HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 03/20/2023 (2) Public Works Committee
• Monday, March 20, 2023
KEN T 4:00 PM
WASHINGTON
Chambers
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 811 5975 3938, Passcode: 605379
Chair Brenda Fincher
Councilmember Satwinder Kaur Councilmember Marli Larimer
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Item Description Action Speaker Time
1. Call to Order Chair
2. Roll Call Chair
3. Agenda Approval Chair
4. Business Chair
A. Approval of March 6, 2023 YES Chair 01 MIN.
Minutes
B. Washington State YES Susanne Smith 05 MIN.
Department of Commerce
Mill Creek / 76th Avenue
South Flood Plain
Stabilization, Habitat
Enhancement Project
$980,000 Grant - Authorize
C. Washington State YES Susanne Smith 05 MIN.
Department of Commerce
Mill Creek / 76th Avenue
South Flood Plain
Stabilization, Habitat
Enhancement Project
$1,950,000 Grant -
Authorize
D. James Street Stormwater YES Melissa Dahl 10 MIN.
Improvements - King
County Flood Control
District Sub-Regional
Public Works Committee CC PW Regular Meeting March 20, 2023
Opportunity Fund
acceptance - Authorize
E. INFO ONLY: Solid Waste NO Tony Donati 10 MIN.
Rate Charge
F. INFO ONLY: 2024-2029 NO David Paine 10 MIN.
Transportation
Improvement Program
Proposed Project Changes
5. Adjournment Chair
The public may submit written public comments that relate to a committee agenda item by emailing:
cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written
public comments may only be submitted in person by presenting them to the committee secretary at
the public meeting. Written public comments that do not relate to a committee agenda item are not
permitted. Written public comments are not read into the record.
Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Mondays of
each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent WA 98032.
For additional information, contact Nancy Yoshitake at 253-856-5508 or email
Nyoshitake@kentwa.gov, or Cheryl Viseth at 253-856-5504, or email CvisethCcbkentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-
5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1.
4.A
Approved
Public Works Committee
KENT CC PW Regular Meeting
WA9H... Minutes
March 6, 2023
Date: March 6, 2023
Time: 4:00 p.m.
Place: Chambers
Members: Brenda Fincher, Committee Chair
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
Agenda:
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1. Call to Order 4:00 p.m. c
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2. Roll Call m'
Attendee Name Title Status , Arrived o
Brenda Fincher Committee Chair Present R
Satwinder Kaur Councilmember Absent N
Marli Larimer Councilmember Remote N
3. Agenda Approval M
There are no changes to the agenda. o
4. Business
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A. Approval of Minutes dated February 6, 2023 2
The minutes of the February 6th Public Works Committee meeting were c
approved without changes. a
MOTION: Move to approve the Minutes dated February 6, 2023
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RESULT: APPROVED [UNANIMOUS]
MOVER: Marli Larimer, Councilmember c
SECONDER: Brenda Fincher, Committee Chair
AYES: Fincher, Larimer
B. Resolution - Washington State Puget Sound Acquisition and
Restoration Grant Application - Adopt
Rowena Valencia-Gica, Environmental Supervisor, presented an overview of
the Habitat Area A Project, noting that it is a high priority project in the 2021
Plan Update as well as part of the Salmon Habitat Plan Strategy. Ms.
Valencia-Gica explained the project aims to enhance floodplain connectivity,
reduce flood risk and improve fish habitat. Ms. Valencia-Gica identified the
project location and gave a detailed description of the proposal, which
includes the construction of a large, off-channel habitat area. Ms. Valencia-
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
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Public Works Committee CC PW Regular Meeting March 6, 2023
Minutes Kent, Washington
Gica also mentioned the City's intent to plant native vegetation and the
benefits this native growth will provide.
Ms. Valencia-Gica stated King County is currently in the process of preparing
the 60% design, then will turn the project over to the City of Kent. Ms.
Valencia-Gica summarized the City's intent for the grant funds if awarded. It
was further noted there is a 15% matching funds requirement, which will be
fulfilled by the King County Flood Control District's Cooperative Watershed
Management Grant in the amount of $200,000.00.
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. m
RESULT: MOTION PASSES [UNANIMOUS] Next: 3/21/2023 7:00 PM
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MOVER: Marli Larimer, Councilmember c
SECONDER: Brenda Fincher, Committee Chair
AYES: Pincher, Larimer c
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C. Neighborhood Parking Restrictions Ordinance - Adopt
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Erik Preston, City Traffic Engineer, provided a brief reminder of previous
presentations as well as City Codes relating to parking restrictions. Mr. o
Preston stated the primary reasons for these updates is based on parking a
issues noted by staff, residents, Kent Police and Puget Sound Regional Fire
Authority. Mr. Preston identified the locations and neighborhoods proposed
for the recommended parking restrictions, as well as the reasons why.
MOTION: I move to adopt Ordinance No. 4459, amending Chapter a
9.38 of the Kent City Code to add no parking zones and other parking
prohibitions on various City streets. a
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RESULT: MOTION PASSES [UNANIMOUS] Next: 3/21/2023 7:00 PM 3
MOVER: Marli Larimer, Councilmember E
SECONDER: Brenda Fincher, Committee Chair
AYES: Fincher, Larimer
D. Consultant Services Agreement with KBA, Inc. for Railroad Quiet
Zone BNSF Railroad Crossing Improvements - Authorize
Brian Shields, Capital Projects Manager, advised that the 2023 Railroad Quiet
Zone BNSF Railroad Crossing Improvements Project includes enhancing
pedestrian and traffic safety features at seven (7) of the downtown corridor
BNSF crossings in Kent. Improvements will include installation of upgraded
concrete barriers, installing fencing as well as other improvements.
Mr. Shields informed the Committee that the City of Kent Construction
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 3 Packet Pg. 4
4.A
Public Works Committee CC PW Regular Meeting March 6, 2023
Minutes Kent, Washington
Management Staff are very busy this summer and need full-time, on-site
project support to meet the tight timeline for this project. After completing
the selection process, it was determined KBA, Inc. is the most appropriate
firm to provide these inspection services. Mr. Shields noted the money for
the KBA, Inc. contract is covered under a Department of Commerce grant for
the Quiet Zone.
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.
RESULT: MOTION PASSES [UNANIMOUS] Next: 3/21/2023 7:00 PM ,Nn
MOVER: Marli Larimer, Councilmember
SECONDER: Brenda Fincher, Committee Chair m
AYES: Fincher, Larimer
E. Funding Agreement with King County Metro for a Non-Motorized o
Access Grant - James, Smith, and Meeker Streets Sidewalks -
Authorize N
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David Paine, City Transportation Planner, presented the Regional Mobility N
Grant for non-motorized improvements, which comes through the City's
partnership with King County Metro. This grant is a follow up to an earlier
grant from 2020 with King County Metro that allowed the City to design o
improvements at five (5) locations in the City. a
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Mr. Paine noted this grant will enable the City to construct ADA curb ramp 2
and sidewalk improvements in three (3) locations in downtown Kent. The
grant is for a total of up to $175,000.00.
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MOTION: I move to authorize the Mayor to sign a funding agreement
with the King County Metro Transit Department, in the amount of a
$175,000, subject to final terms and conditions acceptable to the City
Attorney and the Public Works Director.
RESULT: MOTION PASSES [UNANIMOUS] Next: 3/21/2023 7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Brenda Fincher, Committee Chair
AYES: Fincher, Larimer
S. Adjournment 4:21 p.m.
Che4lyb vim
Committee Secretary
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Page 3 of 3 Packet Pg. 5
4.6
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: March 20, 2023
TO: Public Works Committee
SUBJECT: Washington State Department of Commerce Mill Creek / 76th
Avenue South Flood Plain Stabilization, Habitat Enhancement
Project $980,000 Grant — Authorize
MOTION: I move to accept grant funds in the amount of $980,000 from the
Washington State Department of Commerce for the Mill Creek / 76t"
Avenue South Flood Plain Stabilization, Habitat Enhancement Project,
amend the budget, authorize expenditure of funds, authorize the Mayor to
sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director, and to ratify all
prior acts consistent with this motion.
SUMMARY: The City was successful in receiving a $980,000 grant from the
Washington State Department of Commerce for the Mill Creek / 76th Avenue South
Flood Plain Stabilization, Habitat Enhancement project.
Funds awarded under this grant will be used for capital expenditures to improve
habitat and protect against flooding in an urbanized reach of Mill Creek adjacent to
76th Avenue South. This flood plain stabilization and habitat project includes
replacement of creek culverts to improve fish passage and habitat, including
restoration of vegetation and channel capacity, and creation of flood plain areas to
reduce flood risk. The project is located between 22011 and 22408 76th Avenue S.
BUDGET IMPACT: Provides $980,000 in revenue to the project account
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Dept of Commerce Grant Contract (PDF)
Packet Pg. 6
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. ►. Washington State
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The Local and Community Projects Program E
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For
Flood Plain Stabilization, Habitat Enhancement
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Start date: July 1 , 2019
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Contents
FACESHEET................................................................................................................................................1
DECLARATIONS ..........................................................................................................................................2 Q
ADDITIONAL RECITALS..............................................................................................................................2
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SPECIAL TERMS AND CONDITIONS.........................................................................................................3
1. GRANT MANAGEMENT...................................................................................................................3 aYi
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2. COMPENSATION .............................................................................................................................3 C)
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES.........................................................3
4. PREVAILING WAGE LAW................................................................................................................4
5. DOCUMENTATION AND SECURITY ..............................................................................................4
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES............................................................................................4 a�
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7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT....................................................................5 E
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8. BILLING PROCEDURES AND PAYMENT.......................................................................................5 V
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9. SUBCONTRACTOR DATA COLLECTION.......................................................................................6
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10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT......................................6 E
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11. INSURANCE.....................................................................................................................................6
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12. ORDER OF PRECEDENCE.............................................................................................................8 p
13. REDUCTION IN FUNDS...................................................................................................................8
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14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES........................................................................9 Cn
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15. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY ...............................9
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16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE ...............................9 E
17. SIGNAGE, MARKERS AND PUBLICATIONS..................................................................................9 Cu
18. HISTORICAL AND CULTURAL ARTIFACTS...................................................................................9
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19. REAPPROPRIATION......................................................................................................................10 tn
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20. TERMINATION FOR FRAUD OR MISREPRESENTATION ..........................................................10
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21. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN m
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WORK.....................................................................................................................................................11 0
22. FRAUD AND OTHER LOSS REPORTING ....................................................................................11 V
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23. PUBLIC RECORDS ACT................................................................................................................11 P
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GENERAL TERMS AND CONDITIONS.....................................................................................................12
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24. DEFINITIONS..................................................................................................................................12
25. ACCESS TO DATA.........................................................................................................................12 E
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26. ADVANCE PAYMENTS PROHIBITED...........................................................................................12 U
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27. ALL WRITINGS CONTAINED HEREIN..........................................................................................12 a
28. AMENDMENTS...............................................................................................................................12 0
29. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO
REFERRED TO AS THE "ADA" 28 CFR PART 35................................................................................13 E
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30. ASSIGNMENT.................................................................................................................................13
31. ATTORNEYS' FEES.......................................................................................................................13 Q
32. AUDIT..............................................................................................................................................13
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33. BREACHES OF OTHER STATE CONTRACTS.............................................................................14
34. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION..........................................................14
35. CONFLICT OF INTEREST .............................................................................................................14
36. COPYRIGHT PROVISIONS ...........................................................................................................15 Q
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37. DISPUTES ......................................................................................................................................15
38. DUPLICATE PAYMENT..................................................................................................................16 ;c
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39. GOVERNING LAW AND VENUE ...................................................................................................16
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40. INDEMNIFICATION ........................................................................................................................16 =
41. INDEPENDENT CAPACITY OF THE GRANTEE...........................................................................16
42. INDUSTRIAL INSURANCE COVERAGE.......................................................................................17
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43. LAWS..............................................................................................................................................17
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44. LICENSING, ACCREDITATION AND REGISTRATION.................................................................17
45. LIMITATION OF AUTHORITY........................................................................................................17
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46. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS............................................................17 U
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47. PAY EQUITY...................................................................................................................................17
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48. POLITICAL ACTIVITIES .................................................................................................................18
49. PUBLICITY......................................................................................................................................18
50. RECAPTURE..................................................................................................................................18 0
51. RECORDS MAINTENANCE...........................................................................................................18 °r
52. REGISTRATION WITH DEPARTMENT OF REVENUE.................................................................18 CCnn
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53. RIGHT OF INSPECTION................................................................................................................18 0
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54. SAVINGS ........................................................................................................................................18 __
55. SEVERABILITY...............................................................................................................................19 Cu
56. SITE SECURITY.............................................................................................................................19
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57. SUBGRANTING/SUBCONTRACTING...........................................................................................19 Q
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58. SURVIVAL.......................................................................................................................................19
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59. TAXES.............................................................................................................................................19 L
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60. TERMINATION FOR CAUSE .........................................................................................................19 0
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61. TERMINATION FOR CONVENIENCE ...........................................................................................20
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62. TERMINATION PROCEDURES.....................................................................................................20 P
63. TREATMENT OF ASSETS.............................................................................................................21
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64. WAIVER..........................................................................................................................................21 E
ATTACHMENT A- SCOPE OF WORK......................................................................................................22 E
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ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE U
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PROJECT....................................................................................................................................................24 .,
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ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
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ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS..........................................................28
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FACE SHEET
Grant Number: 20-96627-1
Project Name: Flood Plain Stabilization, Habitat Enhancem, y
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Washington State Department of Commerce Q
Local Government Division
Community Assistance and Research Unit ti
1. GRANTEE 2. GRANTEE Doing Business As (optional)
City of Kent N/A
220 4TH AVE S
Kent, WA 98032-5895 =
3. GRANTEE Representative 4. COMMERCE Representative
Susanne Smith Mara Isaacson, Grant Manager
(253) 856-5553 PO Box 42525, Olympia, WA 98504
spsmith@kentWA.gov (360) 742-7665 mara.isaacson@commerce.wa.gov
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5. Grant Amount 6. Funding Source 7. Start Date 8. End Date
$980,000.00 Federal: State:X Other: N/A: July 1, 2019 June 30, 2025, 0
contingent on reappropriation; V
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June 30, 2023 if funds are not 0
reappro riated.
9. Federal Funds (as applicable) Federal Agency CFDA Number E
N/A N/A N/A
10. Tax ID# 11. SWV# 12. UBI# 13. DUNS# o
N/A SW V0000552-00 173-000-002 N/A a;
14. Grant Purpose Cn
The purpose of this performance-based Grant Agreement is to provide funding for a legislatively approved project that c
furthers the goals and objectives of the Local and Community Projects Program as described in Attachment A—Scope of
Work (the "Project'). S
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COMMERCE, defined as the Washington State Department of Commerce, and the GRANTEE, as defined above, f°
acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start
as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this c
Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment M
"A"—Scope of Work, Attachment"B"—Certification of Availability of Funds to Complete the Project, Attachment"C"—
Certification of the Payment and Reporting of Prevailing Wages, Attachment"D"—Certification of Intent to Enter LEED
Process.
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FOR GRANTEE FOR COMMERCE v
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Signature Mark K. Barkley, Assistant Director E
Local Government Division E
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Print Name v
Date 0
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Title APPROVED AS TO FORM o
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Date Steve Scheele, Assistant Attorney General t
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6/15/2022 Q
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Packet Pg. 10
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DECLARATIONS N
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GRANTEE INFORMATION Q
GRANTEE Name: City of Kent ti
Grant Number: 20-96627-078
State Wide Vendor Number: SWV0000552-00
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PROJECT INFORMATION v
Project Name: Flood Plain Stabilization, Habitat Enhancement },
Project City: Kent
Project State: Washington
Project Zip Code: 98032
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GRANT AGREEMENT INFORMATION E
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Grant Amount: $980,000.00 v
Appropriation Number: SHB 1102 SL Section 1042 (2020 Regular Session) o
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Re-appropriation Number(if applicable): SHB 1080 SL Section 1041 (2021 Regular Session) E
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Grant End Date: June 30, 2025, contingent on reappropriation; Q-
June 30, 2023, if funds are not reappropriated. o
Biennium: 2021-2023
Biennium Close Date: June 30, 2023
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PROJECT PURPOSE °
Improve habitat and protect against flooding in an urbanized reach of Mill Creek. c
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ADDITIONAL SPECIAL TERMS AND CONDITIONS GOVERNING THIS AGREEMENT
Grant End Date: In the event funds for the project are reappropriated, the contract end date will be M
extended pursuant to the reappropriation and consistent with Special Term and Condition 19. Depending
on the reappropriation, a contract amendment may be required. U
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ADDITIONAL RECITALS o
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WHEREAS, the GRANTEE previously received funding for this project and COMMERCE is administering
the funding through Commerce Grant Number CD18-96616-113.
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SPECIAL TERMS AND CONDITIONS N
GENERAL GRANT
STATE FUNDS Q
THIS GRANT AGREEMENT, entered into by and between the GRANTEE and COMMERCE, as defined ti
on the Face Sheet of this Grant Agreement, WITNESSES THAT:
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WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5)to cooperate
with and provide assistance to local governments, businesses, and community-based =_
organizations; and
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs L
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and c9
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WHEREAS, the Washington State Legislature has made an appropriation to support the Local
and Community Projects Program, and directed COMMERCE to administer those funds; and E
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WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive w
funding for design, acquisition, construction, or rehabilitation. °
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NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter E
contained, the parties hereto agree as follows:
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1. GRANT MANAGEMENT o
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant. Cn
The Representative for COMMERCE and their contact information are identified on the Face c
Sheet of this Grant.
The Representative for the GRANTEE and their contact information are identified on the Face
Sheet of this Grant. N
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2. COMPENSATION
COMMERCE shall pay an amount not to exceed the awarded Grant Amount as shown on the Face o
Sheet of this Grant Agreement, for the capital costs necessary for or incidental to the performance of M
work as set forth in the Scope of Work.
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3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES
A. The release of state funds under this Grant Agreement is contingent upon the GRANTEE °
certifying that it has expended or has access to funds from non-state sources as set forth in
ATTACHMENT B (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE L
PROJECT), hereof. Such non-state sources may consist of a combination of any of the following: C9
i) Eligible Project expenditures prior to the execution of this Grant Agreement.
ii) Cash dedicated to the Project. a,
iii) Funds available through a letter of credit or other binding loan commitment(s). E
iv) Pledges from foundations or corporations. c
v) Pledges from individual donors. v
vi) The value of real property when acquired solely for the purposes of this Project, as °
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will o
not consider appraisals for prospective values of such property for the purposes of
calculating the amount of non-state matching fund credit. °
vii) In-kind contributions, subject to COMMERCE'S approval.
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B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has N
expended funds from such non-state sources, and shall make such records available for
COMMERCE's review upon reasonable request. Q
4. PREVAILING WAGE LAW ti
The Project funded under this Grant may be subject to state prevailing wage law(Chapter 39.12 Y
RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department
of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not v
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage —
payments that may be required by law.
5. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to capital projects performed by nonprofit organizations and
public benefit corporations that involve the expenditure of over$250,000 in state funds. Additionally,
Commerce reserves the right to review all state-funded projects and to require that projects
performed by other entity types comply with this section. Projects for which the grant award or E
legislative intent documents specify that the state funding is to be used for design only are exempt c
from this section. v
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of 0
trust or other appropriate security instrument in favor of COMMERCE (the "Deed of Trust"). The
Deed of Trust shall be recorded in the County where the Project is located, and the original E
returned to COMMERCE after recordation within ninety(90) days of Grant Agreement execution.
The Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any
Project costs. The amount secured by the Deed of Trust shall be the amount of the Grant as set o
forth on the Face Sheet, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a minimum
period of ten (10) years following the later of: (1)final payment of state funds to the GRANTEE c
under this grant; or(2)the date when the facility improved or acquired with grant funds, or a a�
distinct phase of the project, is made useable to the public for the purpose intended by the c
Legislature. Upon satisfaction of the ten-year term requirement and all other grant terms and
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conditions, COMMERCE shall, upon written request of the GRANTEE, take appropriate action to
reconvey the Deed of Trust.
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender's policy of title c
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of LO
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the grant.
D. Covenant. If the project will be partially funded by a loan and the term of said loan is less than the U
commitment period under this grant contract, COMMERCE may require that GRANTEE record or
cause to be recorded a covenant in a superior lien position ahead of the lender's security 0
instrument that restricts use of the facility or property for the purpose(s)stated elsewhere in this v
contract for at least the term of the commitment period
E. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within thirty(30) days of receiving the a)
request. E
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6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL U
PROPERTY PERFORMANCE MEASURES o
When all or part of the grant is used to fund the acquisition of real property, before funds are Q.
disbursed, the GRANTEE shall procure and provide to COMMERCE evidence establishing the p
value of the real property eligible for reimbursement:
A. GRANTEE purchases of real property from an independent third-party seller shall be
evidenced by a current appraisal prepared by a licensed Washington State commercial real E
estate appraiser, or a current property tax statement.
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B. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated a
LLC, shall be evidenced by a current appraisal prepared by a licensed Washington State
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4.B.a
commercial real estate appraiser or the prior purchase price of the property plus holding N
costs, whichever is less. a,
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7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
Payments to the Grantee shall be made on a reimbursement basis only. The GRANTEE may be ti
reimbursed for the following eligible costs related to the activities identified in the SCOPE OF WORK Y
shown on Attachment A.
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A. Real property, and costs directly associated with such purchase, when purchased or acquired —
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning; +,
C. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following:
Site preparation and improvements;
Permits and fees;
Labor and materials; E
Taxes on Project goods and services; 0
Capitalized equipment; v
Information technology infrastructure; and o
Landscaping.
F. Other costs authorized through the legislation. E
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8. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for eligible Project expenditures, up to the maximum o
payable under this Grant Agreement. When requesting reimbursement for expenditures made, the
GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher(Form A-19), that
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documents capitalized Project activity performed for the billing period. The GRANTEE can submit all r-
Invoice Vouchers and any required documentation electronically through COMMERCE's Contracts a�
Management System (CMS), which is available through the Secure Access Washington (SAW) c
portal. N
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The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the Grant Agreement. The c
GRANTEE shall also provide COMMERCE with a copy of the cancelled check or electronic funds LO
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transfer, as applicable, that confirms that they have paid each expenditure being claimed. The
cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the U
voucher is initially submitted, or within thirty(30) days thereafter.
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The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the v
GRANTEE. The final voucher shall be submitted to COMMERCE within sixty(60) days following the
completion of work or other termination of this Grant Agreement, or within fifteen (15)days following
the end of the state biennium unless Grant Agreement funds are reappropriated by the Legislature in
accordance with Section 19, hereof.
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If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial E
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reimbursement under another grant contract, GRANTEE must clearly identify such grant contracts in U
the transmittal letter and request for payment. o
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Each request for payment must be accompanied by a Project Status Report, which describes, in p
narrative form, the progress made on the Project since the last invoice was submitted, as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement
request received unless and until the Project Status Report is received. After approving the Invoice E
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
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Packet Pg. 14
4.B.a
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly N
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly. Q
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Payment shall be considered timely if made by COMMERCE within thirty(30) calendar days after ti
receipt of properly completed invoices. Payment shall be sent to the address designated by the Y
GRANTEE.
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COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the v
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or
condition of this Grant. },
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No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
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Duplication of Billed Costs E
The GRANTEE shall not bill COMMERCE for services performed under this Grant Agreement, and 0
COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will v
be paid by any other source, including grants, for that service. o
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Disallowed Costs E
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The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
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9. SUBCONTRACTOR DATA COLLECTION
GRANTEE will submit reports, in a form and format to be provided by COMMERCE and at intervals
as agreed by the parties, regarding work under this Grant performed by subcontractors and the c
portion of Grant funds expended for work performed by subcontractors, including but not necessarily 0
limited to minority-owned, woman-owned, and veteran-owned business subcontractors. c
"Subcontractors" shall mean subcontractors of any tier. N
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10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT
The GRANTEE shall complete a Certified Project Completion Report when activities identified in the c
SCOPE OF WORK shown on Attachment A are complete. LO
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The GRANTEE shall provide the following information to COMMERCE: U
A. A certified statement that the Project, as described in the SCOPE OF WORK shown on Attachment
A, is complete and, if applicable, meets required standards. o
B. A certified statement of the actual dollar amounts spent,from all funding sources, in completing the v
project as described in the SCOPE OF WORK shown on Attachment A.
C. Certification that all costs associated with the Project have been incurred and accounted for. Costs
are incurred when goods and services are received and/or Grant work is performed.
D. A final voucher for the remaining eligible funds, including any required documentation. a)
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The GRANTEE will submit the Certified Project Completion Report together with the last Invoice E
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Voucher for a sum not to exceed the balance of the Grant Amount. U
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11. INSURANCE Q.
A. Insurance Requirements for Reimbursable Activities
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The GRANTEE will maintain appropriate insurance coverage throughout any period in which
reimbursable activities are conducted. The intent of the required insurance is to protect the state of E
Washington should there be any claims, suits, actions, costs, damages or expenses arising from any
loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either, a
while performing under the terms of this Grant.
Packet Pg. 15
4.B.a
B. Additional Insurance Requirements During the Term of the Grant a,
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The GRANTEE shall provide proof to COMMERCE of the following insurance coverage as applicable:
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Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability related to this Grant but no less than $1,000,000 per L
occurrence. Additionally, the GRANTEE is responsible for ensuring that any v
Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of g
subgrants/subcontracts. Commercial General Liability Insurance coverage shall be maintained in },
full force and effect during the term of this Grant and throughout the commitment period
described in Special Terms and Conditions Section 5, 15, and 16.
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Property Insurance. The GRANTEE shall keep the property insured in an amount sufficient to aD
permit such insurance to be written at all times on a replacement cost basis. Such insurance shall E
cover the following hazards, as applicable: o
• Loss or damage by fire and such other risks; v
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• Loss or damage from leakage or sprinkler systems now or hereafter installed in any
building on the premises;
• Loss or damage by explosion of steam boilers, pressure vessels, oil or gasoline storage
tanks or similar apparatus now or hereafter installed in a building or building on the Q.
premises. p
Property Insurance coverage shall be maintained in full force and effect during the term of this
Grant and throughout the commitment period described in Special Terms and Conditions Section
5, 15, and 16.
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Professional Liability, Errors and Omissions Insurance. If GRANTEE will be providing any
professional services to be reimbursed under this Grant, the GRANTEE shall maintain N
Professional Liability or Errors and Omissions Insurance with minimum limits of no less than
$1,000,000 per occurrence to cover all activities by the GRANTEE and licensed staff employed or
under contract to the GRANTEE. The state of Washington, its agents, officers, and employees c
need not be named as additional insureds under this policy. M
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf U
of the GRANTEE for the purpose of receiving or depositing funds into program accounts or
issuing financial documents, checks, or other instruments of payment for program costs shall be o
insured to provide protection against loss: v
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the
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highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees/subcontractors that receive $10,000 or more per year in funding through this
Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by E
Subgrantees/subcontractors pursuant to this paragraph shall name the GRANTEE and the E
GRANTEE's fiscal agent as beneficiary. U
C. Fidelity Insurance coverage shall be maintained in full force and effect during the term of this c
Grant. Q.
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The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. The insurance shall name the state of Washington, its agents, officers, and
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employees as additional insureds under the insurance policy. All policies shall be primary to any other
valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty
(30) calendar days advance notice of any insurance cancellation or modification. a
Packet Pg. 16
4.B.a
The GRANTEE shall provide to COMMERCE copies of insurance instruments or certifications from N
the insurance issuing agency. The copies or certifications shall show the insurance coverage, the
designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE a
will be provided thirty(30) days advance written notice of cancellation.
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During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty(30)
calendar days prior to expiration of each policy required under this section.
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Professional Liability, Errors and Omissions Insurance. The GRANTEE shall require that any =
contractors providing professional services that are reimbursable under this Grant maintain
Professional Liability or Errors and Omissions Insurance. The GRANTEE shall require such
contractors to maintain minimum limits of no less than $1,000,000 per occurrence. The state of L
Washington, its agents, officers, and employees need not be named as additional insureds under
these policies. U
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GRANTEES and Local Governments that Participate in a Self-Insurance Program. E
Self-Insured/Liability Pool or Self-Insured Risk Management Program —With prior approval from o
COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool or -
self-insured risk management program. In order to obtain permission from COMMERCE, the
GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or
letter of coverage that outlines coverage limits and deductibles. All self-insured risk management E
programs or self-insured/liability pool financial reports must comply with Generally Accepted Q.
Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental o
Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3)the
Washington State Auditor's annual instructions for financial reporting. GRANTEE's participating in c
joint risk pools shall maintain sufficient documentation to support the aggregate claim liability cn
information reported on the balance sheet. The state of Washington, its agents, and employees need c
not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited 0
from naming third parties as additional insured. 9
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GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self-insured
risk management program. Such annual summary of coverage and letter of self insurance will be
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provided on the anniversary of the start date of this Agreement.
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12. ORDER OF PRECEDENCE L
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving c
precedence in the following order: v
• Applicable federal and state of Washington statutes and regulations
• Declarations page of this Grant Agreement
• Special Terms and Conditions
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• General Terms and Conditions U
• Attachment A—Scope of Work E
• Attachment B—Certification of the Availability of Funds to Complete the Project E
• Attachment C—Certification of the Payment and Reporting of Prevailing Wages U
• Attachment D—Certification of Intent to Enter the Leadership in Energy and Environmental c
Design (LEED) Certification Process Q.
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13. REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this Grant Agreement are
withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during E
the Grant Agreement period, the parties hereto shall be bound by any such revised funding limitations
as implemented at the discretion of COMMERCE, and shall meet and renegotiate the Grant a
Agreement accordingly.
Packet Pg. 17
4.B.a
14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under Q
this Grant Agreement and does not assert and will not acquire any ownership interest in or title to the
capital facilities and/or equipment constructed or purchased with state funds under this Grant ti
Agreement; provided, however, that COMMERCE may be granted a security interest in real property, Y
to secure funds awarded under this Grant Agreement. This provision does not extend to claims that
COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this U
Grant Agreement. —_
15. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY },
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state
funds under this Grant Agreement, shall be held and used by the GRANTEE for the purpose or
purposes stated elsewhere in this Grant Agreement for a period of at least ten (10) years from the
later of: (1)the date the final payment is made hereunder; or(2)the date when the facility E
improved or acquired with grant funds, or a distinct phase of the project, is made useable to the c
public for the purpose intended by the Legislature. v
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or o
properties described in this section; Provided, that any such sale shall be subject to prior review
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the E
purchase price of a different facility or facilities of equal or greater value than the original facility
and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this Grant Agreement. o
C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated on the Face Sheet,
hereof, plus interest calculated at the rate of interest on state of Washington general obligation c
bonds issued most closely to the effective date of the legislation in which the subject facility was a�
authorized. Repayment shall be made pursuant to Section 50 (Recapture provision). c
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16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this Grant Agreement c
shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this Grant LO
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Agreement for a period of at least ten (10) years from the later of: (1)the date the final payment is
made hereunder; or(2)the date when the facility improved or acquired with grant funds, or a U
distinct phase of the project, is made useable to the public for the purpose intended by the
Legislature. 0
B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall v
repay to the state general fund the principal amount of the grant as stated on the Face Sheet,
hereof, plus interest calculated at the rate of interest on state of Washington general obligation
bonds issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 50 (Recapture Provision). a)
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17. SIGNAGE, MARKERS AND PUBLICATIONS E
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If, during the period covered by this Grant Agreement, the GRANTEE displays or circulates any U
communication, publication, or donor recognition identifying the financial participants in the Project, o
any such communication or publication must identify"The Taxpayers of Washington State" as a Q-
participant. o
18. HISTORICAL AND CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, GRANTEE shall E
cooperate with COMMERCE to complete the requirements of Governor's Executive Order 21-02 or
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GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if a
applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance
Packet Pg. 18
4.B.a
with all laws, regulations, and agreements related to the preservation of historical or cultural N
resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any
claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of Q
the project funded by this Contract.
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In addition to the requirements set forth in this Contract, GRANTEE shall, in accordance with Y
Governor's Executive Order 21-02 as applicable, coordinate with Commerce and the Washington
State Department of Archaeology and Historic Preservation ("DAHP"), including any recommended v
consultation with any affected tribe(s), during Project design and prior to construction to determine the —
existence of any tribal cultural resources affected by Project. GRANTEE agrees to avoid, minimize,
or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this },
Contract.
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The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the GRANTEE shall immediately stop construction and notify the E
local historical preservation officer and the state's historical preservation officer at DAHP, and the °
Commerce Representative identified on the Face Sheet. If human remains are uncovered, the v
GRANTEE shall report the presence and location of the remains to the coroner and local enforcement o
immediately, then contact DAHP and the concerned tribe's cultural staff or committee.
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The GRANTEE shall require this provision to be contained in all subcontracts for work or services
related to the Scope of Work attached hereto. m
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In addition to the requirements set forth in this Contract, GRANTEE agrees to comply with RCW
27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and
Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and c
WAC 25-48 regarding Archaeological Excavation and Removal Permits. a�
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Completion of the requirements of Section 106 of the National Historic Preservation Act shall
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substitute for completion of Governor's Executive Order 21-02.
In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may c
be required to re-comply with Governor's Executive Order 21-02, or Section 106 of the National LO
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Historic Preservation Act.
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19. REAPPROPRIATION c
A. The parties hereto understand and agree that any state funds not expended by the BIENNIUM v
CLOSE DATE listed on the Declarations page will lapse on that date unless specifically
reappropriated by the Washington State Legislature. If funds are so reappropriated, the state's
obligation under the terms of this Grant Agreement shall be contingent upon the terms of such
reappropriation. U
B. In the event any funds awarded under this Grant Agreement are reappropriated for use in a future m
biennium, COMMERCE reserves the right to assign a reasonable share of any such E
reappropriation for administrative costs. °
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20. TERMINATION FOR FRAUD OR MISREPRESENTATION °
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this Grant Agreement, COMMERCE reserves the right
to terminate or amend this Grant Agreement accordingly, including the right to recapture all funds c
disbursed to the GRANTEE under the Grant. E
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4.B.a
21. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN N
WORK
The "Copyright Provisions", Section 36 of the General Terms and Conditions, are not intended to Q
apply to any architectural and engineering design work funded by this grant.
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22. FRAUD AND OTHER LOSS REPORTING
Contractor/Grantee shall report in writing all known or suspected fraud or other loss of any funds or
other property furnished under this Contract immediately or as soon as practicable to the Commerce v
Representative identified on the Face Sheet. —_
23. PUBLIC RECORDS ACT },
Notwithstanding General Terms and Conditions Section 34, COMMERCE is a public agency subject
to the Public Records Act, Chapter 42.56 RCW (the "PRA"). Under the PRA, all materials relating to
the conduct of government or the performance of any governmental or proprietary function prepared,
owned, used, or retained by COMMERCE or its functional equivalents are considered public records.
The PRA requires that public records responsive to a public records request be promptly produced
unless the PRA or an "other statute" exempts such records from production. This Agreement is not o
intended to alter COMMERCE's obligations under the PRA. The parties agree that if COMMERCE v
receives a public records request for files that may include confidential information under General o
Terms and Conditions Section 34, COMMERCE will notify the other party of the request and of the
date that the records will be released to the requester unless GRANTEE obtains a court order E
enjoining disclosure. If the GRANTEE fails to obtain the court order enjoining disclosure,
COMMERCE may release the requested information on the date specified. If the GRANTEE obtains
a court order from a court of competent jurisdiction enjoining disclosure pursuant to the PRA, o
COMMERCE shall maintain the confidentiality of the information per the court order.
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4.B.a
GENERAL TERMS AND CONDITIONS F
GENERAL GRANT Q
STATE FUNDS
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24. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to v
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce. g
C. "GRANTEE" shall mean the entity identified on the Face Sheet performing service(s) under this
Grant, and shall include all employees and agents of the GRANTEE.
D. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or m
receipt of governmental services or other activities, addresses, telephone numbers, social
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security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E
E. "State" shall mean the state of Washington. E
F. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is v
performing all or part of those services under this Grant under a separate Grant with the c
GRANTEE. The terms "subgrantee/subcontractor" refers to any tier.
G. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a beneficiary
of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or Q.
services in the course of normal trade or commerce.
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H. "Vendor" is an entity that agrees to provide the amount and kind of services requested by a;
COMMERCE; provides services under the grant only to those beneficiaries individually determined
to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with c
contractual penalties if the entity fails to meet program performance standards. o
I. "Grant" and "Agreement" and "Contract" shall mean the entire written agreement between
COMMERCE and the GRANTEE, including any attachments, exhibits, documents, or materials N
incorporated by reference, and any amendments executed by the parties.
25. ACCESS TO DATA
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this M
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State --
Auditor at no additional cost. This includes access to all information that supports the findings, U
conclusions, and recommendations of the GRANTEE's reports, including computer models and the L
methodology for those models. o
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26. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant shall
be made by COMMERCE.
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27. ALL WRITINGS CONTAINED HEREIN E
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, c
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of v
the parties hereto. c
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28. AMENDMENTS o
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
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AAG Approved -CAR DA GRANT AGREEMENT—VER 3
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4.B.a
29. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO N
REFERRED TO AS THE "ADA" 28 CFR PART 35 Q
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
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30. ASSIGNMENT L
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the v
GRANTEE without prior written consent of COMMERCE.
31. ATTORNEYS' FEES c
Unless expressly permitted under another provision of the Grant, in the event of litigation or other L
action brought to enforce Grant terms, each party agrees to bear its own attorney's fees and costs.
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32. AUDIT E
A. General Requirements E
COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure audit U
services based on the following guidelines. c
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The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
that subgrantees also maintain auditable records. E
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The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of
its subgrantees.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from Cn
the audit. o
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty(30) days of the date of
request. ,n
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B. State Funds Requirements
In the event an audit is required, if the GRANTEE is a state or local government entity, the Office
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be
conducted by a certified public accountant selected by the GRANTEE.
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The GRANTEE shall include the above audit requirements in any subcontracts. c
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In any case, the GRANTEE's records must be available for review by COMMERCE.
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C. Documentation Requirements m
The GRANTEE must send a copy of the audit report described above no later than nine (9) E
months after the end of the GRANTEE's fiscal year(s) by sending a scanned copy to 0
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comacctoffice(c)commerce.wa.gov or a hard copy to: —
Department of Commerce o
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525 E
Olympia WA 98504-2525
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In addition to sending a copy of the audit, when applicable, the GRANTEE must include: a
AAG Approved -CAR DA GRANT AGREEMENT-VER 3
Packet Pg. 22
4.B.a
• Corrective action plan for audit findings within three (3) months of the audit being N
received by COMMERCE. a
• Copy of the Management Letter.
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If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements,
a copy must be provided to COMMERCE; no other report is required.
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33. BREACHES OF OTHER STATE CONTRACTS V
GRANTEE is expected to comply with all other contracts executed between GRANTEE and the State
of Washington. A breach of any other agreement entered into between GRANTEE and the State of
Washington may, in COMMERCE's discretion, be deemed a breach of this Agreement.
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34. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION U
A. "Confidential Information" as used in this section includes: °'
1. All material provided to the GRANTEE by COMMERCE that is designated as "confidential" by E
COMMERCE; G
2. All material produced by the GRANTEE that is designated as "confidential" by COMMERCE; c
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3. All personal information in the possession of the GRANTEE that may not be disclosed under
state or federal law. "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services, Q.
addresses, telephone numbers, social security number, driver's license number and other o
identifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA). c
B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer, cn
sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information
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solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any a�
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The GRANTEE shall take all necessary steps to assure that N
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Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on
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confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Grant whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period L
specified by COMMERCE. Upon request, the GRANTEE shall immediately return to 0
COMMERCE any Confidential Information that COMMERCE reasonably determines has not v
been adequately protected by the GRANTEE against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working L
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure. U
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35. CONFLICT OF INTEREST E
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Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE v
may, in its sole discretion, by written notice to the GRANTEE terminate this Grant Agreement if it is c
found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public
Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in
the procurement of, or performance under this Grant Agreement.
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Specific restrictions apply to contracting with current or former state employees pursuant to chapter E
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42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked on this Grant, or any
matter related to the project funded under this Grant or any other state funded project, including but a
not limited to formulating or drafting legislation, participating in grant procurement, planning and
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 23
4.B.a
execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date N
of this Grant. Any person identified by the GRANTEE and their subcontractors(s) must be identified Q
individually by name, the agency previously or currently employed by,job title or position held, and
separation date. If it is determined by COMMERCE that a conflict of interest exists, the GRANTEE
may be disqualified from further consideration for the award of a Grant.
In the event this Grant Agreement is terminated as provided above, COMMERCE shall be entitled to
pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of the
Grant Agreement by the GRANTEE. The rights and remedies of COMMERCE provided for in this =_
clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
The existence of facts upon which COMMERCE makes any determination under this clause shall be
an issue and may be reviewed as provided in the "Disputes" clause of this Grant Agreement. L
36. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for W
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall E
be considered the author of such Materials. In the event the Materials are not considered "works for c
hire" under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and v
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interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to G
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COMMERCE effective from the moment of creation of such Materials.
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"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, m
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the o
ability to transfer these rights.
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For Materials that are delivered under the Grant, but that incorporate pre-existing materials not c
produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, 9
distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants N
and represents that the GRANTEE has all rights and permissions, including intellectual property f°
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
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The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of M
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
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and of any portion of such document which was not produced in the performance of this Grant. The U
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the GRANTEE with respect to any Materials delivered under this Grant. v
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the GRANTEE. L
37. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot `m
be resolved by direct negotiation, either party may request a dispute hearing with the Director of E
COMMERCE, who may designate a neutral person to decide the dispute. G
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The request for a dispute hearing must: c
• be in writing; Q-
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• state the disputed issues; o
• state the relative positions of the parties;
• state the GRANTEE's name, address, and Grant number; and
• be mailed to the Director and the other party's (respondent's) Grant Representative within
three (3)working days after the parties agree that they cannot resolve the dispute.
Q
AAG Approved -CAR DA GRANT AGREEMENT-VER 3
Packet Pg. 24
4.B.a
The respondent shall send a written answer to the requestor's statement to both the Director or the N
Director's designee and the requestor within five (5)working days. Q
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10)working days. The Director or designee may extend this period if necessary by notifying the
parties. Y
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The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. v
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal. c
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Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. U
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38. DUPLICATE PAYMENT E
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of U
Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the c
same services or expenses. The GRANTEE certifies that work to be performed under this contract
does not duplicate any work to be charged against any other grant, subgrant/subcontract, or E
agreement.
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39. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, m
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
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40. INDEMNIFICATION o
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury, ,n
sickness, disease, or death, or injury to or the destruction of tangible property including loss of useLO
resulting therefrom.
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The GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by U
GRANTEE's agents, employees, representatives, or any subgrantee/subcontractor or its employees.
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GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising c)
out of or incident to GRANTEE'S or any subgrantee's/subcontractor's performance or failure to c
perform the Grant. GRANTEE'S obligation to indemnify, defend, and hold harmless the State shall L
not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents,
agencies, employees and officials. U
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The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify, E
defend and hold harmless the state and its agencies, officers, agents or employees. c
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41. INDEPENDENT CAPACITY OF THE GRANTEE 0
The parties intend that an independent contractor relationship will be created by this Grant. The
GRANTEE and its employees or agents performing under this Grant Agreement are not employees or o
agents of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim
to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will
the GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the GRANTEE.
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AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 25
4.B.a
42. INDUSTRIAL INSURANCE COVERAGE N
The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If Q
the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by
COMMERCE under this Grant Agreement, and transmit the deducted amount to the Department of L
Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's v
rights to collect from the GRANTEE.
43. LAWS c
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of L
local and state and federal governments, as now or hereafter amended.
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44. LICENSING, ACCREDITATION AND REGISTRATION E
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and E
registration requirements or standards necessary for the performance of this Grant Agreement. Lj
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45. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to
be made prior to action) shall have the express, implied, or apparent authority to alter, amend, i
modify, or waive any clause or condition of this Grant Agreement. Furthermore, any alteration, Q.
amendment, modification, or waiver or any clause or condition of this Grant Agreement is not
effective or binding unless made in writing and signed by the Authorized Representative.
46. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS Cn
During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local o
nondiscrimination laws, regulations and policies. In the event of the GRANTEE's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure ,n
set forth herein. The funds provided under this contract may not be used to fund religious worship, LO
exercise, or instruction. No person shall be required to participate in any religious worship, exercise,
or instruction in order to have access to the facilities funded by this grant.
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47. PAY EQUITY o
The GRANTEE agrees to ensure that"similarly employed" individuals in its workforce are c)
compensated as equals, consistent with the following: c
a. Employees are "similarly employed" if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether U
employees are similarly employed; m
b. GRANTEE may allow differentials in compensation for its workers if the differentials are based in E
good faith and on any of the following: o
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(i)A seniority system; a merit system; a system that measures earnings by quantity or quality c
of production; a bona fide job-related factor or factors; or a bona fide regional difference in Q.
compensation levels. o
(ii)A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or derived
from a gender-based differential; and accounts for the entire differential. E
(iii)A bona fide regional difference in compensation level must be: Consistent with business
necessity; not based on or derived from a gender-based differential; and account for the
entire differential. a
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 26
4.B.a
This Grant Agreement may be terminated by COMMERCE, if COMMERCE or the Department of N
Enterprise services determines that the GRANTEE is not in compliance with this provision. Q
48. POLITICAL ACTIVITIES
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508. Y
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No funds may be used for working for or against ballot measures or for or against the candidacy of v
any person for public office.
49. PUBLICITY c
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of L
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the U
prior written consent of COMMERCE. E
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50. RECAPTURE 0
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In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws, c
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
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Repayment by the GRANTEE of funds under this recapture provision shall occur within the time
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this Grant.
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51. RECORDS MAINTENANCE o
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant.
GRANTEE shall retain such records for a period of six years following the date of final payment. AtLO
no additional cost, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
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If any litigation, claim or audit is started before the expiration of the six (6)year period, the records c
shall be retained until all litigation, claims, or audit findings involving the records have been resolved. L
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52. REGISTRATION WITH DEPARTMENT OF REVENUE U
If required by law, the GRANTEE shall complete registration with the Washington State Department m
of Revenue. E
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53. RIGHT OF INSPECTION
At no additional cost, the GRANTEE shall provide right of access to its facilities to COMMERCE, or any Q.
of its officers, or to any other authorized agent or official of the state of Washington or the federal o
government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or
quality assurance under this Grant.
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54. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the a
Grant under the "Termination for Convenience" clause, without the ten calendar day notice
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 27
4.B.a
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations N
and conditions. Q
55. SEVERABILITY
The provisions of this Grant 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 Grant. L
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56. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform
in all respects with physical, fire or other security policies or regulations.
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57. SUBGRANTING/SUBCONTRACTING
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Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for U
any of the work contemplated under this Grant Agreement without obtaining prior written approval of E
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COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or reduce E
the liability of the GRANTEE to COMMERCE for any breach in the performance of the GRANTEE's Lj
duties. This clause does not include Grants of employment between the GRANTEE and personnel c
assigned to work under this Grant. r
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Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and E
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certifications set forth in this agreement are carried forward to any subgrants/subcontracts. Every Q.
subgranUsubcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a subgrantee's/subcontractor's performance of the
subgranUsubcontract. GRANTEE and its subgrantees/subcontractors agree not to release, divulge,
publish, transfer, sell or otherwise make known to unauthorized persons personal information without Cn
the express written consent of COMMERCE or as provided by law. o
58. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
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59. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's
income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall
be the sole responsibility of the GRANTEE.
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60. TERMINATION FOR CAUSE c
In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before m
suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to U
take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be (D
terminated or suspended. E
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In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by c
law including, but not limited to, any cost difference between the original Grant and the replacement Q.
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the o
competitive bidding, mailing, advertising and staff time.
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COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or E
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the GRANTEE or a decision by f°
COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience" a
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 28
4.B.a
if it is determined that the GRANTEE: (1)was not in default; or(2)failure to perform was outside of N
his or her control, fault or negligence. Q
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
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61. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written L
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this v
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
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62. TERMINATION PROCEDURES L
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired 2
for the performance of such part of this Grant as has been terminated. The provisions of the E
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"Treatment of Assets" clause shall apply in such property transfer. E
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COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed c
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and
COMMERCE for(i) completed work and services for which no separate price is stated, (ii) partially E
completed work and services, (iii)other property or services that are accepted by COMMERCE, and i
(iv)the protection and preservation of property, unless the termination is for default, in which case the Q.
AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure m
to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the
AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against Cn
potential loss or liability. o
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Grant Agreement.
After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED ,n
REPRESENTATIVE, the GRANTEE shall:
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1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not
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terminated; c)
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the c
AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the
orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its m
discretion, to settle or pay any or all claims arising out of the termination of such orders and U
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subgrants/subcontracts; m
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and E
subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the 0
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extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be c
final for all the purposes of this clause; .•
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed o
by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed,
would have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the E
AUTHORIZED REPRESENTATIVE; and
7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct, f°
for the protection and preservation of the property related to this Grant, which is in the possession a
of the GRANTEE and in which COMMERCE has or may acquire an interest.
AAG Approved -CAR DA GRANT AGREEMENT—VER 3
Packet Pg. 29
4.B.a
63. TREATMENT OF ASSETS Q
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE,for the cost of which the GRANTEE is entitled to be reimbursed as a direct
item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by
the GRANTEE. Title to other property, the cost of which is reimbursable to the GRANTEE under this
Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the L
performance of this Grant, or (ii) commencement of use of such property in the performance of this v
Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this Grant. L
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the GRANTEE or which results from the failure on the part of the GRANTEE 2
to maintain and administer that property in accordance with sound management practices. E
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C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify E
COMMERCE and shall take all reasonable steps to protect the property from further damage. U
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement c
upon completion, termination or cancellation of this Grant
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All reference to the GRANTEE under this clause shall also include GRANTEE'S employees, E
agents or subgrantees/subcontractors. Q.
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64. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless Cn
stated to be such in writing and signed by Authorized Representative of COMMERCE. o
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ATTACHMENT A- SCOPE OF WORK Q
Funds awarded under this grant will be used for capital expenditures to improve habitat and protect
against flooding in an urbanized reach of Mill Creek. This flood plain stabilization and habitat project
includes replacement of five creek culverts to allow increased fish passage and restoration of vegetation
and channel capacity; and creation of flood plain areas to reduce flood risk. L
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The location of the project is a section between 22011 and 22408 of 76th Ave S., Kent, WA 98032 g
Project activities will include and not be limited to:
• Construction
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This project is expected to begin in spring 2023 and is expected to be complete by December 2024
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Costs related to the work will only be reimbursed to the extent the work is determined by Commerce to be c
within the scope of the legislative appropriation. U
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CERTIFICATION PERFORMANCE MEASURE
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The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and E
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approved by the GRANTEE's governing body as of the date and year written below. Q.
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ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT >
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Type of Funding Source Description Amount
Grant Washington State Department of Commerce $980,000.00 Y
Other Grants P
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Washington State Department of Commerce v
Grant#1 CD18-96616-113 $1,950,000.00 -
King County Flood Control District I $205,902.00
Total Other Grants $2,155,902.00 L
Other Loans
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Loan #1 $
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Source#1 City of Kent $14,642,390.00 c
Total Local Revenue $14,642,390.00
Other Funds
Source#1 I $ f°
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Total Project Funding $17,778,292.00
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The GRANTEE, by its signature, certifies that project funding from sources other than those provided by E
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governing body or board of directors, as applicable, and has either been expended for eligible Project
expenses, or is committed in writing and available and will remain committed and available solely and Ln
specifically for carrying out the purposes of this Project as described in elsewhere in this Grant c
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Agreement, as of the date and year written below. The GRANTEE shall maintain records sufficient to
evidence that it has expended or has access to the funds needed to complete the Project, and shall make
such records available for COMMERCE's review upon reasonable request. L
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ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES N
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CERTIFICATION PERFORMANCE MEASURE Q
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The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable on the date Y
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the appropriation becomes effective, including but not limited to the filing of the"Statement of Intent to L
Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The GRANTEE v
shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such M
records available for COMMERCE's review upon request.
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Wages must be paid.
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ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND N
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS Q
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CERTIFICATION PERFORMANCE MEASURE
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The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and Y
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Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project L
funded by this Grant Agreement. The GRANTEE shall, upon receipt of LEED certification by the United v
States Green Building Council, provide documentation of such certification to COMMERCE. M
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year
written below.
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4.0
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
W A S H i N G T O N 253-856-5500
DATE: March 20, 2023
TO: Public Works Committee
SUBJECT: Washington State Department of Commerce Mill Creek / 76th
Avenue South Flood Plain Stabilization, Habitat Enhancement
Project $1,950,000 Grant - Authorize
MOTION: I move to accept grant funds in the amount of $1,950,000 from
the Washington State Department of Commerce for the Mill Creek / 76t"
Avenue South Flood Plain Stabilization, Habitat Enhancement Project,
amend the budget, authorize expenditure of funds, authorize the Mayor to
sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director, and to ratify all
prior acts consistent with this motion.
SUMMARY: The City was successful in receiving a $1,950,000 grant from the
Washington State Department of Commerce for the Mill Creek / 76t" Avenue South
Flood Plain Stabilization, Habitat Enhancement project.
Funds awarded under this grant can be used for land acquisition, design, and
construction phases of an urbanized reach of Mill Creek adjacent to 76t" Avenue S.
located between 22011 and 22408 76th Avenue S.
The project includes flood plain stabilization and habitat improvements to Mill Creek
at 76t" Avenue South by replacing culverts to improve fish passage and restoration
of habitat through using native vegetation; and improving floodplain areas to
reduce flood risk.
This project will serve as a benefit to the public by stabilizing the area to protect
against flooding and improving the surrounding habitat.
BUDGET IMPACT: Provides $1,950,000 in revenue to the project account
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. 38
4.0
ATTACHMENTS:
1. Dept of Commerce Grant Contract (PDF)
Packet Pg. 39
4.C.a
.�►. Washington State
Department of
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Grant to
City of Kent
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The Local and Community Projects Program E
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Mill Creek Flood Control Project - Flood plain stabilization and
habitat improvements to an urbanized reach of Mill Creek.
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Start date: 1/19/2018 y
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Washington State Department of Commerce - Ver.06_09_22
www.commerce.wa.gov
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4.C.a
TABLE OF CONTENTS
FaceSheet........................................................................................................................ 1
Special Terms and Conditions.......................................................................................... 2
1. Grant Management ................................................................................... 2
2. Compensation ........................................................................................... 2 Cn
3. Certification of Funds Performance Measures.......................................... 2
4. Prevailing Wage Law................................................................................. 3
5. Documentation and Security ..................................................................... 3 Q
6. Basis for Establishing Real Property Values for Acquisitions of Real Property....4
7. Expenditures Eligible for Reimbursement .................................................4
8. Billing Procedures and Payment ...............................................................4
9. Subcontractor Data Collection...................................................... 5
10. Insurance................................................................................................... 5 L)
11. Order of Precedence................................................................................. 7
12. Reduction in Funds ................................................................................... 7
13. Ownership of Project/Capital Facilities...................................................... 7 a,
14. Change of Ownership or Use for GRANTEE-Owned Property ................. 7 E
15. Change of Use for Leased Property Performance Measure ..................... 8 0
16. Modification to the Project Budget............................................................. 8 0
17. Signage, Markers and Publications........................................................... 8
18. Historical and Cultural Artifacts ................................................................. 9 E
19. Reappropriation......................................................................................... 9
20. Termination for Fraud or Misrepresentation .............................................. 9 �.
21. Fraud and Other Loss Reporting............................................................. 10 0
22. Public Records Act.................................................................................. 10 '
23. Applicability of Copyright Provisions to Architectural/En ineerin Design Work 10
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General Terms and Conditions......................................................................................... 1
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1. Definitions.................................................................................................. 1
2. Access to Data .......................................................................................... 1
3. Advance Payments Prohibited .................................................................. 1 0
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4. All Writings Contained Herein ................................................................... 1
5. Amendments ............................................................................................. 1
6. Americans with Disabilities Act (ADA)....................................................... 2
7. Assignment................................................................................................ 2 c
8. Attorney's Fees ......................................................................................... 2 v
9. Audit.......................................................................................................... 2
10. Breaches of Other State Contracts ..................................................3
11. Confidentiality/Safeguarding of Information............................................... 3
12. Conflict of Interest ..................................................................................... 3 a,
13. Copyright Provision ...................................................................................4 E
14. Disputes ....................................................................................................4 0
15. Duplicate Payment .................................................................................... 5
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16. Governing Law and Venue........................................................................ 5 �.
17. Indemnification .......................................................................................... 5
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18. Independent Capacity of the Grantee........................................................ 5
19. Industrial Insurance Coverage .................................................................. 5
20. Laws.......................................................................................................... 6 E
21. Licensing, Accreditation and Registration ................................................. 6 U
22. Limitation of Authority................................................................................ 6 a
23. Noncompliance with Nondiscrimination Laws ........................................... 6
24. Pay Equity..................................................................................6
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4.C.a
25. Political Activities....................................................................................... 7
26. Publicity..................................................................................................... 7
27. Recapture.................................................................................................. 7
28. Records Maintenance ............................................................................... 7 c�
29. Registration with Department of Revenue................................................. 7 Cn
30. Right of Inspection............................................................ ..........7
31. Savings...................................................................................................... 8
32. Severability................................................................................................ 8 Q
33. Site Security .............................................................................................. 8
34. Subgranting/Subcontracting ...................................................................... 8
35. Survival...................................................................................................... 8
36. Taxes......................................................................................................... 8
37. Termination for Cause............................................................................... 8
38. Termination for Convenience .................................................................... 9
39. Termination Procedures............................................................................ 9 0
40. Treatment of Assets ................................................................................ 10 a�
41. Waiver..................................................................................................... 10 E
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Attachment A, Scope of Work; Attachment B, Budget; Attachment C, Availability of Funds;
Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED E
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4.C.a
FACE SHEET
Grant Number: 18-96616-
Washington State Department of Commerce
Local Government Division
Community Capital Facilities Unit M
L GRANTEE 2.GRANTEE Doing Business As(optional)
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City of Kent Q
440 W Gowe
Kent,Washington 98032
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3.Grantee Representative 4.COMMERCE Representative
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Susanne P. Smith Katrina Perez V
(253)856-5553 Project Manager P.O.Box 42525
spsmith@kentwa.gov (360)688-6127 1011 Plum Street SE
Fax 360-586-5880 Olympia,WA 98504-2525
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katrina.perez@commerce.wa.gov E
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5.Grant Amount 6.Funding Source 7.Start Date 8.End Date V
$1,950,000.00 Federal: ❑ State: ® Other: ❑ N/A: ❑ 1/19/2018 6/30/2023,contingent on p
reappropriation,
6/30/2023 if funds are not d
reappropriated E
9.Federal Funds(as applicable) Federal Agency CFDA Number Q.
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N/A N/A N/A G
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10.Tax ID# 11.SWV# 12.UBI# 13.DUNS#
91-6001254 SWV0000552-00 173-000-002 N/A
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14.Grant Purpose c
The purpose of this performance-based contract is to provide funding for flood plain stabilization and habitat improvements to an y
urbanized reach of Mill Creek as described in Attachment A—Scope of Work(the"Project").
COMMERCE,defined as the Department of Commerce,and the GRANTEE,as defined above,acknowledge and accept the terms c
of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The M
rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by
reference: Grant Terms and Conditions including Attachment"A"—Scope of Work,Attachment"B"—Budget,Attachment"C"—
Certification of Availability of Funds to Complete the Project,Attachment"D"—Certification of the Payment and Reporting of
Prevailing Wages,Attachment"E"—Certification of Intent to Enter LEED process. V
FOR GRANTEE FOR COMMERCE c
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Dana Ralph,Mayor Mark K.Barkley,Assistant Director
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Date Date 0
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APPROVED AS TO FORM Q.
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Dawn Cortez,Assistant Attor General E
Washington State Office of the Attorney Genera! Date:1//23/2023
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4.C.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THIS CONTRACT, entered into by and between City of Kent ("GRANTEE"), a unit of local government, c
and the Washington State Department of Commerce ("COMMERCE"), WITNESSES THAT: Cn
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WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5)to cooperate
with and provide assistance to local governments, businesses, and community-based
organizations; and
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WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and
WHEREAS, the Washington State Legislature has, in Laws of 2018, Chapter 2, Section 10004,
reappropriated in Laws of 2019, Chapter 413, Section 1024, and Laws of 2021,Chapter 332, c�
Section 1024, made an appropriation to support the Local and Community Projects Program, and =
directed COMMERCE to administer those funds; and
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WHEREAS, the GRANTEE intends to complete the Project, which will result in flood plain m
stabilization and habitat improvements to an urbanized reach of Mill Creek; and E
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WHEREAS, the enabling legislation stipulates that the GRANTEE is eligible to receive funding for o
the Project; and +.
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Additionally, the GRANTEE has received an appropriation for grant activities relating to current E
project in Laws of 2019, Chapter 413, Section 1042, which has not yet been administered; and Q.
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WHEREAS, the Project is one component of a larger multiphase project, which will result in 76t"
Avenue South being raised above the FEMA flood elevation. This final phase is the most a
significant as it replaces deficient culverts and expands creek channel capacity. U)
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NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter a�
contained, the parties hereto agree as follows: S
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1. GRANT MANAGEMENT
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The Representative for each of the parties shall be responsible for and shall be the contact person for Q
all communications and billings regarding the performance of this Grant.
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The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Grant.
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The Representative for the GRANTEE and their contact information are identified on the Face �j
Sheet of this Grant.
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2. COMPENSATION
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COMMERCE shall pay an amount not to exceed $1,950,000.00 for the capital costs necessary for or
incidental to the performance of work as set forth in the Scope of Work. E
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3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES o
A. The release of state funds under this contract is contingent upon the GRANTEE certifying that it
has expended or has access to funds from non-state sources as set forth in ATTACHMENT C o
(CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof.
Such non-state sources may consist of a combination of any of the following:
i) Eligible Project expenditures prior to the execution of this contract. U
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ii) Cash dedicated to the Project. Q
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4.C.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
iii) Funds available through a letter of credit or other binding loan commitment(s). c
iv) Pledges from foundations or corporations. Cn
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v) Pledges from individual donors.
vi) The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal performed by a licensed, Q
professional real estate appraiser, or a current property tax statement. COMMERCE will
not consider appraisals for prospective values of such property for the purposes of ti
calculating the amount of non-state matching fund credit.
vii) In-kind contributions, subject to COMMERCE'S approval.
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B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has
expended funds from such non-state sources, and shall make such records available for
COMMERCE'S review upon reasonable request. U
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4. PREVAILING WAGE LAW E
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The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12 v
RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department 0
of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage E
payments that may be required by law.
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5. DOCUMENTATION AND SECURITY o
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The provisions of this section shall apply to capital projects performed by nonprofit organizations and
public benefit corporations that involve the expenditure of over$250,000 in state funds. Additionally, U)
Commerce reserves the right to review all state-funded projects and to require that projects o
performed by other entity types comply with this section. Projects for which the grant award or
legislative intent documents specify that the state funding is to be used for pre-design or design only
are exempt from this section.
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
trust or other appropriate security instrument in favor of COMMERCE (the "Deed of Trust"). The Q
Deed of Trust shall be recorded in the County where the Project is located, and the original
returned to COMMERCE after recordation within ninety(90) days of contract execution. The
Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any
Project costs. The amount secured by the Deed of Trust shall be the amount of the grant as set
forth in Section 2, hereof. C)
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B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a minimum
period of ten (10)years following the later of: (1)final payment of state funds to the GRANTEE
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under this grant; or(2)the date when the facility improved or acquired with grant funds, or a U,
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distinct phase of the Project, is made useable to the public for the purpose intended by the m
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Legislature. Upon satisfaction of the ten-year term requirement and all other grant terms and E
conditions, COMMERCE shall, upon written request of the GRANTEE, take appropriate action to 0
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reconvey the Deed of Trust. o
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender's policy of title o
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
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D. Covenant. If the project will be partially funded by a loan and the term of said loan is less than the
commitment period under this grant contract, COMMERCE may require that GRANTEE record or r
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4.C.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
cause to be recorded a covenant in a superior lien position ahead of the lender's security c
instrument that restricts use of the facility or property for the purpose(s) stated elsewhere in this
contract for at least the term of the commitment period
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E. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and >
COMMERCE shall respond to the request in writing within thirty(30) days of receiving the Q
request.
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6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL �c
PROPERTY PERFORMANCE MEASURES a0i
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When all or part of the grant is used to fund the acquisition of real property, before funds are v_
disbursed, the GRANTEE shall procure and provide to COMMERCE evidence establishing the
value of the real property eligible for reimbursement as follows:
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a. GRANTEE purchases of real property from an independent third-party seller shall be m
evidenced by a current appraisal prepared by a licensed Washington State commercial E
real estate appraiser, or a current property tax statement.
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b. GRANTEE purchases of real property from a subsidiary organization, such as an
affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed E
Washington State commercial real estate appraiser or the prior purchase price of the E
property plus holding costs, whichever is less.
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7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
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The GRANTEE may be reimbursed, at the rate set forth elsewhere in this contract, for Project f°
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expenditures corresponding to activities described in the Scope of Work in the following cost c
categories:
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A. Real property, and costs directly associated with such purchase, when purchased or acquired w
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning; c
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C. Construction management and observation (from external sources only);
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D. Construction costs including, but not limited to, the following:
Site preparation and improvements; 0
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technology infrastructure; and
Landscaping. E
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8. BILLING PROCEDURES AND PAYMENT v
COMMERCE shall reimburse the GRANTEE for one-hundred percent (100%) of eligible Project 0
expenditures, up to the maximum payable under this contract. When requesting reimbursement for o
expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed Invoice
Voucher(Form A-19), that documents capitalized Project activity performed— by budget line item—
for the billing period. E
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The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice U
received from vendors providing Project goods or services covered by the contract. The GRANTEE Q
Packet Pg. 46
4.C.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as c
applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks
or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially
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submitted, or within thirty (30)days thereafter.
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the W
GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60)days following the Q
completion of work or other termination of this contract, or within fifteen (15) days following the end of
the state biennium unless contract funds are reappropriated by the Legislature in accordance with
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Section 19, hereof.
If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial
reimbursement under another grant contract, GRANTEE must clearly identify such grant contracts in c)
the transmittal letter and request for payment.
Each request for payment must be accompanied by a Project Status Report, which describes, in 4)
narrative form, the progress made on the Project since the last invoice was submitted, as well as a `m
report of Project status to date. COMMERCE will not release payment for any reimbursement E
request received unless and until the Project Status Report is received. After approving the Invoice 0
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE. v
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COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often E
than monthly.
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Payment shall be considered timely if made by COMMERCE within thirty (30)calendar days after Q-
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receipt of properly completed invoices. Payment shall be sent to the address designated by the o
GRANTEE.
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COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the U)
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or 0
condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this w
Agreement shall be made by COMMERCE.
Duplication of Billed Costs
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The GRANTEE shall not bill COMMERCE for services performed under this Agreement, and M
COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
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Disallowed Costs
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The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees. cLa
9. SUBCONTRACTOR DATA COLLECTION
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GRANTEE will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Grant performed by subcontractors and the portion E
of Grant funds expended for work performed by subcontractors, including but not necessarily limited 0
to minority-owned, woman-owned, and veteran-owned business subcontractors. "Subcontractors" v
shall mean subcontractors of any tier. 0
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10. INSURANCE
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A. Insurance Requirements for Reimbursable Activities E
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The GRANTEE will maintain appropriate insurance coverage throughout any period in which r
reimbursable activities are conducted. The intent of the required insurance is to protect the state of Q
Packet Pg. 47
4.C.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Washington should there be any claims, suits, actions, costs, damages or expenses arising from any c
loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either,
while performing under the terms of this Grant.
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B. Additional Insurance Requirements During the Term of the Grant
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The GRANTEE shall provide proof to COMMERCE of the following insurance coverage as applicable: >
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Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate ti
quantity to protect against legal liability related to this Grant but no less than $1,000,000 per
occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees provide
adequate insurance coverage for the activities arising out of subgrants. Commercial General v
Liability Insurance coverage shall be maintained in full force and effect during the term of this —_
Grant and throughout the commitment period described in Special Terms and Conditions Section
5, 14, and 15.
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Property Insurance. The GRANTEE shall keep the property insured in an amount sufficient to m
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permit such insurance to be written at all times on a replacement cost basis. Such insurance shall E
cover the following hazards, as applicable: 0
• Loss or damage by fire and such other risks; o
• Loss or damage from leakage or sprinkler systems now or hereafter installed in any
building on the premises; E
• Loss or damage by explosion of steam boilers, pressure vessels, oil or gasoline storage
tanks or similar apparatus now or hereafter installed in a building or building on the
premises.
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Property Insurance coverage shall be maintained in full force and effect during the term of this
Grant and throughout the commitment period described in Special Terms and Conditions Section in
5, 14, and 15
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Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the GRANTEE for the purpose of receiving or depositing funds into program accounts or
issuing financial documents, checks, or other instruments of payment for program costs shall be
insured to provide protection against loss: co
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A. The amount of fidelity coverage secured pursuant to this Grant shall be$2,000,000 or the
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. L
B. Subgrantees that receive $10,000 or more per year in funding through this Grant shall secure c
fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to v
this paragraph shall name the GRANTEE and the GRANTEE's fiscal agent as beneficiary.
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Fidelity Insurance coverage shall be maintained in full force and effect during the term of this
Grant.
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The insurance required shall be issued by an insurance company authorized to do business within E
the state of Washington. The insurance shall name the state of Washington, its agents, officers, and o
employees as additional insureds under the insurance policy. All policies shall be primary to any other c)
valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty o
(30) calendar days advance notice of any insurance cancellation or modification. a
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The GRANTEE shall provide to COMMERCE copies of insurance instruments or certifications from
the insurance issuing agency. The copies or certifications shall show the insurance coverage, the
designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE
will be provided thirty (30)days advance written notice of cancellation.
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4.C.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30) c
calendar days prior to expiration of each policy required under this section.
Professional Liability, Errors and Omissions Insurance for Contractors. The GRANTEE Cn
shall require that any contractors providing professional services that are reimbursable under this
Grant maintain Professional Liability or Errors and Omissions Insurance. The GRANTEE shall
require such contractors to maintain minimum limits of no less than $1,000,000 per occurrence. Q
The state of Washington, its agents, officers, and employees need not be named as additional
insureds under these policies.
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GRANTEES and Local Governments that Participate in a Self-Insurance Program.
Self-Insured/Liability Pool or Self-Insured Risk Management Program—With prior approval from 9),
COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool t)
or self-insured risk management program. In order to obtain permission from COMMERCE, the
GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate
and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk U
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management programs or self-insured/liability pool financial reports must comply with Generally
Accepted Accounting Principles GAAP and adhere to accounting standards promulgated b 1 E
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Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board 0
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(FASB), and 3)the Washington State Auditor's annual instructions for financial reporting. o
GRANTEE's participating in joint risk pools shall maintain sufficient documentation to support the
aggregate claim liability information reported on the balance sheet. The state of Washington, its E
agents, and employees need not be named as additional insured under a self-insured E
property/liability pool, if the pool is prohibited from naming third parties as additional insured.
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GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self o
insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self-
insured risk management program. Such annual summary of coverage and letter of self f°
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insurance will be provided on the anniversary of the start date of this Agreement. c
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11. ORDER OF PRECEDENCE c
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations o
• Special Terms and Conditions M
• General Terms and Conditions
• Attachment A—Scope of Work L
• Attachment B— Budget c
• Attachment C—Certification of the Availability of Funds to Complete the Project �j
• Attachment D—Certification of the Payment and Reporting of Prevailing Wages
• Attachment E—Certification of Intent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
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12. REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this contract are withdrawn, o
reduced, or limited in any way by the Governor or the Washington State Legislature during the v
contract period, the parties hereto shall be bound by any such revised funding limitations as o
implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract
accordingly. o
13. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
E
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this contract and does not assert and will not acquire any ownership interest in or title to the capital
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Packet Pg. 49
4.C.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
facilities and/or equipment constructed or purchased with state funds under this contract; provided, c
however, that COMMERCE may be granted a security interest in real property, to secure funds
awarded under this contract. This provision does not extend to claims that COMMERCE may bring
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against the GRANTEE in recapturing funds expended in violation of this contract.
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14. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY
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A. The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state
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funds under this contract, shall be held and used by the GRANTEE for the purpose or purposes
stated elsewhere in this contract for a period of at least ten (10)years from the later of: (1)the
date the final payment is made hereunder; or(2)the date when the facility improved or acquired v
with grant funds, or a distinct phase of the Project, is made usable to the public for the purpose —_
intended by the Legislature.
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B. This provision shall not be construed to prohibit the GRANTEE from selling any property or U
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properties described in this section; Provided, that any such sale shall be subject to prior review m
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the E
purchase price of a different facility or facilities of equal or greater value than the original facility
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and that any such new facility or facilities will be used for the purpose or purposes stated —
elsewhere in this contract.
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C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall E
repay to the state general fund the principal amount of the grant, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most closely to the Q-
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effective date of the legislation in which the subject facility was authorized. Repayment shall be o
made pursuant to Section 27 (Recapture provision)of the General Terms and Conditions.
15. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
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A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this contract shall be used c
by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at E
least ten (10)years from the later of: (1)the date the final payment is made hereunder; or(2)the
date when the facility improved or acquired with grant funds, or a distinct phase of the Project, is
made usable to the public for the purpose intended by the Legislature. o
B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most closely to the
effective date of the legislation in which the subject facility was authorized. Repayment shall be c
made pursuant to Section 27 (Recapture provision)of the General Terms and Conditions. C)
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16. MODIFICATION TO THE PROJECT BUDGET c�a
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A. Notwithstanding any other provision of this contract, the GRANTEE may, at its discretion, make
modifications to line items in the Project Budget(Attachment B), hereof, that will not increase the L
line item by more than fifteen percent(15%).
B. The GRANTEE shall notify COMMERCE in writing (by email or regular mail)when proposing any o
budget modification or modifications to a line item in the Project Budget (Attachment B,) hereof, v
that would increase the line item by more than fifteen percent(15%). Conversely, COMMERCE o
may initiate the budget modification approval process if presented with a request for payment
under this contract that would cause one or more budget line items to exceed the 15 percent o
(15%)threshold increase described above.
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C. Any such budget modification or modifications as described above shall require the written E
approval of COMMERCE (by email or regular mail), and such written approval shall amend the U
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Packet Pg. 50
4.C.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Project Budget. Each party to this contract will retain and make any and all documents related to c
such budget modifications a part of their respective contract file.
D. Nothing in this section shall be construed to permit an increase in the amount of funds available Cn
for the Project, as set forth in Section 2 of this contract. 3
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17. SIGNAGE, MARKERS AND PUBLICATIONS >
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If, during the period covered by this contract, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the Project, ti
any such communication or publication must identify"The Taxpayers of Washington State" as a
participant.
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18. HISTORICAL AND CULTURAL ARTIFACTS v
Prior to approval and disbursement of any funds awarded under this Contract, GRANTEE shall
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cooperate with COMMERCE to complete the requirements of Governor's Executive Order 21-02 or U
GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if m
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applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance E
with all laws, regulations, and agreements related to the preservation of historical or cultural 0
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resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any —
claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of
the project funded by this Contract.
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In addition to the requirements set forth in this Contract, GRANTEE shall, in accordance with
Q.
Governor's Executive Order 21-02 as applicable, coordinate with Commerce and the Washington
State Department of Archaeology and Historic Preservation ("DAHP"), including any recommended
consultation with any affected tribe(s), during Project design and prior to construction to determine the a
existence of any tribal cultural resources affected by Project. GRANTEE agrees to avoid, minimize, U)
or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this o
Contract. a�
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The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the GRANTEE shall immediately stop construction and notify the
local historical preservation officer and the state's historical preservation officer at DAHP, and the Q
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Commerce Representative identified on the Face Sheet. If human remains are uncovered, the
GRANTEE shall report the presence and location of the remains to the coroner and local enforcement
immediately, then contact DAHP and the concerned tribe's cultural staff or committee. L
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The GRANTEE shall require this provision to be contained in all subcontracts for work or services �j
related to the Scope of Work attached hereto.
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In addition to the requirements set forth in this Contract, GRANTEE agrees to comply with RCW
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27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and
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Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and
WAC 25-48 regarding Archaeological Excavation and Removal Permits. E
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Completion of the requirements of Section 106 of the National Historic Preservation Act shall v
substitute for completion of Governor's Executive Order 21-02. 0
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In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may
be required to re-comply with Governor's Executive Order 21-02 or Section 106 of the National
Historic Preservation Act. E
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19. REAPPROPRIATION
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Packet Pg. 51
4.C.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
A. The parties hereto understand and agree that any state funds not expended by June 30, 2023 will c
lapse on that date unless specifically reappropriated by the Washington State Legislature. If L
funds are so reappropriated, the state's obligation under the terms of this contract shall be
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contingent upon the terms of such reappropriation.
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B. In the event any funds awarded under this contract are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such Q
reappropriation for administrative costs.
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20. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this contract, COMMERCE reserves the right to c)
terminate or amend this contract accordingly, including the right to recapture all funds disbursed to
the GRANTEE under the Grant.
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21. FRAUD AND OTHER LOSS REPORTING E
Grantee shall report in writing all known or suspected fraud or other loss of any funds or other o
property furnished under this Contract immediately or as soon as practicable to the Commerce v
Representative identified on the Face Sheet. o
22. PUBLIC RECORDS ACT
E
Notwithstanding General Terms and Conditions Section 11, COMMERCE is a public agency subject
to the Public Records Act, Chapter 42.56 RCW (the "PRA"). Under the PRA, all materials relating to Q-
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the conduct of government or the performance of any governmental or proprietary function prepared, o
owned, used, or retained by COMMERCE or its functional equivalents are considered public records.
The PRA requires that public records responsive to a public records request be promptly produced
unless the PRA or an "other statute" exempts such records from production. This Agreement is not c
intended to alter COMMERCE's obligations under the PRA. The parties agree that if COMMERCE °
receives a public records request for files that may include confidential information under General c
Terms and Conditions Section 11, COMMERCE will notify the other party of the request and of the E
date that the records will be released to the requester unless GRANTEE obtains a court order
enjoining disclosure. If the GRANTEE fails to obtain the court order enjoining disclosure,
COMMERCE may release the requested information on the date specified. If the GRANTEE obtains c
a court order from a court of competent jurisdiction enjoining disclosure pursuant to the PRA, M
COMMERCE shall maintain the confidentiality of the information per the court order.
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23. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN
WORK °
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The "Copyright Provisions", Section 13 of the General Terms and Conditions, are not intended to
apply to any architectural and engineering design work funded by this grant.
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Packet Pg. 52
4.C.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
1. DEFINITIONS L
As used throughout this Grant, the following terms shall have the meaning set forth below: U)
g g 9 cn
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce. Q
C. "Grant" and "Agreement" and "Contract" shall mean the entire written agreement between ti
COMMERCE and the GRANTEE, including any exhibits, attachments, documents, or materials Y
incorporated by reference, and any amendments executed by the parties.
L
D. "GRANTEE" shall mean the entity identified on the face sheet performing service(s) under this v
Grant, and shall include all employees and agents of the GRANTEE.
E. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social E
security numbers, driver license numbers, other identifying numbers, and any financial identifiers. o
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F. "State" shall mean the state of Washington. o
G. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant under a separate Grant with the E
GRANTEE. The terms "subgrantee/subcontractor" refers to any tier.
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H. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass- p
through entity to carry out a federal program, but does not include an individual that is a ar
beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for
goods and/or services in the course of normal trade or commerce. )
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I. "Vendor" is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually S
determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit
basis with contractual penalties if the entity fails to meet program performance standards. ?�
2. ACCESS TO DATA o
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In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the GRANTEE's reports, including computer models and the c
methodology for those models. v
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3. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant L
shall be made by COMMERCE.
4. ALL WRITINGS CONTAINED HEREIN o
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This Grant contains all the terms and conditions agreed upon by the parties. No other o
understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist a
or to bind any of the parties hereto. o
5. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
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Packet Pg. 53
4.C.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to L
as the "ADA" 28 CFR Part 35 c9
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The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local c
government services, and telecommunications. Q
7. ASSIGNMENT
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Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Y
GRANTEE without prior written consent of COMMERCE. °
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8. ATTORNEYS' FEES v
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorneys' fees and costs.
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9. AUDIT E
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A. General Requirements °
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COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure audit °
services based on the following guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
that subgrantees also maintain auditable records. Q-
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The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of
its subgrantees.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from U)
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the audit. °
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Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty(30)days of the date of
request.
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B. State Funds Requirements M
In the event an audit is required, if the GRANTEE is a state or local government entity, the Office
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be L
conducted by a certified public accountant selected by the GRANTEE.
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The GRANTEE shall include the above audit requirements in any subcontracts. v
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In any case, the GRANTEE's records must be available for review by COMMERCE.
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C. Documentation Requirements L
The GRANTEE must send a copy of the audit report described above no later than nine (9) m
months after the end of the GRANTEE's fiscal year(s) by sending a scanned copy to E
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auditreview(a)-commerce.wa.gov or a hard copy to: 0
Department of Commerce o
ATTN: Audit Review and Resolution Office a
1011 Plum Street SE
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PO Box 42525
Olympia WA 98504-2525
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In addition to sending a copy of the audit, when applicable, the GRANTEE must include:
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• Corrective action plan for audit findings within three (3) months of the audit being a
received by COMMERCE.
Packet Pg. 54
4.C.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
• Copy of the Management Letter. L
If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements, Cn
a copy must be provided to COMMERCE; no other report is required. 3
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10. BREACHES OF OTHER STATE CONTRACTS >
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GRANTEE is expected to comply with all other contracts executed between GRANTEE and the State
of Washington. A breach of any other agreement entered into between GRANTEE and the State of ti
Washington may, in COMMERCE's discretion, be deemed a breach of this Agreement. Y
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11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION �j
A. "Confidential Information" as used in this section includes:
1. All material provided to the GRANTEE by COMMERCE that is designated as "confidential" U
by COMMERCE; E
2. All material produced by the GRANTEE that is designated as"confidential" by COMMERCE; E
and c)
3. All personal information in the possession of the GRANTEE that may not be disclosed under °
state or federal law. "Personal information" includes but is not limited to information related to
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a person's name, health, finances, education, business, use of government services, E
addresses, telephone numbers, social security number, driver's license number and other
identifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
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B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information )
solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any $
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The GRANTEE shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on m
confidentiality. COMMERCE may require changes to such policies and procedures as they apply M
to this Grant whenever COMMERCE reasonably determines that changes are necessary to --
prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period
specified by COMMERCE. Upon request, the GRANTEE shall immediately return to
COMMERCE any Confidential Information that COMMERCE reasonably determines has not c
been adequately protected by the GRANTEE against unauthorized disclosure. v
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C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5)working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure. L
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12. CONFLICT OF INTEREST E
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Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE v
may, in its sole discretion, by written notice to the GRANTEE terminate this contract if it is found after o
due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service a
Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the o
procurement of, or performance under this contract.
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Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked on this Grant, or any ;o
matter related to the project funded under this Grant or any other state funded project, including but a
not limited to formulating or drafting legislation, participating in grant procurement, planning and
Packet Pg. 55
4.C.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date L
of this Grant. Any person identified by the GRANTEE and their subcontractors(s) must be identified 0
individually by name, the agency previously or currently employed by,job title or position held, and Cn
separation date. If it is determined by COMMERCE that a conflict of interest exists, the GRANTEE
may be disqualified from further consideration for the award of a Grant.
In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue Q
the same remedies against the GRANTEE as it could pursue in the event of a breach of the contract coo
by the GRANTEE. The rights and remedies of COMMERCE provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law. The existence of
facts upon which COMMERCE makes any determination under this clause shall be an issue and may
L
be reviewed as provided in the "Disputes" clause of this contract. v
13. COPYRIGHT PROVISIONS
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Unless otherwise provided, all Materials produced under this Grant shall be considered "works for E
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall E
be considered the author of such Materials. In the event the Materials are not considered "works for o
hire" under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and v
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to °
COMMERCE effective from the moment of creation of such Materials. _
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"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, Q.
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the W
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ability to transfer these rights. a,
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For Materials that are delivered under the Grant, but that incorporate pre-existing materials not U)
produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free, o
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants c
and represents that the GRANTEE has all rights and permissions, including intellectual property w
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein ,LO
and of any portion of such document which was not produced in the performance of this Grant. The
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the GRANTEE with respect to any Materials delivered under this Grant. L
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the 0
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Materials by the GRANTEE. C)
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14. DISPUTES
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Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot W
be resolved by direct negotiation, either party may request a dispute hearing with the Director of E
COMMERCE, who may designate a neutral person to decide the dispute. E
The request for a dispute hearing must: v
• be in writing; °
• state the disputed issues; m
• state the relative positions of the parties;
• state the GRANTEE's name, address, and Contract number; and c
be mailed to the Director and the other party's (respondent's) Grant Representative within E
• three (3)working days after the parties agree that they cannot resolve the dispute.
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The respondent shall send a written answer to the requestor's statement to both the Director or the Q
Director's designee and the requestor within five (5)working days.
Packet Pg. 56
4.C.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
The Director or designee shall review the written statements and reply in writing to both parties within L
ten (10)working days. The Director or designee may extend this period if necessary by notifying the 0
parties. Cn
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The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. c
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The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial Q
tribunal.
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Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. Y
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15. DUPLICATE PAYMENT v
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the
same services or expenses. The GRANTEE certifies that work to be performed under this contract E
does not duplicate any work to be charged against any other grant, subgrant/subcontract, or E
agreement. o
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16. GOVERNING LAW AND VENUE
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This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
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17. INDEMNIFICATION p
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of U)
the state, from and against all claims for injuries or death arising out of or resulting from the o
performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorneys'fees, attributable for bodily injury, _
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use w
resulting therefrom.
The GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by co
GRANTEE's agents, employees, representatives, or any subgrantee/subcontractor or its employees. LO
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GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to GRANTEE'S or any subgrantee's/subcontractor's performance or failure to L
perform the Grant. GRANTEE'S obligation to indemnify, defend, and hold harmless the State shall
not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents,
agencies, employees and officials.
The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
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18. INDEPENDENT CAPACITY OF THE GRANTEE E
The parties intend that an independent contractor relationship will be created by this Grant. The v
GRANTEE and its employees or agents performing under this Contract are not employees or agents ,-
of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be °
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or o
employee under law. Conduct and control of the work will be solely with the GRANTEE.
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19. INDUSTRIAL INSURANCE COVERAGE z
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The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If
the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on Q
Packet Pg. 57
4.C.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the L
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount c9
owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by Cn
COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and
Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to
collect from the GRANTEE. Q
20. LAWS ti
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of
local and state and federal governments, as now or hereafter amended.
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21. LICENSING, ACCREDITATION AND REGISTRATION The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
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22. LIMITATION OF AUTHORITY o
Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to v
be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment,
modification, or waiver or any clause or condition of this contract is not effective or binding unless E
made in writing and signed by the Authorized Representative.
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23. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
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During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the GRANTEE's non-compliance or U)
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, �00
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the"Disputes" procedure cyv
set forth herein.
The funds provided under this contract may not be used to fund religious worship, exercise, or o
instruction. No person shall be required to participate in any religious worship, exercise, or instruction
in order to have access to the facilities funded by this grant.
24. PAY EQUITY
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The GRANTEE agrees to ensure that"similarly employed" individuals in its workforce are
compensated as equals, consistent with the following: cLa
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a. Employees are "similarly employed" if the individuals work for the same employer, the W
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether E
employees are similarly employed; 0
b. GRANTEE may allow differentials in compensation for its workers if the differentials are v
based in good faith and on any of the following: 0
(i)A seniority system; a merit system; a system that measures earnings by quantity or Q-
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quality of production; a bona fide job-related factor or factors; or a bona fide regional o
difference in compensation levels.
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(ii)A bona fide job-related factor or factors may include, but not be limited to, education, z
training, or experience that is: Consistent with business necessity; not based on or r
derived from a gender-based differential; and accounts for the entire differential. a
Packet Pg. 58
4.C.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
(iii)A bona fide regional difference in compensation level must be: Consistent with L
business necessity; not based on or derived from a gender-based differential; and c9
account for the entire differential. Cn
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This Contract may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise
services determines that the GRANTEE is not in compliance with this provision. Q
25. POLITICAL ACTIVITIES ti
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances Y
and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
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No funds may be used for working for or against ballot measures or for or against the candidacy of v
any person for public office. —
26. PUBLICITY i
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The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of E
Washington or COMMERCE's name is mentioned, or language used from which the connection with °
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the c)
prior written consent of COMMERCE. o
27. RECAPTURE
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In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law o
or in equity.
Repayment by the GRANTEE of funds under this recapture provision shall occur within the time U)
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from o
payments due under this Grant.
28. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting o
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any M
nature expended in the performance of this Grant.
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GRANTEE shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant, shall be subject at v
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
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If any litigation, claim or audit is started before the expiration of the six (6)year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved. E
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29. REGISTRATION WITH DEPARTMENT OF REVENUE v
If required by law, the GRANTEE shall complete registration with the Washington State Department °
of Revenue. m
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30. RIGHT OF INSPECTION c
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At no additional cost, the GRANTEE shall provide right of access to its facilities to COMMERCE, or E
any of its officers, or to any other authorized agent or official of the state of Washington or the federal U
government, at all reasonable times, in order to monitor and evaluate performance, compliance, Q
and/or quality assurance under this Grant.
Packet Pg. 59
4.C.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
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31. SAVINGS (7
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the c
Grant under the "Termination for Convenience" clause, without the ten calendar day notice Q
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions. *�
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32. SEVERABILITY
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The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid �j
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of =
the Grant.
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33. SITE SECURITY E
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform o
in all respects with physical, fire or other security policies or regulations. v
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34. SUBGRANTING/SUBCONTRACTING
Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for
any of the work contemplated under this contract without obtaining prior written approval of Q.
COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or p
reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the ar
GRANTEE's duties. This clause does not include Grants of employment between the GRANTEE and
personnel assigned to work under this Grant. U)
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Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this agreement are carried forward to any subgrants/subcontracts. Every
subgrant/subcontract shall include a term that COMMERCE and the State of Washington are not
liable for claims or damages arising from a subgrantee's/subcontractor's performance of the
subgrant/subcontract. GRANTEE and its subgrantees/subcontractors agree not to release, divulge,
publish, transfer, sell or otherwise make known to unauthorized persons personal information without ,
the express written consent of COMMERCE or as provided by law.
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35. SURVIVAL L
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The terms, conditions, and warranties contained in this Grant that by their sense and context are 0
intended to survive the completion of the performance, cancellation or termination of this Grant shall v
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so survive. ca
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36. TAXES
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All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's E
income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall o
be the sole responsibility of the GRANTEE. v
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37. TERMINATION FOR CAUSE a
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In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this o
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant.
Before suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the
need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant z
may be terminated or suspended. r
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Packet Pg. 60
4.C.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by L
law including, but not limited to, any cost difference between the original Grant and the replacement 0
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the Cn
competitive bidding, mailing, advertising and staff time.
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COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or Q
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the GRANTEE or a decision by ti
COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience" Y
if it is determined that the GRANTEE: (1)was not in default; or(2)failure to perform was outside of
his or her control, fault or negligence. v
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
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38. TERMINATION FOR CONVENIENCE E
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Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written Lj
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this o
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination. E
39. TERMINATION PROCEDURES Q.
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Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, o
may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this Grant as has been terminated. The provisions of the U)
"Treatment of Assets" clause shall apply in such property transfer. o
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COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed =
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and w
COMMERCE for(i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv)the protection and preservation of property, unless the termination is for default, in which case the c
AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure M
to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the
AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against
potential loss or liability. v
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The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in i
addition to any other rights and remedies provided by law or under this contract. c9
After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED
REPRESENTATIVE, the GRANTEE shall:
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1. Stop work under the Grant on the date, and to the extent specified, in the notice; o
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as v
may be necessary for completion of such portion of the work under the Grant that is not o
terminated; Q-
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the o
AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the
orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and z
subgrants/subcontracts; U
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and Q
subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the
Packet Pg. 61
4.C.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be L
final for all the purposes of this clause; c9
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed Cn
by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed,
would have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the Q
AUTHORIZED REPRESENTATIVE; and
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7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct,
for the protection and preservation of the property related to this Grant, which is in the possession
of the GRANTEE and in which COMMERCE has or may acquire an interest.
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40. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a `m
direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such E
property by the GRANTEE. Title to other property, the cost of which is reimbursable to the o
GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such v
property in the performance of this Grant, or (ii) commencement of use of such property in the 0
performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in =
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part, whichever first occurs. E
A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this Grant. o
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the GRANTEE or which results from the failure on the part of the U)
GRANTEE to maintain and administer that property in accordance with sound management o
practices. r
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C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately S
notify COMMERCE and shall take all reasonable steps to protect the property from further w
damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant c
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees, M
agents or subgrantees/subcontractors.
41. WAIVER
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Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or C)
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
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4.C.a
Attachment A
Scope of Work L
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Funds awarded under this grant shall be used by City of Kent for land acquisition, design, and the
construction phases of an urbanized reach of Mill Creek located in a section between 22011 and 22408
76th Ave S Kent, WA 98032. Q
This will include, but not be limited to, providing flood plain stabilization and habitat improvements to Mill ti
Creek at 76th Ave South by replacing five deficient culverts to allow increased fish passage and Y
restoration of vegetation and channel capacity; and creation of floodplain areas to reduce flood risk.
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This project will serve as a benefit to the public by stabilizing the area to protect against flooding and -
improving the surrounding habitat.
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This project is anticipated to be completed by December 2024. E
Costs related to the work will only be reimbursed to the extent the work is determined by Commerce to be o
within the scope of the legislative appropriation. U
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CERTIFICATION PERFORMANCE MEASURE
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The GRANTEE, by its signature, certifies that the Scope of Work set forth above has been reviewed and o
approved by the GRANTEE's governing body as of the date and year written below.
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4.C.a
Attachment B
Budget L
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Line Item Amount Q
Architecture & Engineering $1,500,000.00
Site Acquisition $1,411,202.00 ti
Construction $13,367,090.00
Construction Management $1,500,000.00 L
Total Contracted Amount: $17,778,292.00 v
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CERTIFICATION PERFORMANCE MEASURE
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The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and o
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year v
written below. o
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4.C.a
Attachment C
Certification of the Availability of Funds to Complete the Project L
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Non-State Funds Amount Total Q
King County Flood Control District $205,902.00
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City of Kent $14,642,390.00
Total Non-State Funds $14,848,292.00 $14,848,292.00 Y
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State Funds L
State Capital Budget $1,950,000.00 v
2019-2021 Local Community Projects 20-96627-078 $980,000.00
Total State Funds $2,930.000.00 a�
Total Non-State and State Sources $17,778,292.00
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The GRANTEE, by its signature, certifies that project funding from sources other than those provided by c
this contract and identified above has been reviewed and approved by the GRANTEE's governing body E
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or board of directors, as applicable, and has either been expended for eligible Project expenses, or is
committed in writing and available and will remain committed and available solely and specifically for
carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and p
year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or +?
has access to the funds needed to complete the Project, and shall make such records available for N
COMMERCE'S review upon reasonable request.
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4.C.a
Attachment D
Certification of the Payment and Reporting of Prevailing Wages L
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CERTIFICATION PERFORMANCE MEASURE
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The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the Q
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable on the date
the Project appropriation becomes effective, including but not limited to the filing of the "Statement of
Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The ;c
GRANTEE shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall
make such records available for COMMERCE'S review upon request. U
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid. i
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The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and E
approved by the GRANTEE's governing body as of the date and year written below. o
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4.C.a
Attachment E
Certification of Intent to Enter the L
Leadership in Energy and Environmental Design (LEED) Certification Process
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CERTIFICATION PERFORMANCE MEASURE
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The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project ti
funded by this contract. The GRANTEE shall, upon receipt of LEED certification by the United States ;c
Green Building Council, provide documentation of such certification to COMMERCE.
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The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and =
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year
written below. i
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4.D
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: March 20, 2023
TO: Public Works Committee
SUBJECT: James Street Stormwater Improvements — King County Flood
Control District Sub-Regional Opportunity Fund acceptance —
Authorize
MOTION: I move to accept the King County Flood Control District Sub-
Regional Opportunity Fund Allocation, in the amount of $225,308, for
James Street stormwater improvements, amend the budget, authorize
expenditure of funds, 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 King County Flood Control District (District) collects an annual
levy from properties within King County. Through the District's Sub-Regional
Opportunity Fund, 10% of the levy collected within each jurisdiction is granted back
to the jurisdiction to be used for stormwater or habitat projects with a flood-related
nexus. This year the city of Kent was allocated $225,308 from this fund.
These funds will increase the capacity of existing stormwater conveyance
infrastructure along James Street near Mill Creek. This project will reduce the
duration of standing water over the eastbound lanes on James Street by adding
drainage facilities to reduce clogging, thus enabling eastbound lanes of traffic to be
reopened more quickly following flood events. This project will be bid in 2023 with
construction anticipated in summer 2023.
BUDGET IMPACT: Provides $225,308 for the project
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. 2023_SROF_Application (PDF)
2. Ado pted_AppendixG_2023_SROF_Al location sand Projects (PDF)
Packet Pg. 68
4.D.a
ATTACHMENT A
KING COUNTY King County Water and Land Resources Division
FLOOD CONTROL River and Floodplain Management
D I S T R I C T
2023 Sub-Regional Opportunity Fund Project Application
Application Due Date: October 7, 2022
Jurisdiction: City of Kent
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Do you wish to forego the receipt of your Opportunity Fund allocation this year, allowing it to accruefor a
a future ear? ❑ Yes ®'No
Would you prefer to apply your Opportunity Funds toward an existing project on the District's 6-year Q
CIP? VNo ❑ Yes Project name =
Location '
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If you are deferring use of these funds for a future year, do you have a specific project that you are N
saving up for? ❑ Yes Q'No c
If yes, give the project name and estimated cost and timeline: E
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APPLICANT NAME: Melissa Dahl E
ADDRESS: 1400 West Gowe Street Kent, WA 98032
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PHONE: 256-856-6511 E-MAIL: I Mdahl@Kentwa.gov f°
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If you answered "Yes"to either of the first two questions above, stop here and submit this form. E
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SCOPE OF WORK '
(Please complete only one application per project.) L
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PROJECT TITLE: James Street Storm Drainage SROF REQUEST: $224,790
Improvement Project E
1) Short description of proposed project: Due to seasonal flooding from Mill Creek, an additional inlet
and conveyance system will be installed to move flooded waters from James Street to the James o
Street Stormwater Pump Station.
Project start date: Spring 2023 Project end date: Winter 2024 0
2) Type of ❑ Feasibility roject Project Eproperty Acquisition
Activity Study Design Construction Q
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ElProgrammatic— identify: oI
❑ Other— identify: NI
3) Proposed project location and related body of water: N
This project is located on James Street, a principal arterial with over 31,000 average daily trips,
between the intersection of State Avenue North and Woodford Avenue North. The project is adjacent to E
Mill Creek Middle School, with nearby single family and multi-family homes and businesses. James
Street is a Minor Arterial Roadway and a key connection between the East Hill and the industrial valley. r
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Lower Mill Creek is located in proximity of the proposed project area. This watershed originates on the
East Hill of Kent and flows through Earthworks Canyon and into the Kent Valley, which is a flat alluvial
plain with a high groundwater table.
Packet Pg. 69
4.D.a
4) Description of the flooding, stormwater, or linked watershed management problem that this projector
activity will address (300 words maximum):
The Kent Valley is historically prone to flooding. Over time, erosion from the hills have deposited
sediments in the Mill Creek channel, leading to reduced capacity in the creek channel. Reduced
storage capacity in the channel, coupled with increasingly significant precipitation events frequently
lead to the creek overtopping its banks and impacting nearby roads and properties, including the
proposed project area next to James Street, disrupting travel and King County Metro transit along
James Street and resulting in property damage. The flooding causes road closures multiple times per Q
year, affecting residents, businesses, and adjacent Mill Creek Elementary school. c
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After the storm event passes and the creek recedes back into its channel, a portion of James Street,
remains flooded and closed to roadway traffic and transit service due to water and debris, causing a Q
hazardous and impassible condition. 3
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The City previously constructed the James Street Pump station to help convey stranded water to the
creek. Even with the pumpstation support, it can take multiple days to drain flood water from James
Street. The pump station has capacity to move a greater volume of water if conveyance is improved so
that floodwater from the surrounding areas, isolated from the creek, can get to the pump station. o
While the pump station has greatly reduced the duration the road is impacted, there are still pockets of E
water along the road that delay the full use of the road and continue to impact drivers beyond the
window of flooding.
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5) Description of how the proposed activity will address the problem outlined in Question #4, above o
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(300 words maximum):
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Proposed work increases the capacity of the existing convenance system on James Street. and r
will allow for improved effectiveness of the pump station.
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Reducing the frequency/longevity of road closures due to flooding will benefit many roadway
users. The improved condition will allow James Street to serve as a more durable and sustainable o
piece of the transportation network, getting normal transit, traffic and school access back to normal M
more quickly. Improvement to the access capacity by the existing pumps should also reduce the
risk to Mill Creek elementary school facilities and reduce potential damage or extent of damage to 0
property and businesses.
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Funding this phase of the project will allow hydrology and hydraulic analysis to better define and ai
refine the proposed benefits and make identified improvements within the proposed budget. o
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4.D.a
6) Describe how the proposed project or activity satisfies the eligibility criteria for at least one of the
three categories listed in Section II of the Application Packet (Criteria for Eligible Projects and Activities)
(300 words maximum):
This project seeks to address both stormwater control improvements and flood control.
Flooding resultant from Mill Creek is a systemic issue which the City is seeking to address in projects
proposed under the City of Kent's Drainage Master plan. Work proposed under this application will
increase conveyance capacity to the existing system that feeds into the pump station. Proposed work v
will seek to both improve the existing stormwater infrastructure in place along James Street and
improve flood control in a highly trafficked area of the City. Q
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7) Identify the management plan (i.e. flood control, stormwater control, or watershed management) that
includes, recommends, supports, or is consistent with implementation of the project or activity (see
Application Packet for more information): Flood Control and Stormwater control 3
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8. SCOPE ACTIVITIES AND TIMELINE (n
TASK TITLE RELATED ACTIVITY OUTCOME OR DELIVERABLES TIMELINE as
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Task 1: Project City will manage the staff and other Complete administration and December 2024
Administration resources being used to complete the documentation for the project.
(Required) project. Submit reimbursement request E
forms, backup documentation for billing,
and progress reports. Submit a Fiscal c
Closeout form and a Closeout Report LO
form with the final reimbursement
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Task 2: Project City will oversee full design of new Complete design package including Spring/Summer
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Design, conveyance system along James Street permits and property rights. 2023 Q-
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Permitting, ROW and will pursue necessary permits and
coordination access to the site. O
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Task 3: Bidding City will prepare bid documents Fully constructed and as-built Summer/Fall c
and Construction(including estimates, plan sets,traffic stormwater system which will manage 2023 `"
control and specifications) and oversee the flooding and reduce road closures.
the construction of the proposed E
conveyance system. City staff will provide
construction management and survey Q
support during construction as well as
wrap up of the site and final inspection
and as-building the final product.
Packet Pg. 71
4.D.a
Describe the products and means that will The fund from the District will be
acknowledge the District for its financial contribution acknowledged when the project is
to this project: signed and on the project website.
Additional acknowledgements may
include social media and/or mention
at City Council meetings (which are
live streamed and posted on the city
website).
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9. PROJECT BUDGET a
ITEM TOTAL How was this cost REQUEST MATCH SOURCE
COST calculated? (Amount to be OF MATCH
paid by this u_
fund
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Task 1: Project Administration $12,000 Roughly 10%of total $15,000 $0.00 N/A
project cost E
Task 2: Project Design, $45,000 Roughly 25%of the total $45,000 $45,000 City Drainage o
Permitting, ROW coordination project Utility a
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Task 3: Bidding and $167,790 Roughly 65%of total $167,790 $90,000 City Drainage
Construction project cost Utility A
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TOTAL 1$227,790 1$135,000
Please disregard below if you are applying for more than one project this year. The figures will be i
tabulated separately.
ALLOCATION (from Table 1 in the Application Packet): 224,790
Difference between Allocation and Request (Note:This amount may not exceed the balance of allocated funds E
that you have selected to defer in prior years):$0.00
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4.D.a
For Informational Purposes Only. If you plan to partner with other jurisdictions to conduct a project or
otherwise intend to use your Opportunity Fund allocation to leverage grant funds or other surface water
management funds, please provide us with this information (300 words only):
N/A
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SIGNATURE
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When signed below and adopted by the King County Flood Control District(District) Board of Supervisors, this 3
Scope of Work is to be added to the Interlocal Agreement between the District and (applicant jurisdiction full name- E
e.g the City of Kent the and incorporated therein and made a part thereof according to the terms and conditions of o
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this Interlocal Agreement. U)
ACKNOWLEDGED, i
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SIGNATURE >? s- DATE OF SIGNATURE L ! v�
Forinfernal Use Orly
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❑ Project eligible and accepted Date: LO
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❑ Project ineligible REASON:
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4.D.b
King County Flood Control District
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2023 Subregional Opportunity Fund Allocations a
Attachment G d
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11/4/2022
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Opportunity Project Name Project Description
Jurisdiction O
Fund Allocation IL
Algona $10,000 Flood Management Plan Update Update the 1997 Flood Management Plan. fn
Auburn $113,277 DEFERRING
Beaux Arts $10,000 2023 Stormwater Annual Clean&Camera 2023 Stormwater Annual Clean&Camera Activities for 2700 to 2900 106th Ave SE (-800LF of pipe) 4)
Bellevue $649,873 Upper Kelsey Creek Phase 2 Culvert/Bridge 4)
Replacement at Lake Hills Blvd. Existing Kelsey Creek Culverts that cross under Lake Hills Blvd are undersized,unstable and deteriorating,causing an increased risk of flooding in the immediate area.Replace culverts. p
Black Diamond $12,951 DEFERRING Q.
1. Blyth Creek Sediment Catchment Basin E
Bothell $64,022 Replacement-Ph.III Construction, 2. Parr L.
1.Construct an improved sediment catchment basin system in Blyth Park to address ongoing sediment deposition. 2. Remove invasive reed canarygrass,old beaver dams,and replant stream banks to d
Creek Invasive Removal and Replanting address ongoing sediment deposition and flooding of surrounding business park. M
Burien $77,580 DEFERRING 3
Carnation $10,000 DEFERRING E
Clyde Hill $28,910 Comprehensive Stormwater Plan Update Update the Comprehensive Stormwater Plan for Clyde Hill. L
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Covington $32,154 DEFERRING
Des Moines $44,642 DEFERRING
Duvall $15,894 DEFERRING N
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Boise Creek Restoration at Enumclaw Golf Restore Boise Creek at the Enumclaw Golf Course to its historic channel to provide both improved salmonid spawning/riparian habitat and eliminate routine seasonal flooding which damages the course. L.
Enumclaw $19,961 +'
Course This will add more funds to the existing project. CO)
Federal Way $123,096 DEFERRING to
Hunts Point $11,477 2023 Stormwater Annual Clean&Camera 2023 Stormwater Annual Clean&Camera Activities for 3614 to 4053 Hunts Point Road (-1,750LF of pipe) N
Issaquah $112,569 DEFERRING E
Kenmore $51,661 DEFERRING
Kent $225,308 James Street Storm Drainage Improvement Due to seasonal flooding from Mill Creek,an additional inlet and conveyance system will be installed to move flooded waters from James Street to the Jame Street Stormwater Pump Station. ~
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1. Natural Drainage Flood Program 2.Flood v
King County $509,186 Hazard Management Planning 3.Shinglemill 1. Address flood/sediment problems that arise in the County 2.Conduct technical analyses,risk assessments,stakeholder engagement,and develop a draft flood hazard management plan;may include
Creek Beaver Dam Analogs work on the EIS 3. Complete fatal flaw/feasibility analysis of constructing beaver dam analogs to reduce stream flashiness and improve summer flows for Shinglemill Creek on Vashon Island. N
1.Juanita/High Woodlands Stormwater Retrofit V
Kirkland $311,086 Planning 2.North Rose Hill Infiltration Wells 3. O
100th Ave NE Water Quality Treatment 4. 1.Conduct planning for stormwater retrofit facilities in the High Woodlands portion of the Juanita Creek Watershed. 2.Construct water quality treatment followed by infiltration wells on NE 111th Place L
83rd/110th Intersection Flood Reduction a
east of 127th Ave NE. 3.Add water quality treatment near intersection of Simonds Rd and 100th Ave NE. 4. Fix flooding by replacing about 320 lineal feet of existing undersized stormwater pipe.
Lake Forest Park $34,006 DEFERRING
Maple Valley $48,162 DEFERRING to
Medina $44,316 DEFERRING G
Mercer Island $143,302 Luther Burbank Waterfront Drainage LID a+
Construction Construct an LID system for surface&subsurface water at the Luther Burbank waterfront in coordination with recreational improvements planned for the site. tp
Milton $10,000 Stormwater Action Plan Step III Develop a Stormwater Management Action Plan V
Newcastle $39,387 DEFERRING
Normand Park $18,362 DEFERRING aI
North Bend $19,911 DEFERRING
Pacific $10,000 DEFERRING Q
Redmond $249,097 Evans Creek Relocation Relocate Reach 2 of Evans Creek out of an industrial area and into adjacent floodplain wetlands. N
Renton $200,157 Panther Creek Barrier Removal-Talbot Road Replace a deteriorated 42-inch corrugated metal pipe under Talbot Road S with a fish passable culvert to reduce
the flood risk due to accumulating debris at the culvert inlet and restore fish passage. M
Sammamish $199,764 DEFERRING N
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SeaTac $42,075 DEFERRING NI
1.Broadview 12th Ave NW Drainage
Seattle $2,255,356 Improvements 2.North Thornton Natural 1. Amendment to add budget to implement drainage improvements to address the highest priority areas of surface water flooding in the west branch of Mohlendorph basin. 2. Install green K
Drainage System stormwater infrastructure,conveyance improvements,and stormwater controls to build new storm water infrastructure,and improve water quality in the northern reach of Thornton creek. :a
Shoreline $114,674 DEFERRING C
Sk komish $10,000 DEFERRING d
Sno ualmie $31,260 DEFERRING Q.
Tukwila $64,358 S.131st Place Drainage Improvements IThis will add additional funds to an existing project to design drainage improvements to S.131st Place to keep Southgate Creek within its banks during storm events. aI
Woodinville $41,940 DEFERRING I -a
Yarrow Point $13,652 2023 Stormwater Annual Clean&Camera 12U23 Stormwater Annual Clean&Camera Activities for NE 37th St,NE 37th Place,NE 40th St,NE 41 st St,NE 42nd St,and 91st Ave NE(-6,000LF of pipe) r0)
Jurisdiction Totals $6,023,426 Q-
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Deferrals 1,247,681 Q
Projects 4,775,745
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4.E
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: March 20, 2023
TO: Public Works Committee
SUBJECT: INFO ONLY: Solid Waste Rate Charge
SUMMARY: Residents and businesses will see a rate increase on their garbage
bills starting April 1, 2023. In accordance with the City's solid waste contract,
authorized in 2015 and amended in 2019, the rates are adjusted annually for
inflation, based on three standardized Department of Labor price indices for the
Puget Sound region.
Single-family customers will see the following rate change per month (before taxes
and fees):
Service Level Current April 1, 2023
13-gallon $ 6.62 $ 7.00
20-gallon $13.21 $13.98
32-gallon $21.94 $23.24
45-gallon $31.75 $33.66
64-gallon $47.92 $50.88
96-gallon $71.87 $76.29
The solid waste contract also authorizes Republic Services to charge a Recycle
Processing Fee to each residential, multifamily, and cart-based commercial
customer. This fee is adjusted each year and is dependent on commodity values.
Residential customers currently pay $0.63 per month and multifamily and cart-
based commercial customers pay $2.08 per cubic yard of garbage service.
Beginning April 1, 2023, the new rates will lower to $0.26 for residential customers
per month and $0.87 per cubic yard of garbage service per month for multifamily
and cart-based commercial customers.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Packet Pg. 75
4.F
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: March 20, 2023
TO: Public Works Committee
SUBJECT: INFO ONLY: 2024-2029 Transportation Improvement
Program Proposed Project Changes
SUMMARY: The Kent Transportation Improvement Program (TIP) represents the
City's proposed transportation improvement work program for the next six years.
Updated annually, as required by State code, the six-year plan includes projects
and programs of regional significance for inclusion in the TIP and the Statewide
Transportation Improvement Program (STIP). The TIP is required to be consistent
with the Kent Transportation Master Plan (TMP) as an element of the City's
Comprehensive Plan, and it includes projects directly from the TMP or added at the
request of other agencies to communicate potential changes to the transportation
network.
Including projects in the TIP allows the City to coordinate with other agencies, seek
input from the public, search for funding partners, and apply for grants. Most State
and Federal agencies require that projects being submitted for grants be included in
the City's adopted TIP. The staff presentation will note completed projects proposed
to be removed from the TIP, and provide context and considerations for this year's
update, including grants.
Staff will also demonstrate the City's TIP StoryMap used for public engagement and
feedback, which includes the proposed projects and plans to be added for the 2024-
2029 period.
The TIP StoryMap:
<https://storymaps.arcgis.com/stories/38f7ff964eeb48bl9288e2l74af24014>
State law requires that the City hold a public hearing before adopting the TIP. This
public hearing will be held on May 16, 2023, at the regularly scheduled City Council
meeting.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Packet Pg. 76
4.F
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 77