omissions of the
CONTRACTOR, its agents, employees and officers. Provided, however,that nothing herein shall require
the CONTRACTOR to indemnify and hold harmless or defend the WSDOT, its agents, employees or
officers to the extent that claims are caused by the negligent acts or omissions of the WSDOT, its agents,
employees or officers.The indemnification and hold harmless provision shall survive termination of this
AGREEMENT.
B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the
employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in any U
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manner be deemed to be employees of WSDOT.
C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR's 1-
employees and/or subcontractors and solely for the purposes of this indemnification and defense, the c
CONTRACTOR specifically waives any immunity under the State Industrial Insurance Law,Title 51 M
Revised Code of Washington. o
D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or other legal o
expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such
fees, costs and expenses shall be coverable by the prevailing PARTY.
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10.A
KENT
WASHINGTON
DATE: March 21, 2023
TO: Kent City Council
SUBJECT: 2023 Asphalt Overlays - Award
MOTION: I move to award the 2023 Asphalt Overlays Project to ICON
Materials in the amount of $2,872,117.50 and authorize the Mayor to sign
all necessary documents, subject to final terms and conditions acceptable
to the City Attorney and Public Works Director.
SUMMARY:
The project includes asphalt grinding and pavement overlay repairs throughout
Kent and includes two chip seal locations. Associated curb ramp upgrades and
sidewalk repairs are also included, along with traffic calming (speed cushions) on
South 259th Street west of Green River Road.
The bid opening for the 2023 Asphalt Overlays Project was held on March 14, 2023
with four bids received. The lowest responsible and responsive bid was submitted
by ICON Materials in the amount of $2,872,117.50.
Bid Tab Summary
01. ICON Materials $2,872,117.50
02. Lakeside Industries $2,874,350.00
03. Tucci & Sons, Inc. $3,067,890.00
04. Miles Resources, LLC $3,190,050.00
Engineer's Estimate $3,290,870.00
BUDGET IMPACT: This project uses funding from the Street Fund and the Solid
Waste Utility Tax.
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. 156
10.A
ATTACHMENTS:
1. 2023 Asphalt Overlays Bid Tab (PDF)
Packet Pg. 157
10.A.a
2023 Asphalt Overlays 1 2 3 4
Bid Opening: March 14, 2023, 11:00 AM ICON Materials Lakeside Industries Tucci &Sons Inc. Miles Resources, LLC
1508 Valentine Avenue SE 18808 SE 256th Street 4224 Waller Road 400 Valley Avenue NE
Disclaimer:These preliminary bid results are provided as a convenience to Pacific,WA 98047-2103 Covington,WA 98042 Tacoma,WA 98443-1623 Puyallup,WA 98372
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
TOTAL $2,872,117.50 $2,874,350.00 $3,067,890.00 $3,190,050.00 -a
ITEM DESCRIPTION QTY UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT Q
SCHEDULE I:SOLID WASTE y
1000 Mobilization 1 LS 198,000.00 $198,000.00 175,000.00 $175,000.00 165,000.00 $165,000.00 200,000.00 $200,000.00
R
1005 Clearing and Grubbing 1 LS 2,100.00 $2,100.00 6,500.00 $6,500.00 11,000.00 $11,000.00 6,000.00 $6,000.00
1010 * Remove Existing Asphalt Concrete Pavement 220 SY 25.00 $5,500.00 58.00 $12,760.00 24.00 $5,280.00 30.00 $6,600.00 0
1020 * Remove Cement Concrete Sidewalk 400 SY 51.00 $20,400.00 66.00 $26,400.00 36.00 $14,400.00 150.00 $60,000.00
1025 * Remove Cement Concrete Curb and Gutter 660 LF 23.00 $15,180.00 28.00 $18,480.00 8.00 $5,280.00 30.00 $19,800.00
1030 Remove Cement Concrete C-Curb 110 LF 23.00 $2,530.00 28.00 $3,080.00 24.00 $2,640.00 25.00 $2,750.00
1040 Removal of Raised Pavement Markers and Painted 1 LS 5,600.00 $5,600.00 2,500.00 $2,500.00 3,000.00 $3,000.00 2,530.00 $2,530.00 Q
and/or Thermoplastic Traffic Markinos
1050 *Saw Cut Existing Asphalt Concrete Pavement 1,800 LF 6.70 $12,060.00 6.00 $10,800.00 5.00 $9,000.00 3.00 $5,400.00 N
1055 *Saw Cut Existing Cement Concrete Pavement 300 LF 6.70 $2,010.00 6.00 $1,800.00 18.00 $5,400.00 3.00 $900.00 N
1060 * Roadway Excavation,Incl. Haul 400 CY 59.00 $23,600.00 60.00 $24,000.00 111.00 $44,400.00 89.00 $35,600.00
1065 * Unsuitable Foundation Excavation Incl. Haul 120 CY 52.00 $6,240.00 60.00 $7,200.00 113.00 $13,560.00 100.00 $12,000.00 c
1075 *Gravel Borrow,Including Haul and Compaction 260 TON 23.00 $5,980.00 35.00 $9,100.00 41.00 $10,660.00 35.00 $9,100.00 M
1080 * Crushed Surfacing Top Course, 5/8 Inch Minus 560 TON 52.00 $29,120.00 50.00 $28,000.00 45.00 $25,200.00 35.00 $19,600.00
1090 Chip Seal 21,000 SY 10.35 $217,350.00 9.50 $199,500.00 10.75 $225,750.00 10.00 $210,000.00
1092 Asphalt for Fog Seal 21,000 SY 0.86 $18,060.00 0.80 $16,800.00 0.85 $17,850.00 0.80 $16,800.00 H
1094 Crack Sealing 1 LS 19,000.00 $19,000.00 18,000.00 $18,000.00 18,500.00 $18,500.00 17,500.00 $17,500.00
1095 * HMA Class 1/2", PG 58V-22 1,200 TON 140.00 $168,000.00 175.00 $210,000.00 211.00 $253,200.00 165.00 $198,000.00 m
1100 * HMA for Full Width Overlay Class 1/2", PG 58V-22 2,700 TON 110.00 $297,000.00 125.00 $337,500.00 125.00 $337,500.00 133.00 $359,100.00
1105 Asphalt Cost Price Adjustment 1 CALC 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00
1110 * Planing Bituminous Pavement 17,900 SY 11.00 $196,900.00 6.00 $107,400.00 4.25 $76,075.00 5.15 $92,185.00 y
1145 * Cement Concrete Sidewalk 100 SY 94.00 $9,400.00 95.00 $9,500.00 115.00 $11,500.00 90.00 $9,000.00 0
1170 Cement Concrete Sidewalk Ramp Type Parallel A 8 EA 2,242.00 $17,936.00 2,500.00 $20,000.00 3,400.00 $27,200.00 2,000.00 $16,000.00
1175 Cement Concrete Sidewalk Ramp Type Parallel B 7 EA 2,242.00 $15,694.00 2,500.00 $17,500.00 3,400.00 $23,800.00 2,000.00 $14,000.00
1180 Cement Concrete Sidewalk Ramp Type Combination 1 EA 2,242.00 $2,242.00 2,500.00 $2,500.00 3,400.00 $3,400.00 2,000.00 $2,000.00 Q
1205 * Cement Concrete Curb and Gutter 660 LF 40.00 $26,400.00 42.00 $27,720.00 40.00 $26,400.00 40.00 $26,400.00 to
1211 * Pedestrian Curb 300 LF 40.00 $12,000.00 42.00 $12,600.00 40.00 $12,000.00 40.00 $12,000.00 Q
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1221 * Replace Existing Catch Basin Frame and Grate and 6 EA 350.00 $2,100.00 1,000.00 $6,000.00 1,800.00 $10,800.00 1,800.00 $10,800.00 c
Adiust to Finished Grade N
1225 * Replace Existing Manhole Circular Frame and Cover 12 EA 1,125.00 $13,500.00 1,000.00 $12,000.00 1,800.00 $21,600.00 1,850.00 $22,200.00 +�
and Adiust to Finished Grade r-
1229 Replace Existing Manhole Rectangular Frame and 4 EA 1,630.00 $6,520.00 1,000.00 $4,000.00 1,800.00 $7,200.00 1,850.00 $7,400.00 E
Cover with Circular Frame and Cover and Adjust to v
Finished Grade
1230 * Replace Existing Valve Box Top Section and Lid 11 EA 640.00 $7,040.00 600.00 $6,600.00 1,100.00 $12,100.00 1,000.00 $11,000.00
1235 Adjust Existing Meter Box to Finished Grade 2 EA 504.00 $1,008.00 600.00 $1,200.00 300.00 $600.00 900.00 $1,800.00 Q
1236 Adjust Existing Monitoring Well to Finished Grade 1 EA 504.00 $504.00 750.00 $750.00 600.00 $600.00 1,200.00 $1,200.00
1245 * Install New Riser for Monument Case and Cover and 14 EA 545.00 $7,630.00 500.00 $7,000.00 600.00 $8,400.00 1,000.00 $14,000.00
Adiust to Finished Grade
1295 * Permanent Signing Including Post and Foundation 4 EA 980.00 $3,920.00 1,000.00 $4,000.00 500.00 $2,000.00 1,000.00 $4,000.00
1500 * Uniformed Off-Duty Police Officer 100 HR 135.00 $13,500.00 135.00 $13,500.00 150.00 $15,000.00 150.00 $15,000.00
1505 *Traffic Control Labor 2,100 HR 69.00 $144,900.00 75.00 $157,500.00 72.00 $151,200.00 75.00 $157,500.00
1510 *Traffic Control Supervisor 800 HR 75.00 $60,000.00 100.00 $80,000.00 113.00 $90,400.00 150.00 $120 000.00
1520 Temporary Traffic Control Devices 1 LS 10,315.50 $10,315.50 10,000.00 $10,000.00 5,800.00 $5,800.00 5,000.00 $ Packet Pg. 158
10.A.a
2023 Asphalt Overlays 1 2 3 4
Bid Opening: March 14, 2023, 11:00 AM ICON Materials Lakeside Industries Tucci &Sons Inc. Miles Resources, LLC
1508 Valentine Avenue SE 18808 SE 256th Street 4224 Waller Road 400 Valley Avenue NE
Disclaimer:These preliminary bid results are provided as a convenience to Pacific,WA 98047-2103 Covington,WA 98042 Tacoma,WA 98443-1623 Puyallup,WA 98372
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
TOTAL $2,872,117.50 $2,874,350.00 $3,067,890.00 $3,190,050.00 -a
ITEM DESCRIPTION QTY UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 3
1530 * Portable Changeable Message Sign (PCMS) 120 DAY 75.00 $9,000.00 95.00 $11,400.00 175.00 $21,000.00 95.00 $11,400.00 Q
1535 * Sequential Arrow Sign (SAS) 60 DAY 28.00 $1,680.00 55.00 $3,300.00 105.00 $6,300.00 70.00 $4,200.00 y
1540 * Construction Signs Class A 300 SF 16.00 $4,800.00 25.00 $7,500.00 22.00 $6,600.00 30.00 $9,000.00
1615 Plastic Crosswalk Line 1,900 SF 7.48 $14,212.00 7.50 $14,250.00 7.00 $13,300.00 7.50 $14,250.00
1625 Plastic Stop Line(24 Inch Wide) 160 LF 12.00 $1,920.00 12.00 $1,920.00 12.00 $1,920.00 12.00 $1,920.00 >
1630 * Plastic Traffic Arrow 6 EA 402.00 $2,412.00 400.00 $2,400.00 400.00 $2,400.00 400.00 $2,400.00 0
1670 Plastic Double Yellow Centerline 4,800 LF 6.30 $30,240.00 6.50 $31,200.00 6.50 $31,200.00 6.30 $30,240.00
1675 * Profiled Plastic Double Yellow Centerline 2,000 LF 7.50 $15,000.00 7.50 $15,000.00 7.50 $15,000.00 7.50 $15,000.00 Q
1680 *White Plastic Edge Line 9,000 LF 3.45 $31,050.00 3.50 $31,500.00 3.50 $31,500.00 3.50 $31,500.00 Q
1685 Profiled Plastic Edge Line 3,700 LF 4.60 $17,020.00 4.50 $16,650.00 4.50 $16,650.00 5.00 $18,500.00 M
1690 * Plastic White Wide Line 600 LF 4.60 $2,760.00 5.00 $3,000.00 4.50 $2,700.00 5.00 $3,000.00 cV
1700 * 6 Foot Diameter Traffic Loop 19 EA 1,150.00 $21,850.00 1,100.00 $20,900.00 1,100.00 $20,900.00 1,100.00 $20,900.00 N
1705 *Additional Lead-In Wire 500 LF 5.75 $2,875.00 6.00 $3,000.00 5.50 $2,750.00 5.50 $2,750.00
1710 Installation and Connections-City Owned Video 1 LS 8,050.00 $8,050.00 8,000.00 $8,000.00 7,800.00 $7,800.00 8,000.00 $8,000.00 p
Detection Camera LO
1800 * Inlet Protection 100 EA 44.00 $4,400.00 75.00 $7,500.00 100.00 $10,000.00 100.00 $10,000.00
1805 *Wattle 500 LF 2.75 $1,375.00 3.00 $1,500.00 5.50 $2,750.00 6.00 $3,000.00
1810 * ESC Lead 130 HR 17.00 $2,210.00 10.00 $1,300.00 20.00 $2,600.00 100.00 $13,000.00 H
1815 * Street Cleaning 130 HR 190.00 $24,700.00 175.00 $22,750.00 225.00 $29,250.00 250.00 $32,500.00
1827 Landscape Restoration 1 FA 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 m
1830 * Seeding and Fertilizing by Hand 100 SY 2.25 $225.00 10.00 $1,000.00 11.00 $1,100.00 100.00 $10,000.00
1835 *Topsoil Type A 10 CY 93.00 $930.00 145.00 $1,450.00 200.00 $2,000.00 100.00 $1,000.00 to
1840 *Wood Chip Mulch 10 CY 75.00 $750.00 145.00 $1,450.00 200.00 $2,000.00 100.00 $1,000.00 y
1850 Erosion/Water Pollution Control 1 FA 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 >
1855 SPCC Plan 1 LS 180.00 $180.00 1,000.00 $1,000.00 300.00 $300.00 500.00 $500.00
1900 Minor Changes 1 CALC 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00
Q
SCHEDULE I TOTAL $1,841,878.50 $1,860,160.00 $1,948,715.00 $2,012,225.00 N
Q
M
SCHEDULE II: B&O ROADWORK-S 196TH,S 277TH&OTHER SITES CV
2000 Mobilization 1 LS 82,000.00 $82,000.00 45,000.00 $45,000.00 7,500.00 $7,500.00 100,000.00 $100,000.00 N
2005 Clearing and Grubbing 1 LS 2,100.00 $2,100.00 2,500.00 $2,500.00 6,000.00 $6,000.00 2,500.00 $2,500.00
2010 * Remove Existing Asphalt Concrete Pavement 50 SY 25.00 $1,250.00 58.00 $2,900.00 24.00 $1,200.00 30.00 $1,500.00
2020 * Remove Cement Concrete Sidewalk 80 SY 51.00 $4,080.00 66.00 $5,280.00 36.00 $2,880.00 150.00 $12,000.00 t
2025 * Remove Cement Concrete Curb and Gutter 160 LF 23.00 $3,680.00 28.00 $4,480.00 8.00 $1,280.00 30.00 $4,800.00 c�
2040 Removal of Raised Pavement Markers and Painted 1 LS 5,600.00 $5,600.00 3,500.00 $3,500.00 2,400.00 $2,400.00 2,600.00 $2,600.00
and/or Thermoplastic Traffic Markinos Q
2050 *Saw Cut Existing Asphalt Concrete Pavement 320 LF 6.70 $2,144.00 6.00 $1,920.00 5.00 $1,600.00 3.00 $960.00
2055 *Saw Cut Existing Cement Concrete Pavement 60 LF 6.70 $402.00 6.00 $360.00 18.00 $1,080.00 3.00 $180.00
2060 * Roadway Excavation,Incl. Haul 1,500 CY 59.00 $88,500.00 60.00 $90,000.00 111.00 $166,500.00 89.00 $133,500.00
2065 * Unsuitable Foundation Excavation Incl. Haul 480 CY 52.00 $24,960.00 60.00 $28,800.00 113.00 $54,240.00 100.00 $48,000.00
2075 *Gravel Borrow,Including Haul and Compaction 960 TON 23.00 $22,080.00 35.00 $33,600.00 41.00 $39,360.00 35.00 $33,600.00
2080 * Crushed Surfacing Top Course, 5/8 Inch Minus 2,080 TON 52.00 $108,160.00 50.00 $104,000.00 45.00 $93,600.00 35.00 $72,800.00
2095 * HMA Class 1/2", PG 58V-22 600 TON 140.00 $84,000.00 175.00 $105,000.00 211.00 $126,600.00 165.00 $99,000.00
2100 * HMA for Full Width Overlay Class 1/2", PG 58V-22 400 TON 110.00 $44,000.00 125.00 $50,000.00 125.00 $50,000.00 133.00 $5 Packet Pg. 159
10.A.a
2023 Asphalt Overlays 1 2 3 4
Bid Opening: March 14, 2023, 11:00 AM ICON Materials Lakeside Industries Tucci &Sons Inc. Miles Resources, LLC
1508 Valentine Avenue SE 18808 SE 256th Street 4224 Waller Road 400 Valley Avenue NE
Disclaimer:These preliminary bid results are provided as a convenience to Pacific,WA 98047-2103 Covington,WA 98042 Tacoma,WA 98443-1623 Puyallup,WA 98372
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
TOTAL $2,872,117.50 $2,874,350.00 $3,067,890.00 $3,190,050.00 -a
ITEM DESCRIPTION QTY UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT Q
2105 Asphalt Cost Price Adjustment 1 CALC 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00
2110 * Planing Bituminous Pavement 7,900 SY 11.00 $86,900.00 6.00 $47,400.00 4.25 $33,575.00 5.15 $40,685.00 y
2120 Speed Cushion 2 EA 11,800.00 $23,600.00 8,000.00 $16,000.00 14,000.00 $28,000.00 8,300.00 $16,600.00
R
2145 * Cement Concrete Sidewalk 30 SY 94.00 $2,820.00 95.00 $2,850.00 115.00 $3,450.00 90.00 $2,700.00
2190 Cement Concrete Sidewalk Ramp Type Single Direction 2 EA 2,242.00 $4,484.00 2,500.00 $5,000.00 3,400.00 $6,800.00 2,000.00 $4,000.00 0
A
2205 * Cement Concrete Curb and Gutter 50 LF 40.00 $2,000.00 42.00 $2,100.00 40.00 $2,000.00 40.00 $2,000.00
2210 Cement Concrete Extruded Curb Painted White 1,200 LF 21.30 $25,560.00 22.00 $26,400.00 21.00 $25,200.00 25.00 $30,000.00 Q
2211 * Pedestrian Curb 40 LF 40.00 $1,600.00 42.00 $1,680.00 40.00 $1,600.00 40.00 $1,600.00 y
2212 Detectable Warning Surface 2 EA 517.00 $1,034.00 550.00 $1,100.00 500.00 $1,000.00 500.00 $1,000.00 Q
2221 * Replace Existing Catch Basin Frame and Grate and 1 EA 350.00 $350.00 1,000.00 $1,000.00 1,800.00 $1,800.00 1,800.00 $1,800.00 N
Adiust to Finished Grade c
2225 * Replace Existing Manhole Circular Frame and Cover 5 EA 1,125.00 $5,625.00 1,000.00 $5,000.00 1,800.00 $9,000.00 1,850.00 $9,250.00 N
and Adiust to Finished Grade
2230 * Replace Existing Valve Box Top Section and Lid 5 EA 640.00 $3,200.00 600.00 $3,000.00 1,100.00 $5,500.00 1,000.00 $5,000.00
LO
2245 * Install New Riser for Monument Case and Cover and 3 EA 545.00 $1,635.00 500.00 $1,500.00 600.00 $1,800.00 1,000.00 $3,000.00
Adiust to Finished Grade
2270 Adjust Existing Junction Box to Finished Grade 1 EA 504.00 $504.00 600.00 $600.00 600.00 $600.00 600.00 $600.00
2295 * Permanent Signing Including Post and Foundation 10 EA 980.00 $9,800.00 1,000.00 $10,000.00 500.00 $5,000.00 1,000.00 $10,000.00
2500 * Uniformed Off-Duty Police Officer 50 HR 135.00 $6,750.00 135.00 $6,750.00 150.00 $7,500.00 150.00 $7,500.00 .a
2505 *Traffic Control Labor 2,100 HR 69.00 $144,900.00 75.00 $157,500.00 72.00 $151,200.00 75.00 $157,500.00 m
2510 *Traffic Control Supervisor 800 HR 75.00 $60,000.00 100.00 $80,000.00 113.00 $90,400.00 150.00 $120,000.00 j,
2520 Temporary Traffic Control Devices 1 LS 28,926.00 $28,926.00 7,500.00 $7,500.00 5,800.00 $5,800.00 5,000.00 $5,000.00
i
2530 * Portable Changeable Message Sign (PCMS) 160 DAY 75.00 $12,000.00 95.00 $15,200.00 175.00 $28,000.00 95.00 $15f200.00
2535 * Sequential Arrow Sign (SAS) 80 DAY 28.00 $2,240.00 55.00 $4,400.00 105.00 $8,400.00 70.00 $5,600.00 O
2540 * Construction Signs Class A 500 SF 16.00 $8,000.00 25.00 $12,500.00 22.00 $11,000.00 30.00 $15,000.00 =
2560 Traffic Pylon 14 EA 98.00 $1,372.00 100.00 $1,400.00 100.00 $1,400.00 100.00 $1,400.00
t
2581 Painted Skip Lane Line 800 LF 0.81 $648.00 1.00 $800.00 1.00 $800.00 0.80 $640.00
2585 White Edge Line Paint Stripe 2,400 LF 0.92 $2,208.00 1.00 $2,400.00 1.00 $2,400.00 1.00 $2,400.00 Q
2586 Anti-Racing Rumble Strips 8 EA 1,700.00 $13,600.00 2,000.00 $16,000.00 1,800.00 $14,400.00 1,850.00 $14,800.00 N
2605 Profiled Plastic Skip Lane Line 1,100 LF 2.30 $2,530.00 2.50 $2,750.00 2.50 $2,750.00 2.50 $2,750.00 0
2610 * Plastic White Wide Line 300 LF 4.60 $1,380.00 5.00 $1,500.00 4.50 $1,350.00 5.00 $1,500.00 N
2615 Profiled Plastic TWLT Line 600 LF 5.20 $3,120.00 5.00 $3,000.00 5.00 $3,000.00 5.00 $3,000.00
2630 * Plastic Traffic Arrow 4 EA 402.00 $1,608.00 400.00 $1,600.00 400.00 $1,600.00 400.00 $1,600.00
2635 Type 5 Plastic Traffic Arrow 1 EA 403.00 $403.00 400.00 $400.00 400.00 $400.00 400.00 $400.00 t
2640 Plastic Bike Lane Line 500 LF 4.60 $2,300.00 5.00 $2,500.00 4.50 $2,250.00 5.00 $2,500.00 v
2655 Plastic Bike Lane Symbol with Arrow 1 EA 575.00 $575.00 550.00 $550.00 600.00 $600.00 600.00 $600.00 Q
2675 * Profiled Plastic Double Yellow Centerline 1,400 LF 7.50 $10,500.00 7.50 $10,500.00 7.50 $10,500.00 7.50 $10,500.00
2680* White Plastic Edge Line 1,600 LF 3.45 $5,520.00 3.50 $5,600.00 3.50 $5,600.00 3.50 $5,600.00
2700 * 6 Foot Diameter Traffic Loop 4 EA 1,150.00 $4,600.00 1,100.00 $4,400.00 1,100.00 $4,400.00 1,100.00 $4,400.00
2705 *Additional Lead-In Wire 120 LF 5.75 $690.00 6.00 $720.00 5.50 $660.00 5.50 $660.00
2710 Installation and Connections-City Owned Video 1 LS 2,875.00 $2,875.00 3,000.00 $3,000.00 2,800.00 $2,800.00 3,000.00 $3,000.00
Detection Camera
2800 * Inlet Protection 24 EA 44.00 $1,056.00 75.00 $1,800.00 100.00 $2,400.00 100.00 $2,400.00
2805 *Wattle 500 LF 2.75 $1,375.00 3.00 $1,500.00 5.50 $2,750.00 6.00 $
2810 * ESC Lead 130 HR 17.00 $2,210.00 10.00 $1,300.00 20.00 $2,600.00 100.00 $1 Packet Pg. 160
10.A.a
2023 Asphalt Overlays 1 2 3 4
Bid Opening: March 14, 2023, 11:00 AM ICON Materials Lakeside Industries Tucci &Sons Inc. Miles Resources, LLC
1508 Valentine Avenue SE 18808 SE 256th Street 4224 Waller Road 400 Valley Avenue NE
Disclaimer: These preliminary bid results are provided as a convenience to Pacific, WA 98047-2103 Covington, WA 98042 Tacoma, WA 98443-1623 Puyallup, WA 98372
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
TOTAL $2,872,117.50 $2,874,350.00 $3,067,890.00 $3,190,050.00 -a
ITEM DESCRIPTION QTY UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL M
NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT Q
2815 * Street Cleaning 130 HR 190.00 $24,700.00 175.00 $22,750.00 225.00 $29,250.00 250.00 $32,500.00
2827 Landscape Restoration 1 FA 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 to
2830 * Seeding and Fertilizing by Hand 100 SY 2.25 $225.00 10.00 $1,000.00 11.00 $1,100.00 100.00 $10,000.00
2835 *Topsoil Type A 10 CY 93.00 $930.00 145.00 $1,450.00 200.00 $2,000.00 100.00 $1,000.00
2840 * Wood Chip Mulch 10 CY 75.00 $750.00 145.00 $1,450.00 200.00 $2,000.00 100.00 $1,000.00 O
2850 Erosion/Water Pollution Control 1 FA 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00
2855 SPCC Plan 1 LS 180.00 $180.00 1,000.00 $1,000.00 300.00 $300.00 500.00 $500.00 p
2900 Minor Changes 1 CALC 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00
N
SCHEDULE II TOTAL $1,030,239.00 $1,014,190.00 $1,119,175.00 $1,177,825.00 Q
M
N
SUMMARY:
0
N
SCHEDULE I TOTAL $1,841,878.50 $1,860,160.00 $1,948,715.00 $2,012,225.00
SCHEDULE II TOTAL $1,030,239.00 $1,014,190.00 $1,119,175.00 $1,177,825.00
C
M
CONSTRUCTION CONTRACT TOTALI $2,872,117.50 $2,874,350.00 $3,067,890.00 $3,190,050.00
M
H
m
N
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O
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M
N
Q
M
N
O
N
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E
t
V
r
r�
Q
Packet Pg. 161
10.A.a
2023 Asphalt Overlays
Bid Opening: March 14, 2023, 11:00 AM Engineer's Estimate
Alex Murillo
Disclaimer:These preliminary bid results are provided as a convenience to
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
TOTAL $3,290,870.00
ITEM DESCRIPTION QTY UNIT UNIT TOTAL
NO. PRICE AMOUNT Q
SCHEDULE I:SOLID WASTE y
1000 Mobilization 1 LS 137,000.00 $137,000.00
R
1005 Clearing and Grubbing 1 LS 7,000.00 $7,000.00
1010 * Remove Existing Asphalt Concrete Pavement 220 SY 14.00 $3,080.00 0
1020 * Remove Cement Concrete Sidewalk 400 SY 28.00 $11,200.00
1025 * Remove Cement Concrete Curb and Gutter 660 LF 13.00 $8,580.00
1030 Remove Cement Concrete C-Curb 110 LF 10.00 $1,100.00
Q
1040 Removal of Raised Pavement Markers and Painted 1 LS 8,000.00 $8,000.00 Q
and/or Thermoplastic Traffic Markinos
1050 *Saw Cut Existing Asphalt Concrete Pavement 1,800 LF 4.00 $7,200.00 N
1055 *Saw Cut Existing Cement Concrete Pavement 300 LF 9.00 $2,700.00 N
1060 * Roadway Excavation,Incl. Haul 400 CY 62.00 $24,800.00
1065 * Unsuitable Foundation Excavation Incl. Haul 120 CY 64.00 $7,680.00 C
1075 *Gravel Borrow,Including Haul and Compaction 260 TON 48.00 $12,480.00 M
1080 * Crushed Surfacing Top Course, 5/8 Inch Minus 560 TON 64.00 $35,840.00
1090 Chip Seal 21,000 SY 12.00 $252,000.00
1092 Asphalt for Fog Seal 21,000 SY 1.50 $31,500.00 H
1094 Crack Sealing 1 LS 15,000.00 $15,000.00
1095 * HMA Class 1/2", PG 58V-22 1,200 TON 167.00 $200,400.00 m
1100 * HMA for Full Width Overlay Class 1/2", PG 58V-22 2,700 TON 145.00 $391,500.00
1105 Asphalt Cost Price Adjustment 1 CALC 10,000.00 $10,000.00
1110 * Planing Bituminous Pavement 17,900 SY 10.00 $179,000.00 y
1145 * Cement Concrete Sidewalk 100 SY 70.00 $7,000.00 0
1170 Cement Concrete Sidewalk Ramp Type Parallel A 8 EA 2,500.00 $20,000.00
1175 Cement Concrete Sidewalk Ramp Type Parallel B 7 EA 2,500.00 $17,500.00
1180 Cement Concrete Sidewalk Ramp Type Combination 1 EA 3,000.00 $3,000.00 Q
1205 * Cement Concrete Curb and Gutter 660 LF 37.00 $24,420.00 to
Q
1211 * Pedestrian Curb 300 LF 34.00 $10,200.00 M
1221 * Replace Existing Catch Basin Frame and Grate and 6 EA 1,100.00 $6,600.00 c
Adiust to Finished Grade N
1225 * Replace Existing Manhole Circular Frame and Cover 12 EA 1,200.00 $14,400.00 +�
and Adiust to Finished Grade
1229 Replace Existing Manhole Rectangular Frame and 4 EA 1,100.00 $4,400.00 E
Cover with Circular Frame and Cover and Adjust to v
Finished Grade
R
1230 * Replace Existing Valve Box Top Section and Lid 11 EA 800.00 $8,800.00 +�
1235 Adjust Existing Meter Box to Finished Grade 2 EA 700.00 $1,400.00 Q
1236 Adjust Existing Monitoring Well to Finished Grade 1 EA 1,000.00 $1,000.00
1245 * Install New Riser for Monument Case and Cover and 14 EA 600.00 $8,400.00
Adiust to Finished Grade
1295 * Permanent Signing Including Post and Foundation 4 EA 800.00 $3,200.00
1500 * Uniformed Off-Duty Police Officer 100 HR 190.00 $19,000.00
1505 *Traffic Control Labor 2,100 HR 68.00 $142,800.00
1510 *Traffic Control Supervisor 800 HR 74.00 $59,200.00
1520 Temporary Traffic Control Devices 1 LS 18,000.00 $18,000.00 Packet Pg. 162
10.A.a
2023 Asphalt Overlays
Bid Opening: March 14, 2023, 11:00 AM Engineer's Estimate
Alex Murillo
Disclaimer:These preliminary bid results are provided as a convenience to
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
TOTAL $3,290,870.00
ITEM DESCRIPTION QTY UNIT UNIT TOTAL
NO. PRICE AMOUNT 3
1530 * Portable Changeable Message Sign (PCMS) 120 DAY 117.00 $14,040.00 Q
1535 * Sequential Arrow Sign (SAS) 60 DAY 55.00 $3,300.00 y
1540 * Construction Signs Class A 300 SF 42.00 $12,600.00
1615 Plastic Crosswalk Line 1,900 SF 18.00 $34,200.00
1625 Plastic Stop Line (24 Inch Wide) 160 LF 34.00 $5,440.00 >
1630 * Plastic Traffic Arrow 6 EA 240.00 $1,440.00 0
1670 Plastic Double Yellow Centerline 4,800 LF 7.00 $33,600.00
1675 * Profiled Plastic Double Yellow Centerline 2,000 LF 17.00 $34,000.00 Q
1680 *White Plastic Edge Line 9,000 LF 6.00 $54,000.00 Q
1685 Profiled Plastic Edge Line 3,700 LF 8.00 $29,600.00 M
1690 * Plastic White Wide Line 600 LF 4.00 $2,400.00 N
1700 * 6 Foot Diameter Traffic Loop 19 EA 3,000.00 $57,000.00 0
N
1705 *Additional Lead-In Wire 500 LF 8.00 $4,000.00
1710 Installation and Connections-City Owned Video 1 LS 3,000.00 $3,000.00 p
Detection Camera LO
1800 * Inlet Protection 100 EA 95.00 $9,500.00
1805 *Wattle 500 LF 3.00 $1,500.00
1810 * ESC Lead 130 HR 60.00 $7,800.00 H
1815 * Street Cleaning 130 HR 200.00 $26,000.00
1827 Landscape Restoration 1 FA 10,000.00 $10,000.00 m
1830 * Seeding and Fertilizing by Hand 100 SY 20.00 $2,000.00
1835 *Topsoil Type A 10 CY 70.00 $700.00 R
1840 *Wood Chip Mulch 10 CY 65.00 $650.00 `
1850 Erosion/Water Pollution Control 1 FA 5,000.00 $5,000.00 >
1855 SPCC Plan 1 LS 700.00 $700.00
1900 Minor Changes 1 CALC 20,000.00 $20,000.00
Q
SCHEDULE I TOTAL $2,087,850.00 N
Q
M
SCHEDULE II: B&O ROADWORK-S 196TH,S 277TH&OTHER SITES N
0
2000 Mobilization 1 LS 67,000.00 $67,000.00 N
2005 Clearing and Grubbing 1 LS 6,000.00 $6,000.00
2010 * Remove Existing Asphalt Concrete Pavement 50 SY 14.00 $700.00
2020 * Remove Cement Concrete Sidewalk 80 SY 28.00 $2,240.00 t
2025 * Remove Cement Concrete Curb and Gutter 160 LF 13.00 $2,080.00 c�
2040 Removal of Raised Pavement Markers and Painted 1 LS 8,000.00 $8,000.00
and/or Thermoplastic Traffic Markinos Q
2050 *Saw Cut Existing Asphalt Concrete Pavement 320 LF 4.00 $1,280.00
2055 * Saw Cut Existing Cement Concrete Pavement 60 LF 9.00 $540.00
2060 * Roadway Excavation,Incl. Haul 1,500 CY 62.00 $93,000.00
2065 * Unsuitable Foundation Excavation Incl. Haul 480 CY 64.00 $30,720.00
2075 *Gravel Borrow,Including Haul and Compaction 960 TON 48.00 $46,080.00
2080 * Crushed Surfacing Top Course, 5/8 Inch Minus 2,080 TON 64.00 $133,120.00
2095 * HMA Class 1/2", PG 58V-22 600 TON 167.00 $100,200.00
2100 * HMA for Full Width Overlay Class 1/2", PG 58V-22 400 TON 145.00 $58,000.00 Packet Pg. 163
10.A.a
2023 Asphalt Overlays
Bid Opening: March 14, 2023, 11:00 AM Engineer's Estimate
Alex Murillo
Disclaimer:These preliminary bid results are provided as a convenience to
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
TOTAL $3,290,870.00
ITEM DESCRIPTION QTY UNIT UNIT TOTAL
NO. PRICE AMOUNT Q
2105 Asphalt Cost Price Adjustment 1 CALC 5,000.00 $5,000.00
2110 * Planing Bituminous Pavement 7,900 SY 10.00 $79,000.00 y
2120 Speed Cushion 2 EA 8,000.00 $16,000.00
R
2145 * Cement Concrete Sidewalk 30 SY 70.00 $2,100.00
2190 Cement Concrete Sidewalk Ramp Type Single Direction 2 EA 2,500.00 $5,000.00 0
A
2205 * Cement Concrete Curb and Gutter 50 LF 37.00 $1,850.00
2210 Cement Concrete Extruded Curb Painted White 1,200 LF 32.00 $38,400.00 Q
2211 * Pedestrian Curb 40 LF 34.00 $1,360.00 y
2212 Detectable Warning Surface 2 EA 900.00 $1,800.00 Q
2221 * Replace Existing Catch Basin Frame and Grate and 1 EA 1,100.00 $1,100.00 N
Adiust to Finished Grade c
2225 * Replace Existing Manhole Circular Frame and Cover 5 EA 1,200.00 $6,000.00 N
and Adiust to Finished Grade
2230 * Replace Existing Valve Box Top Section and Lid 5 EA 800.00 $4,000.00
LO
2245 * Install New Riser for Monument Case and Cover and 3 EA 600.00 $1,800.00
Adiust to Finished Grade
2270 Adjust Existing Junction Box to Finished Grade 1 EA 700.00 $700.00
2295 * Permanent Signing Including Post and Foundation 10 EA 800.00 $8,000.00
2500 * Uniformed Off-Duty Police Officer 50 HR 190.00 $9,500.00 .a
2505 *Traffic Control Labor 2,100 HR 68.00 $142,800.00 m
2510 *Traffic Control Supervisor 800 HR 74.00 $59,200.00 N
2520 Temporary Traffic Control Devices 1 LS 20,000.00 $20,000.00
i
2530 * Portable Changeable Message Sign (PCMS) 160 DAY 117.00 $18,720.00
2535 * Sequential Arrow Sign (SAS) 80 DAY 55.00 $4,400.00 0
2540 * Construction Signs Class A 500 SF 42.00 $21,000.00 =
2560 Traffic Pylon 14 EA 120.00 $1,680.00
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2581 Painted Skip Lane Line 800 LF 1.00 $800.00
2585 White Edge Line Paint Stripe 2,400 LF 1.00 $2,400.00 Q
2586 Anti-Racing Rumble Strips 8 EA 7,000.00 $56,000.00 N
2605 Profiled Plastic Skip Lane Line 1,100 LF 8.00 $8,800.00 0
2610 * Plastic White Wide Line 300 LF 4.00 $1,200.00 N
2615 Profiled Plastic TWLT Line 600 LF 4.00 $2,400.00
2630 * Plastic Traffic Arrow 4 EA 240.00 $960.00
2635 Type 5 Plastic Traffic Arrow 1 EA 500.00 $500.00 t
2640 Plastic Bike Lane Line 500 LF 7.00 $3,500.00 v
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2655 Plastic Bike Lane Symbol with Arrow 1 EA 500.00 $500.00
2675 * Profiled Plastic Double Yellow Centerline 1,400 LF 17.00 $23,800.00 Q
2680* White Plastic Edge Line 1,600 LF 7.00 $11,200.00
2700 * 6 Foot Diameter Traffic Loop 4 EA 3,000.00 $12,000.00
2705 *Additional Lead-In Wire 120 LF 8.00 $960.00
2710 Installation and Connections-City Owned Video 1 LS 3,000.00 $3,000.00
Detection Camera
2800 * Inlet Protection 24 EA 95.00 $2,280.00
2805 *Wattle 500 LF 3.00 $1,500.00
2810 * ESC Lead 130 HR 60.00 $7,800.00 Packet Pg. 164
10.A.a
2023 Asphalt Overlays
Bid Opening: March 14, 2023, 11:00 AM Engineer's Estimate
Alex Murillo
Disclaimer:These preliminary bid results are provided as a convenience to
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
TOTAL $3,290,870.00
ITEM DESCRIPTION QTY UNIT UNIT TOTAL M
NO. PRICE AMOUNT Q
2815 * Street Cleaning 130 HR 200.00 $26,000.00
2827 Landscape Restoration 1 FA 10,000.00 $10,000.00 to
2830 * Seeding and Fertilizing by Hand 100 Sy 20.00 $2,000.00
2835 *Topsoil Type A 10 Cy 70.00 $700.00
2840 * Wood Chip Mulch 10 Cy 65.00 $650.00 O
2850 Erosion/Water Pollution Control 1 FA 5,000.00 $5,000.00
2855 SPCC Plan 1 LS 700.00 $700.00 jp
2900 Minor Changes 1 CALC 20,000.00 $20,000.00
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SCHEDULE II TOTAL $1,203,020.00 Q
M
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SUMMARY: C
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SCHEDULE I TOTAL $2,087,850.00
SCHEDULE II TOTAL $1,203,020.00
O
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CONSTRUCTION CONTRACT TOTALI $3,290,870.00
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Packet Pg. 165