HomeMy WebLinkAboutCAG2023-244 - Original - King County - Regional Trails Enhancements 6328753 - 04/12/2023 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr: �✓
Agreement Routing Form DirAsst: �2z_
For Approvals,Signatures and Records Management Dir/Dep: $1L
K E N T This form combines&replaces the Request for Mayor's Signature and Contract Cover BL
(Optional)
W A 5 H I N G T o N Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
KateLynn Jennings for Bryan Higgins Parks, Recreation & Community Services
Date Sent: Date Required:
� 3/16/2023 Soonest possible please
O
C. Authorized to Sign: Date of Council Approval:
a W]Mayor or Designee 3/7/2023
Budqet Account Number: Grant? YesWl NoEl
P20019
Budget?W]Yes ONO Type: Local
Vendor Name: Category:
King County Grant: Non-Real Property
Vendor Number: Sub-Category:
C 886584 Original
O
'� Project Name: Regional Trails Enhancements
A. Project Details: Replace and improve informational and wayfinding signage on Kent Regional Trails,including the Green River
O Trail. The trail junction at the intersection of the PSE and Green River Trails will be improved with amenities for
`— trail users.
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i+
C
O Basis for Selection of Contractor:
Agreement Amount: $206,437 Other
E *Memo to Mayor must be attached
Start Date: Upon Signature Termination Date: 11/30/2025
cm
Q Local Business? Yes W]No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: Yes❑In-Process❑Exempt(KCC 5.01.045) Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
E]YeswINo CAG2023-244
Comments:
King County will route agreement to Mayor via Docusign
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Date Received:City Attorney: 3/23/23 Date Routed:Mayor's Office 3/27/23 City Clerk's Office 4/13/23
adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
DocuSign Envelope ID: B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
King County
PARKS CAPITAL AND OPEN SPACE PROGRAM
CAPITAL PROJECT GRANT AGREEMENT
Department/Division: Natural Resources and Parks / Parks and Recreation
Grant Recipient: City of Kent
Project: Regional Trails Enhancements
Award Amount: $206,437.00 Project#: 1144509 Contract#: 6328753
Term Period: 4/12/2023 1 9:48 AM PDT To November 30,2025
THIS AGREEMENT is a grant agreement entered into between City of Kent(the "Grant
Recipient") and King County(the "County") (collectively the "Parties") for an active recreation,
passive recreation, local trail, or other capital project in a park or recreational facility using a
Parks Capital and Open Space Program grant.
RECITALS
A. Ordinance 18890, which took effect May 13, 2019, called for a special election to
authorize the King County parks, recreation trails and open space levy. On August 6,
2019, King County voters approved the levy, which included funding for capital projects
for active and passive recreation, local trails, or capital projects in parks and recreation
facilities in order to construct new and improve existing recreation facilities to address
the pressures of rapid growth in King County.
B. Motion 15378, Section A.I., and Attachment A, further delineated the use of levy funds
for the Parks Capital and Open Space Grants Program and the guidelines governing that
use.
C. Ordinance 19166, Attachment A established the grant award criteria and the process for
the distribution of Parks Capital and Open Space Grants as well as the proposed
composition of an advisory committee to review and make recommendations on the grant
awards.
D. King County, a home rule charter county and political subdivision of the State of
Washington, is authorized to administer the Parks Capital and Open Space Grant
Program and enter into agreements for the use of the grant funds with King County
towns, cities, or metropolitan parks districts for capital projects for active and passive
recreation, local trails, or capital projects in parks and recreation facilities.
DocuSign Envelope ID: B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
E. Grant Recipient is a City.
F. The Parks Capital and Open Space Grant Program Advisory Committee has
recommended an allocation of levy grant funds to specific projects, pursuant to
Ordinance 19433.
G. King County has selected Grant Recipient to receive a Parks Capital and
Open Space Grant award in the amount of$206,437.00 ("Grant Award
Funds") in order to design, develop, construct, improve, or repair the
Project described below and in the attached exhibits.
NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth
in this Agreement, the Parties agree as follows:
GRANT AWARD TERMS AND CONDITIONS
1. DEFINITIONS
1.1 Project.
The term"Project"means the design, development and construction of the Facility
described in Exhibit A. Grant Award Funds available pursuant to this Agreement may
only be used for the Project. To complete the Project, Grant Recipient shall use the Grant
Award Funds to design, develop, and construct the Facility, as set forth in Exhibit B,
consistent with the requirements set forth in this Agreement and in the following attached
exhibits, which are incorporated herein by reference:
® Map of Facility and Location Attached hereto as Exhibit A
® Scope of Work Attached hereto as Exhibit B
® Project Budget Attached hereto as Exhibit C
® Insurance Requirements Attached hereto as Exhibit D
® Notice of Grant Attached hereto as Exhibit E
1.2 Map of Facility and Location. This Agreement applies to the Project to improve the
park and recreational facility("Facility") which is located at:
25900 74th AVE S, KENT,WA. 98032
See Exhibit A for a depiction of the Facility and a map of specific Facility location and
boundaries.
1.3 Scope of Work. Grant Recipient shall provide a scope of work ("Scope of Work"),
attached hereto as Exhibit B, which describes the Project in detail and includes a
description of the various design, development, permitting, and construction
milestones required for completion of the Project and intended use of the Grant
DocuSign Envelope ID: B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
Award Funds. Grant Recipient shall apply the funds received from the County for
the Project under this Agreement in accordance with the Scope of Work, attached
hereto as Exhibit B.
1.4 Project Budget. Grant Recipient shall work with King County to develop a Project
Budget, attached hereto as Exhibit C. King County shall provide the Grant Award
Funds to the Grant Recipient to pay for costs and expenditures related to the
Project, as set forth in Exhibits B and C. Grant Award Funds provided to Grant
Recipient may only be used to pay for costs and expenditures related to the Project,
as set forth in Exhibits B and C.
1.5 Contractor. Contractor shall include any contractor or consultant hired by Grant
Recipient, including any of the contractor's or consultant's subcontractors or
subconsultants.
2. EFFECTIVE DATE
The Agreement shall be effective upon signature by both Parties ("Effective Date").
3. TERM
The term ("Term") of this Agreement shall begin on the Effective Date and end on
November 30,2025. This Agreement shall remain in effect until such time as it is amended
in writing or terminated as provided herein.
4. AMENDMENTS
This Agreement together with the attached exhibits expressly incorporated herein by
reference and attached hereto shall constitute the whole Agreement between the Parties.
This Agreement may be amended only by an instrument, in writing, duly executed by the
Parties.Either party may request changes to this Agreement,however,changes that deviate
substantially from the proposal submitted to and approved by the Advisory Committee and
the King County Council will need to be approved by those entities.
5. NOTICES
Unless otherwise specified in the Agreement, all notices or documentation required or
provided pursuant to this Agreement shall be in electronic form and shall be deemed duly
given when received at the addresses first set forth below via electronic mail.
KING COUNTY City of Kent
Rusty Milholland Bryan Higgins
Program Manager, Community
Investments Parks Capital Project Manager
King County Parks City of Kent
201 S Jackson Street Suite#5702 220 4th Ave. S
Seattle, WA 98104 Kent, WA. 98032
206-848-0299 253-856-5113
rihholland@kingcounty.gov bhiggins@kentwa.gov
Either Party hereto may, at any time,by giving ten (10) days written notice to the other
Party to designate any other address in substitution of the foregoing address to which
DocuSign Envelope ID: B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
such notice or communication shall be given.
6. DISBURSEMENT OF GRANT FUNDS
6.1 The County may authorize, at County's sole discretion, release of a portion of the
Grant Award Funds to Grant Recipient, upon execution of this Agreement, and
receipt of Grant Recipient's County-approved completed Scope of Work and
Project Budget(see Section 1 and Exhibits B and Q.
6.2 The County shall initiate authorization for payment and disbursement of Grant
Award Funds after approval of sufficiently detailed Project-related invoices
submitted by Grant Recipient. The County shall make payment to Grant
Recipient not more than thirty(30) days after a complete and accurate invoice and
any other required documentation is received and approved.
6.3 Grant Recipient shall submit the final invoice, supporting documentation and any
outstanding deliverables, as specified in the Scope of Work (Exhibit B) and
Project Budget (Exhibit C), within thirty(30) days of the date this Agreement
expires or is terminated. If the Grant Recipient's final invoice, supporting
documentation and reports are not submitted by the day specified in this
subsection, the County will be relieved of all liability for payment to Grant
Recipient of the amounts set forth in said invoice or any subsequent invoice.
7. GRANT REPORTING
All Grant Award Funds received pursuant to this Agreement and accrued interest
therefrom will be accounted for separately from all other Grant Recipient accounts and
moneys. Until the Project is completed, and all proceeds provided pursuant to this
Agreement have been expended, the Grant Recipient shall provide reports to the King
County Project Manager on a schedule determined by the County.
8. COMPLETION OF THE PROJECT
Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A, B
and C of this Agreement. If Grant Recipient cannot complete the Project, as specified by
the Scope of Work and deliverables set forth in Exhibit B, the County shall be released
from any obligation to fund the Project, and the County in its sole discretion may
reallocate such funds for other projects in other jurisdictions.
Pursuant to Section 19, Termination, this Agreement will be terminated if the Grant
Recipient is unable or unwilling to expend the Grant Award Funds for the Project as
provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds
for a purpose other than completion of the Project as approved by the Advisory
Committee and King County Council.
9. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION
Grant Recipient shall recognize County as a"grant sponsor" for the Project in the
following manner:
9.1 Events: Grant Recipient shall invite and recognize "King County Parks" at all
events promoting the Project, and at the final Project dedication.
9.2 Community Relations: Grant Recipient shall recognize "King County Parks" as a
DocuSign Envelope ID: B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
"grant sponsor" in all social media, websites, brochures, banners,posters,press
releases, and other promotional material related to the Project.
9.3 King County Parks Notification: Grant Recipient shall notify the King County
Parks Project Manager 30 days prior to any major milestone, such as a
groundbreaking or opening dates.
9.4 King County Council Notification: If Grant Recipient is a city or town
notification to the King County Council 30 days prior to any major milestone,
such as a groundbreaking or opening dates is, required.
9.5 Signage: Grant Recipient shall recognize "King County Parks" on any signage as
a fonder/contributor of project/facility. Grant Recipient is required to use
appropriate King County logo on any signage and communications.
10. DISPOSITION OF REMAINING GRANT AWARD FUNDS
If Grant Recipient does not expend all proceeds obligated to be provided through this
Agreement, such proceeds,if held by Grant Recipient, shall be refunded to the County. For
purposes of this section, "proceeds" shall include all Grant Award Funds obligated to be
provided by the County plus interest accrued by Grant Recipient on the grant funds. Any
proceeds in excess of those required to be provided by the County for the actual costs of
the Project shall remain with the County for use in its sole discretion.
11. PUBLIC ACCESS
The Grant Award is provided to Grant Recipient for the Project for the purpose of land
protection and recreation for the citizens of King County. Therefore, Grant Recipient and
any successor in interest agree to maintain the Facility for public use as required by
Ordinances 18890 and 19166, and the Parks Capital and Open Space Grant program
requirements specified in Moton 15378. The Facility shall be open and accessible to the
public at reasonable hours and times. Grant Recipient shall notify the public of the
availability of use by posting and updating that information on its website and by
maintaining at entrances and/or other locations openly visible signs with such
information. Fees for use of the Facility shall be no greater than those generally charged
by public operators of similar facilities in King County.
Notwithstanding temporary closure for required maintenance or repairs, the minimum
period of time Grant Recipient must ensure the Project is available for public use is thirty
(30) years. If the Facility is retired or otherwise removed from use before the end of the
thirty-year period, then the Grant Recipient shall reimburse the Grant Award Funds to
King County. Grant Recipient's duties under this Section 11 will survive the
expiration or earlier termination of this Agreement.
12. NOTICE OF GRANT
Upon completion of construction of the Facility, Grant Recipient shall record the
executed Notice of Grant, attached hereto as Exhibit E.
13. CONSTRUCTION OF THE FACILITY
DocuSign Envelope ID: B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
13.1 Capital Improvements.
Grant Recipient shall design, develop, and construct mutually agreed upon
Facility, features, and amenities in accordance with all applicable design(s),
timelines, restrictions, environmental considerations,permitting determinations,
neighborhood impact mitigations, and all other requirements in coordination with
King County Parks staff. All contracted work by Grant Recipient, its agents,
representatives, or subcontractors, shall be bonded and properly insured to ensure
the complete and safe design and construction of all facilities, features, and
amenities. As between Grant Recipient and King County, Grant Recipient will be
solely responsible to comply with all applicable authorities and to obtain all
necessary permits, approvals, and endorsements for the Project.
13.2 Warranties.
With respect to all warranties, express or implied, for work performed or
materials supplied in connection with the Project, Grant Recipient shall:
• Obtain all warranties, express or implied, that would be given in normal
commercial practice from suppliers, manufacturers, contractors or installers;
• Require all warranties be executed, in writing;
• Be responsible to enforce any warranty of a contractor, subcontractor,
manufacturer, or supplier.
If, within an applicable warranty period, any part of the Facility or work
performed to construct the Facility is found not to conform to specifications,
permit requirements, or industry standard, Grant Recipient shall correct it
promptly.
13.3 Right to Inspect- Construction.
King County personnel or agents may inspect the construction project at any time
provided that such persons observe due regard for workplace safety and security.
King County may require Grant Recipient or its contractors to stop work if King
County deems work stoppage necessary to remedy construction defects or to
address risks to health, safety, or welfare. Grant Recipient specifically
understands, acknowledges, and agrees that at a minimum, King County will
inspect the Facility construction project before final completion of the Project.
13.4 Design.
Grant Recipient has retained a licensed architect and/or licensed professional
engineer, registered in the State of Washington, who will prepare a Project design
for the Facility and exterior landscaping,which visually blends with the setting.
King County shall review the design plans for the Project in concept and reserves
the right to approve the final design of the Project, consistent with established
zoning, design code, or both.
13.5 Construction Site/Work Fencing.
Grant Recipient will be solely responsible for the site work, required permits, and
grading for the Project. Grant Recipient will ensure the work area is properly
DocuSign Envelope ID: B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
barricaded, and will ensure that signage is installed, directing unauthorized persons not
to enter onto the construction site during any phase of development or construction.
Unless otherwise agreed by the Parties in writing, fencing will be placed around work
areas. In addition, construction areas will be kept clean and organized during
development periods. Grant Recipient will be responsible for site security, traffic, and
pedestrian warnings at the site during the development and construction phases.
13.6 Alteration of Site or Facility after Construction.
After the Facility is completed and accepted by Grant Recipient and King County as
defined herein, Grant Recipient will not make any material alteration to the Facility,
outside of maintenance without express,written consent by King County. King
County's consent shall not be unreasonably withheld.
13.7 Development and Construction Fees and Expenses.
Grant Recipient will be responsible to obtain and pay for all necessary permits, fees,
and expenses associated with the Project.
13.8 Public Works Laws.
To the extent applicable, Grant Recipient will comply with all public works laws,
regulations, and ordinances, including but not limited to those related to prevailing
wages (see RCW 39.12), retainage (see RCW 60.28),bonding(see RCW 39.08), use of
licensed contractors (see RCW 39.06), and competitive bidding(see RCW 36.32 and
RCW 35.21.278). Grant Recipient will indemnify and defend King County should it be
sued or made the subject of an administrative investigation or hearing for a violation of
such laws, regulations, and ordinances in connection with the improvements.
13.9 Contractor Indemnification and Hold Harmless.
Grant Recipient will require its construction contractors and subcontractors to defend,
indemnify, and hold King County, its officers, officials, employees, and volunteers
harmless from any and all claims, injuries, damages, losses, or suits including attorney's
fees and costs, arising out of or in connection with the design, development, and
construction of the Facility(hereinafter "Design and Construction Phase"), except for
injuries and damages caused by the negligence of King County.
13.1Minimum Scope and Limits of Insurance.
Grant Recipient shall maintain, and/or require its Contractor(s)to maintain the
minimum scope and limits of insurance as required in Exhibit D—Insurance
Requirements.
14. INTERNAL CONTROL AND ACCOUNTING SYSTEM
Grant Recipient shall establish and maintain a system of accounting and internal controls
which complies with applicable, generally accepted accounting principles, and
governmental accounting and financial reporting standards in accordance with Revised
Code of Washington(RCW) Chapter 40.14.
DocuSign Envelope ID: B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
15. MAINTENANCE OF RECORDS
15.1 Grant Recipient shall maintain accounts and records, including personnel, property,
financial, Project records, including Agreement deliverables, and other such records
as may be deemed necessary by the County to ensure proper accounting for all Grant
Award Funds and compliance with this Agreement.
15.2 These records shall be maintained for a period of six (6) years after the expiration or
earlier termination of this Agreement unless permission to destroy them is granted by
the Office of the Archivist in accordance with RCW Chapter 40.14.
15.3 Grant Recipient shall inform the County in writing of the location, if different from
the Grant Recipient address listed in Section 5 of this Agreement of the aforesaid
books, records, documents, and other evidence and shall notify the County in writing
of any changes in location within ten (10)working days of any such relocation.
16. RIGHT TO INSPECT
King County reserves the right to review and approve the performance of Grant Recipient
with regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant
Recipient's records regarding this Agreement and the Project upon seventy-two(72)hours'
notice during normal business hours.
17. COMPLIANCE WITH ALL LAWS AND REGULATIONS
Grant Recipient shall comply with all applicable laws, ordinances and regulations in
using funds provided by the County, including, without limitation,those relating to
providing a safe working environment to employees and, specifically, the requirements of
the Washington Industrial Safety and Health Act (WISHA); and, to the extent applicable,
those related to "public works,"payment of prevailing wages, and competitive bidding of
contracts. The Grant Recipient specifically agrees to comply and pay all costs associated
with achieving such compliance without notice from King County; and further agrees that
King County, does not waive this Section by giving notice of demand for compliance in
any instance. The Grant Recipient shall indemnify and defend the County should it be
sued or made the subject of an administrative investigation or hearing for a violation of
such laws related to this Agreement.
18. CORRECTIVE ACTION
18.1 If the County determines that a breach of contract has occurred or does not
approve of the Grant Recipient's performance, it will give the Grant Recipient
written notification of unacceptable performance. Grant Recipient will then take
corrective action within a reasonable period of time, as may be defined by King
County in its sole discretion in its written notification to Grant Recipient.
18.2 King County may withhold any payment owed Grant Recipient until the County
is satisfied that corrective action has been taken or completed.
19. TERMINATION
19.1 King County may terminate this Agreement in whole or in part, with or without
cause, at any time during the Term of this Agreement, by providing Grant
Recipient ten (10) days advance written notice of the termination.
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19.2 If the termination results from acts or omissions of Grant Recipient, including but
not limited to misappropriation, nonperformance of required services, or fiscal
mismanagement, Grant Recipient shall return to the County immediately any
funds, misappropriated or unexpended, which have been paid to Grant Recipient
by the County.
19.3 Any King County obligations under this Agreement beyond the current
appropriation biennium are conditioned upon the County Council's appropriation
of sufficient funds to support such obligations. If the Council does not approve
such appropriation, then this Agreement will terminate automatically at the close
of the current appropriation biennium.
19.4 The Agreement will be terminated if the Grant Recipient is unable or unwilling to
expend the Grant Award Funds as specified in Section 1 and Exhibits B and C, or
upon reimbursement by the Grant Recipient to the County of all unexpended
proceeds provided by the County pursuant to this Agreement and payment of all
amounts due pursuant to Section 6.
20. FUTURE SUPPORT; UTILITIES AND SERVICE
The County makes no commitment to support the services contracted for herein and
assumes no obligation for future support of the activity contracted for herein except as
expressly set forth in this Agreement. Grant Recipient understands, acknowledges, and
agrees that the County shall not be liable to pay for or to provide any utilities or services
in connection with the Project contemplated herein.
21. HOLD HARMLESS AND INDEMNIFICATION
Grant Recipient shall protect, indemnify, and save harmless the County, its officers,
agents, and employees from and against any and all claims, costs, and/or losses
whatsoever occurring or resulting from (1) Grant Recipient's failure to pay any such
compensation, wages, benefits, or taxes, and/or(2) work, services, materials, or supplies
performed or provided by Grant Recipient's employees or other suppliers in connection
with or support of the performance of this Agreement.
Grant Recipient further agrees that it is financially responsible for and will repay the
County all indicated amounts following an audit exception which occurs due to the
negligence, intentional act, and/or failure, for any reason, to comply with the terms of this
Agreement by the Grant Recipient, its officers, employees, agents, representatives, or
subcontractors. This duty to repay the County shall not be diminished or extinguished by
the expiration or prior termination of the Agreement.
Grant Recipient agrees for itself, its successors, and assigns, to defend, indemnify, and
hold harmless King County, its appointed and elected officials, and employees from and
against liability for all claims, demands, suits, and judgments, including costs of defense
thereof, for injury to persons, death, or property damage which is caused by, arises out of,
or is incidental to any use of or occurrence on the Project that is the subject of this
Agreement, or Grant Recipient's exercise of rights and privileges granted by this
Agreement, except to the extent of the County's sole negligence. Grant Recipient's
obligations under this Section shall include:
A. The duty to promptly accept tender of defense and provide defense to the County at
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the Grant Recipient's own expense;
B. Indemnification of claims made by Grant Recipient's employees or agents; and
C. Waiver of Grant Recipient's immunity under the industrial insurance provisions of
Title 51 RCW, but only to the extent necessary to indemnify King County, which
waiver has been mutually negotiated by the parties.
In the event it is necessary for the County to incur attorney's fees, legal expenses or other
costs to enforce the provisions of this Section, all such fees, expenses and costs shall be
recoverable from the Grant Recipient.
In the event it is determined that RCW 4.24.115 applies to this Agreement, the Grant
Recipient agrees to protect, defend, indemnify and save the County, its officers, officials,
employees and agents from any and all claims, demands, suits,penalties, losses damages
judgments, or costs of any kind whatsoever for bodily injury to persons or damage to
property(hereinafter "claims"), arising out of or in any way resulting from the Grant
Recipient's officers, employees, agents and/or subcontractors of all tiers, acts or
omissions,performance of failure to perform the rights and privileges granted under this
Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as
now enacted or hereafter amended.
A hold harmless provision to protect King County similar to this provision shall be
included in all Agreements or subcontractor Agreements entered into by Grant Recipient
in conjunction with this Agreement. Grant Recipient's duties under this Section 21
will survive the expiration or earlier termination of this Agreement.
22. NONDISCRIMINATION
King County Code ("KCC") chapters 12.16 through 12.19 apply to this Agreement and
are incorporated by this reference as if fully set forth herein. In all hiring or employment
made possible or resulting from this Agreement, there shall be no discrimination against
any employee or applicant for employment because of sex, race, color, marital status,
national origin, religious affiliation, disability, sexual orientation, gender identity or
expression or age except minimum age and retirement provisions, unless based upon a
bona fide occupational qualification.
23. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials,property, or services provided directly or indirectly under
this Agreement shall be used for any partisan political activity or to further the election or
defeat of any candidate for public office.
24. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND
OWNERSHIP
A. As between the County and Grant Recipient, Grant Recipient shall be responsible to
operate and maintain the completed Project at its own sole expense and risk. Grant
Recipient shall maintain the completed Project in good working condition consistent with
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applicable standards and guidelines. Grant Recipient understands, acknowledges, and
agrees that the County is not responsible to operate or to maintain the Project in any way.
B. Grant Recipient shall be responsible for all property purchased pursuant to this
Agreement, including the proper care and maintenance of any equipment.
C. Grant Recipient shall establish and maintain inventory records and transaction
documents (purchase requisitions, packing slips, invoices, receipts) of equipment and
materials purchased with Grant Award Funds.
Grant Recipient's duties under this Section 24 shall survive the expiration of this Agreement.
25. ASSIGNMENT
Grant Recipient shall not assign any portion of rights and obligations under this
Agreement or transfer or assign any claim arising pursuant to this Agreement without the
written consent of the County. Grant Recipient must seek such consent in writing not
less than fifteen(15) days prior to the date of any proposed assignment.
26. WAIVER OF BREACH OR DEFAULT
Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver
of any subsequent breach and shall not be construed to be a modification of the terms of
the Agreement unless stated to be such through written approval by the County, which
shall be attached to the original Agreement. Waiver of any default shall not be deemed to
be a waiver of any subsequent defaults.
27. TAXES
Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its
activities and property, including, without limitation, any leasehold excise tax due under
RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify
the right of the Grant Recipient to contest any such tax, and Grant Recipient shall not be
deemed to be in default as long as it will,in good faith,be contesting the validity or amount
of any such taxes.
28. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT
This Agreement is made in and will be in accordance with the laws of the State of
Washington, which will be controlling in any dispute that arises hereunder. Actions
pertaining to this Agreement will be brought in King County Superior Court, King
County, Washington.
29. PUBLIC DOCUMENT
This Agreement will be considered a public document and will be available for inspection
and copying by the public.
30. LEGAL RELATIONS
Nothing contained herein will make, or be deemed to make, County and Grant Recipient a
partner of one another, and this Agreement will not be construed as creating a partnership
or joint venture. Nothing in this Agreement will create, or be deemed to create, any right,
duty or obligation in any person or entity not a party to it.
31. PERMITS AND LICENSES
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Grant Recipient shall develop and run the Project in accordance with all applicable laws
and regulatory requirements including environmental considerations, permitting
determinations, and other legal requirements. All activities and improvements shall be
performed by Grant Recipient at its sole expense and liability. Grant Recipient shall, at
its sole cost and expense,apply for,obtain and comply with all necessary permits,licenses
and approvals required for the Project.
32. INTERPRETATION OF COUNTY RULES AND REGULATIONS
If there is any question regarding the interpretation of any County rule or regulation, the
County decision will govern and will be binding upon the Grant Recipient.
33. ENTIRE AGREEMENT
This Agreement, including its attachments, constitutes the entire Agreement between the
County and Grant Recipient. It supersedes all other agreements and understandings
between them, whether written, oral or otherwise.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the first date
written.
City of Kent King County
DocuSigne/d�by(/�: 7� DocuSigned by:
By o y
MA ' 1 L 13
... D7XIIffE3E _..
Title Mayor Title Director, King county Parks & Recreation
Date 4/11/2023 1 3:22 PM PDT Date 4/12/2023 1 9:48 AM PDT
DocuSign Envelope ID: B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
EXHIBIT A-MAP OF FACILITY AND LOCATON
Number Proposed Proposed
S„ta
I Location Amenities
1 'Briscoe Park Park
Furnishings,
1,
Signage
2 Three Friends Kiosk, Park
Fishing Hole Furnishings j
~'^-•� = Frager Road Kiosk, Park
Bridge Furnishings,
- Signage,
Drinking
= Fountain
4 68th Ave S Kiosk
Parking Lot
,M.;n• 5 Russell Kiosk, Park
Woods Park Furnishings,
Signage
6 Neely/ Park
Soames Furnishings,
Homestead Signage
7 Meeker Kiosk,
Street Signage
" Parking Lot
- 8 Ethos Park
Apartments Furnishings,
Signage
S It t- 6 Ih.ti.
4 Yrw.rl G
atlr:r- 'e 1 tntw•>;• F Y r ••f_Mm
ny.r1 e F <
'r .o
'R '.5'Swi •14 F•B�tMy, Q
«I.Mnr
Kent
7 ttir 1\.
r
y .. E,tKwoM
i 1 �
r..tia, I
tw
.� Y
= KENT
.1.1;
Cuunty of Kwlg.Buteau Qf tatx!Mar agement Es+t Canaddk lsrt HERE _
Gmmir%INCREMENt P,ItHelm,p.USG&#APnMASA IPA USDA
0 0.5 1 2 Miles
DocuSign Envelope ID:B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
EXHIBIT B —SCOPE OF WORK
King County
p
Your Big Backyard
Levy Grant
Capital and Open Space Grants
Scope of Services
The City of Kent will replace and improve informational and wayfinding signage on Kent
Regional Trails, including the Green River Trail. The trail junction at the intersection of the PSE
and Green River Trails will be improved with amenities for trail users.
Activities/Milestones Estimated
Completion Deliverables
Date
1 Installation of trail kiosks May 2025 Final Report
2 Installation of way finding signage May 2025
Installation of park furnishings/benches and trash
3 cans May 2025
Development of new junction at Green River and
4 PSE trail May 2025
DocuSign Envelope ID:B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
EXHIBIT C —PROJECT BUDGET
Organization and Project Name: City of Kent- Regional Trails Enhancements
Project Tasks Project Costs Grant
Request
Planning / Design / Permits
Planning support $10,000
Construction / Installation / Materials
Kiosk Purchase and Install at 7 locations $175,000 $87,500
Purchase and install way finding signage $50,000 $25,000
Purchase and Install Park Furnishings / Benches $75,000 $37,500
and Trash Cans
New trail junction at Green River and PSE trail. $75,000 $37,500
Other
Contingency
Tax $37,875 $18,937
Project Management (Max 15% of grant)
TOTALS $422,875 $206,437
DocuSign Envelope ID: B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
EXHIBIT D -INSURANCE REQUIREMENTS
1. Insurance Requirements
1.1. Grant Recipient shall purchase and maintain, at its sole cost and expense, the minimum
insurance set forth below. By requiring such minimum insurance, the County does not
and shall not be deemed or construed to have assessed the risks that may be applicable to
Grant Recipient, or any Contractor under this Agreement, or in any way limit the
County's potential recovery to insurance limits required hereunder. To the contrary, this
Agreement's insurance requirements may not in any way be construed as limiting any
potential liability to the County or the County's potential recovery from Grant Recipient.
Grant Recipient and any Contractor shall assess their own risks and if they deem
appropriate and/or prudent, maintain greater limits and/or broader coverage.
1.2. Nothing contained within these insurance requirements shall be deemed to limit the
scope, application and/or limits of the coverage afforded, which coverage shall apply to
each insured to the full extent provided by the terms and conditions of the policy(s).
Nothing contained within this provision shall affect and/or alter the application of any
other provision contained within this Agreement.
1.3. Each insurance policy shall be written on an "occurrence"basis; excepting insurance for
Professional Liability(Errors and Omissions), and/or Pollution Liability, and/or Cyber
Liability(Technology Errors and Omissions). These coverages required by this
Agreement may be written on a"claims made"basis.
If coverage is approved and purchased on a"claims made"basis,the coverage provided
under that insurance shall be maintained through: (i) consecutive policy renewals for not
less than three (3) years from the date of completion of the Project which is subject of
this Agreement or, if such renewals are unavailable, (ii) the purchase of a tail/extended
reporting period for not less than three (3) years from the date of completion of the
Project which is the subject of this Agreement.
2. Evidence and Cancellation of Insurance
2.1. Upon execution of the Agreement, and within thirty(30) days of request by the County,
Grant Recipient shall furnish the County certificates of insurance and endorsements
certifying the issuance of all insurance required by this Agreement. All evidence of
insurance shall be signed by a properly authorized officer, agent, general agent, or
qualified representative to the insurer(s), shall certify the name of the insured(s), the type
and amount of insurance, the location and operations to which the insurance applies, the
inception and expiration dates, shall specify the form numbers of any endorsements
issued to satisfy this Agreement's insurance requirements, and shall state that the County
shall receive notice at least thirty(30) days prior to the effective date of any cancellation,
lapse, or material change in the policy(s). Similar documentation confirming renewal of
required insurance shall be provided on each insurance renewal date.
2.2. The County reserves the right to require complete, certified copies of all required
insurance policies, including all endorsements and riders, which may be redacted of any
DocuSign Envelope ID: B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
confidential or proprietary information. Grant Recipient shall deliver such policies to
the County within five (5)business days of County's request.
2.3. County's receipt or acceptance of Grant Recipient's or any Contractor's evidence of
insurance at any time without comment or objection, or County's failure to request
certified copies of such insurance, does not waive, alter, modify, or invalidate any of the
insurance requirements set forth in this Exhibit D or, consequently, constitute the
County's acceptance of the adequacy of Grant Recipient's or any Contractor's insurance
or preclude or prevent any action by County against Grant Recipient for breach of the
requirements of this section.
3. Minimum Scope and Limits of Insurance
3.1. Grant Recipient shall maintain the following types of insurance and minimum insurance
limits:
3.1.1. Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the
aggregate for bodily injury, personal and advertising injury, and property damage.
Coverage shall be at least as broad as that afforded under ISO form number CG 00
O1. Such insurance shall include coverage for, but not limited to premises liability,
products and completed operations, ongoing operations, and contractual liability.
Limits may be satisfied by a single primary limit or by a combination of separate
primary and umbrella or excess liability policies, provided that coverage under the
latter shall be at least as broad as that afforded under the primary policy and satisfy
all other requirements applicable to liability insurance including but not limited to
additional insured status for the County.
3.1.2. Workers Compensation: Workers Compensation coverage, as required by the
Industrial Insurance Act of the State of Washington, as well as any similar coverage
required for this Project by applicable Federal or"Other States" State Law.
3.1.3. Employers Liability or"Stop Gap" coverage: $1,000,000 each occurrence and
shall be at least as broad as the protection provided by the Workers Compensation
policy Part 2 (Employers Liability), or, in monopolistic states including but not
limited to Washington, the protection provided by the "Stop Gap" endorsement to
the commercial general liability policy.
3.1.4. U.S. Longshoreman and Harbor Workers Coverage (USL&H): If work will be
taking place on or adjacent to navigable water, as defined by the U.S. Department
of Labor, then Grant Recipient and/or its Contractor(s)must provide proof of
insurance coverage in compliance with the statutory requirements of Longshoreman
and Harbor Workers Compensation Act(administered by the U.S. Department of
Labor). USL&H Employers Liability insurance shall be maintained with limits no
less than $1,000,000 each occurrence.
4. Other Insurance Provisions and Requirements
DocuSign Envelope ID: B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
4.1. All insurance policies purchased and maintained by Grant Recipient and any Contractor
required in this Agreement shall contain, or be endorsed to contain the following
provisions:
4.1.1. With respect to all liability policies except Professional Liability(Errors and
Omissions) and Workers Compensation:
4.1.1.1. King County, its officials, employees and agents shall be covered as
additional insured for full coverage and policy limits as respects liability
arising out of activities performed by or on behalf of the Grant Recipient, its
agents, representatives, employees, or Contractor(s) in connection with this
Agreement. Additional Insured status shall include products-completed
operations CG 20 100 11/85 or its substantive equivalent. The County requires
the endorsement(s)to complete the Agreement.
4.1.2. With respect to all liability policies (except Workers Compensation):
4.1.2.1. Coverage shall be primary insurance as respects the County, its officials,
employees and agents. Any insurance and/or self-insurance maintained by the
County, its officials, employees or agents shall not contribute with any Grant
Recipient's, or Contractor(s) insurance or benefit the Grant Recipient, or any
Contractor, or their respective insurers in any way.
4.1.2.2. Insurance shall expressly state that it applies separately to each insured
and additional insured against whom a claim is made and/or lawsuit is brought,
except with respect to the limits of insurer's liability.
5. Waiver of Subrogation
5.1. Grant Recipient, its Contractor(s), and their respective insurance carriers release and
waive all rights of subrogation against King County, its officials, agents and employees
for damages caused by fire or other perils which can be insured by a property insurance
policy. This provision shall be valid and enforceable only to the extent permissible by
the applicable property insurance policies.
6. Deductibles/Self-Insured Retentions
6.1. Any deductible and/or self-insured retention of the policies shall not in any way limit the
County's right to coverage under the required insurance, or to Grant Recipient's, or any
Contractor's liability to the County, and shall in all instances be the sole responsibility of
Grant Recipient or its Contractor, even if no claim has been made or asserted against
them.
7. Acceptability of Insurers
7.1. Unless otherwise approved by the County, insurance is to be placed with insurers with
an A.M. Best rating of no less than A:VIII.
7.2. Professional Liability(Errors and Omissions) insurance may be placed with insurers
with an A.M. Best rating of no less than B+:VII.
7.3. If at any time any of the foregoing policies fail to meet the above stated requirements,
[Grant Recipient] shall, upon notice to that effect from the County,promptly obtain a
new policy, and shall submit the same to the County, with the appropriate certificates
and endorsements, for review.
DocuSign Envelope ID: B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
8. Self-Insurance
8.1. If the Grant Recipient is a governmental entity or municipal corporation, Grant Recipient
may maintain a fully funded self-insurance program or participate in an insurance pool
for the protection and handling of its liabilities including injuries to persons and damage
to property.
9. Contractors
9.1. Grant Recipient shall include all Contractors as insureds under its policies or,
alternatively, Grant Recipient must require each of its Contractors to procure and
maintain appropriate and reasonable insurance coverage and insurance limits to cover
each of the Contractor's liabilities given the scope of work and services being provided
herein. To the extent reasonably commercially available, insurance maintained by any
Contractor must comply with the specified requirements of this Exhibit D, including the
requirement that all liability insurance policies (except Professional Liability and
Workers Compensation)provided by the Contractor(s) must include the County, its
officials, agents and employees as additional insured for full coverage and policy limits.
Grant Recipient is obligated to require and verify that each Contractor(s) to maintain the
required insurance and ensure the County is included as additional insured. Upon
request by the County, and within five(5)business days, Grant Recipient must provide
evidence of each Contractor(s) insurance coverage, including endorsements.
10. Work Site Safety
10.1. Grant Recipient shall have the "right to control" and bear the sole responsibility
for the job site conditions, and job site safety. Grant Recipient shall comply with all
applicable federal, state and local safety regulations governing the job site, employees,
and Contractors.
DocuSign Envelope ID: B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
EXHIBIT E-NOTICE OF GRANT
Upon Recording Return To:
King County
Department of Natural Resources and Parks
Parks and Recreation Division
201 S Jackson Street, KSC-NR-5702
Seattle, WA 98104-3855
Document Title:
Reference No. of Related Document:
Legal Description:
Assessor's Parcel No.:
NOTICE OF GRANT
This Notice of Grant is effective as of the day of , 202_, and is made and
executed by the Parks Capital and Open Space Grant recipient, the City of Kent and King
County (the "County"), a political subdivision of the State of Washington.
The City is the owner of the in King County, State of Washington(the "Property"), legally
described and attached hereto in Exhibit A.
Pursuant to a Parks Capital and Open Space Grant Agreement, between the King County and the
City, dated ("Grant Agreement"), attached hereto as Exhibit B, the City has
constructed a Facility Improvement to the "Facility" on the Property for the purpose of providing
recreation for the public. A map of the Property and Facility is attached hereto as Exhibit C.
The City hereby agrees to be bound by the terms of the Grant Agreement including the
obligation to ensure public access to the Facility.
IN WITNESS WHEREOF, the City and King County have executed this Notice of Grant on the
date set forth above.
City of Kent KING COUNTY
By: By:
Name: Name:
Its: Its:
DocuSign Envelope ID: B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that
he/she was authorized to execute the instrument and acknowledged it as the of
the CITY OF KENT to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
Dated:
NOTARY PUBLIC
Print Name:
My Commission Expires:
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that
he/she was authorized to execute the instrument and acknowledged it as the of
KING COUNTY, a political subdivision of the State of Washington,to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
NOTARY PUBLIC
Print Name:
My Commission Expires:
DocuSign Envelope ID: B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
NOTICE OF GRANT EXHIBIT A-
LEGAL DESCRIPTION
DocuSign Envelope ID: B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
NOTICE OF GRANT EXHIBIT B-
GRANT AGREEMENT
DocuSign Envelope ID: B6A54704-7668-47E2-9637-3F2700DD3E74
City of Kent—Regional Trails Enhancements—6328753
NOTICE OF GRANT EXHIBIT C-
PROPERTY AND FACILITY MAP
DocuSign
Certificate Of Completion
Envelope Id: B6A54704766847E296373F270ODD3E74 Status:Completed
Subject:Complete with DocuSign:City of Kent Regional Trails Enhancements 6328753.docx
Source Envelope:
Document Pages:24 Signatures:2 Envelope Originator:
Certificate Pages:5 Initials:0 Minerva Humphrie
AutoNav: Enabled 401 5TH AVE
Envelopeld Stamping: Enabled SEATTLE,WA 98104
Time Zone: (UTC-08:00)Pacific Time(US&Canada) mhumphrie@kingcounty.gov
IP Address: 198.49.222.20
Record Tracking
Status:Original Holder:Minerva Humphrie Location: DocuSign
4/10/2023 1:44:59 PM mhumphrie@kingcounty.gov
Security Appliance Status:Connected Pool: FedRamp
Storage Appliance Status:Connected Pool: King County-Dept of Natural Resources& Location: DocuSign
Parks-Parks
Signer Events Signature Timestamp
Dana Ralph ED—Sig-d by: Sent:4/10/2023 1:51:46 PM
Dralph@kentwa.gov a" N fL Viewed:4/11/2023 3:22:39 PM
Mayor 93E99D67ED24442 Signed:4/11/2023 3:22:45 PM
Security Level: Email,Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 146.129.252.126
Electronic Record and Signature Disclosure:
Accepted: 12/30/2021 9:04:36 AM
ID:3207ed34-abbf-4175-8ca3-09636b72ead8
Warren Jimenez EVA
Do Sg dby: Sent:4/11/2023 3:22:47 PM
wjimenez@kingcounty.gov ` Viewed:4/12/2023 9:48:34 AM
Director Kin Count Parks&Recreation ,498C6DAoW4U Signed:4/12/2023 9:48:43 AM
9 Y 9
King County Parks
Signature Adoption: Drawn on Device
Security Level: Email,Account Authentication
(None) Using IP Address:66.235.76.119
Electronic Record and Signature Disclosure:
Accepted: 12/16/2020 11:32:05 AM
ID:e1b2fdbc-66a3-41ef-9a99-bebbac2271d5
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Andrea Smith Sent:4/12/2023 9:48:45 AM
andsmith@kingcounty.gov
King County Parks
Security Level: Email,Account Authentication
(None)
Carbon Copy Events Status Timestamp
Electronic Record and Signature Disclosure:
Accepted:3/26/2021 2:20:27 PM
ID: 1 d7dbfe5-decf-4e5c-9da 1-39fdde06543a
Kimberly Komoto � Sent:4/12/2023 9:48:46 AM
Cityclerk@kentwa.gov
ED
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/30/2021 8:41:49 AM
ID:84f00633-25b5-429e-aa05-cfOb8a93b507
Katherine-Lynn Jennings Sent:4/12/2023 9:48:47 AM
kjennings@kentwa.gov
ED
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ronald Lashley Sent:4/12/2023 9:48:48 AM
rlashley@kentwa.gov
ED
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rusty Milholland � Sent:4/12/2023 9:48:48 AM
rmilholland@kingcounty.gov COP
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted:3/17/2023 11:31:49 AM
ID:cf82e0fd-cf93-4a20-bd3a-6cfce72a8690
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/10/2023 1:51:46 PM
Certified Delivered Security Checked 4/12/2023 9:48:34 AM
Signing Complete Security Checked 4/12/2023 9:48:43 AM
Completed Security Checked 4/12/2023 9:48:48 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on:8/24/2020 3:49:22 PM
Parties agreed to:Dana Ralph,Warren Jimenez,Andrea Smith,Kimberly Komoto,Rusty Milholland
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
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