HomeMy WebLinkAboutCity Council Committees - Kent City Council - 09/19/2023 KENT CITY COUNCIL
• COMMITTEE OF THE WHOLE
KENT Tuesday, September 19, 2023
4:00 PM
Chambers
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Mayor Dana Ralph
Council President Bill Boyce
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Les Thomas
Councilmember Marli Larimer Councilmember Toni Troutner
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Item Description Action Speaker Time
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. DEPARTMENT PRESENTATIONS
Operations—Council President Boyce, Subject Matter Chair
A. Approval of Minutes YES
Committee of the Whole - Committee of the Whole - Regular Meeting - Sep 5,
2023 4:00 PM
B. Payment of the Bills - Authorize YES Paula Painter 01 MIN.
Committee of the Whole Committee of the Whole - September 19, 2023
Regular Meeting
C. INFO ONLY: Second Quarter NO Joe Bartlemay 10 MIN.
2023 Investment Report
Economic and Community Development-Councilmember Troutner, Subject
Matter Chair
D. Resolution Ratifying 2021 YES Kristen Holdsworth 10 MIN.
Countywide Planning Policy
Amendments - Adopt
Parks-Councilmember Michaud, Subject Matter Chair
E. Interlocal Agreement for the YES Merina Hanson 10 MIN.
Purpose of Pooling Capital Funds
with other SKHHP Cities -
Authorize
F. Washington State Department of YES Will Moore 05 MIN.
Commerce Grant - Senior Center
Solar + Storage
G. Mother Africa Building Economic YES Merina Hanson 05 MIN.
Empowerment Program
Agreement - Authorize
Public Safety-Council member Kaur, Subject Matter Chair
H. Washington Traffic Safety YES Commander O'Reilly
Commission Interagency
Agreement for the Walker and
Roller Safety Grant Program -
Authorize
Public Works-Councilmember Fincher, Subject Matter Chair
I. Consultant Services Agreement YES Jason Barry 05 MIN.
with KBA, Inc. for East Valley
Highway - Authorize
J. Lake Fenwick Alum Treatment - YES Chad Bieren 05 MIN.
Awa rd
K. Info Only: 2024 Sub-Regional NO Melissa Dahl 10 MIN.
Opportunity Fund Application
Earthworks Canyon Sediment
Pond Culvert Replacement
S. ADJOURNMENT
Committee of the Whole Committee of the Whole - September 19, 2023
Regular Meeting
Unless otherwise noted, Council will hold Committee of the Whole at 4 p.m. on the first and third Tuesday of
each month.
Public Comment may be submitted in writing to the City Clerk at the meeting,which will be distributed to
each councilmember and admitted into the record, but will not be read aloud at the meeting. In order to
be admitted into the record,written comments shall be submitted not less than three hours prior to the start
of the Committee of the Whole meeting to Cityclerk@kentwa.gov, unless a person appears in-person,in
which case,the written comments will be handed to the City Clerk and will be admitted into the record of
the Committee of the Whole meeting.
For additional information, please contact Kimberley A. Komoto,City Clerk at 253-856-5725,or
email CityClerk@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance
of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1.
Pending Approval
Kent City Council - Committee
• of the Whole
KENT Committee of the Whole -
WAS M IN G 7 0 N
Regular Meeting
Minutes
September 5, 2023
Date: September 5, 2023
Time: 4:02 p.m.
Place: Chambers
1. CALL TO ORDER
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2. ROLL CALL o
Attendee Name Title Status Arrived c
Bill Boyce Council President Present a
Brenda Fincher Councilmember Late 4:04 PM a
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Late 4:40 PM a
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Zandria Michaud Councilmember Present
Les Thomas Councilmember Present N
Toni Troutner Councilmember Present N
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3. AGENDA APPROVAL
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A. I move to approve the agenda as presented.
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RESULT: APPROVED [UNANIMOUS]
MOVER: Les Thomas, Councilmember
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SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Kaur, Michaud, Thomas, Troutner a
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4. DEPARTMENT PRESENTATIONS
Operations
A. Approval of Minutes YES
Committee of the Whole - Committee of the Whole - Regular Meeting - Aug
15, 2023 4:00 PM
Packet Pg. 4
Kent City Council - Committee of the Whole September 5, 2023
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
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RESULT: APPROVED [UNANIMOUS]
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Kaur, Michaud, Thomas, Troutner
B. Payment of Bills - Authorize
MOTION: I move to approve the payment of bills.
RESULT: MOTION PASSES [UNANIMOUS] Next: 9/19/2023 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember 0
AYES: Boyce, Fincher, Kaur, Michaud, Thomas, Troutner >
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C. Repeal of Resolution No. 1950, and Adoption of Updated a
Americans with Disabilities Act (ADA) Grievance Policy -
Resolution - Adopt a
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Human Resources Risk Manager, Ellaine Wi, provided details on the repealing
of Resolution No. 1950 and adoption of an updated policy. N
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Instead of naming an actual employee as the ADA Program Coordinator, the U
updated policy designates the position of Risk Manager to serve in this role. 0
The other provisions of the policy remain the same. -
MOTION: I move to repeal Resolution No. 1950, and adopt a
Resolution No. 2065, updating the City's Grievance Procedure
under the Americans with Disabilities Act.
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RESULT: MOTION PASSES [UNANIMOUS] Next: 9/19/2023 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember Q
AYES: Boyce, Fincher, Kaur, Michaud, Thomas, Troutner
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D. Tiburon Renewal with CentralSquare Technologies, LLC -
Authorize
Deputy Director of IT, Tara Duckworth, provided information regarding the
upcoming renewal of the contract with CentralSquare Technologies, LLC for
the Tiburon software.
The renewal would cover September 9, 2023 to September 8, 2024 at a cost
of $150,689.99. The terms of the original master support agreement are still
in place. Duckworth also advised that a new system will be replacing Tiburon
and is expected to go live in 2024 or 2025.
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Kent City Council - Committee of the Whole September 5, 2023
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
MOTION: I move to authorize the Mayor to sign the Renewal
Order with CentralSquare Technologies, LLC, in the amount of
$150,689.99, subject to final terms and conditions acceptable
to the IT Director and City Attorney; and authorize the IT
Director to sign future renewals that are within established
budgets; and to ratify past actions consistent with this motion.
RESULT: MOTION PASSES [UNANIMOUS] Next: 9/19/2023 7:00 PM
MOVER: Les Thomas, Councilmember N
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Thomas, Troutner
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E. INFO ONLY: July, 2023 Monthly Financial Report
Financial Planning Manager, Michelle Ferguson presented the July 2023 a
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Monthly Financial Report. a
Economic and a
Community o
Development
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F. Targeted Residential Investment Program - Astro Park N
Townhomes Agreement - Authorize a
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Economic and Community Development Planner, Lindsay Walker, shared U)
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information regarding the Targeted Residential Investment Program and 0
Astro Park Townhomes, a 7-unit development proposed at 303 West Meeker
Street in Downtown Kent. c
MOTION: I move to authorize the Mayor to sign a contract with
Southworth Properties, LLC, providing an 8-year Multifamily
Tax Exemption for the Astro Park Townhome development a
under the City's Targeted Residential Investment Program,
subject to final terms and conditions acceptable to the City Q
Attorney. a
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RESULT: MOTION PASSES [UNANIMOUS] Next: 9/19/2023 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Zandria Michaud, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Thomas, Troutner
G. Appointment to the Kent Special Events Public Facilities District
Board - Appoint
Economic and Community Development Director, Kurt Hanson, requested
that Zenovia Harris be re-appointed to the Kent Special Events Public
Facilities District Board.
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Kent City Council - Committee of the Whole September 5, 2023
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
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In May 2020, Kent City Council appointed Harris to fill the vacated Position
No. 5 on the Kent Special Events Public Facilities District Board for a term
that expired on August 31, 2023. Hanson advised that Harris has served as
the Chair of the Board since 2022 and has expressed a desire to continue
serving on the Board. That term was not considered an official first full term,
so Harris is eligible to serve an official first term for the period of September
1, 2023 - August 31, 2027.
MOTION: I move to appoint Zenovia Harris to the Kent Special
Events Public Facilities District Board for an initial first term of
4 years from September 1, 2023 - August 31, 2024.
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RESULT: MOTION PASSES [UNANIMOUS] Next: 9/19/2023 7:00 PM
MOVER: Toni Troutner, Councilmember 0
SECONDER: Satwinder Kaur, Councilmember a
AYES: Boyce, Fincher, Kaur, Michaud, Thomas, Troutner
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Parks o
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H. Home Repair Senior AC Unit Purchase - Ratify N
Parks Human Services Manager, Merina Hanson, provided information a
regarding the purchase of 186 additional portable air conditioning units to in
assist low-income Kent seniors. —
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Funding for this short-term project is provided entirely by a Grant Agreement
between the Parks Human Services Division and King County Adult Services
Division in the amount of $250,000 from the King County Veterans and
Human Services Levy.
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In June 2023, Human Services Division staff then moved forward with an
initial purchase of 186 air conditioning units from Home Depot for Q
$99,300.73 prior to opening the application process to residents on July 24, r
2023. The program received an overwhelming number of applications
(approximately 1,000) through the open application period, which ended on 2
August 4, 2023.
Staff was preparing to move forward with the Council approval process to
secure a second batch of units when high temperatures throughout the
region began to contribute to a rapidly diminishing inventory of the AC units.
Due to the inventory concerns and continuing high temperatures, the Human
Services Division asked the Mayor to sign a purchase order for the purchase
of an additional 186 additional units for an additional $99,300.73 on August
9, 2023. The total amount expended purchasing the portable air conditioning
units for this project was $198,601.46.
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Page 4 of 9 Packet Pg. 7
Kent City Council - Committee of the Whole September 5, 2023
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
MOTION: I move to ratify the purchase of 372 portable AC units
in the amount of $198,601.46.
RESULT: MOTION PASSES [UNANIMOUS] Next: 9/19/2023 7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Thomas, Troutner
I. Washington State Recreation and Conservation Office Local
Parks Maintenance Grant - Resolution Authorizing - Adopt
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Parks Capital Facilities Project Manager, Kerry O'Connor, presented
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information regarding one-time grant funding from the Washington State C
Recreation and Conservation Office (RCO) for Local Park Maintenance. c
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Staff is requesting authorization for electronic signature as well as a
authorization to submit grant applications to RCO for the Lake Meridian
Playground Surfacing Replacement project. a
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MOTION: I move to adopt Resolution No. 2064, authorizing the
signing and submittal of grant application #23-1552M to the N
Recreation and Conservation Office, to assist with the Lake N
Meridian Playground Surfacing Replacement.
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RESULT: MOTION PASSES [UNANIMOUS] Next: 9/19/2023 7:00 PM 4-
MOVER: Zandria Michaud, Councilmember N
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SECONDER: Satwinder Kaur, Councilmember
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AYES: Boyce, Fincher, Kaur, Michaud, Thomas, Troutner
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J. Easement to Lake Meridian Water District for Backwash Tank at
Sun Meadows Park — Authorize a
Parks Planning & Development Manager, Terry Jungman, presented details Q
on an additional Easement Agreement with Lake Meridian Water District at
Sun Meadows Park.
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This new easement agreement incorporates the previously executed
easement area and adds a new easement area related to a backwash tank
being added to the existing pump house on the south end of Sun Meadows
Park. This backwash tank necessitates a modest expansion into the park,
resulting in additional 843 square feet of permanent easement.
As compensation for providing this additional easement, the City will receive
$2,250.81 from the District. Funding will be used for improvements to Sun
Meadows Park to be incorporated into a future Parks capital project. The
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Page 5 of 9 Packet Pg. 8
Kent City Council - Committee of the Whole September 5, 2023
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
proposed easements have been incorporated into a park site plan so that
future improvements will not conflict with the granted easements.
MOTION: I move to authorize the Mayor to sign the Easement
Agreement with the Lake Meridian Water District in the amount
of $2,250.81 to the City, subject to final terms and conditions
acceptable to the Parks Director and City Attorney.
RESULT: MOTION PASSES [UNANIMOUS] Next: 9/19/2023 7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Thomas, Troutner
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K. Easement to Puget Sound Energy for Well House at Sun c
Meadows Park - Authorize a
Jungman also provided information regarding an Easement Agreement with a
Puget Sound Energy. Lake Meridian Water District has requested new energy
service from Puget Sound Energy ("PSE") to operate the mechanical o
components of the well pumps located at Sun Meadows Park. Under this
easement agreement, the City will authorize the necessary easement to PSE N
for this new service line, which is approximately 1,601 square feet and N
located within existing easements granted previously to Lake Meridian Water
District.
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As compensation for providing this additional easement, the City will receive
$4,274.67 from Lake Meridian Water District. Funding will be used for
improvements to Sun Meadows Park to be incorporated into a future Parks E
capital project. The proposed easements have been incorporated into a park
site plan so that future improvements will not conflict with the granted
easements. a
MOTION: I move to authorize the Mayor to sign the Easement
Agreement with Puget Sound Energy in the amount of Q
$4,274.67 to the City, subject to final terms and conditions 2
acceptable to the Parks Director and City Attorney.
RESULT: MOTION PASSES [UNANIMOUS] Next: 9/19/2023 7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Thomas, Troutner
Public Safety
L. Washington Traffic Safety Commission Interagency Agreement
for Region 8 Target Zero Manager - Authorize
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Page 6 of 9 Packet Pg. 9
Kent City Council - Committee of the Whole September 5, 2023
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
Kent Police Department, Commander Mike O'Reilly provided details on the
Interagency Agreement with Washington Traffic Safety Commission for the
partial funding of a Region 8 Target Zero Manager.
For the past two decades, the Kent Police Department has served as the host
agency for one of the Target Zero Managers assigned in King County.
Working with Public Health - Seattle & King County and the two Target Zero
Manager positions housed there, Kent PD's Target Zero Manager coordinates
a law enforcement committee, an educator/outreach committee, high
visibility enforcement funding for 26 King County area police departments,
media outreach and education, and manages three different grants to c
support this work.
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This agreement is a three-year agreement with a total funding amount of c
$255,000 spread equally over each year ($85,000 per year). The funding will a
become available October 1, 2023 and will run through September 30, 2026. a
Each year of funding will provide .5 FTE to coordinate traffic safety projects
and programs for King County. A total of $72,000 will fund the .5 FTE a
position with $13,000 identified for overtime as needed. o
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MOTION: I move to accept grant funds in the amount of N
$255,000 from the Washington Traffic Safety Commission for N
the partial funding of a Region 8 Target Zero Manager, amend
the budget, authorize expenditure of funds, and authorize the cn
Mayor to sign all necessary agreements and other documents, —
subject to terms and conditions acceptable to the Chief of
Police and City Attorney. ;
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RESULT: MOTION PASSES [UNANIMOUS] Next: 9/19/2023 7:00 PM
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MOVER: Satwinder Kaur, Councilmember
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SECONDER: Zandria Michaud, Councilmember a
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AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
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Public Works
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M. Consultant Services Agreement with Fehr and Peers, Inc. for
the Local Road Safety Plan Update - Authorize
Public Works, City Transportation Planner David Paine, presented details
regarding a Consultant Services Agreement with Fehr and Peers, Inc.
Earlier this year, the City applied for and was awarded a federal, Safe Streets
and Roads for All grant, which will allow the city to update and enhance the
2022 Kent Local Road Safety Plan, making more City projects eligible for
additional federal grants.
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Page 7 of 9 Packet Pg. 10
Kent City Council - Committee of the Whole September 5, 2023
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
Following the award, the City released a request for proposals to update the
LRSP. In July 2023, Fehr and Peers, Inc. was selected to provide consultant
services to the City for analysis and support of the update to the LRSP.
This update includes engagement with public and private stakeholders,
identifying and prioritizing safety treatments and pedestrian facility needs,
with education and outreach on Safe Systems Approach that focuses on
reducing serious and fatal crashes.
MOTION: Authorize the Mayor to sign a consultant services
agreement with Fehr and Peers, Inc. in an amount not to
exceed $306,910, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director. —
RESULT MOTION PASSES [UNANIMOUS] Next: 9/19/2023 7:00 PM o
MOVER: Brenda Fincher, Councilmember a
SECONDER: Toni Troutner, Councilmember a
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner a
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N. Joint Funding Agreement with the US Geological Survey -
Authorize N
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Public Works Environmental Engineering Manager, Mike Mactutis, provided
information about an on-going partnership for Water Resource Investigations
between the City of Kent and the U.S. Geological Survey (USGS), for stream -
data collection.
For federal fiscal year 2024, the City will contribute $124,420 to the total
annual program costs of $169,170 with the USGS with the city of Tukwila
providing the remaining $44,750.
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This agreement will provide for operation, maintenance, and data collection
at seven gages. Two are located on Mill Creek, one on Springbrook Creek, Q
one on Rock Creek, and three on the Green River.
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MOTION: I move to authorize the Mayor to sign the Joint
Funding Agreement for Water Resource Investigations between
the City of Kent and the U.S. Geological Survey, in the amount
of $124,420, subject to final terms and conditions acceptable to
the Parks Director and City Attorney.
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Page 8 of 9 Packet Pg. 11
Kent City Council - Committee of the Whole September 5, 2023
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
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RESULT: MOTION PASSES [UNANIMOUS] Next: 9/19/2023 7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Zandria Michaud, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
O. INFO ONLY: Department of Ecology - 2023-2025 Ramp Litter
Cleanup Grant
Public Works Conservation Coordinator, Tony Donati provided details about
the Department of Ecology 2023-2025 Ramp Litter Cleanup Grant.
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This competitive grant assists local governments with funding up to $60,000 —
for litter cleanup activities on Washington State Department of
Transportation owned freeway ramps located within the jurisdiction of the i
local government. a
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Kent will prioritize six ramp locations on both I-5 and Highway 167. If the a
grant application is successful, a contractor would be hired to perform o
multiple cleanups of these ramps from October 2023 through June 2025 until
funds are expended. No match is required for this grant. N
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5. ADJOURNMENT a
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Meeting ended at 5:08 p.m. °
K%n�ley A. Kovnoto- �
City Clerk
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4.6
FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5264
DATE: September 19, 2023
TO: Kent City Council - Committee of the Whole
SUBJECT: Payment of the Bills - Authorize
MOTION: I move to approve the payment of bills.
SUMMARY:
BUDGET IMPACT:
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Packet Pg. 13
4.0
FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5264
DATE: September 19, 2023
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Second Quarter 2023 Investment Report
SUMMARY: Cash and Investment Officer, Joe Bartlemay will present the Second
Quarter 2023 Investment Report.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Packet Pg. 14
4.D
ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, AICP, EDFP
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5454
DATE: September 19, 2023
TO: Kent City Council - Committee of the Whole
SUBJECT: Resolution Ratifying 2021 Countywide Planning Policy
Amendments - Adopt
MOTION: I move to adopt Resolution No. 2066, ratifying an amendment to
the 2021 King County Countywide Planning Policies adopted by King
County.
SUMMARY: At the upcoming meeting, the Committee of the Whole will receive an
update on the amendments to the 2021 King County Countywide Planning Policies
(CPPs) and will be asked to take action on a resolution to ratify the amendments.
BACKGROUND: Initially adopted in the early 1990's, the King County Countywide
Planning Policies (CPPs) create a shared and consistent framework for growth
management planning for all jurisdictions in King County in accordance with RCW
36.70A.210.
The CPPs are a series of policies that address growth management issues in King
County jurisdictions. The CPPs present the shared vision of King County and the 39
cities within King County to guide jurisdictions as they develop and amend their
comprehensive plans.
The CPPs were last comprehensively reviewed and updated in 2021 to be consistent
with updated Multicounty Planning Policies (MPPs) and the Regional Growth
Strategy (RGS) contained in the Puget Sound Regional Council's (PSRC) VISION
2050. As a part of the 2021 CPP Update, new growth targets were adopted for the
2019-2044 planning period. Growth targets are policy statements about the amount
of housing and jobs each jurisdiction will plan for in the 2024 comprehensive plan
update. Growth targets are created collaboratively by all cities and King County to
implement the Regional Growth Strategy in VISION 2050 by providing land use
assumptions for periodic comprehensive plan updates.
The Growth Management Planning Council (GMPC) is a formal body comprised of
elected officials from King County, Seattle, Bellevue, and other cities and towns in
King County, and special purpose districts. The GMPC works together to review
and suggest CPPs. During the GMPC discussion in June 2021, several housing-
related amendments to the CPPs were proposed and considered. Due to the
complexity, overlapping nature, and GMPC members' desire for further discussion
Packet Pg. 15
4.D
on some amendments, the GMPC created an Affordable Housing Committee
(AHC) and developed a workplan to:
1. Monitor and report jurisdictional housing supply, housing affordability,
housing needs, and income-restricted housing levels, including
disparities between subregions and comparisons to established housing
goals and targets, through the Regional Affordable Housing Dashboard
and reporting;
2. Establish subregional or jurisdictional affordable housing needs,
informed by local data and the data and methodology provided by the
Department of Commerce;
3. Recommend to the GMPC an accountability and implementation
framework for equitably meeting affordable housing needs across the
region. The AHC will consider, at a minimum, the range of Development
Patterns and Housing Chapter amendments proposed by GMPC
members in June 2021 regarding understanding and accommodating
housing needs, holding jurisdictions accountable, and allocating
resources; and
4. Recommend to the GMPC any CPP amendments necessary to
implement their recommendations.
Long Range Planning staff have participated in several work groups to address
the work items and shape the CPP amendments.
CHANGES TO THE 2021 CPPS: The most substantive amendments relate to
jurisdictional housing needs allocations, which have been discussed at previous
Council Committee of the Whole meetings and Workshops. Below is a breakdown
of Kent's percent housing needs by level of affordability compared to King
County. These numbers have been unchanged since early 2023 and are now
being finalized through the CPP amendment process.
Packet Pg. 16
4.D
of New 2044 Housing Units Needed by
Affordability Level (Area Median Income)
50%
44%
40%
40%
30% 28% 26%
20% 16%
10% 8% 1 7% 8% 9% °
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0% .
0-530% >30-<_50% >50-<_80% >80-<_100% >100-<_120% >120%
Kent ■King County
A second substantive change creates a three-part accountability framework for
equitably meeting housing needs across King County. The framework process
include:
1. Review Plans: Before adoption of the periodic update to a
comprehensive plan, the AHC will review draft housing elements for
alignment with the CPP Housing Chapter;
2. Monitor and Report: After comprehensive plans are adopted, AHC will
utilize a data dashboard to report on standardized benchmarks,
comparative standards, and housing data trends; and
3. Mid-Cycle Check-In and Adjustment: During the mid-cycle
comprehensive plan update process the GMPC will review information
from step 2 to identify where there are significant shortfalls.
Other minor changes include updates for internal consistency to recognize the
proposed CPP amendments, updating and adding definitions, and revising text to
clarify previously adopted policy language.
NEXT STEPS: On August 15, 2023, the Metropolitan King County Council
adopted Ordinance No. 19660, which ratified the 2021 CPPs amendments to
incorporate updates related to the workplan above. Now, the amendments are
presented to jurisdictions in King County for ratification. The CPPs become
effective when ratified by ordinance or resolution of at least 30 percent of the city
and county governments representing 70 percent of the population of King
County according to the established Interlocal Agreement. A city will be deemed
to have ratified the amendments to the CPPs unless the city takes legislative
action to disapprove the amendments within 90 days of adoption by King County,
which in this case is, November 30, 2023.
Packet Pg. 17
4.D
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Transmittal Letter to Kent(DOCX)
2. Resolution (PDF)
Packet Pg. 18
4.D.a
King County
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September 1, 2023 0
The Honorable Dana Ralph
City of Kent
220-4th Avenue South
Kent, WA 98032 r
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Dear Mayor Ralph:
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We are pleased to forward for your consideration and ratification an amendment to the
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2021 King County Countywide Planning Policies (CPP).
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On August 15, 2023, the Metropolitan King County Council approved and ratified
Growth Management Planning Council (GMPC) Motion 23-1, which contains the 0
Affordable Housing Committee recommended responses to GMPC Motion 21-1 . The
ordinance will become effective Friday, September 1, 2023. Copies of the transmittal
letter, Metropolitan King County Council staff report and ordinance 19660 are attached co
to assist you in your review.
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In accordance with the CPP, FW-1, amendments become effective when ratified by Y
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ordinance or resolution by at least 30 percent of the city and county governments
representing 70 percent of the population of King County according to the interlocal
agreement. A city will be deemed to have ratified the CPP and amendments unless, J
within 90 days of adoption by King County, the city takes legislative action to disapprove w
the amendments. Please note that the 90-day deadline for these amendments is E
Thursday, November 30, 2023.
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If you adopt any legislation concerning this action, and since we are working remotely,
please email a copy of the legislation by the close of business, Thursday, November E
30, 2023, to Council.clerk(a)_kingcounty.gov.
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If you have any questions about the amendments or ratification process, please contact
Andy Micklow, Metropolitan King County Council Staff, at 206 263-3226
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4.D.a
or Ivan Miller, Countywide Planning Manager, King County Office Performance,
Strategy and Budget, at 206 263-8297.
Thank you for your prompt attention to this matter.
Sincerely,
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Dave Upthegrove, Chair Dow Constantine 0
Metropolitan King County Council King County Executive
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Enclosures a
cc: King County City Planning Directors
Sound Cities Association c
Lauren Smith, Director, Regional Planning
Ivan Miller, Countywide Planning Manager
Andy Micklow, Council Staff, Committee of the Whole
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RESOLUTION NO. 2066
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A RESOLUTION of the City Council of the 0
City of Kent, Washington, ratifying the adoption of
the 2021 King County Countywide Planning Policies
(King County Ordinance 19660), relating to
jurisdictional housing needs and establishing an
accountability framework to meet countywide 3
affordable housing needs. w
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RECITALS
A. The adoption of countywide planning policies is required under
the State Growth Management Act (GMA), pursuant to RCW 36.70A.210. o
The King County Countywide Planning Policies (CPPs) provide a framework o
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for Kent and other cities in King County to conduct planning under the
requirements of the GMA. This framework ensures that city and county co
comprehensive plans are consistent.
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B. In 2021, the CPPs were comprehensively reviewed and °
updated.
C. During the process to adopt the 2021 CPPs, the King County
Growth Management Planning Council (GMPC) identified several issues that E
needed further time and discussion due to their complexities, overlapping a
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nature, new state legislation, and GMPC members' desire for further review Q
on some amendments.
D. These topics included establishing countywide and jurisdiction
housing need allocations; establishing an accountability framework for
1 Countywide Planning
Urban Growth - Resolution
Packet Pg. 21
4.D.b
meeting affordable housing needs; aligning monitoring requirements with
the new accountability framework; and aligning the CPPs with HB 1220. King
County Council directed the Growth Management Planning Council (GMPC)
and Affordable Housing Committee (AHC) to develop a workplan and suggest
additional amendments to the CPPs.
E. On March 22, 2023, the Metropolitan King County Council
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adopted and ratified Growth Management Planning Council (GMPC) Motion a
No. 23-1, to adopt updated 2021 CPPs. y
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F. On August 15, 2023, the King County Council approved and 0
ratified the amendments on behalf of unincorporated King County pursuant
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to King County Ordinance No. 19660.
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G. Now the amendments are presented to jurisdictions in King
County for ratification.
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H. The Kent City Council's Committee of the Whole reviewed the 0
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amendments at its meeting on September 19, 2023, and recommended
approval to the full City Council. r
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
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WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: ch
RESOLUTION o
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SECTION 1. - Amendment. The City of Kent, acting pursuant to the °
interlocal agreement among King County, the City of Seattle, and
incorporated suburban cities, hereby ratifies the proposed amendments to
the Countywide Planning Policies as adopted by the Metropolitan King County E
Council in King County Ordinance No. 19660, attached and incorporated a
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hereto as Exhibit A. Q
SECTION 2, - Public Inspection. The amendment to the Countywide
Planning Policies adopted herein shall be filed with the City Clerk and placed
2 Countywide Planning
Urban Growth - Resolution
Packet Pg. 22
4.D.b
in the planning services office so they are available for inspection by the
public.
SECTION 3. - Corrections by City Clerk. Upon approval of the city
attorney, the city clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or o
subsection numbering; or references to other local, state, or federal laws, a
codes, rules, or regulations. a
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SECTION 4, - Effective Date. This resolution shall take effect and be
in force immediately upon its passage. a
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October 3, 2023 ;
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DANA RALPH, MAYOR Date Approved U
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ATTEST: o
October 3, 2023
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
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APPROVED AS TO FORM:
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TAMMY WHITE, CITY ATTORNEY
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3 Countywide Planning
Urban Growth - Resolution
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1200 King County Courthouse
KING COUNTY 516 Third Avenue
Seattle,WA 98104
K#nim.g�nty Signature Report
Ordinance 19660
Proposed No. 2023-0224.1 Sponsors Balducci
1 AN ORDINANCE adopting and ratifying amendments to ,
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2 the 2021 King County Countywide Planning Policies. a
3 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: .2
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4 SECTION 1. Findings:
5 A. The 2021 King County Countywide Planning Policies ("the CPPs")were M
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6 adopted and ratified by King County on December 14, 2021, by Ordinance 19384.
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7 Ordinance 19384 established a workplan for the Affordable Housing Committee of the c
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8 King County Growth Management Planning Council ("the GMPC")to address GMPC
9 Motion 21-1 regarding affordable housing.
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10 B. The CPPs were ratified by the cities and towns in King County on April 6,
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11 2022.
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12 C. On March 22, 2023, the GMPC approved Motion 23-1, which recommended to
13 amendments to the CPPs,which includes the recommendations to meet the requirements 0
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14 in Ordinance 19384 and GMPC Motion 21-1.
15 SECTION 2. The amendments to the CPPs, as shown in Attachment A to this
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16 ordinance, are hereby adopted by King County and ratified on behalf of the population of
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17 unincorporated King County.
18 SECTION 3. Severability. If any provision of this ordinance or its application to
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Ordinance 19660
19 any person or circumstance is held invalid, the remainder of the ordinance or the
20 application of the provision to persons or circumstances is not affected.
Ordinance 19660 was introduced on 6/27/2023 and passed by the Metropolitan King
County Council on 8/15/2023, by the following vote:
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Yes: 9 - Balducci, Dembowski, Dunn, Kohl-Welles, Perry, a
McDermott, Upthegrove, von Reichbauer and Zahilay
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KING COUNTY COUNCIL a
KING COUNTY,WASHINGTON
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DocuSwig ned'by: d
E76CE01 F07B14EF... •�
Dave Upthegrove,Chair
ATTEST:
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DocuSigned by:
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L8DElBB375AD3422
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Melani Pedroza,Clerk of the Council
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APPROVED this day of 8/22/2023
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DocuSigned by: 00
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Dow Constantine,County Executive
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Attachments:A.King County GMPC Motion 23-1,a motion recommending amendments to the King
County Countywide Planning Policies to the King County Council
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ORDINANCE 19660 ATTACHMENT A
03/22/2023
Sponsored By: Executive Committee
1 GMPC MOTION 23-1
2 A MOTION recommending amendments to the King County
3 Countywide Planning Policies to the King County Council
4 Q-
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5 WHEREAS,the King County Council initially adopted Countywide Planning
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6 Policies in 1992 in conformance with Growth Management Act requirements; and 2
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7 WHEREAS,the King County Council comprehensively amended the
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8 Countywide Planning Policies in 2012 to be consistent with the Multicounty Planning M
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9 Policies and Regional Growth Strategy in VISION 2040; and
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10 WHEREAS,the Puget Sound Regional Council General Assembly adopted
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11 VISION 2050 and the Multicounty Planning Policies in 2020; and c
12 WHEREAS the Washington State Legislature adopted House Bill 1220 in 2021
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13 which substantively amended the Growth Management Act to require jurisdictions to 0
14 plan for and accommodate housing needs and resulted in other substantive changes to 0
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15 how jurisdictions plan for housing in the housing element of their comprehensive plan;
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17 WHEREAS,the King County Council adopted updated Countywide Planning
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18 Policies in 2021 and these implemented the Regional Growth Strategy with growth
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19 targets that will form the land use basis for periodic comprehensive plan updates; and
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20 WHEREAS,the Growth Management Planning Council directed their
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21 Affordable Housing Committee with Motion 21-1 to complete by the end of 2022 a
22 collaborative process to:
23 1. monitor and report jurisdictional housing supply,housing affordability,
24 housing needs, and income-restricted housing levels,including disparities
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4.D.b
25 between subregions and comparisons to established housing goals and
26 targets,through the Regional Affordable Housing Dashboard and reporting;
27 2. establish subregional or jurisdictional affordable housing needs, informed by
28 local data and the data and methodology provided by Commerce;
29 3. recommend to the Growth Management Planning Council an accountability
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30 and implementation framework for equitably meeting affordable housing Q
31 needs across the region. The Affordable Housing Committee will consider, at
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32 a minimum,the range of Development Patterns and Housing Chapter °a
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33 amendments proposed by Growth Management Planning Council members c
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34 in June 2021 regarding understanding and accommodating housing need, a
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35 holding jurisdictions accountable, and allocating resources; and
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36 4. recommend to the Growth Management Planning Council any Countywide o
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37 Planning Policy amendments necessary to implement their recommendations;
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39 WHEREAS,the Washington State Legislature adopted House Bill 1241 in 2022
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40 which increased the review and revision cycle for comprehensive plans from eight to ten
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41 years, extended the next comprehensive plan update deadline for jurisdictions in King m
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42 County to December 31,2024 and required King County and certain cities to submit an
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43 implementation progress report with certain required information to Commerce five years 0
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44 after reviewing and revising a comprehensive plan, and, if any action needed to
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45 implement changes in the most recent comprehensive plan update has not occurred at the z
46 time of the report,to create a work plan to take any needed actions within two years. a
47 WHEREAS,the Affordable Housing Committee conducted a thorough and
48 collaborative process to respond to Growth Management Planning Council Motion 21-1,
49 which included engagement with the members of the Growth Management Planning
50 Council,jurisdictional stakeholders, Commerce staff,and the Community Partners Table
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51 of the Affordable Housing Committee,which was composed of representatives from
52 communities disproportionately impacted by housing cost burden; and
53 WHEREAS,the Affordable Housing Committee reported back on progress to
54 respond to Growth Management Planning Council Motion 21-1 to the Growth
55 Management Planning Council at all of their meetings in 2022; and
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56 WHEREAS,the Affordable Housing Committee approved on December 9,2022 a
57 a recommended response to Growth Management Planning Council Motion 21-1,that
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58 included recommended: °a
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59 1. improvements to how King County, in partnership with cities,will monitor c
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60 and report progress to plan for and accommodate housing need through a
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61 ongoing Countywide Planning Policies Housing Chapter monitoring and
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62 reporting; o
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63 2. methods for establishing countywide and jurisdictional housing needs,
64 informed by local data and consistent with the data and methodology oC
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65 provided by Commerce;
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66 3. accountability framework details for equitability meeting these housing
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67 needs, informed by amendments proposed by Growth Management Planning m
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68 Council members in June 2021 regarding understanding and accommodating c
69 housing need,holding jurisdictions accountable,and allocating resources. 0
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70 This included a housing-focused review of draft comprehensive plans, annual
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71 monitoring and reporting, and a mid-planning cycle check-in and adjustment z
72 period five years after comprehensive plan adoption; and a
73 4. amendments to the King County Countywide Planning Policies necessary to
74 implement their recommendations and further align the Countywide Planning
75 Policies with recent changes to the Growth Management Act enacted through
76 the passage of House Bill 1220 in 2021; and
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77 WHEREAS,the Affordable Housing Committee Chair transmitted the
78 Committee recommendations to the Growth Management Planning Council on December
79 29,2022; and
80 WHEREAS,the Department of Commerce published final countywide housing
81 need projections on March 1,2023 and anticipates publishing final guidance required by a
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82 House Bill 1220 by April 2023; and a
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83 THEREFORE,the King County Growth Management Planning Council
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84 recommends amendments to the 2021 King County Countywide Planning Policies, a
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85 included with this motion as Attachment A,to the King County Council.
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88 Dow Constantine, Chair,Growth Management Planning Council o
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90 Attachment A:Amendments to 2021 Countywide Planning Policies OC
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ATTACHMENT A
Attachment A: Amendments to 2021 Countywide Planning Policies
All King County Countywide Planning Policy amendments are shown in ((strike )) and
underlined text.
Amendments:
In the Countywide Planning Policies Introduction, on page 6, amend as follows:
a
The King County Countywide Planning Policies -°a
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The Countywide Planning Policies (CPPs) create a shared and consistent framework for growth
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management planning for all jurisdictions in King County in accordance with RCW 36.70A.210,
which requires the legislative authority of a county to adopt a countywide planning policy in a-
cooperation with cities located in the county. The comprehensive plan for King County and the
comprehensive plans for cities and towns in King County are developed from the framework c
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that the CPPs establish. The 2021 Countywide Planning Policies, as amended, were designed to a
provide guidance in advance of the 2024 statutory update of comprehensive plans to -°a
incorporate changes to the regional policy framework and to reflect new priorities addressing
equity and social justice within our communities_. c
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In the Development Patterns Chapter, starting on page 21, amend as follows:
DP-12 GMPC shall allocate ((res al)) housing and employment growth to each city and
urban unincorporated area in the county. This allocation is predicated on:
a) Accommodating the most recent 20-year population projection from the state Office of °
Financial Management and the most recent 20-year regional employment forecast from o
the Puget Sound Regional Council, informed by the 20-year projection of housing units
from the state Department of Commerce;
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b) Planning for a pattern of growth that is consistent with the Regional Growth Strategy M
including focused growth within cities and Potential Annexation Areas with designated o
centers and within high-capacity transit station areas, limited development in the Rural
Area, and protection of designated Natural Resource Lands;
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c) Efficiently using existing zoned and future planned development capacity as well as the
capacity of existing and planned infrastructure, including sewer, water, and stormwater
systems; E
d) Promoting a land use pattern that can be served by a connected network of public r
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transportation services and facilities and pedestrian and bicycle infrastructure and Q
amenities;
e) Improving jobs/housing balance consistent with the Regional Growth Strategy, both
between counties in the region and within subareas in the county;
f) Promoting opportunities for housing and employment throughout the Urban Growth
Area and within all jurisdictions in a manner that ensures racial and social equity;
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g) Allocating growth to Potential Annexation Areas within the urban unincorporated area
proportionate to their share of unincorporated capacity for housing and employment
growth, and
h) Allocating growth based on the amount of net new housing needed to plan for and
accommodate an equitable distribution of housing choices across all jurisdictions that is
affordable to all economic segments of the population of the county, as provided by the
Department of Commerce.
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DP-13 The Growth Management Planning Council shall:
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a) Update housing and employment growth targets and housing needs periodically to
provide jurisdictions with up-to-date growth allocations to be used as the land use °;
assumption in state-mandated comprehensive plan updates; 0
b) Adopt housing and employment growth targets and housing needs in the Countywide
Planning Policies pursuant to the procedure described in policy FW-1;
c) Create a coordinated countywide process to reconcile and set growth targets that (L
implements the Regional Growth Strategy through countywide shares of regional
housing and ((jets)) job growth, countywide shares of statewide housing needs,
allocations to Regional Geographies, and individual jurisdictional growth targets; c
d) Ensure that each jurisdiction's growth targets and housing need are commensurate with v
their role in the Regional Growth Strategy by establishing a set of objective criteria and
principles to guide how jurisdictional targets and housing needs are determined;
e) Ensure that each jurisdiction's growth targets allow it to meet the need for housing
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affordable ((#aUsiRgf9F)) to households with ((-fie Ye♦-y Ie and extremely le;00-
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nGemes)) moderate-, low-, very low-, and extremely low-incomes; and o
f) Adjust targets and housing needs administratively upon annexation of unincorporated
Potential Annexation Areas by cities. Growth targets for the planning period are shown
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in Table DP-1. Net new housing needs for the planning period are shown in Table H-1 M
and total projected housing needs are shown in Table H-2. 0
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DP- 14 All jurisdictions shall accommodate housing and employment by: 0
a) Using the adopted growth targets as the land use assumption for their comprehensive
plan; c
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b) Establishing local growth targets for regional growth centers and regional E
manufacturing/industrial centers, where applicable; r
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c) Ensuring adopted comprehensive plans and zoning regulations provide sufficient Q
capacity at appropriate densities for residential, commercial, and industrial uses that is
sufficient to meet 20-year growth targets, allocated housing needs, and is consistent
with the desired growth pattern described in VISION 2050;
d) Ensuring adopted local water, sewer, transportation, utility, and other infrastructure
plans and investments, including special purpose district plans, are consistent in location
and timing with adopted targets as well as regional and countywide plans; and
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e) Transferring ((a-R)) and accommodating unincorporated area housing and employment
targets and housing need as annexations occur.
In the Development Patterns Chapter, on page 33, amend as follows:
DP-47 Limit growth in the Rural Area to prevent sprawl and the overburdening of rural services,
minimize the need for new rural infrastructure, maintain rural character, and protect open
spaces and the natural environment. To limit growth pressure in the Rural Area, locate services
in Cities in the Rural Area and cities that border the rural area. a
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In the Housing Chapter, starting on page 36, amend as follows: y
Housing
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The Countywide Planning Policies in the Housing Chapter support a range of affordable,
accessible, and healthy housing choices for current and future residents across King County. c
Further, they respond to the legacy of discriminatory housing and land use policies and a
practices (e.g., redlining, racially restrictive covenants, exclusionary zoning, etc.) that have led
to significant racial and economic disparities in access to housing and neighborhoods of choice.
These disparities affect equitable access to well-funded schools, healthy environments, open c
space, and employment. v
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The policies reflect the region's commitment to addressing the 2018 findings of the Regional
Affordable Housing Task Force (Task Force). Key findings include:
• Dramatic housing price increases between 2012 and 2017 resulted in an estimated o
156,000 extremely low-, very low-, and low-income households spending more than 30 0
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percent of their income on housing (housing cost burdened); and
• Black, Hispanic, Indigenous, and extremely low-income households are among those
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most disproportionately impacted by housing cost burden.
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((While SigRifieaRt 1106ISiRg market activity is needed to reach overall KiRg C06111ty hE)6lSiPg
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growth targets, the ability of the reg*E)R's hE)61S*Rg market te address the housing needs of lew y
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i nee.m.e he---seh eld-S is .1 km.ite d. A .1a rge maj erity ef th e need wo I I need te he a d d ressed with n it,;
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Building on the Task Force's work, this chapter establishes ((a GeURtyWide Reed fer affordableWhile the need is expressed iR countywide teFms, heUSiRg affeFdability varies SigRifieaPA-ly
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i^r^p4^ "^,,,;^"^ )) foals and policies to ensure all jurisdictions in King County plan for
and accommodate their allocated share of ((a.N ee takep tegethcic, all the EemplceheRs+ve-ems
e# KiRg Geemty j6l;4sdTEt+ens s "plaR feF and aEee,;mete" the)) existing and projected
housing needs of the county and comply with the Growth Management Act requirements for
housing elements in ((dot, )) Revised Code of Washington 36.70A.020 and 36.70A.070((})) and
the Countywide Planning Policies in this chapter. a
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While significant new housing growth is necessary to reach overall King County housing growth y
targets, new housing growth will not sufficiently address the housing needs for lower-income
households without additional government support for the creation of units restricted to 0
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income-eligible households—both rent-restricted units and resale restricted homes ("income-
restricted units"); and the preservation of homes currently affordable at or below 80 percent of
area median income. Local jurisdictions can create enabling environments and generate local
revenue to support new housing development and housing preservation, but successful
implementation requires resources and involvement from other levels of government,
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nonprofits, and the private sector.
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Housing unit production is one, but not the only means to measure whether a jurisdiction has
planned for and accommodated housing needs. Success will primarily be defined by whether a
jurisdiction has adopted and implemented policies and plans that, taken together and in light of
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available resources, can be reasonably expected to support and enable the production or
preservation of units needed at each affordability level. Policies in this chapter do not require o
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that jurisdictions act outside of current powers or assume full responsibility for the construction
of units required to meet housing needs articulated in policy H-1.
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These Countywide Planning Policies also recognize that housing affordability varies significantly 0
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across jurisdictions. In addressing housing needs, less affordable jurisdictions will need to focus
actions on increasing affordability for low-income households while more affordable 0
jurisdictions will need to focus actions on preserving affordable homes at risk of price increases.
All communities must address housing need where it is greatest—housing affordable to
extremely low-income households. E
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The policies below set a framework for individual and collective action and accountability to Q
meet ((t4e)) countywide needs and eliminate disparities in access to housing and
neighborhoods of choice. They first establish the amount of countywide housing needs a
jurisdiction must plan for and accommodate in a manner that seeks to increase housing choice
and begin to address disparities in housing choice throughout King County. ((These)) The
policies then guide jurisdictions through a ((few))-five step process:
1. ((fit)) conduct a housing inventory and analysis;
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2 ((Im ,i)) implement policies and strategies to meet housing needs equitably;
3. review comprehensive plans;
4. ((Me- sure r 6ilts and p i'J^ -, ptability)) monitor and report; and
((4)) 5. ((Adjust)) adjust strategies to meet housing needs.
Overarching Goal: Provide a full range of affordable, accessible, healthy, and safe housing
choices to every resident in King County. All jurisdictions work to:
• preserve, improve, and expand their housing stock; a
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• promote fair and equitable access to housing for all people; and Q
• take actions that eliminate race-, place-, ability-, and income-based housing disparities.
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H-1 (( °
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these with special needs, at a level th-at eali-hrates with the jurisdictiep'S
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30 pereent-and belew M! (extremely le ) 15--pereeRt-Of t$t-a-I -rI�"'v-'aSiRg`SUPPTy �+
31 59 peceRt ef ALAI (v Iew) 1 I..
erece+�t ef rtstl heys+r+ss� o
51 90 peFeeRt of AM! (lew) 19 pereept of tetal heusiRg suqp�y v
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Table H 1 p yi des add-i+il,n-,I eeptext l,n +h., r n+.,wi deReed fer hei-sin..
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T-ble LJ4. King County AFFer.dable Weusi a Need �
zno�" 3194W rn�Al' rloi _Qnoi AAA 4 R09A A RAII O
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n - m.her A-f Units 44,000 122000
490-OW 346,000 W
Ars ChAre of Tetal n4+c C_oa 13% 3"o
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A.ddletean-.I Affordable Housing Units Needed (2019-24 4) CO
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1-eusinn Units Needed 1ll�o 3�8 �g 11 Coo
u u sing Units Needed + Address« 39--ggg 32 9g9 33,000 1g4,og9 �
rey.oth Through 2044' N!_
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144,000 63,908 56,908 263,AAo
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ue 9 I mats Nee.de.d
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Teal Affer.dable Housing Units Needed by 9044 (In.•Iu.des Current Housing I I ts) E
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1 ;(89 185,000 8 R
As Share of TA-ta1 1 Ini+r 4-5-OA 15-0A 1-570 49-OA Q
yrisdiGti pal aff rd-,hility levels as ,-,,.,- ,areal t G 6lRtYW idP APPH ))
Plan for and accommodate the iurisdiction's allocated share of countywide future housing
needs for moderate-, low-, very low- and extremely low-income households as well as
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emergency housing, emergency shelters, and permanent supportive housing. Sufficient
planning and accommodations are those that comply with the Growth Management Act
requirements for housing elements in Revised Code of Washington 36.70A.020 and 36.70A.070,
that outline regulatory and nonregulatory measures to implement the comprehensive plan
(Washington Administrative Code 365-196-650), and that comply with policies articulated in
this chapter. Projected countywide and jurisdictional net new housing needed to reach
projected future need for the planning period is shown in Table H-1.1
a
0
Table H-1: King County Countywide and Jurisdictional Housing Needs 2019-2044
Q
Countywide Net New Permanent Housing Units Needed,2019-20441 w
0 to:M% Countywide Net New
>80 to Emergency HOUSIng 0
Non- >30 to >50 to >100 to Total PSH <_100 >120% Needss a
PSH <_50% <_80% / <_120%
s=
Countywide Total Future 1,269,62 113,79 49,064 139,71 177,59 195,93 136,06 457,47 65,054
Housing Needed:2044 8 0 8 0 4 1 1 ! a
Countywide Baseline 155,21 181,00 119,13 375,70 m
960,951 32,213 6,168 91,505 6,071 M
Housing Supply:20194 4 9 3 9 ! 3
Countywide Net New
Housing Needed:2019- 308,677 81,577 42,896 48,213 22,376 14,925 16,928 81,762 1 58,983 3
0
2044 U
Jurisdictional Net New Permanent Housing Units Needed,2019-2044 Jurisdictional
0 to!M% Net New '
Non- >30 to >50 to
>80 to >100 Emergency
Total PSH :5100 to >120% I Housing
PSH <50% <80% <120% Needs
%- -
m Bellevue 35,000 11,925 6,270 8,780 2,671 703 798 3,853 1 6,688 0
o alv " Seattle 112,000 28,572 15,024 19'14 7,986 5,422 6,150 29,702 21,401
M
Auburn 12,000 1,543 812 309 616 1,146 1,299 6,275 2,293 2
Bothell 5,800 2,100 1,105 819 654 147 167 808 1 11108 6
Burien 7,500 1,444 759 524 407 574 650 3,142 1 1,433
Federal Way 11,260 1,799 946 842 208 981 1,112 5,372 1 2,152
2 Issaquah 3,500 1,093 575 868 460 66 75 363 1 669 t
- - - - - - -
Kent 10,200 1,872 984 788 318 820 929 4,489 1,949 Q
L
0
Kirkland 13,200 4,842 2,546 3,052 1,022 228 259 1,251 1 2,522
Redmond 20,000 7,025 3,694 3,870 2,765 348 394 1,904 1 3,822
Renton 17,000 4,110 2,161 1,624 1,019 1,062 1,205 5,819 1 3,248
SeaTac 5,900 646 340 183 143 603 683 3,302 1 1,127
Tukwila 6,500 896 471 274 214 610 692 3,343 1 1,242
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Des Moines 3,800 790 415 231 227 281 318 1,538 1 726
Kenmore 3,070 1,063 559 483 393 75 85 412 1 587
f6 N
Lake Forest Park 870 313 164 143 140 14 16 80 1 166
3
Mercer Island 1,239 339 178 202 488 4 5 23 1 237
u 0 Newcastle 1,480 627 329 433 22 9 10 50 1 283
s
Shoreline 13,330 3,617 1,902 2,710 740 573 650 3,138 1 2,547
.r
Woodinville 2,033 854 449 354 156 29 33 158 1 388 c
Q
Jurisdictional Net New Permanent Housine Units Needed,2019-2044 ; Jurisdictional d
< o
Net New
0 to_30/ Emergency a
Non- >30 to >50 to >80 to >100 to
Total PSH >120% Housing
PSH <_50% 1580% :5100% <_120% Needs c
c
Algona 170 32 17 8 7 14 16 76 32 a
Beaux Arts' 1 1
Black Diamond 2,900 745 392 203 410 151 171 828 554 >,
c
Carnation 799 239 126 23 85 43 48 235 ' 153 c
V
Clyde Hill 10 3 2 2 3 - - - 2 tm
Covington 4,310 1,016 535 603 - 283 321 1,552 1 824 `
m
Duvall 890 268 141 - 266 28 32 155 170 W
Enumclaw 1,057 162 85 39 61 93 106 511 202 0
c
cHunts Point' 1 1 = _ _ _ _ _ = N
~ d
Maple Valley 1,720 542 285 320 26 72 81 394 329 OC
Medina 19 5 3 3 8 - - - 4 CO
to
Milton 50 13 7 - 8 3 3 16 10
Normandy Park 153 41 21 32 17 6 6 30 29
North Bend 1,748 433 228 121 221 98 111 536 334 N
d
Pacific 135 23 12 4 6 12 13 65 26
Sammamish 2,100 950 499 419 232 401
E
Skykomish 10 2 1 = 1 1 1 4 2 v
m
Snogualmie 1,500 472 248 233 82 61 69 335 287 Q
Yarrow Point 10 4 2 3 1 - - - 2
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4.D.b
M
a,
° M Urban
.0 5,412 1,157 608 571 292 366 415 2,003 '', 1,034
O Unincorporated'
c
D
l(�Table H 1 b eth t,...........RersNp and FeRtal. RItS
2
O
0 ows ese vaeaReeme category(e.g., er aR 0
° N
(Estimates st,....,..assume that hOUISORg U RkS equal to 1/2514of eest burdeRed households iR each categery are added aRRually ..O
O
a
3
sarne as ex sting income ))
1 Refer to Table H-2 in Appendix 4 for countywide and jurisdictional future housing needed in 2044 and baseline housing supply d
in 2019. O
zThe countywide need protections are derived from the Washington State Department of Commerce and were adjusted to align
.r
with the adopted housing growth targets for the planning period to ensure jurisdictions are planning for growth that is
consistent with the goals of the Development Patterns Chapter. V
3"Emergency Housing"includes emergency housing and emergency shelter and is in addition to permanent housing needs.
4 Data on baseline housing supply is estimated using 2020 Office of Financial Management data on total housing units,and
2014-2018 Comprehensive Housing Affordability Strategy and 2020 Public Use Microdata Sample data on the distribution of to
units at different income levels.These data sources are used to align with Department of Commerce countywide need baseline
data,even though the King County growth target setting process began in 2019. O
6 Beaux Arts Village and Hunts Point both have growth targets of one unit,meaning their total need allocated is also one unit. N
The allocation process divides that unit up into multiple area median income bands,but to get need allocations that are whole m
numbers,we round all allocations in each area median income band and the emergency housing/shelter category.
00
6 This includes all Potential Annexation Areas within the High Capacity Transit Communities and Urban Unincorporated King
County regional geographies.
c
O
In the Housing Chapter, on page 38, amend as follows:
0
H-2 Prioritize the need for housing affordable to households ((at eF less than or equal
to 30 percent A 4 area median income extreme) low-income b implementing tools such
p (( )) (extremely ) Y � p g
c
as:
a) Increasing capital, operations, and maintenance funding; M
b) Adopting complementary land use regulations; Q
c) Fostering welcoming communities, including people with behavioral health needs;
d) Adopting supportive policies; and
e) Supporting collaborative actions by all jurisdictions.
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((
+- ))
In the Housing Chapter, starting on page 39, amend as follows. Renumber policies H-6-H-9 as H-
5-H-8, respectively:
H-((4))3 Conduct an inventory and analysis in each jurisdiction of existing and projected housing
needs of all segments of the population and summarize the findings in the housing element. a
0
The inventory and analysis shall include:
Q
a) ((
.,tages fFem Deliey W 'I (see table W 3 Or Apper,di), n) and Aped Apeds fer he i.,
.0
afford-ahie t A:iedl rat he lsehelds)) The number of existing and projected 0
d
housing units necessary to plan for and accommodate projected growth and meet the
c
projected housing needs articulated in Tables H-1 and H-2, including:
1) permanent housing needs, which includes units for moderate-, low-, very low-, a
and extremely low-income households and permanent supportive housing,
2) emergency housing needs, which includes emergency housing and emergency
w
shelters; c
b) Number of existing housing units by housing type, age, number of bedrooms, condition, v
tenure, and ((AM4)) area median income limit (for income-restricted units);
c) Number of existing emergency housing, emergency shelters, and permanent supportive
housing facilities and units or beds, as applicable;
c
d) Percentage and geographic distribution of residential land zoned for ((and geograp r 0
diStFiblultiOR-GO) moderate- and high-density housing and accessory dwelling units in the o
jurisdiction;
e) Number of income-restricted units and, where feasible, total number of units, within a
CO
half-mile walkshed of high-capacity or frequent transit service where applicable and
regional and countywide centers;
0
f) Household characteristics, by race/ethnicity:
1) ((dome)) income (median and by (( )) area median income bracket), 0
2) ((TeRUlre)) tenure (renter or homeowner),
3) ((fie
4THeusins)) housing cost burden and severe housing cost burden; E
g) Current population characteristics: r
r
1) ((Age)) age by race/ethnicity, Q
2) ((Disability)) disability;
h) Projected population growth;
i) Housing development capacity within a half-mile walkshed of high-capacity or frequent
transit service, if applicable;
j) Ratio of housing to jobs in the jurisdiction;
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k) Summary of existing and proposed partnerships and strategies, including dedicated
resources, for meeting ((GGW de)) housing needs, particularly for populations
disparately impacted;
1) The housing needs of people who need supportive services or accessible units, including
but not limited to people experiencing homelessness, persons with disabilities, people
with medical conditions, and older adults;
m) The housing needs of communities experiencing disproportionate harm of housing
inequities including Black, Indigenous, and People of Color and a
0
n) Areas in the jurisdiction that may be at higher risk of displacement from market forces
a
that occur with changes to zoning development regulations and public capital y
investments. U
0
a-
H-((-S))4 Evaluate the effectiveness of existing housing policies and strategies to meet ((a
c
^R;f" ^* hare ^f e-Rt,,, ide Reed)) the jurisdiction's housing needs. Identify gaps in existing �
partnerships, policies, and dedicated resources for meeting ((the countyw housing needs a
and eliminating racial and other disparities in access to housing and neighborhoods of choice.
3
In the Housing Chapter, on page 42, amend as follows: c
H-((4119))9 Adopt intentional, targeted actions that repair harms to Black, Indigenous, and other v
People of Color households from past and current racially exclusive and discriminatory land use
and housing practices (generally identified through Policy H-((6))5). Promote equitable
outcomes in partnership with communities most impacted.
c
0
In the Housing Chapter, on page 42, amend as follows. Renumber policies H-11 and H-12 as H- o
10 and H-11, respectively:
Increased Housing Supply, Particularly for Households with the Greatest Needs 00
W
M
VISION 2050 encourages local cities to adopt best practices and innovative techniques to meet
c
housing needs. Meeting (( )) housing needs will require actions, o
including commitment of substantial financial resources, by a wide range of private for profit, o
non-profit, and government entities. Multiple tools will be needed to meet the full range of
needs in any given jurisdiction.
as
E
H-12 Adopt and implement policies that improve the effectiveness of existing housing policies U
and strategies and address gaps in partnerships, policies, and dedicated resources to meet the Q
jurisdiction's housing needs.
In the Housing Chapter, on page 42, amend as follows:
H-14 Prioritize the use of local and regional resources (e.g., funding, surplus property) for
income-restricted housing, particularly for extremely low-income households, populations with
special needs, and others with disproportionately greater housing needs. Consider projects that
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4.D.b
promote access to opportunity, anti-displacement, and wealth building for Black, Indigenous,
and People of Color communities to support implementation of policy
In the Housing Chapter, on page 44, amend as follows. Renumber policies H-20 and H-21 as H-
21 and H-22, respectively:
H-19 Lower barriers to and promote access to affordable homeownership for extremely low-,
very low-, and low--income, households. Emphasize:
a) Supporting long-term affordable homeownership opportunities for households ((at OF a
0
below)) less than or equal to 80 percent ((AM4)) area median income (which may require
a
up-front initial public subsidy and policies that support diverse housing types); and
b) Remedying historical inequities in and expanding access to homeownership °;
opportunities for Black, Indigenous and People of Color communities. 0
a�
c
H-20 Adopt and implement policies that address gaps in partnerships, policies, and dedicated
c
resources to eliminate racial and other disparities in access to housing and neighborhoods of a
choice. :2
3
In the Housing Chapter, starting on page 45, amend as follows. Renumber policies H-23 and H- c
24 as H-24 and H-25, respectively: v
a�
H-((24))23 Adopt and implement policies that protect housing stability for renter households;
expand protections and supports for moderate-, low-, very low- and extremely low-income
renters and renters with disabilities.
c
0
(( )) Review, Monitor, Report, and
Adjust
�o
The following policies guide a housing comprehensive planning review, monitoring, reporting CO
and adjustment process conducted by the Affordable Housing Committee, Growth
Management Planning Council, and King County. This process ensures plans are coordinated 0
and consistent with countywide housing goals and policies, increases the likelihood of housing- o
related plan implementation to ensure needs are met, and provides jurisdictions with a periodic
opportunity for adjustments and continual improvement in between comprehensive plan
as
periodic updates. E
M
U
r
r
Review Comprehensive Plans Q
H-26 The Growth Management Planning Council or its designee will conduct a housing-focused
review of all King County jurisdiction's draft periodic comprehensive plan updates for alignment
with the Housing Chapter goals and policies prior to plan adoption and provide comments. The
purpose of plan review is to:
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4.D.b
a) offer early guidance and assistance to jurisdictions on comprehensive plan alignment
with the CPP Housing Chapter;
b) ensure plans address all Housing Chapter goals and policies and include required
analyses;
c) evaluate the meaningfulness of plan responses to policies in this chapter, where
meaningful responses can be reasonably expected to achieve a material, positive
change in the jurisdiction's ability to meet housing needs; and
d) collect data on jurisdictional implementation details to inform future monitoring and 0-
0
evaluation during the remainder of the planning period.
a
N
N
Monitor and Report 2
0
a
Each jurisdiction has a responsibility to ((amass)) plan for and accommodate its share of the
countywide housing need. The ((ey)) County and cities will collect and report housing data
at least annually to help evaluate progress in ((p!aRRORg fGF m etiRg this shaFed responsibility))
a
achieving the goals and advancing the policies of this chapter. The ((may)) County will help
coordinate a ((tFaRSPareRt)) necessary data collection and ((shalFing)) reporting process with
cities. Further detail on monitoring and reporting procedures is contained in Appendix 4. C
0
U
H-((25))27 Monitor progress toward meeting countywide and jurisdictional housing ((gFewth
taFgets Geum ,, ide)) needs and eliminating disparities in access to housing and neighborhood
choices. Where feasible, use existing regional and jurisdictional reports and monitoring tools
c
and collaborate to reduce duplicative reporting. 0
a) Jurisdictions, including the ((may)) County for unincorporated areas, will report o
annually to the (( `#)) County ((„S;Rg , HiGIaRC=, d,,yeleped by the CE)URty „R hgusip'
a�
A nnuls)):
m
1) In the first reporting year, total income-restricted units, total units, by tenure, CO
((AME)) area median income limit, address, and term of rent and income C
restrictions, for which the ((e y)) jurisdiction is a party to affordable housing
covenants on the property title created during the reporting period. In future o
years, report new units created and units with affordability terms that expired
during the reporting period((...))i
2) Description and magnitude of land use or regulatory changes to increase zoned E
residential capacity including, but not limited to, single-family, moderate- U
density, and high-density((-))L Q
3) New strategies (e.g., land use code changes, dedicated fund sources, conveyance
of surplus property) implemented during the reporting period to advance the
policies of this chapter. This includes strategies to increase housing diversity,
((e+)) strategies to increase the supply of income-restricted units in the
jurisdiction and implementation details identified in the jurisdiction's
comprehensive plan; and
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4.D.b
4) The value of jurisdictional contributions to subregional collaborations to support
preservation or creation of income-restricted housing within the subregion made
during the reporting period. Contributions may include, but are not limited to,
cash loans and grants, land, and fee waivers.
b) The ((e y)) County will, where feasible,consolidate housing data across jurisdictions
((t pFevide ,.I-,r;ty and ass.st 6iFisdir=t,9R_ ,.,i+h heu-S,.,,. data *Ryem Fy)) and (( ))
report annually on:
1) Countywide housing inventory of: a
0
i. Total housing units, by affordability to ((AM4)) area median income
a
bands; '
N
ii. Total income-restricted units, by ((AM4)) area median income limit; °;
iii. Number of units lost to demolition, redevelopment, or conversion to 0
non-residential use during the reporting period;
iv. Of total housing units, net new housing units created during the
reporting period and what type of housing was constructed, broken a
down by at least single-family, moderate-density housing types, and high- :2
density housing types;((a4:4))
v. Total income-restricted units by tenure, ((AM4)) area median income c
limit, location, created during the reporting period, starting in 2021((.))1 v
vi. Total net new income-restricted units and the term of rent and income
restrictions created during the reporting period, starting in December
2022; 0
vii. Share of households by housing tenure by jurisdiction; and
viii. Zoned residential capacity percentages broken down by housing o
type/number of units allowed per lot;
2) The ((c�Inty's)) County's new strategies (e.g., dedicated fund sources,
co
conveyance of surplus property) implemented during the reporting period to M
increase the supply of restricted units in the county, including geographic
0
allocation of resources;
3) The ((ems)) County's new strategies implemented during the reporting 0
period to reduce disparate housing outcomes and expand housing and
neighborhood choice for Black, Indigenous, and other People of Color
households and other population groups identified through policy H-((§))5((-))L E
4) Number of income-restricted units within a half mile walkshed of a high-capacity r
r
or frequent transit stations in the county; Q
5) Share of households with housing cost burden, by income band, race, and
ethnicity;
6) Tenant protection policies adopted by jurisdictions in King County; and
7) Number of individuals and households experiencing homelessness, by race and
ethnicity.
c) Where feasible ((, ; ,S,l,,tieR_S , „n also .e"ahe-Fat,ter Ft)):
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4.D.b
1) Jurisdictions will collaborate to report (( )) net new units accessible to persons
with disabilities, and
2) King County will collaborate with the King County Regional Homelessness
Authority and public funders to report total net new permanent supportive
housing, emergency housing, and emergency shelters units/beds.
H-((2-6))28 The (( y)) County will ((pre vide ,. lidaRee t j6lFiSdiGtieRS eR gA_al_-; fl,r hA,,S,n
Anni I ".,IS @RRu ,n),)) provide necessary, ((tFaRSP@reRt)) ongoing information ((FReas6lFiRg)) on Q
jurisdictions' progress toward ((meetiRg n+,,, mde afferdable he6lSing Reed, a rdi g t u_
O
Q
2-5-,)) planning for and accommodating their housing needs using public-facing tools such as the
King County's Affordable Housing Dashboard. The Affordable Housing Committee will establish
standardized benchmarks, housing data trends, and comparative standards to aid in assessing c
a
local progress relative to countywide trends and other jurisdictions. Measurement will include
c
at a minimum, the meaningful actions taken by a jurisdiction to implement their comprehensive
c
plan housing element, housing unit production within jurisdictions, as well as credit a
jurisdictions for direct funding and other contributions to support the preservation or creation
of income-restricted units through subregional collaborations.
w
c
O
H-((24))29 ((
adequate affordable hE)USiRg te meet the GOURtywide Reed. GeRsideF arnendrneRtS W Iand use
c
H014rohi 40AP of afferrdable heusiRg.)) Five years after adoption of a periodic update to a
comprehensive plan, the Growth Management Planning Council or its designee will review o
ch
monitoring and reporting data collected through annual reporting and other local data and
analysis. The Growth Management Planning Council will identify significant shortfalls in
CO
planning for and accommodating housing needs, provide findings that describe the nature of
the shortfalls, and make recommendations that jurisdictions take action to address shortfalls.
0
Jurisdictions with significant shortfalls shall identify and implement actions to address the
shortfalls, such as amending the comprehensive plan, land use regulations, or other legislative 0
or administrative actions. Implementation of this policy shall be coordinated with the
requirement in Revised Code of Washington 36.70A.130(9)(c) to produce and take actions
pursuant to a five-year implementation progress report. E
t
r,
r
r
In the Economy Chapter, on page 50, amend as follows: Q
The Rural Area and Natural Resource Lands are important for their contribution to the regional
food network, mining, timber, and craft industries, while ((Cities in +he Rural Are-,)) cities are
important for providing access to services (( 9)) and being the economic centers for the
surrounding Rural Area.
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In Appendix 4: Housing Technical Appendix, starting on page 69, amend as follows:
Appendix 4: Housing Technical Appendix
Policy H-1: ((Gau )) Housing Needs
Each jurisdiction, as part of its ((CeMpPe"^^ comprehensive ((R4n)) plan housing analysis,
will need to ((
FespeRsibility te)) plan for and accommodate its share of countywide housing needs ((#ef
)) as defined in policy H-1 and articulated in Tables H-1 and H-2. In order for o
each jurisdiction to address its share of the countywide housing needs for ((^)(ticemely le w VeF,AQ
)) moderate-, low-, very- low-, and extremely- low-income housing, as well as
aD
permanent supportive housing and emergency housing, a ((€eur step)) five-step approach
should be followed: °
a
1. ((met)) conduct a housing inventory and analysis;
2. implement policies and strategies to ((equitably)) meet housing needs c
equitably; a-
3. review comprehensive plans;
a�
4. ((Measure results and n id,^ monitor and report; and
((4)) 5. ((Adjust)) adiust strategies to meet housing needs. o
U
0)
(( >,
r
C
O
3
O
rn
m
estimates are based OR a Riedel iR which adding units for heusehE)IdS WRhiR a giveR lew
m
CO
W
category (e.g., < 30 pereeRt AMI) allows these households to vacate uRits -affe—red-a-ble within the n
Re)(t highest iReeme category (e.g., greateF than 30 percent AM! and less than or equal to 50 C
O
year, 3
i nr,nm^ .1 eyel. Th^ estOM-4+nc in T-,hIe H-1- ^ +hat he----ci ran units nn to 1/75t4 nF+�or„+� y
d
�i
C
Oy
G
address growth also as.-,,,- diStFibUtiOR of heusehelds added thFeugh grewth is the
same as
R
r.+
r..r
fisting i n distFibutinn Q
-stiY Gtinn 1 n.-nl L eusinn Nee
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4.D.b
.,+.,r" aR d - alySiS of iS+ir,g aR d p to d he SiRg r nrl,- that
by the depart-me—At A-f ee meicCe,
�-vrnr5 fc"rr mr"vcreFute, lew, velay lew, j
Q
O
Q
O
2
.29 PeFeeRt GlRd be Texti:emeI,, Iew) 15peFeeRt of tetal heusiRg supply o
IL
-1- 59PeFeeRt of AM! Iew) 15PeFeeRt of tst-al supply
=1 90 peFeeRt of AM! (le .,) 1-9 PeFeeRt of tst-al hp----siRg supply c
IL
The sample i is dietmer,-,I I I ,+ .,r,� .,r,p faP+i -,I .J-,+-, frepq T-,hlp H 2
Tl
3
w
T•,b,le LJ_7. Wctn. nal Data
3
O
Guricer,+ Housing Units (H 1) (2012_70171 V
Im
_-r%QPA A r4'11 91 909A n'nr4'1T o A 441 All Incomps
TAtal
414 Tnt; Hil l�� y-0— Toteli�--R�Fl� T9ta, L,yl� /��/�/�
I i r i a -AC 37B I �CCt7 `+-fB 7-�CCC Y�J-'B 7CCC �JYB 7-C Cl7lY O
40 20,000 � 18-998 3"0 2(),()()() �e 60,580 2
300 � 600 " �00 � 7;009 74% �500 I°n
m
5euirce: 2013 - on1�^S p'
m
CO
lRcAw.e_Deo+ri Gted Housing Units 114111 ('2019) �
M
n_2n39A A�4�41 21_rnAAA'' 51_809A A,rR411 C
I. `asrr✓aiccr^vrr O
O
to
38 Q.4 7% -500 0� �0 �-0-�
3w Q.5 7% 4,i09 2.07% 11400 3.0704
� -70 0� 90 0� m
0 0
E
t
Source: King CE)U ,+„ IReer,-,.,_restricted Housing Database �
r
r
Q
c- +c„mrCIAfIfV MTIC upRsTTS Need�(L nTnTn *At;;' F n 115 * G6 U n tyW I e H e b S I ns N ee 7
n_znornnnl z1_cn 'oi n'nrn''i c1_Qn 'oi n0nn Total
I„rLc.l i.•+ier. �
#.e# y6-9 yy G-f1 # 4 °y6-e#Teta l i n g 1 g
414 T�-ntcri-rr1' i}--of 141' TAtn' Ritr, MR
TaFge} 2444
mu
35
105,000
1 n� �I Yam,87-.7 � Yam,7 r � ,dtl 500 I Yz,000 I 72,,500
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4.D.b
' z
applies the eeuntywide need fel,-affe.rd-able housing te eaeh j6iFisdietien's projected tetal
I easing Units 2044
DOffPrPncP from Current Housing Wnits te- 2044 Need
1 r ras�rrsa'icc'vn AA' 31_90% A A r 91_on A
#6f H,I $t of 1 $f 6#HIU
a
i Q 9� -4,225 O
iz
N
O
S .0
O
d
C
sari�rrcz'rvrr 0--3 0-Ve A A A 21_CAS nl 5%1_4A R
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its heysing grewth target, te meet a prepeFtiep-al Share ef eeyntywide heusiRg Reed by 204 4, M
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te 31 50 pereeRt AM! and 19,950 i *ts afferp-1-ab e te 51 80 percent AMI. This is a sizeable need
3
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afferdable te heuseholds at eF below 30 percent AMI. Of these HRitS, only 300 aFe ineeme
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restroeted. G*ven the scale ef the affordability gap, however, the
.+
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,
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4.D.b
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providing equitable access to high eppeFtunity
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4.D.b
Calculating Total Countywide Permanent and Emergency Housing Needs
Consistent with the Revised Code of Washington 36.70A.100 and 36.70A.115, King County
identifies a 20-year population growth target that is within the range of projections prepared by
the Washington State Office of Financial Management. In the past, the County has taken this
projection and used its own framework to calculate growth targets for housing units and jobs
over the planning period. A decision-making process between King County and King County
cities then distributed housing units and jobs between different jurisdictions, to be used in a
0
developing local comprehensive plans.
Q
N
Updates to the Growth Management Act in 2021 changed this process, such that the
Washington State Department of Commerce ("Commerce") now supplies counties with the 0
a
number of permanent housing units and emergency housing beds necessary to manage the
c
projected growth and meet both current unmet and future housing needs over the planning
period. Permanent housing projections are expressed as a total countywide housing need figure a
that is then divided into units for moderate-, low-, very low-, and extremely low-income
households. Permanent supportive housing is included as a subset of the 0 to less than or equal
w
to 30 percent area median income projection. Countywide needs for emergency housing beds,
0
which include both emergency shelters and emergency housing, are supplied separately by the v
a)
state. Refer to the Growth Management Act and Department of Commerce guidance for E
permanent supportive housing and emergency housing definitions.
c
After receiving housing need numbers from the State, counties are responsible for selecting a
growth projection within the Commerce-provided range to determine their net new o
Ch
countywide housing needs. Counties then select a method for allocating permanent net new
countywide housing needs between jurisdictions.
CO
M_
To arrive at countywide net new permanent housing needs for by income level and permanent C
0
supportive housing, King County selected the net new units needed from Commerce's medium
projections and scaled the net new units needed proportionately to equal King County's 0
housing growth target to build on and maintain consistency with the population projection and
assumptions about regional growth.
E
To arrive at a countywide net new emergency housing need, King County selected the net new a
r
emergency housing needs from the same medium population projection series provided by Q
Commerce and scaled it at the same proportional rate as permanent housing needs.
For more information about how Commerce calculated total countywide housing needs,
including baseline housing supply, net new units needed, and future housing need expressed by
income level, permanent supportive housing, and emergency housing needs, please refer to
methodological documentation on the Department's website.
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County Method for Allocating Permanent Housing and Emergency Housing Needs
This section describes how countywide housing need was allocated to jurisdictions.
Permanent net new countywide housing needs were allocated to jurisdictions using a multistep
method, which allocated larger percentages of housing need to the 0 to less than or equal to 80
percent area median income levels based on local factors.
Each jurisdiction was initially allocated the same proportion of their housing growth to the 0 to a
0
less than or equal to 80 percent area median income bands. Then, local factor weights were
a
applied, which accounted for current affordability of the jurisdiction's housing stock, the
amount of the jurisdiction's housing stock at or below 80 percent area median income that is °;
income-restricted, and the ratio of low-wage workers that work in the subregion compared to 0
a
low wage workers that live there. These factors either increased or decreased the proportion of
c
a jurisdiction's housing need that was allocated at 0 to less than or equal to 80 percent area
median income, with jurisdictions that scored poorly on these factors having more housing a
need allocated at 0 to less than or equal to 80 percent area median income. Units were then
allocated within each area median income band based on current units already in each area
median income band as compared to countywide averages. Net new permanent supportive
0
housing need is part of the 0 to less than or equal to 30 percent area median income level and v
was allocated consistent with the income level method described.
°
Net new countywide emergency housing need was allocated to jurisdictions based on their
c
percent share of planned countywide housing growth. °
0
For additional information about the allocation methods, refer to the King County Affordable
Housing Committee website. Both final countywide housing need and allocated jurisdictional
co
housing needs can be found in Tables H-1 and H-2. Table H-1 focuses on net new permanent M
and emergency housing units/beds needed. Table H-2 provides a complete picture of housing °
0
needs by jurisdictions, with information on current baseline housing supply and future housing
need at the end of this planning period. 0
a�
c
as
E
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ATTACHMENT A
Table H-2: King County Countywide and Jurisdictional Housing Needs 2019-2044
Countywide Permanent Housing Needs'
0 to 530% Countywide o
Emergency 'D
Total Non- PSH >30 to >50 to >80 to >100 to >120% I Housing Needs' Q
PSH :550% :580% :5100% :5120% I w
m
Countywide Total Future Housing Needed:2044 1,269,628 113,790 49,064 139,718 177,590 195,934 136,061 457,471 I 65,054 'Z3
Countywide Baseline Housing Supply:20199 960,951 32,213 6,168 91,505 155,214 181,009 119,133 375,709 6,071 a
Countywide Net New Housing Needed:2019-2044 308,677 81,577 42,896 48,213 22,376 14,925 16,928 81,762 58,983
Jurisdictional Permanent Housing Needs I
I 0 to<_30% Jurisdictional
Emergency d
Non- >30 to >50 to >80 to >100 to
Total PSH >120% Housing Needs
PSH :550% :580% 5100% 5120% I 3
Bellevue Total Future Need: 2044 99,687 13,680 6,392 11,121 8,213 13,622 9,186 37,473 6,888
Baseline Supply: 2019 64,687 1,755 122 2,341 5,542 12,919 8,388 33,620 200 0
_ Net New Need:2019-2044 35,000 11,925 6,270 8,780 2,671 703 798 3,853 6,688
c Seattle Total Future Need: 2044 480,307 42,041 20,255 45,691 62,050 76,752 50,327 183,191 I 25,734
o '
Baseline Supply:2019 368,307 13,469 5231 26,547 54,064 71,330 44,177 153,489 4333
Net New Need:2019-2044 112,000 28,572 15,024 19,144 7,986 5,422 6,150 29,702 I 21,401
Auburn Total Future Need: 2044 40,049 2,619 1,049 8,338 8,691 5,573 4,601 9,178 I 2,351
I �
Baseline Supply: 2019 28,049 1,076 237 8,029 8,075 4,427 3,302 2,903 58 p
Net New Need:2019-2044 12,000 1,543 812 309 616 1,146 1,299 6,275 2,293 a)
Bothell Total Future Need: 2044 18,482 2,487 1,105 2,077 2,401 2,679 2,026 5,707 11119
00
Baseline Supply: 2019 12,682 387 - 1,258 1,747 2,532 1,859 4,899 I 11 w
a, -
Net New Need:2019-2044 5,800 2,100 1,105 819 654 147 167 808 11108
c
Burien Total Future Need: 2044 28,285 2,434 759 4,457 5,849 4,346 3,354 7,086 1,683 2
o
Baseline Supply: 2019 20,785 990 - 3,933 5,442 3,772 2,704 3,944 250 0
Net New Need:2019-2044 7,500 1,444 759 524 407 574 650 3,142 1,433
Federal Way Total Future Need: 2044 48,937 3,424 1,024 7,754 13,283 81190 4,528 10,734 I 2,259
I c
Baseline Supply:2019 37,677 1,625 78 6,912 13,075 7,209 3,416 5,362 107
Net New Need:2019-2044 11,260 1,799 946 842 208 981 1,112 5,372 2,152
U
r
r
Q
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4.D.b
Jurisdictional Permanent Housing Needs
I Jurisdictional
0 to 530% j Emergency a
Total Non- PSH >30 to >50 to >80 to >100 to >120% Housing Needs '0
PSH 550% 580% 5100% 5120% I Q
Issaquah Total Future Need: 2044 20,803 1,829 575 1,604 1,955 3,534 2,120 >120% I 673 w
I m
Baseline Supply:2019 17,303 736 - 736 1,495 3,468 2045, 8,823 I 4 Z
Net New Need:2019-2044 3,500 1,093 575 868 460 66 75 363 669 a
Kent Total Future Need: 2044 59,357 3,953 984 9,770 15,367 11,275 8,142 9,866 2,118
Baseline Supply: 2019 49,157 2,081 - 8,982 15,049 10,455 7,213 5,377 169
Net New Need:2019-2044 10,200 1,872 984 788 318 820 929 4,489 1,949 d
Kirkland Total Future Need: 2044 53,218 5,882 2,558 4,836 4,756 8,369 5,472 21,345 2,671
Baseline Supply:2019 40,018 1,040 12 1,784 3,734 8,141 5,213 20,094 149
Net New Need:2019-2044 13,200 4,842 2,546 3,052 1,022 228 259 1,251 2,522 3
v Redmond Total Future Need: 2044 51,739 7,778 3,752 5,274 4,949 9,618 5,233 15,135 I 4,023 V
Baseline Supply: 2019 31,739 753 58 1,404 2,184 9,270 4,839 13,231 201
`0 Net New Need:2019-2044 20,000 7,025 3,694 3,870 2,765 348 394 1,904 I 3,822
U
Renton Total Future Need: 2044 60,362 5,520 2,393 7,830 10,278 11,925 8,193 14,223 3,362
Baseline Supply: 2019 43,362 1,410 232 6,206 9,259 10,863 6,988 8,404 114 0
Net New Need:2019-2044 17,000 4,110 2,161 1,624 1,019 1,062 1,205 5,819 3,248
SeaTac Total Future Need: 2044 17,674 960 352 3,217 4,184 2,886 1,558 4,517 I 1,127
Baseline Supply:2019 11,774 314 12 3,034 4,041 2,283 875 1,215
Net New Need:2019-2044 5,900 646 340 183 143 603 683 3,302 1,127
00
Tukwila Total Future Need: 2044 15,243 1,148 559 2,548 3,275 2,210 1,317 4,186 1,242 M
Baseline Supply:2019 8,743 252 88 2,274 3,061 1,600 625 843 _ o
Net New Need:2019-2044 6,500 896 471 274 214 610 692 3,343 1,242
Des Moines Total Future Need: 2044 17,022 1,246 415 2,857 3,537 2,933 1,948 4,086 I 726 N
C I m
Baseline Supply:2019 13,222 456 _ 2,626 3,310 2,652 1,630 2,548
Net New Need:2019-2044 3,800 790 415 231 227 281 318 1,538 I 726 c
u ' d
f° Kenmore Total Future Need: 2044 12,659 1,422 559 1,318 1,576 1,352 1,602 4,830 I 620 E
Baseline Supply: 2019 9,589 359 - 835 1,183 1,277 1,517 4,418 33 u
Net New Need:2019-2044 3,070 1,063 559 483 393 75 85 412 587 Q
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4.D.b
Jurisdictional Permanent Housing Needs
I Jurisdictional
0 to 530% j Emergency a
Total Non- PSH >30 to >50 to >80 to >100 to >120% Housing Needs '0
PSH 550% 580% 5100% 5120% I Q
Lake Forest Total Future Need: 2044 6,434 441 173 428 515 712 1,056 3,109 I 166 w
Park Baseline Supply:2019 5,564 128 9 285 375 698 1,040 3,029 I 'D
Net New Need:2019-2044 870 313 164 143 140 14 16 80 166 d
Mercer Island Total Future Need: 2044 11,808 613 178 487 674 1,510 1,239 7,107 237
Baseline Supply: 2019 10,569 274 - 285 186 1,506 1,234 7,084
C Net New Need:2019-2044 1,239 339 178 202 488 4 5 23 237 d
L
Newcastle Total Future Need: 2044 6,952 703 329 566 399 614 514 3,827 283
U Baseline Supply:2019 5,472 76 - 133 377 605 504 3,777
Net New Need:2019-2044 1,480 627 329 433 22 9 10 50 283
Shoreline Total Future Need: 2044 37,372 4,776 1,991 4,234 4,499 5,059 4,109 12,704 I 2,620 V
= Baseline Supply: 2019 24,042 1,159 89 1,524 3,759 4,486 3,459 9,566 73
Net New Need:2019-2044 13,330 3,617 1,902 2,710 740 573 650 3,138 I 2,547
Woodinville Total Future Need: 2044 7,928 921 449 640 625 1,360 902 3,031 388 'a
Baseline Supply: 2019 5,895 67 - 286 469 1,331 869 2,873 _ o
Net New Need:2019-2044 2,033 854 449 354 156 29 33 158 388
Algona Total Future Need: 2044 1,219 55 17 318 407 196 88 138 I 32 vci
Baseline Supply:2019 1,049 23 310 400 182 72 62
Net New Need:2019-2044 170 32 17 8 7 14 16 76 32 w
Beaux Arts10 Total Future Need: 2044 120 1 - 4 9 2 10 94 I - M
E
3 Baseline Supply:2019 119 - = 4 9 2 10 94 _ o
Net New Need:2019-2044 1 1
LA Black Diamond Total Future Need: 2044 4,742 826 392 445 641 512 498 1,428 554 N
v m
u Baseline Supply:2019 1,842 81 _ 242 231 361 327 600
Net New Need:2019-2044 2,900 745 392 203 410 151 171 828 I 554 c
Carnation Total Future Need: 2044 1,614 244 126 164 215 130 111 624 I 153 E
I �
Baseline Supply: 2019 815 5 - 141 130 87 63 389 _
Net New Need:2019-2044 799 239 126 23 85 43 48 235 153 Q
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4.D.b
Jurisdictional Permanent Housing Needs I Jurisdictional
0 to 530% j Emergency a
Non- >30 to >50 to >80 to >100 to o I Housing Needs
Total PSH >120/
PSH 550% 580% 5100% 5120% I Q
Clyde Hill Total Future Need: 2044 1,106 27 2 30 26 52 104 865 I 2 '
Baseline Supply: 2019 1,096 24 - 28 23 52 104 865
Net New Need:2019-2044 10 3 2 2 3 - _ - I 2 a
Covington Total Future Need: 2044 11,460 1,087 535 1,165 1,821 1,875 1,457 3,520 824 c
Baseline Supply:2019 7,150 71 - 562 1,821 1,592 1,136 1,968 I
Net New Need:2019-2044 4,310 1,016 535 603 - 283 321 1,552 824 d
Duvall Total Future Need: 2044 3,668 316 141 221 341 323 321 2,005 195
Baseline Supply: 2019 2,778 48 - 221 75 295 289 1,850 I 25 3
Net New Need:2019-2044 890 268 141 266 28 32 155 I 170 c
Enumclaw Total Future Need: 2044 6,422 436 85 1,520 1,665 1,141 461 1,114 I 202 V
I
Baseline Supply:2019 5,365 274 - 1,481 1,604 1,048 355 603 I
c Net New Need: 2019-2044 1,057 162 85 39 61 93 106 511 202
Hunts Point10 Total Future Need: 2044 186 1 = 15 5 3 15 147
Baseline Supply:2019 185 - = 15 5 3 15 147 = o
a, Net New Need:2019-2044 1 1
Maple Valley Total Future Need: 2044 11,155 706 285 752 1,070 2,372 2,065 3,905 329 y
I m
Baseline Supply:2019 9,435 164 - 432 1,044 2,300 1984, 3,511 I Net New Need:2019-2044 1,720 542 285 320 26 72 _ 81 394 329 w
00
Medina Total Future Need: 2044 1,151 34 3 32 26 45 107 904 I 4 M
Baseline Supply:2019 1,132 29 - 29 18 45 107 904
- I - o
Net New Need:2019-2044 19 5 3 3 8 = - _ 4
Milton Total Future Need: 2044 737 20 7 211 119 224 74 82 10 N
Baseline Supply: 2019 687 7 - 211 111 221 71 66 I
Net New Need:2019-2044 50 13 7 - 8 3 3 16 10
m
Normandy Total Future Need: 2044 2,960 170 21 166 285 230 826 1,262 I 29 E
Park Baseline Supply:2019 2,807 129 134 268 224 820 11232 U
r
Net New Need:2019-2044 153 41 21 32 17 6 6 30 29 Q
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4.D.b
Jurisdictional Permanent Housing Needs I
I Jurisdictional
0 to 530% i Emergency a
Non- >30 to >50 to >80 to >100 to Housing Needs
Total PSH >120/
PSH :550% :580% :5100% :5120% I Q
North Bend Total Future Need: 2044 4,699 562 228 526 626 462 383 1,912 334 rn
Baseline Supply: 2019 2,951 129 - 405 405 364 272 1,376
Net New Need:2019-2044 1,748 433 228 121 221 98 111 536 334 a
Pacific Total Future Need: 2044 2,601 60 12 814 889 474 157 195 26
Baseline Supply:2019 2,466 37 - 810 883 462 144 130 I -
Net New Need:2019-2044 135 23 12 4 6 12 13 65 26 d
Sammamish Total Future Need: 2044 24,643 1,060 499 760 773 1,899 2,024 17,628 401
3 Baseline Supply: 2019 22,543 110 - 341 541 1,899 2,024 17,628
10 Net New Need:2019-2044 2,100 950 499 419 232 - - - I 401CO
c
LM Skykomish Total Future Need: 2044 163 11 1 67 19 25 7 33 I 2 V
v - - - -
u Baseline Supply:2019 153 9 - 67 18 24 6 29 _ zm
Net New Need:2019-2044 10 2 1 - 1 1 1 4 1 2
Snogualmie Total Future Need: 2044 6,174 521 248 379 349 413 630 3,634 I 318
Baseline Supply:2019 4,674 49 - 146 267 352 561 3,299 31 0
Net New Need:2019-2044 1,500 472 248 233 82 61 69 335 287
Yarrow Point Total Future Need: 2044 423 8 2 7 9 20 39 338 I 2 y
- I m
Baseline Supply:2019 413 4 - 4 8 20 39 338 I -
Net New Need:2019-2044 10 4 2 3 1 - - _ 2 w
-i Urban Total Future Need: 2044 90,067 3,770 608 7,079 11,218 11,018 9,252 47,122 I 11109 r�°i
v Unincorporate Baseline Supply:2019 84,655 2,613 6,508 10,926 10,652 8,837 45,119 I 75 c
r L d - - o
ml p - ; ++
Net New Need:2019-2044 5,412 1,157 608 571 292 366 415 2,003 1,034
c I
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4.D.b
ATTACHMENT A
7 The countywide need projections are derived from the Washington State Department of Commerce and were adjusted to
align with the adopted housing growth targets for the planning period to ensure jurisdictions are planning for growth that is
consistent with the goals of the Development Patterns Chapter.
8"Emergency Housing"includes emergency housing and emergency shelter and is in addition to permanent housing needs.
9 Data on baseline housing supply is estimated using 2020 Office of Financial Management data on total housing units,and
2014-2018 Comprehensive Housing Affordability Strategy and 2020 Public Use Microdata Sample data on the distribution of
units at different income levels.These data sources are used to align with Department of Commerce countywide need baseline
data,even though the King County growth target setting process began in 2019.
10 Beaux Arts Village and Hunts Point both have growth targets of one unit,meaning their total need allocated is also one unit. Q
The allocation process divides that unit up into multiple area median income bands,but to get need allocations that are whole
numbers,we round all allocations in each area median income band and the Emergency Housing/Shelter category. Q
11 This includes all Potential Annexation Areas within the High Capacity Transit Communities and Urban Unincorporated King ayi
County regional geographies. v
0
a-
NOTE: Renumber all subsequent footnotes in Appendix 4 accordingly, and in subsequent
Appendices in the CPPs. 2
a
m
In Appendix 4: Housing Technical Appendix, starting on page 74, amend as follows:
Policy H-3: Housing Supply and Needs Analysis c
U
As set forth in policy H-((4))3, each jurisdiction must include in its comprehensive plan an ate,
inventory of the existing housing stock and an analysis of both existing housing needs and ;
housing needed to accommodate projected population growth over the planning period. This
policy reinforces requirements of the Growth Management Act for local housing o
(( ts)) elements. The housing supply and needs analysis is referred to in this appendix as
the housing analysis.((^ peted pelie • H ' H 2 and H ^, the)) The housing analysis must
leeal ^ ^11 ^,; C:eu +ywi de heusiRg nee )) include the jurisdiction's established
housing needs expressed in Table H-1 and Table H-2 because each jurisdiction has a o
c�
responsibility to ((addFess)) plan for and accommodate its allocated share of the countywide
((affordable)) housing needs. o
0
The purpose of this section is to provide further guidance to local jurisdictions on the subjects
to be addressed in their housing analysis. Additional guidance on carrying out the housing
analysis is found in the Puget Sound Regional Council's report, "Housing Element Guide ((�4
DCDP' /_;lone^ PapeF (jury 2014))) (February 2023)," Washington State Department of
Commerce's report, "Guidance for Developing a Housing Needs Assessment" (March 2020); and r
Q
the Washington Administrative Code, particularly 365-196-410 (2)(b) and (c).((T"^ ` aShi^rtt^^
State Department ^ )) Commerce also provides useful information about housing requirements
under the Growth Management Act in the "Growth Management Planning for Housing -
Washington State Department of Commerce" portion of their website.
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4.D.b
((un n supply
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Page 27
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4.D.b
API'Aod in +ho +o+;;lc in T-,hlo u 2 +'
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these May GhaRge slightly. eaF to „ v
a�
n CuAc uses RN In f r rent-al units and Vul In fAr AwiqPrchin nits as measHices 9 C
affordability that ceFresPeRd te AMI. For example, units that have a value of "less thaR
r
R
O
O
3
O
to
nue ess thaR or n tA- category. y
nlita te IIDSn
CO
, assume uhat M
eR
O
��ALAI nitc in T-,hlo u_2 -pro ron+-al Mini+c This -� mn+inn is made hor-�iico nf+hnd*StFib6ltiE)R of home prices in KiRg t,
County,
where almest Re homes are affordable to O
rn
households making n 20 n n+ AMI d
�i
d
E
+haR n equal to yul In n" tegeF" h-ye ho ndod +n he equal +n 30_50 n n+ �
Anal mhinn tho+n+-,Ic of o P-h t-,hlo+n Rot ntyWido tetaic ouI In -,nd VW, In Q
earriNned and re labeled with the AM! eategeFies seeR on Table H 3. Whole eategeFies
above 80 peFeeRt deRft align between renter and GWReFSh*P tables, they GaR all be
eemhinod into o ever 40 percent Annl eategeF
6. TheR take the sunq of each AM! band te get the value On the u n
u n
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h rp fr.r mArpY f. r. , + ., !-161 S's r .,. iRg ., eth.,.Jeleg„1 This haS eRly - -,I
,
tot;I h f '+ A ^v
I t2 t h;#t h e t$tt;I S-I,TC Qe��irt�}C�°�evfrTAt;41 W, I"e�" r crrriTS�-r
f -,hl., .Ji„irl , +h., "f} f HI I" I tS by " t-I H' "' I +=
Sef�Tvn-vrt�t rr-iT--r-r�EArcivurrc., ^,r t�}CiTATcrr�-r�C�rcnT-fT Q
O
.,+ f.,r ., P-h j6IFiSdiGtieR.:7. Te find the 'a3
Q
"A.11
n " „
to
i=evvv5-iA th}p '=I9 �v�t6e 1521rc�tif•1'�irt2 AfrTAtt;41 W^e6lSH g WROtS" CAIra-r'""rnAi-'mRrt
' O
d
Of h ee s+Rg� 19$9;199C-pFeseRt. Sum these values t e get the tA_t;_41
UR
d
„° „ he a�
3
w
c
O
U
W 011 give yel-, the teta I I-IRitS FepeFted OR "C-eURtyi d e-Tot a1 HU, 2Q 19" Kew.
9. Add the euicFeRt "Countywide Total HU, 2Q19" totals by AM! with the "Tetal Additional
r
�a
Afferd-,hle L.eIASiRg I IY,i+o Needed" (2010_2044) by nnnl r erte d in T-,hle 4 9 todeterm4ne thp- TA-t--;;' Afferdable He6lSiRg Units Needed by 2044 iR Table H 1, which �
C
O
3
N
d
w
T;4hlp H 3; Housing AffeFdability fell: Kong County juFisdiGtions by Regional Geegr,�
CC
CO
4 14W 20195
o..&nai r_ Phy....a 8-300 Al m--..,�°6-,.,.G n 9de�89-i°6 R{Wl1 9-30,-AN!1 m
#-Of-KU 44f-1U 4"€ 4.f-4U Total M41 7eYa4 Ml1 C
3
❑� �^ 1,;rso 3% 2514 544. 6,363 14-% 46,409 Ste°! 57,327 62,372 0
Seale I 19,330 6% 32,655 1"0 55,910 ice% 6" 0 367-;80Fi fn
f.....�� ' IW
Acmb FR 1,335 5% 3,409 38% 61&W 2" ;1,660 344A 24,9&s 27,391
8e£laell 390 404 3,200 44-OA 2-,975 49-/ 7,215 F6°A 10,880 i2�208
Ruriea 985 5% 4579 2" 5,155 274 8,80.3 42% 39;9-22 20,793 d
Cea,�F,'Way 4 430 44A 9�78 2" 12,450 35% 42,693 3" 33,743 37,257 E
Issaquah 715 514 845 6% 3,770 32% 11,750 78°A 15,080 i6,801
Kea! 119 4% 11195 25% 44;769 33% 36i728 37% 44654 48,2-28 fC
Kirkland 1,125 30A 23 6% 4,775 13% 28,405 78°A 36,630 39,12 Q
Redmond 640 310/0 ,3 5% 279S 11% m,365 814 25,035 28;619
Renton 4,7_10 4% 7;, 19% '^,160 26% 20,133 -54% 39,298 42,855
Sea7ae 350 30A 3,400 34% 3,460 350A 2,799 290A 10,009 ,^
Tukwila 385 5% 2,350 30% 2IG80 3" _1_1 9 27% 7;424 8-,445
_h
Des MO Res «I f 68S 5% 3-015 25% 21499 21% 244 44% 1 '843 12,898
KeRrReFe 255 30A 4,B 12% 1,49G 44% 6;�5 74% 8-14650 3 4&S
L,'• per„<•o�•k I 105 2-OA 344 7% 419 8% 4,325 830A 5,143 5,494
n n,..,.,..i.aRel 279 30A 380 4% 400 4% 97G1S 900 40,065 40,506
n^�a4le 60 3OA 145 3% 480 ice% 3,699 9" 4,354 5,214
�h,��l Re 1,180 5% 2;090 9% 4440 20% 14,425 65% 22,135 24,127
Udeedin',ille 150 3% 280 6% 495 4" 3S2S 814 4,-7&0 5,45O
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Algona 8 410/ 404 4346 350 3846 469 490A 934 41-053
0°6 8 6°6 4 346 444 9" 426 449
RI-.GI(n,...,....+ 49 2116 350 24A 239 4" 4,C);Z0 6" 4,690 3;888
CaFnatqan 34 " 439 140A 434 240/6 354 5546 644 842
Clyde ill 40 44 39 346 4-5 4°6 3;055 9" 4,119 4300
6av agtea 460 2-0h 740 440/, 2_80 3346 3,770 5446 71- 00 7-1192
1) "all 50 246 299 8 6 2-59 4" 2085 84-O6 2 5m 2,6m
rRUMPIal" 255 6 1,469 34-% 1,495 32-% 4,515 3-O 4,744 5;225
Hunts NAM 4 346 32 846 4 346 439 8746 439 "6
nn..r Valley 220 246 §39 646 4;459 4" 6,650 7 8,858 9;2$6
IAedina 43 40/. 33 2-OA 40 40A 'n25 9646 4-1169 4;233
PA Itaa 20 6°6 99 2-" 59 4z46 475 5" 33-3 699
^,O, ^gym• 439 546 23-5 8 220 S 2,200 _7" 2,865 2,8;Z6 Q
95 46 340 4446 390 4646 11565 Fi5°6 2-, 0 21-733 O
Raei#E 40 246 934 3" 849 3" 600 2" 2,414 2,460 'a
�RFRFRaFR 480 4% 365 2-OA 853 446 33,615 9346 2,� 22,159 Q
S ,h 4 646 23 344% 8 320/6 33 4946 68 423 '
SaeqUak»ie 45 446 464 446 293 746 3,664 8" 4,1;Z1 4 748 N
N
`/aFFOW Reiat 4 4% 4 40A 8 2-OA 449 9646 435 416 V
UninEOFPOFated KiRg COURty 2-,465 346 22&7 4&% 12,223 32°6 48s320 69°6 '^ 9' O
d
r...........,:a.,Total uI I 2017. 38,639 5;6 , 1396 160,401 49,6 538,834 64% 842-,3$} 956;3-24
Countywide Total HU, 6 44000 546122,000 43,6 180,000 -W% 610,000 64% 956,000 �
C
fC
by 2944 488 009 4544 48009 i546 236,000 4946 644000 54 6 1,253,000a
O
,S n- r c e -0 19 data fFOFn Office of Hnancial Management's AprH I posteensal estimates of housing: 1980 1990 present. 0
O
U
Washington State Office of Financial Management's Apr'!I posteensal estimates of housing:1980,1990 present.Ngures are
.�'
Feunded see.v.ethedr.legy abnr p fer h.ny,4o rPc;rr aAP',RR;'_vqr Pd♦r tak
I.L
Housing Needs °
The housing needs part of the housing analysis should include demographic data related to 0
existing population, household and community trends that could impact future housing
demand (e.g.,aging of population). This data will be derived from a mixture of jurisdictional
CO
records, ((ee )) County datasets, ((she)) State datasets, and ((fedeFal)) Federal datasets.
FIL
The identified need for future housing should be consistent with the jurisdiction's ((pepulatieR)) r_
housing growth and ((heYsiRg targ the jurisdiction's share of countywide housing needs, 3
found in Tables H-1 and H-2. Combined with the results of the needs analysis, these data can N
provide direction on appropriate goals and policies for both the housing and land use elements W
of a jurisdiction's comprehensive plan. c
as
E
The following guidance is offered to ensure the housing inventory and analysis data is U
r
consistently utilized and reported by all jurisdictions in King County: Q
• (( means the ,
is included in table H 2
• n this appendix. The Geunty will update this ta-ble aRR61ally aRG1 Make 2t avaol;;hlp
ewe.)) Housing Needs means the needs articulated in Tables H-1 and H-2.
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• Moderate-, low-, very low- and extremely low-income households means greater than 80
to less than or equal to 120 percent, greater than 50 to less than or equal to 80 percent,
greater than 30 to less than or equal to 50 percent, and 0 to less than or equal to 30
percent of area median income respectively.
• Permanent supportive housing, emergency housing, and emergency shelters are
defined in the Growth Management Act and relevant Commerce guidance.
• Age means built in 2014 or later, built 2010 to 2013, built 2000 to 2009, built 1990-1999,
built 1980 to 1989, built 1970 to 1979, built 1960 to 1969, built 1950 to 1959, built 1940 0
to 1949, built 1939 or earlier.
Q
• Number of bedrooms means no bedroom, 1 bedroom, 2 or 3 bedrooms, and 4 or more v,
a�
bedrooms. 2
• Condition means lacking complete plumbing facilities, lacking complete kitchen facilities, a
and/or no telephone service available. c
• Tenure means renter-occupied and owner-occupied.
• Income-restricted units should be reported by ((AM4)) area median income limit (i.e., a-
a�
<_30 percent ((AM4)) area median income, <_50 percent ((AM4)) area median income, and 3
<_80 percent ((AM4)) area median income.
• Moderate-density housing means the following housing types: 1-unit attached; 2 units; 3 0
or 4 units; 5 to 9 units; 10 to 19 units. High-density housing means the following housing a,
c
types: 20 or more units.
• Accessory dwelling unit means a small, self-contained residential unit built on the same
lot as an existing single-family home. Accessory dwelling units may be built within a o
primary residence or detached from the primary residence.
• ((,H e u se h e l d-i R eeme by n n n i m ea R s equal te er less tha30 percent Ate^!,tee-3o ch
PIe ceRt to 50 peFceRt MI; above Sn reeRt tG 90 p reeRt M!, above 90 peFeeRt to
�o cri.cri�cv cri,cri c� cri,cri Ica
l(K) percent AM!, abeve 100 perceRtte 120 percent AM! and -,hevea 129�Fee t nnn� CO
V'lT-Cf�J'�V� 2ZV Cr•I.cT C�1TVTr)) CO
W
• Housing cost burden means a household spends more than 30 percent of its household
income on housing costs. o
• Severe housing cost burden means a household spends more than 50 percent of its o
household income on housing costs.
• Displacement risk means where residents and businesses are at greater risk of
c
displacement based on (( E',;)) Puget Sound Regional Council's index or equivalent E
composite set of risk indicators such as: socio-demographics, transportation qualities,
neighborhood characteristics, housing, and civic engagement. Q
Policy H-((-5))4: Evaluate Effectiveness
Prior to updating their comprehensive plan, a jurisdiction must evaluate the effectiveness of
existing housing policies and strategies to ((meet)) plan for and accommodate (( ;t))
their allocated share of countywide need. This will help a jurisdiction identify the need to adjust
current policies and strategies or implement new ones. Where possible,jurisdictions are
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4.D.b
encouraged to identify actual housing units created, by affordability level, since their last
comprehensive plan update.
This evaluation must also identify gaps in existing partnerships, policies, and dedicated
resources for meeting the countywide need and eliminating racial and other disparities in
access to housing and neighborhoods of choice. This exercise helps a jurisdiction understand
what other strategies it should pursue beyond updating the comprehensive plan to meet the
goals of this chapter. Some strategies, like inclusionary housing or new dedicated resources, will 0-
0
be easier to evaluate a quantitative impact and for others, it may be more qualitative.
a
Jurisdictions without the ability to identify the impact of each policy may wish to describe the
policies and programs that contributed to creating or preserving a given number of income- °;
restricted units, special needs housing units, etc. 0
a�
c
Policy H-((6))5: Racial Exclusion and Discrimination
c�
a
To inform a comprehensive plan strategy, a jurisdiction must also document the local history of
racially exclusive and discriminatory land use and housing practices, consistent with local and
regional fair housing reports and other resources. 3
A jurisdiction must also explain the extent to which that history is still reflected in current v
development patterns, housing conditions, tenure, and access to opportunity. Examples of
suitable data include, but are not limited to:
• homeownership rates by race/ethnicity and age;
• concentration or dispersion of affordable housing or housing choice voucher usage o
within the jurisdiction; o
• affordability of housing in the jurisdiction to the median income household of different
races and ethnicities;
�o
• racial demographics by neighborhood, e.g.,degrees of integration and segregation; CO
• access to areas of opportunity by race and ethnicity; C
0
• demographics of residents in areas of high displacement risk; and
• results of fair housing testing performed or fair housing complaint data within a 0
jurisdiction.
a�
c
as
Jurisdictions must also identify local policies and regulations that result in racially disparate E
impacts, displacement, and exclusion in housing, including but not limited to: r
r
• zoning that may have a discriminatory effect; Q
• disinvestment; and
• infrastructure availability.
Racially restrictive housing covenants, unrecognized treaties with Tribes, current exclusionary
zoning, and lack of investment in affordable housing are examples of discriminatory practices or
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4.D.b
policies a jurisdiction could include in an assessment. Jurisdictions should not limit their review
to local policies and regulations. The region should share resources and work together to
develop a shared understanding of how racist or discriminatory housing practices and
disparities were perpetuated by all levels of government as well as the private sector. While
each jurisdiction's assessment will be unique, King County jurisdictions are encouraged to
identify federal, state, and regional practices as well as local.
Finally, a jurisdiction must demonstrate how current strategies are addressing impacts of those a
0
racially exclusive and discriminatory policies and practices. Using this information jurisdictions
a
should identify and implement policies and regulations to address and begin to undo racially y
disparate impacts, displacement, and exclusion in housing caused by local policies, plans, and °;
actions consistent with the policies in the "Implement Policies and Strategies to Equitably Meet 0
Housing Needs" section.
c
Jurisdictions are encouraged to refer to the 2019 King County Analysis of Impediments to Fair
Housing Choice (Analysis of Impediments) to understand current barriers to fair housing choice. :2
In addition to the guidance offered in this technical appendix, the County will support
jurisdictions in identifying and compiling resources, such as University of Washington reports c
and databases, to support this analysis. v
c
For further guidance on this analysis, refer to guidance on conducting a racially disparate
impact analysis from the Department of Commerce.
c
0
Policy H-((-7))6: Collaborate Regionally
a�
The lack of homes affordable to low-income households is a regional problem that requires
regional solutions. Jurisdictional collaboration with diverse partners is key to an effective CO
regional response. Jurisdictions in their collaboration are encouraged to:
c
• address ((t4e)) countywide housing needs; 0
• engage and collaborate with other entities in efforts to fund, site, and build affordable o
housing; N
a�
• join resources;
• raise public and private resources together to provide the additional subsidies required E
to develop housing at deeper levels of affordability; U
r
• support affordable housing development or preservation in each other's jurisdictions; Q
and
• take other collaborative action to address the countywide housing needs.
Refer to the Washington State Department of Commerce's guidance for additional
recommendations for the potential and appropriate roles for intedurisdictional partnerships in
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meeting housing needs as well as how these roles should be reflected in countywide planning
policies and comprehensive plans.
Partners collaborating with jurisdictions are encouraged to support the following needs:
• technical assistance;
• organizational capacity building;
• land donations;
izr
• financial contributions for operating and capital needs to support affordable housing o
development, maintenance and operations needs; a
• funding for other needs such as data and monitoring infrastructure; and
• advocate for efforts to fund, site, and build affordable housing. .2
0
a-
a�
Policies H-((3))g through H-((2-4))25: Implement Policies and Strategies to Meet Housing
c
Needs Equitably
a
Jurisdictions need to employ a range of policies, incentives, strategies, actions, and regulations :2
tailored to equitably meet their housing need. The Puget Sound Regional Council's Housing
Innovations Program((7))12 presents a range of strategies. The strategies can be filtered by c
objective, project type, and affordability level. Strategies marked with an asterisk include more v
detail and are proven to be particularly effective at meeting regional housing goals. The
Municipal Research and Services Center (MSRC) ((and ` ashiRgten State gepaFtmelclt ef -
r-^mm eFee also)) offers affordable housing-related resources on their websites, including �
c
information about techniques and incentives for encouraging and planning for housing
affordability. The Washington State Department of Commerce also provides access to ample o
resources, including guidance on how to complete the land capacity analysis required in H-11
and on other adequate provisions jurisdictions can take to plan for and accommodate housing �o
CO
needs. W
M
C
O
Local jurisdictions may also refer to this table for suitable strategies, largely derived from
recommendations from the December 2018 Regional Affordable Housing Task Force Final
Report and Recommendations. King County's Department of Community and Human Services
will work to periodically update these suggestions on the King County website if new strategies
and best practices emerge. E
U
((7))12((P s))Puget Sound Regional Council's Housing Innovations Program ihttps://www.psrc.org/hip]website provides a Q
searchable database of dozens of suggested strategies.Please refer to their database for a more comprehensive list of
strategies.
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In Appendix 4: Housing Technical Appendix, starting on page 82, amend as follows. Unamended
sections of Table H-((4))3 and sections with only renumbered policies are excluded. Renumber
policies H-9, H-20, and H-21 to H-8, H-21, and H-22, respectively:
Table H-((4))3 Suggested Strategies for Achieving Policy Goals
Policy Suggested Strategies
H-((14))9 Adopt intentional, targeted actions A suggested approach to identifying
that repair harms to Black, Indigenous, and reparative strategies includes:
People of Color (((l3IPQG))) households from • Looking at how current policies are o
past and current racially exclusive and working to undo past racially exclusive a
discriminatory land use and housing and discriminatory land use and housing
as
practices (generally identified through Policy practices or where they might be
H-((6))5). Promote equitable outcomes in perpetuating that history a
partnership with communities most • When current policies are perpetuating c
impacted. the harm, implementing equitable
countermeasures to remove those policies a
as
and their impacts and mitigate disparate :2
impacts on housing choice, access, and
c
affordability c
• Using ((ems)) Puget Sound Regional v
a�
Council's Regional Equity Strategy and ,
associated tools and resources to center
equity in comprehensive planning
0
processes and intended outcomes
0
Specific policies and strategies include:
• Reduce or eliminate exclusionary zoning
CO
• Implement anti-displacement strategies,
which include addressing housing stability o
for low-income renters and owners as well
as preserving cultural diversity of the
community
• Implement policies that increase
affordable homeownership opportunities M
for Black, Indigenous, and People of Color Q
communities
• Distribute affordable housing throughout
a jurisdiction, with a focus on areas of
opportunity
• Consider environmental health of
neighborhoods where affordable housing
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Table H-((4))3 Suggested Strategies for Achieving Policy Goals
Policy Suggested Strategies
exists or is planned and plan for
environmentally healthy neighborhoods
• Support and prioritize projects that
promote access to opportunity, anti-
displacement, and wealth-building
opportunities for Black, Indigenous, and o
People of Color communities a
N
N
Strategies for promoting equitable outcomes U
in partnership with communities most a-
impacted include: c
• Utilize an equity impact review tool when
developing or implementing policies or a
as
strategies :2
• Create and utilize a community ..
c
engagement toolkit c
• Intentionally include and solicit
engagement from members of ,
communities of color or low-income
households in policy decision-making and o
committees
H-((44))10 Adopt policies, incentives, Suggested strategies to help ((mot)) plan for
m
strategies, actions, and regulations that and accommodate the need at these
increase the supply of long-term income- affordability levels include:
CO
restricted housing for extremely low-, very • Increase financial contributions to build,
low-, and low-income households and preserve, and operate long-term income- o
households with special needs. restricted housing
0
• Increase the overall supply and diversity of
housing throughout a jurisdiction,
including both rental and ownership
• Provide housing suitable for a range of
household types and sizes, including Q
housing suitable and affordable for
households with special needs, low-, very
low-, and extremely low-incomes
Implement policies that incentivize the
creation of affordable units, such as
Multifamily Tax Exemption, inclusionary
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Table H-((4))3 Suggested Strategies for Achieving Policy Goals
Policy Suggested Strategies
zoning, and incentive zoning, and density
bonus
• Coordinate with local housing authorities
to use project-based rental subsidies with
incentive/ inclusionary housing units to
achieve deeper affordability o
• Implement policies that reduce the cost to 'a
develop affordable housing
• Implement universal design principles to .2
ensure that buildings and public spaces a
are accessible to people with or without c
disabilities
• Support sustainable housing development a-
a�
• Promote units that accommodate large 3
households and/or multiple bedrooms
• Prioritize strategies for implementation c
that will result in the highest impact a,
c
towards addressing the affordable
housing gap at the lowest income levels
H-((44))11 Identify sufficient capacity of land ((n;,-appFeeleh Y ^rt r i iE:Gcinn o
for housing including, but not limited to: ,-- pacit„fer he siRg t„p-,
income-restricted housing; housing for . C e Rsider the IAeal @Rd FegieRal hG61S;n ch
moderate-, low-, very low-, and extremely Reeds and available land eapacit-y
low-income households; manufactured WeptifTed i.p H-4. Per example, a CO
housing; multifamily housing; group homes; j6lFisdietien that ,,,runt h-,, -,,o n„
,- R
foster care facilities; emergency housing; r h� Cora r o„r to may still onal t„ pFeyide 0
emergency shelters; permanent supportive
0
housing; and within an urban growth area unmet need exists within the couRty n a
boundary, duplexes, triplexes, and
c
townhomes. •—fieCe Fmine if eurreTlrcaparity Tj�Tfic-ieTZ
to meet�turerleer�sPer example, mest LLLU
r
r
Q
multifamily
• CeIl-'iTcrberace"."rmvtcrher jurrisdietieRs to
ideratify the subrcgieRal eF Ge6lR YW e
,., wit" r n.dn.d fnr there he,isipg types if
e urreRt Reed Within - juirisdieti()R4
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4.D.b
Table H-((4))3 Suggested Strategies for Achieving Policy Goals
Policy Suggested Strategies
,d fer that he USmRg type))
Refer to the Washington State Department of
Commerce's guidance on land capacity
analysis for guidance on identifying sufficient
capacity of land. o
H-12 Adopt and implement policies that A jurisdiction's policies and strategies adopted 'a
improve the effectiveness of existing and implemented in response to policy H-12
°
housing policies and strategies and address should be informed by the ineffective policies
gaps in partnerships, policies, and dedicated and gaps in partnerships, policies and °
a
resources to meet the jurisdiction's housing dedicated resources identified through the
needs. analysis required by H-4. A jurisdiction may c
find that several comprehensive plan policies a
and implementation of these policies end up
supporting the intent of policy H-12. ?+
Example approaches to improving policy c
effectiveness and addressing gaps in v
partnerships, policies, and dedicated
resources to meet countywide housing needs
include: C
c
• Reducing permitting timelines for 3
affordable projects receiving public 0
Ch
funding
• Shifting incentive program requirements
CO
to accommodate development at
different Area Median Income levels o
• Working with subregional collaborations
to increase availability and flexibility of
gap financing for local projects
• Partner with local housing providers and a
developers to identify needed shifts in
development regulations and public r
resources to support affordable housing Q
development and preservation
• Facilitate partnerships between
community-based organizations and
affordable housing developers to develop
community-led affordable developments
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Table H-((4))3 Suggested Strategies for Achieving Policy Goals
Policy Suggested Strategies
• Establishing or enhancing a housing levy
• Retooling a Multifamily Tax Exemption
program to improve its effectiveness
and/or increase utilization
• Increase regulatory flexibility and
incentives for affordable housing (e.g.,
0
reduced parking requirements) Q
H-13 Implement strategies to overcome cost Suggested strategies to overcome cost
barriers to housing affordability. Strategies barriers to housing affordability to consider .2
to do this vary but can include updating addressing include: a
development standards and regulations, • Reduce vehicular parking requirements
shortening permit timelines, implementing • Reduce permitting timelines
online permitting, optimizing residential • Increase the predictability of the a-
a�
densities, reducing parking requirements, permitting process 3
and developing programs, policies, • Reduce sewer fees for affordable housing
partnerships, and incentives to decrease • Reduce utility, impact and other fees for 0
costs to build and preserve affordable affordable housing and ((Accessery
housing. Dw ll; g l RitS (ADW��)) accessory dwelling
r
units
• Streamline permitting process for o
affordable housing development and
((ADUs)) accessory dwelling units Ch
• Update building codes to promote more
housing growth and innovative, low-cost Co
development
• Explore incentives similar to the o
Multifamily Tax Exemption for the '
0
development of ((ADIJs)) accessory
dwelling units for low-income households
c
• Maximize and expand use of the E
Multifamily Tax Exemption
• Offer suitable public land at reduced or no Q
cost for affordable housing development
• Before implementing a policy, consider
how it will impact the cost to build
affordable homes
H-14 Prioritize the use of local and/ regional Suggested strategies to effectively prioritize
resources (e.g.,funding, surplus property) the use of resources include:
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Table H-((4))3 Suggested Strategies for Achieving Policy Goals
Policy Suggested Strategies
for income-restricted housing, particularly . Partner with communities most
for extremely low-income households, disproportionately impacted by the
populations with special needs, and others housing crisis, including extremely low-
with disproportionately greater housing income households and Black, Indigenous,
needs. Consider projects that promote and People of Color
access to opportunity, anti-displacement, communities to inform resource design o
and wealth-building for Black, Indigenous, and allocation decisions.These decisions a
and People of Color communities to support should prioritize strategies that reduce
as
implementation of policy H-((19))9. and undo disproportionate harm to these
communities consistent, recognizing that a
specific needs of these communities may c
vary based on location
• Identify and prioritize underutilized a
as
publicly owned land and nonprofit/faith :2
communities for the creation of income-
restricted housing, both rental and c
homeownership v
• Prioritize sites near transit, quality
schools, parks and other neighborhood
amenities c
0
• Fund acquisition and development of
prioritized sites
a�
• Prioritize public funding resources in a
manner consistent with policy H-((19))8CO
W
• Consider the countywide median income
levels of((R'PQC)) Black, Indigenous, and o
People of Color households when
0
designing affordable homeownership
programs and set the affordability levels
such that they are accessible to the
median ((BIPED ) Black, Indigenous, and M
People of Color households considered r
Q
H-15 Increase housing choices for Strategies to increase housing choice near
everyone—particularly those earning lower employment and affordable to all include but
wages—that is co-located with, accessible are not limited to((8)W:
to, or within a reasonable commute to major • Update zoning and land use regulations
employment centers and affordable to all (including in single-family low-rise zones)
income levels. Ensure there are zoning
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Table H-((4))3 Suggested Strategies for Achieving Policy Goals
Policy Suggested Strategies
ordinances and building policies in place that to increase density and diversify housing
allow and encourage housing production at choices, including but not limited to:
levels that improve jobs-housing balance o Accessory Dwelling Units (ADU) and
throughout the county across all income Detached Accessory Dwelling Units
levels. (DADUs)
o Duplex, Triplex, Four-plex -0
o Zero lot line townhomes, row a
houses, and stacked flats a
.2
o Micro/efficiency units o
a-
o Manufactured housing preservation
o Group homes
o Foster care facilities a
as
o Emergency housing 3
o Emergency shelters 3
o Permanent supportive housing c0
a�
o Low-rise and high-density
multifamily development
o Housing development that c
0
accommodates large households
and/or multiple bedrooms
a�
• Implement strategies that provide for
Co
affordable housing near employment
centers, such as: o
o Project-level tools like affordability o
covenants when funding income-
restricted units or development
c
agreements 0
E
o Incentives such as density bonuses, U
incentive zoning, or Multifamily Tax Q
Exemption
o Other regulatory tools such as
commercial linkage fees, inclusionary
zoning, or TOD overlays
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Table H-((4))3 Suggested Strategies for Achieving Policy Goals
Policy Suggested Strategies
o Other financial tools such as public
land for affordable housing
H-17 Support the development and Preservation strategies to consider include:
preservation of income-restricted affordable • Identify areas that may be at higher risk of
housing that is within walking distance to displacement from market forces that
planned or existing high-capacity and occur with changes to zoning o
frequent transit. development regulations and public a
capital investments and establish anti-
displacement policies, with consideration 2
0
given to the preservation of historical and a
a�
cultural communities as well as:
o investments in low-, very low-, and a
extremely low-income housing
equitable development initiatives 3
o inclusionary zoning 3
o community planning requirements; c0
tenant protections
o public land disposition policies
o consideration of land that may be c
0
used for affordable housing
• Collect data to better understand the
a�
impacts of growth, and the risks of
residential, economic, and cultural
co
displacement. Verify this data with
residents at the greatest risk of o
displacement, particularly those most
disproportionately impacted by housing
cost burden and neighborhood-based
small business owners. Supplement this a
information with regional data about M
displacement risk and ongoing r
displacement trends that can inform and Q
drive policy and programs.
• Prioritize affordable housing investments,
incentives, and preservation tools in
areas where increases in development
capacity and new public capital
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Table H-((4))3 Suggested Strategies for Achieving Policy Goals
Policy Suggested Strategies
investments are anticipated to allow
current low-income residents to stay
• Support the acquisition, rehabilitation,
and preservation of income-restricted
and naturally occurring affordable
izr
housing in areas with a high displacement o
risk, for long-term affordability serving a
households ((mow)) less than or
as
equal to 80 percent ((AM4)) area median
income a
• Leverage new development to fund c
affordable housing in the same
geography using zoning tools such as a
as
incentive/ inclusionary zoning :2
• Implement anti-displacement policies
(e.g.,community preference, tenant c
opportunity to purchase, no net loss of
affordable units, right-to-return, ,
community benefits agreements)
• Prioritize publicly owned land for c
0
affordable housing in areas at high risk of
displacement
a�
• Support community land trust and other
permanent affordability modelsCO
W
• Identify, preserve, and improve cultural FIL
assets C
0
• Increase education to maximize use of
0
property tax relief programs to help
sustain homeownership for low-income
individuals a
E
• Expand targeted foreclosure prevention M
• Preserve manufactured housing Q
communities and improve the quality of
the housing and associated infrastructure
to improve housing stability and health
for the residents while also expanding
housing choices affordable to these
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Table H-((4))3 Suggested Strategies for Achieving Policy Goals
Policy Suggested Strategies
residents, including opportunities to
cooperatively own their communities
• Encourage programs to help
homeowners access support needed to
participate in and benefit from infill
development o
H-19 Lower barriers to and promote access Suggested strategies to increase access to a
to affordable homeownership for extremely affordable homeownership for lower-income
low-, very low-, and low-income, households include: .2
households. Emphasize: • Support alternative homeownership a
a. supporting long-term affordable models that lower barriers to ownership c
homeownership opportunities for and provide long-term affordability, such
households ((mow)) less than as community land trusts, and limited or a
as
or equal to 80 percent ((AiL44)) area shared equity co-ops
median income (which may require . Encourage programs to help homeowners,
up-front initial public subsidy and particularly low-income homeowners, c
policies that support diverse housing access financing, technical support v
p pp g g, pport or
types); and other tools needed to participate in and ,
b. remedying historical inequities in and benefit from infill development
expanding access to homeownership opportunities o
opportunities for Black, Indigenous . Increase educational efforts to ensure
and People of Color communities. maximum use of property tax relief
a�
programs to help sustain homeownership
for low-income individuals
CO
• Expand targeted foreclosure prevention
• Preserve existing manufactured housing o
communities through use-specific zoning
0
or transfer of development rights
H-20 Adopt and implement policies that What partnerships, policies, and dedicated
address gaps in partnerships, policies, and resources are needed to eliminate racial and
dedicated resources to eliminate racial and other disparities in access to housing and M
other disparities in access to housing and neighborhoods of choice will depend on the Q
neighborhoods of choice. results of analysis conducted under H-4. A few
examples of strategies that could fill or assist
in filling identified gaps include:
• Establishing partnerships with local
community-based organizations headed
by and/or serving populations most
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Table H-((4))3 Suggested Strategies for Achieving Policy Goals
Policy Suggested Strategies
affected by housing cost burden, with a
focus on Black, Indigenous, and People of
Color-led or-serving organizations
• Convening community advisory
committees to oversee housing policy
implementation and to evaluate policies o
annually for discriminatory or disparate
a
Impacts y
N
• Promoting models to promote community .2
ownership or land and housing, including a°
Community Land Trusts, co-ops, or Tenant c
Opportunity to Purchase Acts
• Requiring community preference policies a
as
for recipients of jurisdictional housing
funding or building incentives ?�
c
• Prioritizing surplus public property for 0
0
community-serving uses and housing v
c
projects, in partnership with disparately ,
impacted communities
• Encouraging the use of affirmative and c
0
race-forward marketing plans in
affordable housing projects utilizing public
a�
funding
• Establishing down-payment assistance tO
CO
w
programs for first-time homebuyers, with
a focus on first-time homebuyers of color o
• Expand the allowed housing types (e.g.,
0
missing middle, multifamily) in areas with
limited affordability and remove barriers
(e.g., conditional use permits) to
constructing those types M
u
• Partner with housing authorities to Q
expand the use of housing choice
vouchers in areas that data demonstrate
are racially or economically exclusive
• Support fair housing education and
enforcement programs
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4.D.b
Table H-((4))3 Suggested Strategies for Achieving Policy Goals
Policy Suggested Strategies
H-((24))23 Adopt and implement policies Tenant protection policies to consider include:
that protect housing stability for renter • Just cause eviction for tenants with
households; expand protections and termed leases
supports for moderate-, low-, very low-, and • Increase time periods for notice of rent
extremely low-income renters and renters increases
with disabilities. • Prohibit discrimination in housing against Q-
0
tenants and potential tenants with arrest a
records, conviction records, and criminal
history .2
• Tenant relocation assistance a
a�
• Increase access to legal services
• Rental inspection programs
a
m
Supports for landlords that promote tenant :2
3
stability include:
• Establish a fund that landlords can access o
U
to make repairs so costs are not passed on a,
c
to low-income renters ;
• Increase education for tenants and
property owners regarding their o
respective rights and responsibilities
0
m
Supports for low-income renters and people
with disabilities to consider include: CO
W
• Shallow and deep rent subsidies FIL
• Emergency rental assistance o
• Services to address barriers to housing, o
including tenant screening reports and
civic legal aid
c
• Increased funding for services that help
people with disabilities stay in their homes U
and/or age in place Q
H-((24))24 Adopt and implement programs Strategies to improve the quality and safety of
and policies that ensure healthy and safe housing include:
homes. • Establish and promote healthy housing
standards
• Provide home repair assistance for
households earning less
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4.D.b
Table H-((4))3 Suggested Strategies for Achieving Policy Goals
Policy Suggested Strategies
than or equal to 80 percent ((AM4)) area
median income
• Implement proactive rental inspection
programs
• Implement just cause eviction to protect
tenants from landlords retaliating if they �-
0
request basic maintenance and repairs to a
maintain a healthy and safe living
environment '2
• Partner with Aging ((&))and Disability a
organizations to integrate accessibility c
services
a
m
See the King County Board of Health
Guideline and Recommendation on Healthy ..
c
Housing for additional guidance.«'»14 0
H-((2-4))25 Plan for residential When planning for residential neighborhoods U
neighborhoods that protect and promote that protect and promote health and well-
the health and well-being of residents by being of residents, suggested strategies
supporting equitable access to parks and include: c
0
open space, safe pedestrian and bicycle • Plan for housing in conjunction with other
routes, clean air, soil and water, fresh and infrastructure investments to support
healthy foods, high-quality education from equitable access to opportunity for
early learning through (( )) kindergarten households with a range of incomes and
CO
through twelfth grade, affordable and high- ensure the siting of homes is not in close FIL
quality transit options and living wage jobs to environmental hazards and pollutants o
and by avoiding or mitigating exposure to • Analyze disparities in access to amenities
0
environmental hazards and pollutants. and invest in affordable housing in areas
with high access to these amenities while
providing services and investment in areas
where low-income people live M
OsRc3))Puget Sound Regional Council's Housing Innovations Program(((HIP)..•^"site...,..,,,I 5 .-,.arehable datahase A Q
))•
((O 4 See link:https://kingcountV.gov/depts/health/board-of-health/—/media/depts/health/board-of-
health/documents/guidelines/guideline-recommendation-18-01-attachment-A.ashx
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((Policies H-25 and LI_96- Measure Results and Provide Armcau tability))Review, Monitor,
Report, and Adiust
The Affordable Housing Committee, Growth Management Planning Council, and King County
will conduct a comprehensive planning review, monitoring, reporting, and adjustment process
to ensure that jurisdictions are successful in their efforts to plan for and accommodate their
share of allocated countywide housing needs and meet the goals of this chapter. Information in
this section provides guidance to jurisdictions on their participation in this process.
a
0
H-26: Comprehensive Plan Review Q
N
The Countywide Planning Policies Housing Chapter represent an agreement between cities in °'
.2
King County on strategies to equitably meet countywide housing needs. The comprehensive 0
a
plan review process conducted by the Growth Management Planning Council or its designee is °1
c
a method of confirming that the comprehensive plans prepared by jurisdictions respond to
these countywide goals. Designated reviewers will use a set of plan review standards to
evaluate the completeness of plans in responding to the Housing Chapter, implementation :2
details for policies requiring adoption or implementation, and the meaningfulness of policies
w
that jurisdictions propose to plan for and accommodate their housing needs. A complete set of
0
standards, along with technical assistance for the comprehensive plan review process, can be v
a�
found on the King County Affordable Housing Committee website.
r
�a
H-27: Jurisdictional and County Reporting Requirements o
Success at meeting a community's need for housing can only be determined by measuring o
ch
results and evaluating changes to housing supply and need. Cities and the County will
collaborate to monitor basic information annually, as they may already do for permits and
development activity. Annual tracking of information such as new policies, new units, and CO
M
zoning changes will make periodic assessments easier and more efficient. A limited amount of
c
annual monitoring will also aid in providing timely information to decision makers. 0
0
The purpose of(("nnleas FiRg Fesults @Rd pFevidiRg -,,.,.,,,,,,tability")) monitoring and reporting is
to motivate and enhance learning, collaboration, and progress. While some ((NPR,;)) Housing
Chapter Countywide Planning Policies clearly lend themselves to quantitative measures and E
straightforward evaluation, some do not. This is often true when factors like the result of
r
engagement with disproportionately impacted community members significantly shape Q
implementation or where quantitative data is lacking. In these cases,jurisdictions have the
liberty to make any reasonable interpretation of the policy and report as completely and
honestly as possible how well the policy has been met.
((Pelicy H 25 FequiFes eities -,r,rl the Ce lRty to eellaber-,+o OA +hi- .,, .ROtA-rORg to o
eeRtoRual review of the effectiveness of local stFategies at meeting the Gountywide ))
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Policy H-27 establishes a commitment to monitor countywide and jurisdictional progress
toward meeting housing needs and eliminating disparities in access to housing and
neighborhood choices. Both King County and the cities are required to annually report data that
will assist with this monitoring process.
H-28: Annual Monitoring
a
Policy H-28 requires cities and the County to collaborate in monitoring to ensure continual 0
review of the effectiveness of local strategies at meeting the countywide need. The Affordable Q
Housing Committee will establish standardized benchmarks, housing data trends, and
.2
comparative standards using data collected under H-27 to aid in assessing progress over the o
planning period, relative to countywide trends and other jurisdictions. The information will be a
a�
collected by King County and reported annually in a public-facing, interactive regional
affordable housing dashboard. Updates on implementation strategies reported by jurisdictions
a
as part of the comprehensive plan review process will also be available on the Regional a�
Affordable Housing dashboard. Information on how to prepare implementation strategies is 3
included in the comprehensive plan review standards guidance document on the Affordable c
Housing Committee website. °
U
c
H-((2-7))29: Adjust Strategies to Meet Housing Needs
((The data)) Data collected annually provides an opportunity for cities and the County to adapt o
to changing conditions and new information when monitoring finds that the adopted strategies
are insufficient for meeting ((the eeuRtyw^ "��)) housing needs or result in the perpetuation of ch
the inequitable distribution of affordable housing. ((AdaptatiE)R strategies r befere the �
Rext eempreheRsive plaRRiRg cycle during aRRual campreheRsive plan updates, updateS W the ao
land use M
rgrowth
The KiRg County Affordable Housing Committee eaR serve -;;,.; -A fGF diSGUSSiRg regiaRal
O
3
O
recemi:nended aetie.ps te meet eeuRtywide Reed Mere effeetively GaR be Shared i.vith the
N
d
C
cd
G
To ensure the successful implementation of comprehensive plan goals related to housing
needs, the Growth Management Planning Council, Affordable Housing Committee, and King r
County will organize an adjustment period for comprehensive plans at the midpoint of the ten-
year planning cycle. The intent of the adiustment period is to provide a formal opportunity for
the Growth Management Planning Council or its designee to assess jurisdictional efforts in
planning for and accommodating needs, and to require jurisdictions to take reasonable
measures, if necessary, to address any identified shortfalls. The Growth Management Planning
Council or its designee will develop Housing Chapter amendments that articulate the procedure
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4.D.b
and adequacy standards used to assess jurisdictional efforts no earlier than 2024. This includes
work to outline the reasonable measures that the Growth Management Planning Council will
use to address shortfalls.
In developing these amendments, the Growth Management Planning Council or its designee
will develop Countywide Planning Policy amendments, informed by guidance, if available, from
the Washington State Department of Commerce, who, under directive from 2021 House Bill
1241, will organize a state-run implementation progress report process for local comprehensive a
O
plans. Per state law, the progress report process is also meant to occur at the five-year
Q
midpoint of the planning cycle. y
aD
.2
In the Glossary, starting on page 105, amend as follows: a
Glossary
((
housing as estimated at 263,000 affordable hemes affordable at E)F belew 90 pereeRt area
.r
c
,,-i-,r built ed by 2044 -, she .,Y, it T-,-hle H 1.)) 3
O
U
Extremely Low-Income Households: Households earning less than or equal to 30 percent of the
area median income ((er less)) for their household size.
c
O
Housing Needs: The number of housing units needed in King County by the end of the planning
period to ensure sufficient and attainable housing for all households. Jurisdictional housing 0
Ch
needs are shown in Table H-2.
CO
Low-Income Households: Households earning ((b 51)) greater than 50 percent ((a-)) to
less than or equal to 80 percent of the ((AR-a, Med-i-an 1peeme)) area median income for their o
household size.
0
m
Moderate-Income Households: Households earning ((he+�%8=)) greater than 80 percent
((a-)) to less than or equal to 120 percent of the ((Area MediaR Income)) area median income
aD
for their household size. E
r
r
Net New Housing Needs: The total number of new units needed in addition current housing Q
units to meet projected housing needs by the end of the planning period.
Very Low-Income Households: Households earning (("gip)) greater than 30 percent to less
than or equal to 50 percent of the ((^rp-- Med-ia n Ineeme)) area median income for their
household size.
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4.D.b
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4.D.b
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4.E
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
4^4� Julie Parascondola, CPRO, Director
•
KENT 220 Fourth Avenue South
WASHI NGTON Kent, WA 98032
253-856-5100
DATE: September 19, 2023
TO: Kent City Council - Committee of the Whole
SUBJECT: Interlocal Agreement for the Purpose of Pooling Capital
Funds with other SKHHP Cities - Authorize
MOTION: I move to authorize the Mayor to sign an interlocal agreement
with other "South King County Housing and Homelessness Partner" cities
to pool sales and use tax receipts, subject to final terms and conditions
acceptable to the Parks Director and City Attorney.
SUMMARY: House Bill 1590 ("HB 1590") was approved by the Washington State
Legislature in 2020 and amended RCW 82.14.530 to allow local governments to
impose an additional one-tenth of one percent (0.1%) sales and use tax to fund
investments in affordable housing and related services. A city's legal ability to
impose and collect this tax depended on whether and when King County had also
enacted it. On October 13, 2020, the King County Council imposed this tax
throughout King County. As a result, only those King County cities that had already
imposed this tax before October 13, 2020, were able to lawfully collect it after that
date. The City of Kent was among those cities able to collect it, as well as the South
King County cities of Covington, Maple Valley, and Renton. Staff provided an
informational presentation to City Council on September 29, 2020, regarding
options for how Council could proceed.
On October 6, 2020, City Council passed Ordinance No. 4370 relating to local sales
and use taxes; imposing the maximum capacity of the tax authorized under the
provisions of RCW 82.14.530 for housing and related services; amending Chapter
3.16 of the Kent City Code by adding a new section 3.16.036, entitled 'Additional
sales or use tax for housing and related services"; and authorizing the Mayor to use
the funds and pool resources with the South King Housing and Homelessness
Partners (SKHHP). 60 percent of revenues collected under the new ordinance must
be used for constructing affordable housing, affordable housing units, facilities
providing housing-related services, or mental and behavioral health-related
services, or to fund the operation and maintenance costs of newly constructed
affordable housing, facilities providing housing-related services, or evaluation and
treatment centers. The funds will target persons whose income is at or below 60
percent of the area median income (AMI) and are persons with behavioral health
disabilities, veterans, senior citizens, individuals who are homeless or at-risk of
homelessness including families with children, unaccompanied homeless youth or
young adults, persons with disabilities, or survivors of domestic violence. The
Packet Pg. 85
4.E
remainder of the funds collected are being managed internally by the City and must
be used for the operation, delivery, or evaluation of mental and behavioral health
treatment programs and services or housing-related services.
The ordinance authorized the Mayor to expend any or all funds collected in
accordance with this ordinance for uses authorized by RCW 82.14.530, subject to
any limitations provided therein, as well as to pool funds collected with other cities
and counties pursuant to the interlocal agreement with the South King Housing and
Homelessness Partners (SKHHP). The ordinance authorized the Mayor to execute
any agreements necessary for the use or transfer of such funds. The attached
Interlocal Agreement formalizes the agreement to pool revenues collected under
RCW 82.14.530 with SKHHP and other SKHHP member cities for the purposes of
funding affordable housing in South King County. The Interlocal Agreement
establishes the use of funds and the administrative requirements of SKHHP to pool
funds among member jurisdictions to support the production and preservation of
affordable housing for households earning up to sixty percent AMI who are also a
population household specified in RCW 82.14.530.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. HHS_ SKHHP-1590ILA-Exhibit (PDF)
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4.E.a
Interlocal Agreement For the Purpose of Pooling Sales Tax Receipts with South
King Housing and Homelessness Partners ("SKHHP") Cities to Administer Funds
Under RCW 82.14.530
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This Interlocal Agreement ("Agreement") is entered into by and between the Cities of o
Covington and Kent, each municipal corporations and political subdivisions of the State of
Washington, (individually, a "Party" and collectively, "the Parties"). Q
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WHEREAS, this Agreement is made pursuant to the Interlocal Cooperation Act, chapter J
39.34 RCW; and
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WHEREAS, SKHHP was formed on January 1, 2019 by Interlocal Agreement among the a
jurisdictions of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park,
Renton, Tukwila, and King County (the "SKHHP Interlocal Agreement"), and on February 1, N
2022, the jurisdiction of Maple Valley became a party to the SKHHP Interlocal Agreement; and
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WHEREAS, in the 2020 Regular Session, the Washington State Legislature approved =
House Bill (HB) 1590, which was signed into law by the Governor, and is now codified at RCW
82.14.530; and
WHEREAS, RCW 82.14.530 authorizes a one-tenth of one percent (0.1%) local sales and o
use tax to fund construction, maintenance, and operations costs related to affordable housing
and behavioral health facilities, programs, and services; and Y
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WHEREAS, a city's legal ability to impose and collect this tax depends on whether and o
when the county has also enacted it. On October 13, 2020, the King County Council imposed
this tax throughout King County. As a result, only those King County cities that had already 00
imposed this tax before October 13, 2020 would be able to lawfully collect it after that date.
The cities of Covington and Kent are among such King County cities, as are the cities of Maple
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Valley and Renton; and w
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WHEREAS, RCW 82.14.530 requires that a minimum of sixty percent (60%) of the J
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monies collected through this sales and use tax may only be used for: (i) constructing or °;
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acquiring affordable housing (which may include emergency, transitional, and supportive cL
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housing, new units of affordable housing within an existing structure, and facilities providing Y
housing-related services, or acquiring land for these purposes); or (ii) constructing or acquiring Cn
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behavioral health-related facilities (or acquiring land for these purposes); or (iii) funding the =
operations and maintenance costs of new units of affordable housing and facilities where
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housing-related programs are provided, or newly constructed evaluation and treatment
centers; and
WHEREAS, RCW 82.14.530 further requires that the affordable housing and facilities a
funded by the sales and use tax may only be provided to persons earning up to sixty percent
(60%) of King County's area median income and belonging to one of the following population
SKHHP HB 1590 Interlocal Agreement—September 18, 2023 Page 1 of 6
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4.E.a
groups: (i) Persons with behavioral health disabilities; (ii) Veterans; (iii) Senior citizens; (iv)
Persons who are homeless or at-risk of being homeless, including families with children; (v)
Unaccompanied homeless youth or young adults; (vi) Persons with disabilities; or (vii) Domestic
violence survivors; and
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WHEREAS, the SKHHP Housing Capital Fund was established in the SKHHP Interlocal t
Agreement and originally funded through the pooled sales tax receipts authorized under RCW Q
82.14.540 through an interlocal agreement between the cities of Auburn, Burien, Des Moines, Q
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Federal Way, Kent, Normandy Park, Renton, and Tukwila between February 2021 and July 2021; y
and
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WHEREAS, the SKHHP Executive Board adopted the 2023 SKHHP Housing Capital Fund a
Guidelines on July 21, 2023 which provide that the sales and use tax receipts authorized under
RCW 82.14.530 from contributing member jurisdictions would support the (i) Construction or N
acquisition of affordable housing, which may include supportive housing and new units of
affordable housing within an existing structure; or (ii) Acquisition of land for affordable housing; o
and
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WHEREAS, the Parties wish to act cooperatively by pooling their respective RCW
82.14.530 tax receipts with SKHHP tax funds received from its member jurisdictions to leverage
the pooled funds toward a more meaningful and significant impact on affordable housing =
challenges in south King County consistent with this Agreement, RCW 82.14.530, and the c
annually adopted SKHHP Housing Capital Fund Guidelines; and
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WHEREAS, the Parties' pooling of RCW 82.14.530 sales tax receipts with SKHHP through U°
the SKHHP Housing Capital Fund will continue to build the resources available to support a ti
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regional funding source that fosters regional-decision making, shared housing solutions, and M
increased investment in affordable and supportive housing in south King County.
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NOW, THEREFORE, in consideration of the mutual promises, benefits, and covenants w
contained in this Agreement, the Parties incorporate by reference and agree to the above J
recitals and the following terms and conditions:
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1. Purpose. The purpose of this Agreement is to allow the Parties to each pool all or a portion cL
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of their respective RCW 82.14.530 tax receipts for use by SKHHP in funding the affordable Y
and supportive housing projects and/or programs authorized under RCW 82.14.530(2)(a)- Cn
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(b)• x
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2. Responsibilities and Authority. For the purposes of RCW 39.34.030(4)(a), the SKHHP
Administering Agency is designated as the administrator responsible for overseeing and E
administering the joint or cooperative undertaking contemplated by this Agreement. No
property shall be acquired by the Parties to this Agreement by reason of this joint or a
cooperative undertaking.
SKHHP HB 1590 Interlocal Agreement—September 18, 2023 Page 2 of 6
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4.E.a
3. Pooled Funds. The legislative body of each Party shall consider whether it will pool with
SKHHP all or a portion of its RCW 82.14.530 tax receipts. Each Party that determines that it
will pool all or a portion of its RCW 82.14.530 tax receipts shall transfer to SKHHP the funds
it intends to pool with the SKHHP Housing Capital Fund. Each Party's contribution will be 0
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transmitted to SKHHP on an annual basis. o
4. Uses of Pooled Funds. Consistent with the permissible uses of funds set forth in RCW Q
82.14.530, SKHHP will distribute funds pooled under this Agreement only for the purposes Q
authorized by RCW 82.14.530(2)(a) (as now enacted or hereafter amended) to serve J
persons within any of the following population groups whose income is at or below 60%the
King County area median income: (i) Persons with behavioral health disabilities; (ii)
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Veterans; (iii) Senior citizens; (iv) Persons who are homeless or at-risk of being homeless, y
including families with children; (v) Unaccompanied homeless youth or young adults; (vi)
Persons with disabilities; or (vii) Domestic violence survivors.
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5. Selection of Funding Awards Involving Pooled Funds. SKHHP intends to periodically invite =
applications for funding for projects and/or programs eligible for funding under the SKHHP
Interlocal Agreement and/or its Housing Capital Funds Guidelines. For each round of
funding applications for which SKHHP intends to use funds pooled under this Agreement,
the following shall apply: _
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a. The SKHHP Executive Board will identify funding guidelines that will include, but not Y
be limited to: the amount of available funding, household income targets, funding
priorities, eligible activities and geographic areas, regulatory terms, other award (n
terms/reporting requirements, application contents, review process, evaluation
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criteria, and the schedule for funding allocation.
b. The SKHHP Advisory Board, as established by the SKHHP Interlocal Agreement,
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provides recommendations to the SKHHP Executive Board on the strategic funding x
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priorities and the allocation of tax receipts collected through this Agreement. These J
recommendations will consider South King County housing needs, other funding a
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sources that support affordable housing and supportive housing, local housing
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needs, and equitable geographic distribution of funds.
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c. The SKHHP Executive Board shall consider the recommendations of the SKHHP Cn
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Advisory Board to decide both the recommended funding awards for selected =
projects and/or programs and the specific funding from each participating Party
consistent with the SKHHP Executive Board Powers. a
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d. Funding provided by the sales and use tax receipts authorized under RCW 82.14.530
will be limited to projects that: (i) are within the SKHHP sphere of influence as a
identified in the SKHHP Interlocal Agreement and the annually adopted SKHHP
Housing Capital Fund Guidelines; (ii) meet the eligibility criteria of RCW 82.14.530;
SKHHP HB 1590 Interlocal Agreement—September 18, 2023 Page 3 of 6
Packet Pg. 89
4.E.a
and (iii) are consistent with the annually adopted SKHHP Housing Capital Fund
Guidelines.
6. Expenditure of Pooled Funds Authorized Under RCW 82.14.530; Legislative Authority of
Each Party. N
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a. As provided in the SKHHP Interlocal Agreement, the SKHHP Executive Board will 3
recommend to the individual legislative bodies various terms to accompany their Q
authorizations. Terms shall be consistent with RCW 82.14.530 and may include but
will not be limited to: the amount of funds allocated, project description, minimum
affordability requirements, nature of funding commitment (loan, grant, or other),
and general repayment terms for loans, if applicable. a
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b. Before any Party's pooled funds are awarded or distributed for funding of a project
or program selected pursuant to Section 4 "Use of Pooled Funds" of this Agreement,
the legislative body of such Party shall authorize the application of a specified E
amount of its RCW 82.14.530 tax receipts in its Individual Account, as provided in =
Section 14 of the SKHHP Interlocal Agreement.
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c. SKHHP may only award and distribute a Party's pooled funds after a Party's
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legislative body has approved participation in this Agreement. o
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7. Administration. Funds collected through this Agreement shall be administered through the c
SKHHP Housing Capital Fund as outlined in the SKHHP Interlocal Agreement and
administered by the SKHHP Administering Agency. The SKHHP Administering Agency will o
maintain records sufficient to separately track the deposits and withdrawals within each `n
Individual Account and each project account. o
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8. Reporting. In addition to reporting requirements under the SKHHP Interlocal Agreement,
SKHHP will submit an annual report to the Parties of work plan progress that includes, but is x
not limited to, housing priorities, strategies, capital funding investments, use of pooled RCW w
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82.14.540 and RCW 82.14.530 tax receipts, and other SKHHP accomplishments. J
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9. Audit. The Parties acknowledge that the expenditure of all funds will be subject to audit by
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the state auditor or other authorized entity. The SKHHP Administering Agency reserves the
right to review, monitor, or audit the use of these funds as deemed necessary. Such Y
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activities may occur with or without notice.
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10. Termination or Withdrawal. This Agreement may be terminated at any time by a majority
affirmative vote from the legislative bodies of all Parties to this Agreement. If a Party wishes
to withdraw from participation in this Agreement, it may do so with written notice to the
SKHHP Executive Board of its intention to withdraw, due on or before July 1 of a year, and
become effective as of 11:59 p.m. on December 31 of that year. Upon termination of this a
Agreement or Party withdrawal from this Agreement, all uncommitted pooled RCW
82.14.530 tax receipt monies in the SKHHP Housing Capital Fund will be distributed to the
SKHHP HB 1590 Interlocal Agreement—September 18, 2023 Page 4 of 6
Packet Pg. 90
4.E.a
Parties in case of termination of the Agreement, or individually to any Party withdrawing
from the Agreement, by remitting the total uncommitted amounts remaining in the Party's
Individual Account to that Party, unless otherwise authorized by the legislative authority of
that Party. 0
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11. Additional municipalities. This Agreement may be expanded to include additional SKHHP 0
municipalities through the execution of a companion agreement that is consistent with this Q
Agreement and the SKHHP Interlocal Agreement. Q
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12. Amendments. Amendments to this Agreement must be in writing. This Agreement may be
amended upon approval of at least two-thirds of the legislative bodies of all Parties to this
Agreement (evidenced by authorized signatures of those Parties). However, any a-
amendment to this Agreement affecting the terms and conditions of membership,
provisions regarding duration, termination or withdrawal, or the conditions of this Section y
will require approval by the legislative authorities of all Parties. This Section shall not be
construed to require amendment of this Agreement for the addition of a new Party o
contemplated under Section 11.
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13. Effective date. This Agreement will become effective September 18, 2023, subject to its
approval by the legislative bodies of all participating jurisdictions, and pursuant to RCW
39.34.040. Although this Agreement may be approved and signed by a Party after the =
Agreement's effective date, all acts consistent with the authority of this Agreement that c
occur on or after September 18, 2023, are hereby ratified and affirmed, and the other terms
of this Agreement will be deemed to have applied. o
14. Agreement Duration. This Agreement will be in full force and effect until it is terminated in
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accordance with the terms and conditions of this agreement.
15. Counterparts. This Agreement may be executed in any number of counterparts, each of
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which shall constitute an original, and all of which will together constitute this one w
Agreement. Further, upon executing this Agreement, either party may deliver the signature J
page to the other by fax or email and that signature shall have the same force and effect as a
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if the Agreement bearing the original signature was received in person.
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(Signature Page Follows) Y
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SKHHP HB 1590 Interlocal Agreement—September 18, 2023 Page 5 of 6
Packet Pg. 91
4.E.a
Approved and executed this day of 12023.
Name of Party: CITY OF COVINGTON
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Regan Bolli, City Manager
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Approved as to form: (D
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Mark Orthmann, City Attorney
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Name of Party: CITY OF KENT o
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Dana Ralph, Mayor x
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Tammy White, City Attorney
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SKHHP HB 1590 Interlocal Agreement—September 18, 2023 Page 6 of 6
Packet Pg. 92
4.F
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola, CPPO, Director
•
KENT 220 Fourth Avenue South
WASHINGTON Kent, WA 98032
253-856-5100
DATE: September 19, 2023
TO: Kent City Council - Committee of the Whole
SUBJECT: Washington State Department of Commerce Grant — Senior
Center Solar + Storage
MOTION: I move to accept grant funds in an amount not to exceed
$500,000 from the Washington Department of Commerce for the funding
of a solar rooftop array for the Kent Senior Center, amend the budget,
authorize expenditure of funds, and authorize the Mayor to sign all
necessary agreements and other documents, subject to terms and
conditions acceptable to the Parks Director and City Attorney.
SUMMARY: The City of Kent Senior Center Solar + Storage will consist of a rooftop
solar array with ground mount battery system to supply power during extended
outages. The rooftop array will utilize the south-facing roof sections across the
entire building. The battery and associated equipment will be installed outside of
the main electrical room, to the east, to intercept the utility power most efficiently
from the existing transformer. The concrete pad, enclosure, generation panel,
feeders, and conduit runs will be sized for a future expansion 'phase 2" to expand
the battery system for longer outages and higher loads. No future expansion is
guaranteed at this time; however, a modular and flexible system concept provides
the opportunity for cost savings on such an expansion.
This grant is intended to cover all costs associated with Design and Construction of
this Solar + Storage system.
This item is also on today's City Council Consent agenda. If the motion does not
pass unanimously, it will move to Other Business on the Consent agenda.
BUDGET IMPACT: Unanticipated income that will cover the cost of the project.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
ATTACHMENTS:
1. FAC- WA Dept Commerce Grant -Exhibit A (PDF)
Packet Pg. 93
DocuSign Envelope ID:339C1EB6-C63C-41C2-91308-3011A294169C
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EXHIBIT A
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STATE OF WASHINGTON +
DEPARTMENT OF COMMERCE
1011 Plum Street SE •PO Box 42525 •Olympia, Washington 98504-2525 •(360) 725-4000 to
www.commerce.wa.gov y
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8/10/2023 c
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City of Kent
220 4th Ave S
Kent,WA 98032
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Re: Contingent award of the Solar plus Storage for Resilient Communities Grant E
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Dear Mayor Dana Ralph, Lj
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Congratulations! The Department of Commerce is conditionally City of Kent under Track 2- Installation of Solar
plus Storage for Resilient Communities for City of Kent Solar plus Storage. The award amount is not to exceed m
$500,000. This award is made from State funding. E
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This award letter is contingent on no successful protests of the award decisions and the execution of a Grant p
Agreement with Commerce. Details such as obligations for deliverables, schedules, coordination and reporting
will be negotiated.
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In light of the contingent nature of this grant, we require a counter-signature below by an authorized City of Kent o
official. Commerce will announce that the grant has been awarded, however no project information will be shared
at this time, only apparent awards. City of Kent, including its directors, employees and agents, agree to make no N
public statements regarding this award until the Grant Agreement is executed, unless Commerce provides prior
consent.
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Next Steps:
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1. Sign and return this letter by 5:00 PM on 8/23/2023.
2. Maureen Maples will be your contract manager. They will contact you regarding next steps once your
signed letter has been received. w
3. Contracts will be processed in the order that completed pre-contract information is received.
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If you have any questions, please call Maureen Maples at(360)706-4207 or email us at solar@commerce.wa.gov
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Commerce looks forward to working with you and your team on this important project. a)
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QI Accepted on behalf of City of Kent: 0
Srg�ed by: U
�UWA�r C-Ar&4, Signature:
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Managing Director, EPIC Unit, Energy Division Dana Ralph, City Manager
8/17/2023 1 9:09 AM PDT (j
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For Commerce Reference: 22-53701-901 Date:
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DocuSign Envelope ID:339C1EB6-C63C-41C2-91308-3011A294169C
4.F.a
��►'Washington State FUND OBLIGATION, DE-OBLIGATION, CONTRACT APPROVAL
Department of ROUTING SLIP
"i►w Commerce ENERGY DIVISION ENERGY PROGRAMS IN COMMUNITIES
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*FOR COMMERCE USE ONLY* in
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REVIEWED BY I VERIFY THAT: INITIALS U
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PROGRAM MANAGER • Any and all changes made are within my m
I Commerce Specialist 3
delegated authority and responsibilities rn
• Fund source reviewed and contract amount c
approved
• If applicable, formula fund allocation spreadsheet Ds
emailed to appropriate staff, included with
obligation memo E
If routing a Fund Obligation Memo, draft memo t i
reviewed and approved by leadership prior to 0
routing final memo in DocuSign for AD approval
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• If routing Contracts, associated Fund Obligation E
Memo approved prior to routing contract or Q.
amendment. C
TEAM SUPERVISOR • Any and all changes made are within my Ds
delegated authority and responsibilities U)
Commerce Specialist 5 �► o
• Fund source, contract terms, scope of work
reviewed and approved
SECTION SUPERVISOR • Any and all changes made are within my
WMS 2 delegated authority and responsibilities 'IDs N
• Contract terms, scope of work reviewed and M
approved ..
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MANAGING DIRECTOR • Any and all changes made are within my
delegated authority and responsibilities x
Alternate:Assistant Managing w
Director on behalf of MD 0 Final review before appointing authority signature ,
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ASSISTANT DIRECTOR • Contract, amendment, or memo approved and
cc: Admin Assistant signed by Appointing Authority Signed on U
attached a)
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Alternate: Deputy Assistant document E
Director on behalf of AD G
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Program Coordinator— • Award letter: Hold until ready to forward to p
Commerce Specialist 2 grantee.
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DocuSign
Certificate Of Completion
Envelope Id:339C 1 EB6C63C41 C29BO8301 1 A294169C Status:Sent
Subject:Complete with DocuSign:Contingent Award-SOLSTOR23-City of Kent.docx
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Division:
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Energy m
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Program:Solar plus Storage for Resilient Communities
ContractNumber:Contingent Award-SOLSTOR23-City of Kent V
DocumentType: O
Other
Source Envelope:
Document Pages:2 Signatures: 1 Envelope Originator:
Certificate Pages:5 Initials:3 Maureen Maples
AutoNav: Enabled 1011 Plum Street SE y
Envelopeld Stamping: Enabled MS 42525
Time Zone: (UTC-08:00)Pacific Time(US&Canada) Olympia,WA 98504-2525 j_
maureen.maples@commerce.wa.gov E
IP Address: 147.55.149.142 U
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Record Tracking
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Status:Original Holder:Maureen Maples Location: DocuSign E
8/14/2023 5:14:35 PM maureen.maples@commerce.wa.gov
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Security Appliance Status:Connected Pool:StateLocal m
Storage Appliance Status:Connected Pool:Washington State Department of Commerce Location: DocuSign
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Signer Events Signature Timestamp U)
Maureen Maples LD
Sent:8/14/2023 5:17:49 PM r_
maureen.maples@commerce.wa.gov Viewed:8/14/2023 5:18:00 PM
Security Level: Email,Account Authentication Signed:8/14/2023 5:18:06 PM
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(None)
Signature Adoption: Pre-selected Style
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Jill Eikenhorst DSSent:8/14/2023 5:18:07 PM
jill.eikenhorst@commerce.wa.gov Viewed:8/17/2023 8:31:45 AM
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Security Level: Email,Account Authentication Signed:8/17/2023 8:34:34 AM W
(None)
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Signature Adoption: Pre-selected Style L
Using IP Address: 198.239.106.194
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Electronic Record and Signature Disclosure: O
Not Offered via DocuSign E
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Lauris C. Mattson EiLDS
Sent:8/17/2023 8:34:35 AM U
larry.mattson@commerce.wa.gov Viewed:8/17/2023 8:41:34 AM
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Signer Events Signature Timestamp
Jennifer Grove o Sil"Idbl: Sent:8/17/2023 8:42:03 AM
jennifer.grove@commerce.wa.gov E
M)A ae C_ 6Vj_ Viewed:8/17/2023 9:08:40 AM
Security Level: Email,Account Authentication Signed:8/17/2023 9:09:07 AM
(None)
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Using IP Address: 147.55.134.49 y
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Electronic Record and Signature Disclosure: U
Not Offered via DocuSign
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Dana Ralph Sent:8/17/2023 9:09:08 AM (D
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Mayor@KentWA.gov I
Mayor,City of Kent c
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Security Level: Email,Account Authentication
(None)
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Electronic Record and Signature Disclosure: L
Accepted:5/1/2023 12:15:05 PM
ID:20eb8b24-ea7b-466b-becd-ea46717b53dc E
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Envelope Summary Events Status Timestamps Q
Envelope Sent Hashed/Encrypted 8/14/2023 5:17:49 PM
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Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on:8/11/2020 4:44:12 PM
Parties agreed to:Dana Ralph
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE i
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4.G
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola, CPRO, Director
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KENT 220 Fourth Avenue South
WASHINGTON Kent, WA 98032
253-856-5100
DATE: September 19, 2023
TO: Kent City Council - Committee of the Whole
SUBJECT: Mother Africa Building Economic Empowerment Program
Agreement - Authorize
MOTION: I move to authorize the Mayor to sign an agreement with Mother
Africa for the Economic Empowerment Program, providing up to $200,000
in ARPA funds, subject to final terms and conditions acceptable to the
Parks Director and City Attorney.
SUMMARY: American Rescue Plan Act funds are intended for the recovery of the
pandemic and workforce/economic instability impacts experienced by residents in
Kent. The Human Services Commission recommends $200,000 to implement the
Economic Empowerment Program at Mother Africa. Mother Africa will provide
workforce development workshops, financial and digital literacy sessions,
entrepreneurship classes, and offer case management services to ensure
participants maintain gainful employment to increase economic stability for refugee
and immigrant communities.
BUDGET IMPACT: APRA funds were approved in the 2022 Bi-Annual Budget on
November 16, 2021.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. HS-Mother Africa - SLFRF - Exhibit (PDF)
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4.G.a
603(c) of the Act, or any contract or subcontract under such award. The City expressly disclaims any and all
responsibility or liability to Grantee or third persons for the actions of Grantee or third persons resulting in death,
bodily injury, property damages, or any other losses resulting in any way from the performance of this Agreement
or any other losses resulting in any way from the performance of the Agreement, or any subcontract thereto. This
Agreement does not in any way establish an agency relationship between or among the United States, the City,
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and/or Grantee. t
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8. False Statements. Grantee understands that making false statements or claims in connection with this Q
Agreement may be a violation of federal law and may result in criminal, civil, or administrative sanctions, including 0
fines, imprisonment, civil damages and penalties, debarment from participating in federal or City awards or M
contracts,and/or any other remedy available by law.
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9. Debarment and Suspension Certification. Entities that are debarred, suspended, or proposed for
debarment, by the U.S. Government are excluded from receiving federal funds and contracting with the City. Q
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Grantee, by signature to this Agreement, certifies that Grantee is not currently debarred, suspended, or proposed L
for debarment, by any Federal department or agency. Grantee also agrees that it will not enter into a subcontract
with a person or entity that is debarred,suspended,or proposed for debarment. Grantee will notify the City if it,or U
a subcontractor, is debarred, suspended, or proposed for debarment, by any Federal department or agency. m
Debarment status may be verified at https://www.sam.gov
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10. Termination. Upon thirty (30) days-notice, the City may terminate this agreement for convenience. Any
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unspent grant proceeds shall be immediately returned to the City.
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11. Repayment of Funds; Recoupment. If Grantee has unspent grant proceeds on hand as of June 30, 2025, m
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Grantee shall return all unspent grant proceeds to the City within ten (10) calendar days. If any funds provided to V
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Grantee were used in a manner that is not consistent or allowable as outlined in this Agreement or in the Federal Q
Terms, Grantee shall return funds to City in the amount determined to be ineligible. Grantee further agrees that it
is financially responsible for and will repay the City any and all indicated amounts following an audit exception which
occurs due to Grantee's failure,for any reason,to comply with the terms of this Agreement.This duty to repay the 2
City shall not be diminished or extinguished by the termination of the Agreement.
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12. Conflict of Interest. Grantee designees,agents, members, officers, employees, consultants, and any other
public official who exercises or who has exercised any functions or responsibilities with respect to the Program +=
during his or her tenure,or who is in a position to participate in a decision-making process or gain inside information
with regard to the Program,are barred from any interest,direct or indirect,in any grant or proceeds of the Program, i J
or benefit there from,which is part of this Agreement at any time during or after such person's tenure.
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13. Governing Laws. This Agreement shall be governed by and construed in accordance with the laws of the �
State of Washington.The venue for any action hereunder shall be in the Superior Court for King County,Washington, T
or the U.S. District Court for the Western District of Washington. M
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14. Indemnification.To the maximum extent permitted by law,Grantee shall,at its cost and expense, protect, Q
defend, indemnify, and hold harmless the City, its directors, officers, employees, and agents,from and against any t
and all demands, liabilities, causes of action, costs and expenses (including attorneys' fees), claims,judgments, or 0
awards of damages,arising out of or in any way resulting from the acts or omissions of Grantee,its directors,officers, 2
employees, or agents, relating in any way to Grantee's performance or non-performance under the Agreement. 2
Grantee agrees that its obligations underthis paragraph extend to any demands,liabilities,causes of action,or claims
brought by,or on behalf of,any of its employees or agents. For this purpose,Grantee,by mutual negotiation,hereby a'
waives, as respects the City only, any immunity that would otherwise be available against such claims under any M
industrial insurance act, including Title 51 RCW, other Worker's Compensation act, disability benefit act, or other
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employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. These Q
indemnification obligations shall survive the termination of the Agreement.
Grant Beneficiary Agreement
Page 2of3
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4.G.a
15. Insurance. The Recipient shall procure and maintain for the duration of this Agreement, insurance of the
types and in the amounts described in Exhibit 8 attached and incorporated by this reference.
16. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of
counterparts,each of which shall constitute an original,and all of which will together constitute this one Agreement.
Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email t
and that signature shall have the same force and effect as if the Agreement bearing the original signature was 3
received in person. Q
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CITY OF KENT GRANTEE N
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Name: Dana Ralph Name:
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Title: Mayor Title:
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Signature: Signature: U
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Date: Date:
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Exhibits
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1—Federal Terms m
2—Scope of Work
3—Cost Certification Q
4—Civil Rights Certification Form
5—Lobbying Certification Form o
6—Lobbying Disclosure Form (if applicable)
7—City EEOC Compliance Documents co
8—Insurance Requirements M
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Grant Beneficiary Agreement
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4.G.a
Grant Recipient Agreement — Exhibit 1
FEDERAL TERMS
In case of conflict between these Federal Terms and the Agreement, the following order N
of priority shall be utilized: (1) Federal Terms, and (2) Agreement. o
1. Grantee understands and agrees that funds provided under this Agreement may come a
from a federal source and agrees to comply with any and all additional applicable terms. ,
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A. Grantee Capacity. Grantee agrees and confirms that it has the institutional, °
managerial and financial capacity to ensure proper planning, management and 4
completion of the work detailed in the Scope of Work (Exhibit 2). 0
B. Technical Assistance. If, at any time, Grantee believes its capacity is compromised Q
or Grantee otherwise needs any sort of assistance, it shall immediately notify the
City. The City will make best efforts to provide timely technical assistance to L
Grantee to bring Grantee into compliance.
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C. Compliance with Act. Grantee understands and agrees that funds provided under a
the Agreement may only be used in compliance with section 603(c) of the Social -
Security Act (the "Act"), as added by section 9901 of the American Rescue Plan Act
("ARPA"), the U.S. Department of Treasury's ("Treasury's") regulations a,
implementing that section, and guidance issued by Treasury regarding the
foregoing. 3
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D. Definitions. The term "Grantee" shall refer to an individual or entity who receives
funds from the City, but shall not include a "Subrecipient," as defined in 2 C.F.R.
200.1 and as determined in the City's sole discretion. a
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2. Agreement Requirements and Incorporated Exhibits. o
Grantee shall meet the requirements included in the Agreement and in the following
attached exhibits, each of which is incorporated into the Agreement by reference: 00
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EXHIBIT NAME NUMBER
Federal Terms Exhibit 1
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Scope of Work Exhibit 2 w
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Cost Certification Exhibit 3 ,-
Civil Rights Certification Form Exhibit 4
Lobbying Certification Form Exhibit 5
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Lobbying Disclosure Form (if activity occurs) Exhibit 6 Q
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City EEO Compliance Documents Exhibit 7 0
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Insurance Requirements Exhibit 8 Ch
A. Scope of Eligible Expenditures. Grant funds may only be used to pay or reimburse
eligible expenditures as described in the Agreement, these Federal Terms (Exhibit E
1), and Scope of Work (Exhibit 2). No grant funds may be used to pay or reimburse U
costs cannot be used for expenditures for which Grantee has received any other Q
funding, whether state, federal or private in nature, for that same expense.
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4.G.a
B. Grantee Certifications. Prior to any disbursement of funds authorized by this
Agreement, Grantee shall provide the City with: Cost Certification (Exhibit 3), Civil
Rights Certification Form (Exhibit 4), the Lobbying Certification Form (Exhibit 5),
and, if activity occurs, the Lobbying Disclosure Form (Exhibit 6). N
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C. Reports. Grantee shall provide the City with additional information and 0
documentation upon request, including completing any reports deemed necessary a
for the City to comply with documentation, reporting, or audit requirements. ,
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3. Access to Records. The Treasury Office of Inspector General and the Government G
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Accountability Office, or their authorized representatives, shall have the right of access to N
records (electronic and otherwise) of Grantee in order to conduct audits or other o
investigations.
4. Uniform Guidance Compliance.
A. Remedial Actions. In the event of Grantee's noncompliance with section 603(c) of
the Act, Treasury's regulations implementing that section, guidance issued by
Treasury regarding the foregoing, or any other applicable federal laws or regulations, a
Treasury may take available remedial actions as set forth in 2 C.F.R. 200.339. _
B. Recoupment.
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1. Grantee agrees that it is financially responsible for and will repay the City any
and all indicated amounts following an audit exception which occurs due to :2
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Grantee's failure, for any reason, to comply with the terms of the Agreement. m
This duty to repay the City shall not be diminished or extinguished by the
termination of the Agreement. a
2. In the event of a violation of section 603(c) of the Act, the funds shall be
subject to recoupment by the City. o
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3. Any funds paid to Grantee (1) in excess of the amount to which Grantee is
authorized to retain under the terms of the Agreement; (2) that are determined 0
by the Treasury Office of Inspector General to have been misused; (3) are
determined by Treasury to be subject to a repayment obligation pursuant to
section 603(e) of the Act; or (4) are otherwise subject to recoupment by the
City, and have not been repaid by Grantee to the City shall constitute a debt to w
the City.
4. Any debts determined to be owed the City must be paid promptly by Grantee. J
A debt is delinquent if it has not been paid by the date specified in the City's
initial written demand for payment, unless other satisfactory arrangements
have been made or if the City knowingly or improperly retains funds that are a ;�
debt. The City will take any actions available to it to collect such a debt. Q
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C. Return of Unused Funds. If Grantee has any unspent funds on hand as of the c
earlier of June 30, 2025, or the termination of this Agreement, Grantee shall return 2
all unspent funds to the City within ten (10) calendar days. Ch
5. Disclaimer.
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A. The United States expressly disclaims any and all responsibility or liability to E
Grantee or third persons for the actions of Grantee or third persons resulting in U
death, bodily injury, property damages, or any other losses resulting in any way Q
Packet Pg. 106
4.G.a
from the performance of this award or any other losses resulting in any way from
the performance of this grant or any contract, or subcontract under this grant.
B. The acceptance of this grant by Grantee does not in any way establish an agency
relationship between the United States and Grantee. N
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6. Protection for Whistleblowers.
A. In accordance with 41 U.S.C. § 4712, Grantee may not discharge, demote, or a
otherwise discriminate against an employee in reprisal for disclosing to any of the c
list of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross •-
waste of federal funds, an abuse of authority relating to a federal contract or grant, 0
a substantial and specific danger to public health or safety, or a violation of law, Q
rule, or regulation related to a federal contract (including the competition for or
negotiation of a contract) or grant. L
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B. The list of persons and entities referenced in the paragraph above includes the
following: a
1. A member of Congress or a representative of a committee of Congress;
2. An Inspector General;
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3. The Government Accountability Office;
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4. A Treasury employee responsible for contract or grant oversight or m
management;
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5. An authorized official of the Department of Justice or other law enforcement a
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agency;
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6. A court or grand jury; or 0
7. A management official or other employee of Grantee, contractor, or 00
subcontractor who has the responsibility to investigate, discover, or address M
misconduct.
C. Grantee shall inform its employees in writing of the rights and remedies provided
under this section, in the predominant native language of the workforce. w
7. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62
FIR 19217 (Apr. 18, 1997), Grantee is encouraged to adopt and enforce on-the-job seat J
belt policies and programs for its their employees when operating company-owned, rented vn
or personally owned vehicles.
8. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR Q
51225 (October 6, 2009), Grantee is encouraged to adopt and enforce policies that ban
text messaging while driving, and to establish workplace safety policies to decrease
accidents caused by distracted drivers 2
9. False Statements. Grantee understands that making false statements or claims in =
connection with this Agreement may be a violation of federal law and may result in
criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages
and penalties, debarment from participating in federal or City awards or contracts, and/or M
any other remedy available by law.
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10. Applicable Laws.
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4.G.a
A. The Agreement shall be governed by and construed in accordance with the laws of
the State of Washington.
B. Grantee agrees to comply with the requirements of section 603 of the Act, the
Treasury's regulations implementing that section, and guidance issued by Treasury N
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regarding the foregoing. Grantee also agrees to comply with all other applicable 0
federal laws, regulations, and executive orders, and Grantee shall provide for such a
compliance by other parties in any agreements it enters into with other parties ,
relating to this Agreement. .2 c
C. Federal regulations applicable to this grant may include, without limitation, the N
following: o
1. Uniform Administrative Requirements, Cost Principles, and Audit Q
Requirements for Federal Awards, 2 C.F.R. Part 200, including the following:
a. Subpart A, Acronyms and Definitions; M
b. Subpart B, General Provisions; c
C. Subpart C, Pre-Federal Award Requirements and Contents of Federal 2
Awards;
d. Subpart D, Post-Federal Award Requirements;
e. Subpart E, Cost Principles; and :2
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f. Subpart F, Audit Requirements.
2. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part a
25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part L
25 is hereby incorporated by reference. r
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3. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part
170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. 00
Part 170 is hereby incorporated by reference. M
4. OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement
to include a term or condition in all lower tier covered transactions (contracts w
and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is
subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 LL
C.F.R. Part 19. _J
5. Grantee Integrity and Performance Matters, pursuant to which the award term
set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated •c
by reference. Q
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6. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
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7. New Restrictions on Lobbying, 31 C.F.R. Part 21. 2
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8. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 =
(42 U.S.C. §§ 4601-4655) and implementing regulations.
9. Generally applicable federal environmental laws and regulations.
C. Statutes and regulations prohibiting discrimination applicable to this award include, Q
without limitation, the following:
Packet Pg. 108
4.G.a
1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury's Implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs
or activities receiving federal financial assistance; N
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2. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 0
3601 et seq.), which prohibits discrimination in housing on the basis of race, a
color, religion, national origin, sex, familial status, or disability; ,
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3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), 0
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which prohibits discrimination on the basis of disability under any program or N
activity receiving federal financial assistance; o
4. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et Q
seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which
prohibit discrimination on the basis of age in programs or activities receiving L
federal financial assistance; and
5. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. a
§§ 12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
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D. Hatch Act. Grantee agrees to comply, as applicable, with requirements of the
Hatch Act (5 U.S.C.§§ 1501-1508 and 7324-7328), which limits certain political m
activities of federal employees, as well as certain other employees who work in M
connection with federally funded programs. ;�
E. Grantee agrees to comply with the Prohibition on Providing Funds to the Enemy (2
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C.F.R. 183). r
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4.G.a
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• Exhibit 2
II.L00000*KENT 2023-2025
WcS h' NGTON
PARKS, RECREATION S
COMMUNITY SERVICES Scope and Schedule of Work
Agency: Mother Africa
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Program: Economic Empowerment Program Q
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Contact: Risho Sapano, risho@motherafrica.org N
Kholoud Naser Aldeen, kholoud@motherafrica.org o
Program The Economic Empowerment Program will provide workforce development r
Description: workshops, financial and digital literacy sessions, and entrepreneurship classes, and Q
offer case management to ensure participants maintain gainful employment, to
increase economic stability for refugee and immigrant communities. M
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Consultant shall provide the approximate number of City of Kent clients with the following services for the duration of the 0
Agreement:
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Unduplicated Kent Clients Contracted 100
to Serve '
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Service Unit Descriptions and Deliverables Units Contracted to Serve i
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Service Unit 1: Digital/Financial Literacy Workshops 16 Sessions a
Service Unit 2: Entrepreneurship Workshops 12 Sessions
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Service Unit 3: 10-week Coaching Workshop 610-Week Sessions vh
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Other deliverables: Case management Services for job Seekers 120 Sessions E
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Contract Administration
- The Consultant shall notify the City, in writing, within ten (10) days of any changes in agency
leadership or program personnel.
Packet Pg. 110
4.G.a
- The Consultant shall provide the City with a current list of its board of directors, general or limited
partners, as applicable.
- The Consultant shall maintain a City of Kent Business License.
- In addition to quarterly and annual reporting, staff may perform desktop or onsite monitoring to
ensure contract compliance. Any onsite monitoring will be scheduled with adequate time to prepare
for the visit. The Contractor can request a copy of the monitoring form at any time by contacting N
City of Kent staff. o
- All records related to the Agreement must be retained for six (6) years plus the current year.
Performance Measures a
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The City uses a variety of measures as indicators of satisfactory contract performance. The Consultant will M
be expected to meet 100% of the performance measures as set forth in the Scope of Work. If the •&-
Consultant fails to fulfill the performance measures, payment for services rendered under this Agreement
will be reduced by the rate calculated for each service unit. Q
Exceptions may be made if circumstances beyond the Consultant's control impact its ability to fulfill the 0
required units of service and if the Consultant has shown reasonable effort to overcome those 0
circumstances. Exceptions are made at the sole discretion of the City's Human Services Manager.
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Reporting Requirements and Timeline
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All data and required forms shall be submitted electronically. Please use Attachment A for reporting.
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Service Unit and Narrative Report - Data from this form will be used to track each program's progress
toward meeting the goals stipulated in the Scope of Work. The narrative should include updates regarding m
outreach and partnership building, any successes and challenges the program is experiencing, or any
significant changes to the program model or budget. It shall be submitted quarterly, no later than the 15th
of the month following the end of the quarter (i.e. April 15, July 15, Oct 15, Jan 30), along with the a
Reimbursement Request.
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Reimbursement Request - This form will be filled out electronically and serve as the invoicing mechanism
for payment to your agency/program. Documents supporting expenses should be included. It shall be co
submitted quarterly, no later than the 15th of the month following the end of the quarter (i.e. April 15, July 0
15, Oct 15, Jan 10), unless otherwise specified.
Demographic Data Report - The agency shall collect and retain the data requested on the
Demographics form from the persons served through this contract. Data should be tracked in an ongoing w
manner and submitted annually (by January 30).
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Report Due Date M
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Service Unit Report and Reimbursement 15t" day following each quarter Q
Request
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Final Reimbursement Request (4t" Qtr.) January 10t", 2024/January 10t", 2025 �°
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Demographic Data Report January 30t", 2024/January 30t", 2025 =
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4.G.a
DEMOGRAPHIC INFORMATION - The following information should be collected and
reported annually.
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Number of Households or Persons Assisted (please specify "H" or "P"): o
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Race Undup. Unduplicate Q
Year to d Year to
Date (All) Date o
(Hispanic a
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White
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Black/African American
Asian c�
American Indian or Alaska Native c
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Native Hawaiian or Other Pacific Islander
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American Indian or Alaska Native AND
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White S
Asian AND White :2
Black/African American AND White m
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American Indian /Alaska Native AND Q
Black/African American
Other Multi-Racial
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GRAND TOTAL CLIENTS
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Income Level Unduplicated
Year to Date x
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Extremely Low Income 0-30% of MFI
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Low Income 31-50% of MFI _j
Moderate Income 51-80% of MFI a
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Above Moderate Income 81% + of MFI Q
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GRAND TOTAL CLIENTS t
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Homeless * Complete only for individuals & families Unduplicated Quarter Unduplicated
who have been assisted with transitional and Year to Date °'
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permanent housing
1 2 3 I 4 r
Individuals Q
Families
Total Homeless
Packet Pg. 112
4.G.a
Attachment A
KENT
WASHINGTON
PARKS, RECREATION & Request for Payment & Service Report
COMMUNITY SERVICES
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From:
To: Brittany Gaines Agency: a
Email: BGaines@kentwa.gov Address:
Phone: (253) 856-5076 Email: 2
Phone: N
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Program Reporting Period
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Program name Economic Empowerment Program Costs incurred from to L)
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Reimbursement Request IX,
Award Amount Request This Quarter Total Requested to Date Balance Remaining
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200,000.00 200,000.00 "L
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PERFORMANCE MEASURES —KENT FUNDED SERVICE UNITS 0
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Contracted to Clients Served in
Service Unit Description Life to Date Total
Serve Reporting Period
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Unduplicated # of Kent clients w
(persons) 100 U_
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Digital/Financial Literacy
Workshops 16 Sessions vn
Entrepreneurship Workshops 12 Sessions Q
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10-Week Coaching Workshops 6 10-Week Sessions c
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Case Management Services for =
120 Sessions
Job Seekers
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Sec. 5: NARRATIVE Q
Page 1 of 2
Packet Pg. 113
4.G.a
Provide a narrative explanation if you are behind in either progress toward meeting performance
measures or projected expenditure rate. Include information about any program or staff changes
and how the funds were utilized.
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By signing this report, I certify to the best of my knowledge and belief that the report is true, complete,
and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives
set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or m
fraudulent information, or the omission of any material fact, may subject me to criminal, civil M
or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title ;2
18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812). a
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Agency Authorized Signature Date 00
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Print Name
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Payment Authorization this section to be completed by City of Kent only) LL
Contractual Obligations Met?
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YES NO Circle one
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Enter notes if Agency underperformed: Q
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Authorized Date:
By:
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Page 2 of 2
Packet Pg. 114
4.G.a
Grant Recipient Agreement— Exhibit 3
COST CERTIFICATION
I certify that: o
y pp governing y Mother Africa °
1. I have authority and approval from the overnin body on behalf of Q
("Grantee")to accept proceeds from the City of Kent (the "City") per the Agreement by and between c
the City and Grantee from the City's allocation of the Coronavirus State Local Fiscal Recovery Fund
("CLFR") as created by the American Rescue Plan Act of 2021, Section 9901 ("ARPA") for eligible o
expenditures included on the corresponding invoice voucher for report period October 01, 2023
through June 30, 2025. Q
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2. 1 understand that as additional federal guidance becomes available, an amendment to the Contract a
between the City and Grantee may become necessary and agree to execute necessary amendments. c
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3. 1 understand the City will rely on this certification as a material representation in processing
reimbursements or payment requests.
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4. 1 understand the Grantee receiving funds pursuant to this certification shall retain documentation of 3
all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent m
with §200.333 Retention requirements for records of 2 CFR 200 Uniform Administrative
Requirements,Cost Principles,and Audit Requirements for Federal Awards(Uniform Guidance). Such Q
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documentation shall be produced to the City upon request and may be subject to audit by the State r
Auditor. °
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5. 1 understand any funds provided pursuant to this certification cannot be used for expenditures for M
which Grantee has received any other funding whether state, federal or private in nature,for that n
same expense. z
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hereby certify that I have read the above certification, and that the information and my statements '-
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provided herein by me are true and correct to the best of my knowledge, and by my signature on this �
document, acknowledge my understanding that any intentional or negligent misrepresentation or
falsification of any of the information in this document could subject me to punishment under federal M
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and/or civil liability and/or in criminal penalties,including but not limited to fine or imprisonment or both Q
under Title 18, United States Code,Sec. 1001, et seq. and punishment under federal law. z
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4.G.a
Grant Recipient Agreement— Exhibit 4
CIVIL RIGHTS CERTIFICATION FORM
The funds provided to the grantee named below (hereinafter referred to as the "Grantee") are available
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under section 603 of the Social Security Act, as added by section 9901 of the American Rescue Plan Act. `o
Grantee understands and acknowledges that: a
As a condition of receipt of federal financial assistance from the Department of the Treasury, with o
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monies distributed through the City of Kent, Grantee provides the assurances stated herein.The N
federal financial assistance may include federal grants, loans and contracts to provide assistance to 0
Grantee,the use or rent of Federal land or property at below market value, Federal training, a loan
of Federal personnel, subsidies, and other arrangements with the intention of providing assistance.
Federal financial assistance does not encompass contracts of guarantee or insurance, regulated M
programs, licenses, procurement contracts by the Federal government at market value, or programs
that provide direct benefits. m
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
the operations of Grantee's program(s) and activity(ies), so long as any portion of Grantee's
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program(s) or activity(ies) is federally assisted in the manner prescribed above
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Grantee certifies the following:
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1. Grantee ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as a,
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amended,which prohibits exclusion from participation, denial of the benefits of, or subjection o
to discrimination under programs and activities receiving federal financial assistance, of any
person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et 00
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seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22
and other pertinent executive orders such as Executive Order 13166, directives, circulars,
policies, memoranda, and/or guidance documents. x
2. Grantee acknowledges that Executive Order 13166, "Improving Access to Services for Persons w
with Limited English Proficiency," seeks to improve access to federally assisted programs and U-
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activities for individuals who, because of national origin, have Limited English proficiency(LEP). U-
Grantee understands that denying a person access to its programs, services, and activities
because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil
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Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Q
Grantee shall initiate reasonable steps, or comply with the Department of the Treasury's
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directives,to ensure that LEP persons have meaningful access to its programs, services, and c
activities. Grantee understands and agrees that meaningful access may entail providing
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language assistance services, including oral interpretation and written translation where =
necessary,to ensure effective communication in Grantee's programs, services, and activities.
3. Grantee agrees to consider the need for language services for LEP persons when Grantee E
develops applicable budgets and conducts programs, services, and activities. As a resource, the U
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Department of the Treasury has published its LEP guidance at 70 FIR 6067. For more information Q
Packet Pg. 116
4.G.a
on taking reasonable steps to provide meaningful access for LEP persons, please visit
http://www.lep.gov.
4. Grantee acknowledges and agrees that compliance with the assurances constitutes a condition
of continued receipt of federal financial assistance and is binding upon Grantee and its N
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successors,transferees, and assignees for the period in which such assistance is provided. 0
5. Grantee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits Grantees of 3
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federal financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C.
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§ 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 N
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CFR Part 22,which are herein incorporated by reference and made a part of this contract (or o
agreement).Title VI also includes protection to persons with "Limited English Proficiency" in any
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program or activity receiving federal financial assistance,42 U.S.C. § 2000d et seq., as
implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and M
herein incorporated by reference and made a part of this contract or agreement.
6. Grantee understands and agrees that if any real property or structure is provided or improved r_
with the aid of federal financial assistance by the Department of the Treasury,this assurance
obligates Grantee, or in the case of a subsequent transfer,the transferee,for the period during
which the real property or structure is used for a purpose for which the federal financial c'
assistance is extended or for another purpose involving the provision of similar services or
.3
benefits. If any personal property is provided, this assurance obligates the Contractor for the m
period during which it retains ownership or possession of the property.
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7. Grantee shall cooperate in any enforcement or compliance review activities by the Department a
of the Treasury of the aforementioned obligations. Enforcement may include investigation,
arbitration, mediation, litigation, and monitoring of any settlement agreements that may result o
from these actions. Grantee shall comply with information requests, on-site compliance reviews
and reporting requirements. 00
8. Grantee shall maintain a complaint log and inform the Department of the Treasury of any
complaints of discrimination on the grounds of race, color, or national origin, and limited English
proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and x
provide, upon request, a list of all such reviews or proceedings based on the complaint, pending w
or completed, including outcome. Grantee also must inform the Department of the Treasury if W
Contractor has received no complaints under Title VI. �
9. Grantee must provide documentation of an administrative agency's or court's findings of non-
compliance of Title VI and efforts to address the non-compliance, including any voluntary
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compliance or other agreements between the Contractor and the administrative agency that Q
made the finding. If Grantee settles a case or matter alleging such discrimination, Grantee must
provide documentation of the settlement. If Grantee has not been the subject of any court or o
administrative agency finding of discrimination, please so state.
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10. The United States of America has the right to seek judicial enforcement of the terms of this =
assurances document and nothing in this document alters or limits the federal enforcement
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measures that the United States may take in order to address violations of this document or E
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applicable federal law. r
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4.G.a
hereby certify that I have read and understood the obligations described above,that Grantee is in
compliance with the above-described nondiscrimination requirements, and by my signature on this
document, acknowledge my understanding that any intentional or negligent misrepresentation or
falsification of any information submitted in conjunction with this document could subject me to N
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punishment under federal, civil liability and/or in criminal penalties, including but not limited to fine 0
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or imprisonment or both under Title 18, United States Code, Sec. 1001, et seq. and punishment under 3
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federal law. '
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4.G.a
Grant Recipient Agreement— Exhibit 5
LOBBYING CERTIFICATION FORM
The undersigned certifies,to the best of the undersigned's knowledge and belief,that: o
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to a
any person for influencing or attempting to influence an officer or employee of an agency, a Member
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of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection G
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with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal 4
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loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, o
amendment, or modification of any Federal contract,grant, loan, or cooperative agreement. Q
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for M
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influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an C9
officer or employee of Congress, or an employee of a Member of Congress in connection with this U
Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit m
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, as
attached. a,
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(3)The undersigned shall require that the language of this certification be included in the award
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documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, m
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
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This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or r
entering into this transaction imposed by section 1352,title 31, U.S. Code.Any person who fails to file 2
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than 00
00
$100,000 for each such failure.
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hereby certify that I have read the above certification, and that the information and my statements
provided herein by me are true and correct to the best of my knowledge, and by my signature on this x
document, acknowledge my understanding that any intentional or negligent misrepresentation or w
falsification of any of the information in this document could subject me to punishment under federal W
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and/or civil liability and/or in criminal penalties,including but not limited to fine or imprisonment or both
under Title 18, United States Code,Sec. 1001, et seq. and punishment under federal law.
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Pt. 21, App. B 31 CFR Subtitle A (7-1-06 Edition) Q
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APPENDIX B TO PART 21—DISCLOSURE FORM TO REPORT LOBBYING G
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DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB i
0348-0046 Q
Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 t
(See reverse for public burden disclosure.) +'
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1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: Q
❑ a. contract a. initial filing
❑ a. bid/offer/application ❑ g
b.grant b.material change
b.initial award fC
c. cooperative agreement For Material Change Only:
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d.loan C. post-award g Y� Ur
e.loan guarantee year quarter
f. loan insurance date of last report �+
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4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee,Enter Name !_
❑ Prime ❑ Subawardee and Address of Prime: d
Tier ,if known: 'N
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Congressional District,if known: Congressional District,if known: 'a
6. Federal Department/Agency: 7. Federal Program Name/Description:
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CFDA Number,if applicable:
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8. Federal Action Number,if known: 9. Award Amount,if known: Q
$
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10. a. Name and Address of Lobbying Entity b.Individuals Performing Services(including address if d
(if individual,last name,first name,M/e different from No.111a) t
(last name,first name,MI):
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11. Amount of Payment(check all that apply): 13. Type of Payment(check all that apply):
$ ❑actual ❑planned ❑ a. retainer �-
❑ b.one-time fee
12. Form of Payment(check all that apply): ❑ c. commission t
❑ a. cash ❑ d.contingent fee x
❑ b.in-kind;specify: nature ❑ e.deferred
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P ry ❑ f. other;specify:
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value
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14. Brief Description of Services Performed or to be Performed and Date(s)of Service,including officer(s),employee(s), W
or Member(s)contacted,for Payment Indicated in Item 11: LL
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attach Continuation Sheets SF-LL4 d vie ss L
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15. Continuation Sheet(s)SF•LLL-A attached: ❑Yes ❑No �
16. Ittformation teQutntad thm gh thu 1—is wthwizld by title 31 U.S.C. G
Ion 1152.This dncbsun al bbbying activities is a material representation Signature:
of fact upon whkh Mlanca—placed by the tier above when this '^
section w made m an !into.This daclowre is required purwant to Print Name: V
31 Us.C.1352.This inlpma will be repertad to the Congreu semi-
wnually and mlf tr available for public inspectbn.Any canon who foh to Title:
file the required dmlbw shill be wbj—to a civil penalty of not less than
slo.oaoa 1-1 more than 11q i—ro.each—h Wi— Telephone No.: Dale: +'
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'RIRii ;""erg• Authorized for Local Repeodtenion
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Office of the Secretary of the Treasury Pt. 21, App. B Q
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INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES
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This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the i
initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C. O
section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity for +�+
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or 3
employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action.Use the Q
SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate.Complete all items that
apply for both the initial filing and material change report.Refer to the implementing guidance published by the Office of a✓
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Management and Budget for additional information. �
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1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the Ur
outcome of a covered Federal action.
2. Identify the status of the covered Federal action. V
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3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the 0)
information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action. 'N
4. Enter the full name, address, city,state and zip code of the reporting entity. Include Congressional District, if
known.Check the appropriate classification of the reporting entity that designates if if is,or expects to be,a prime
or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier. Q1
Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. C
5. If the organization filing the report in item 4 checks"Subawardee",then enter the full name,address,city,state and
zip code of the prime Federal recipient.Include Congressional District,if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational m
level below agency name,if known. For example,Department of Transportation,United States Coast Guard. ff3
7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full V
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan r-
commitments. Q
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., L
Request for Proposal(RFP)number; Invitation for Bid (IFB)number;grant announcement number;the contract,
grant,or loan award number;the application/proposal control number assigned by the Federal agency). Include ++
prefixes,e.g.,"RFP-DE-90-001." O
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the
Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 00
10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity 00
identified in item 4 to influence the covered Federal action. (D
(b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a). v
Enter Last Name,First Name,and Middle Initial(MI). ++
11. Enter the amount of compensation paid or reasonably expected to be paid,by the reporting entity(item 4)to the
lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(p!anned). Check L
all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned X
to be made. LLB
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12. Check the appropriate box(es).Check all boxes that apply.If payment is made through an in-kind contribution, ILL
specify the nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other,specify nature. LL
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14. Provide a specific and detailed description of the services that the lobbyist has performed,or will be expected to fn
perform,and the dates)of any services rendered.Include all preparatory and related activity,not just time spent in s
actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s),
employee(s),or Member(s)of Congress that were contacted. V
15. Check whether or not a SF-LLL-A Continuation Sheet(s)is attached. —
16. The certifying official shall sign and date the form,print his/her name,title,and telephone number. Q
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Pudic reporting burden for this co lection of information is estimated to average 30 mintues per response,including time for reviewing +'
instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of C
information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions G
for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(034&W46),Washington,D.C.20503, s
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EXHIBIT 7
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
The City of Kent (City) is committed to conform to Federal and State laws regarding equal L
opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who
perform work with relation to this Agreement shall comply with the regulations of the City's equal a
employment opportunity policies.
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The City of Kent and its contractors are subject to and will comply with the following: N
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• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin); Q
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• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs
Of The Department Of Transportation-Effectuation Of Title VI Of The Civil
Rights Act Of 1964); a
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement W
of Title VI of the Civil Rights Act of 1964).
• Ch. 49.60 RCW (Washington Law Against Discrimination) m
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The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and a
Regulations".
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The following statements specifically identify the requirements the City deems necessary for any o
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of Soo
all of the following is required for this Agreement to be valid and binding. If any contractor,
subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined
below, it will be considered a breach of contract and it will be at the City's sole determination x
regarding suspension or termination for all or part of the Agreement. w
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The statements are as follows: LL
1. I have read the attached City of Kent administrative policy number 1.2.
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2. During the time of this Agreement I will not discriminate in employment on the basis of sex, Q
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
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3. During the time of this Agreement I, the prime contractor, will provide a written statement vh
to all new employees and subcontractors indicating commitment as an equal opportunity =
employer.
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4. During the time of the Agreement I, the prime contractor, will actively consider hiring and UM
promotion of women and minorities. Q
5. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
EEO COMPLIANCE DOCUMENTS - 1 of 5 Packet Pg. 123
4.G.a
A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the
Regulations relative to non-discrimination, including those applicable to Federally-
assisted programs of the U.S. Department of Transportation, State-assisted
programs through the Washington State Department of Transportation, and
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they
may be amended from time to time, which are herein incorporated by reference L
and made a part of this contract. 0
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B. Non-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or national 2
origin in the selection and retention of subcontractors, including procurements of N
materials and leases of equipment. The contractor will not participate directly or o
indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program Q
set forth in Appendix B of 49 CFR Part 21. M
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C. Solicitations for Subcontracts, Including Procurements of Materials and c
Equipment: In all solicitations, either by competitive bidding, or negotiation made a�
by the contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this
contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin. m
D. Information and Reports: The contractor will provide all information and reports a
required by the Acts and Regulations and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its o
facilities as may be determined applicable to contractor's contract by the City or the
Washington State Department of Transportation to be pertinent to ascertain 00
compliance with such Acts and Regulations and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the contractor will so certify to the City or the
Washington State Department of Transportation, as appropriate, and will set forth w
what efforts it has made to obtain the information.
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E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with
the non-discrimination provisions of this contract, the City will impose such contract
sanctions as it or the Washington State Department of Transportation may
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determine to be appropriate, including, but not limited to: Q
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a. withholding payments to the contractor under the contract until the c
contractor complies; and/or
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b. cancelling, terminating, or suspending a contract, in whole or in part. _
F. Incorporation of Provisions: The contractor will include the provisions of E
paragraphs (A) through (F) above in every subcontract, including procurements of U
materials and leases of equipment, unless exempt by the Acts and Regulations and a
directives issued pursuant thereto. The contractor will take action with respect to
any subcontract or procurement as the City or the Washington State Department of
Transportation may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
or is threatened with litigation by a subcontractor, or supplier because of such
EEO COMPLIANCE DOCUMENTS - 2 of 5 Packet Pg. 124
4.G.a
direction, the contractor may request the City to enter into any litigation to protect
the interests of the City. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States.
6. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to: L
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Pertinent Non-Discrimination Authorities: a
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i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), N
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part `o
21.
ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and
projects); a
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination
on the basis of sex); W
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, S
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as a
as
amended, (prohibits discrimination based on race, creed, color, national origin, or
0
sex);
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, 00
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the E
programs or activities of the Federal-aid recipients, sub-recipients and contractors, w
whether such programs or activities are Federally funded or not); W
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private
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transportation systems, places of public accommodation, and certain testing entities .2(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation Q
regulations at 49 C.F.R. parts 37 and 38;
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) 0
(prohibits discrimination on the basis of race, color, national origin, and sex);
x
X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures Non-discrimination against
minority populations by discouraging programs, policies, and activities with U
disproportionately high and adverse human health or environmental effects on Q
minority and low-income populations;
xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure
EEO COMPLIANCE DOCUMENTS - 3 of 5 Packet Pg. 125
4.G.a
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq).
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) N
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7. The submission of the final invoice for this contract will constitute a reaffirmation that the
preceding statements were complied with during the course of the contract's performance. Q
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By signing below, I agree to fulfill the five requirements referenced above.
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CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
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SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 0
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APPROVED BY Dana Ralph, Mayor o
POLICY: a
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Equal employment opportunity and non-discrimination in contracting requirements for the City of 0
Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and
suppliers of the City must guarantee equal employment opportunity within their organization and,
if holding Agreements with the City amounting to $10,000 or more within any given year, must
take the following affirmative steps: W
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer. m
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2. Actively consider for promotion and advancement available minorities and women. a
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Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the Z
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination 20
Policy Declaration, prior to commencing performance. 00
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement. x
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Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public W
Works Departments to coordinate with the City's Title VI coordinator, and perform the following u-
duties for their respective departments. `n
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1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these Q
regulations are familiar with the regulations and the City's equal employment opportunity
policy. c
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2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. Cn
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EEO COMPLIANCE DOCUMENTS - 5 of 5 Packet Pg. 127
4.G.a
Exhibit 8
Insurance Requirements
Insurance "
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The Contractor shall procure and maintain for the duration of the a
Agreement, insurance against claims for injuries to persons or damage to
property which may arise from or in connection with the performance of the
work hereunder by the Contractor, their agents, representatives, employees, ."
or subcontractors. 0
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A. Minimum Scope of Insurance
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Contractor shall obtain insurance of the types described below:
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Commercial General Liability insurance shall be written on Insurance
Services Office (ISO) occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors,
products-completed operations, personal injury and advertising injury,
and liability assumed under an insured contract. The Commercial 00
General Liability insurance shall be endorsed to provide the Aggregate L
Per Project Endorsement ISO form CG 25 03 11 85. The City shall be a
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named as an insured under the Contractor's Commercial General
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Liability insurance policy with respect to the work performed for the 0
City using ISO additional insured endorsement CG 20 10 11 85 or a
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substitute endorsement providing equivalent coverage. If a general00
aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall
be twice the required occurrence limit. w
The Contractor may use Umbrella or Excess Policies to provide the W
liability limits as required in this Agreement. This form of insurance will
be acceptable if all the Primary and Umbrella or Excess Policies shall M
provide all the insurance coverages herein required. The Umbrella or
Excess policies shall be provided on a true "following form" or broader a
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coverage basis, with coverage at least as broad as provided on the
underlying Commercial General Liability insurance. 2
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Automobile Liability insurance providing bodily injury and property
damage liability coverage for all automobiles/vehicles used in the
performance of this Agreement. This coverage must be on a primary
and non-contributory basis only. Coverage shall be written on ISO
form CA 00 01, or a substitute form providing equivalent liability a
Packet Pg. 128
4.G.a
coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage.
Workers' Compensation coverage for the employees of Contractor and
subcontractors as required by the Industrial Insurance laws of the w
State of Washington. a
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B. Minimum Amounts of Insurance w
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Contractor shall maintain the following insurance limits: 0
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Commercial General Liability insurance shall be written with limits no
less than $1,000,000 per occurrence, $2,000,000 general aggregate.
Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000
Primary Non-Contributory Additional Insured coverage for the City of
Kent, et. al.
Waiver of Subrogation
Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per occurrence. 00
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If the Contractor maintains broader coverage and/or higher limits than the a
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minimums shown above, the City requires and shall be entitled to the
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broader coverage and/or the higher limits maintained by the Contractor. Any 0
available insurance proceeds in excess of the specified minimum limits of
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insurance and coverage shall be available to the City. The above policyco
limits may be obtained with excess liability (umbrella) insurance.
C. Other Insurance Provisions w
The insurance policies are to contain, or be endorsed to contain, the W
following provisions:
1. The Contractor's insurance coverage shall be primary insurance
with respect to the City. Any insurance, self-insurance, or a
insurance pool coverage maintained by the City shall be in
excess of the Contractor's insurance policies and shall not E
contribute to the Contractor's insurance policies.
2. Contractor's insurer must deliver or mail written notice of
cancellation to the named insured at least forty-five (45) days
before the effective date of the cancellation. The Contractor's r
insurance policy shall include an endorsement that provides the a
City with written notice of cancellation forty-five (45) days
Packet Pg. 129
4.G.a
before the effective date of the cancellation. If Contractor's
insurer fails to provide the City with a copy of the notice of
cancellation endorsement, the Contractor must notify the City of
any cancellation, nonrenewal or termination within two (2)
business days of their receipt of such notice. 0
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3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) with respect to work
performed by or on behalf of the Contractor and a copy of the
endorsement naming the City as an additional insured shall be 0
attached to the Certificate of Insurance. The City reserves the a
right to receive a certified copy of all required insurance policies.
The Contractor's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately
to each insured against whom claims are made or suit is r_
brought, except with respect to the limits of the insurer's
liability.
D. Acceptability of Insurers
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Insurance is to be placed with insurers with a current A.M. Best rating of not L
less than A:VII. a
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E. Verification of Coverage 0
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Contractor shall furnish the City with original certificates and a copy of the00
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work. The City waives no w
rights, and the Contractor is not excused from performance if Contractor
fails to provide the City with a copy of the endorsement naming the City as a W
Primary Non-Contributory Additional Insured.
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F. Subcontractors
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Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor. 2
All coverage for subcontractors shall be subject to all the same insurance Ch
requirements as stated herein for the Contractor.
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Packet Pg. 130
4.H
POLICE DEPARTMENT
Rafael Padilla, Police Chief
220 Fourth Avenue South
KENT Kent, WA 98032
W A S H i N G T O N 253-852-2121
DATE: September 19, 2023
TO: Kent City Council - Committee of the Whole
SUBJECT: Washington Traffic Safety Commission Interagency
Agreement for the Walker and Roller Safety Grant Program -
Authorize
MOTION: I move to accept grant funds in the amount of $614,000 from the
Washington Traffic Safety Commission for the Walker and Roller Safety
Grant Program, amend the budget, authorize expenditure of funds, and
authorize the Mayor to sign all necessary agreements and other
documents, subject to final terms and conditions acceptable to the Police
Chief and City Attorney.
SUMMARY: For the past two years, the Kent Police Department has served as the
fiscal agent for the Walker and Roller Safety Grant Program which emphasizes
safety for all walkers and rollers along Pacific Highway South from Federal Way
north to Tukwila. Strategies used over the past two years include driver
enforcement, education and outreach to community members including billboard
and King County metro bus ads, purchasing pedestrian safety signage, observation
studies of driver behavior with regard to pedestrians and bicyclists, training of law
enforcement officers on walker and roller traffic safety laws, and bike rodeos
partnering with the Kent Bicycle Advisory Board and the Public Health - Seattle &
King County's Bicycle Safety Program. The Target Zero Manager housed in the
Kent Police Department has coordinated this project along with the other Target
Zero Managers housed at Public Health - Seattle & King County.
WTSC reviewed crash data for the state of Washington and south King County has
the highest number of serious injury and fatal crashes involving pedestrians.
Because of this, WTSC is increasing investments in traffic safety programming for
all of King County. This Walker and Roller program will continue work along Pacific
Highway South during the upcoming fiscal year and it will also expand safety work
beyond this one stretch of roadway to other parts of south King County showing
high numbers of pedestrian/bicycle and vehicle crashes. This agreement is for three
years totaling $614,000 over the three-year period. The budget for year one will be
$134,000. Budgets for years 2 and 3 will be developed as the King County Target
Zero leadership team identifies other high crash roadways and strategies to address
the behaviors causing the crashes. During this fiscal year, one strategy will be to
develop a Pedestrian Safety Task Force for King County. Another strategy will be to
Packet Pg. 131
4.H
continue the education and outreach work. Driver observation studies will also be
completed.
This agreement is a three-year agreement with a total funding amount of $614,000
spread over each year (year 1 = $134,000). The funding will become available
October 1, 2023 and will run through September 30, 2026.
BUDGET IMPACT: Grant funding for a total of $614,000 over the three-year
period.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Interagency Agreement-2024-FG-5017-Pacific Highway (SR 99) South
Walker and Roller Safety Program (PDF)
Packet Pg. 132
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INTERAGENCY AGREEMENT 0-
BETWEEN BETWEEN THE
Washington Traffic Safety Commission
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Kent Police Department
THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety o
Commission, hereinafter referred to as "WTSC," and Kent Police Department, hereinafter referred to as
"SUB-RECIPIENT."
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NOW THEREFORE, in consideration of the authority provided to WTSC in RCW 43.59 and RCW 39.34,
terms, conditions, covenants, and performance contained herein, or attached and incorporated and mad( LM
a part hereof, the parties mutually agree as follows: _
1. PURPOSE OF THE AGREEMENT: a
The purpose of this Agreement is to provide funding, provided by the United States Department of o
Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the c2
Assistance Listing/Catalog of Federal Domestic Assistance (CFDA) #20.616, for traffic safety grant
project 2024-FG-5017-Pacific Highway (SR 99) South Walker and Roller Safety Program. N
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2. PERIOD OF PERFORMANCE E
The period of performance of this Agreement shall commence upon the date of execution by both partieE 4"
or October 01, 2023, whichever is later, and remain in effect until September 30, 2026, unless terminates a
sooner, as provided herein.
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3. STATEMENT OF WORK r
The SUB-RECIPIENT shall carry out the provisions of the traffic safety project described here as the
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Statement of Work (SOW). If the SUB-RECIPIENT is unable to fulfill the SOW in any manner on this
project, the SUB-RECIPIENT must contact the WTSC program manager immediately and discuss a
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potential amendment. All Federal and State regulations will apply. N
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3.1 SCOPE OF WORK
3.1.1 Problem ID and/or Opportunity
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This project seeks to reduce the number of serious injury and deaths of walkers and rollers on Pacific
Highway South in King County WA. This project is focused on a portion of Pacific Highway South that
runs through King County from Federal Way to Tukwila, between mile posts 6.15 and 24.17. According tc a
crash data provided by Washington State Department of Transportation, between January 2, 2017 and
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December 31, 2020 there were a total of 38 collisions with serious injuries or fatalities involving walkers cn
and rollers along this stretch of highway. Of these collisions, 34 involved pedestrians and four involved
bikes. °
Supporting Data
The Walker and Roller grant program for King County, focusing on South SR 99, was a great success foi
the 2021-2022 grant year. The Target Zero program succeeded in the following goals:
• Created and trained on a Law Enforcement curriculum on Walker and Roller Safety o
• Deployed High Visibility Enforcement throughout the target area with a pre and post observational
survey
• Created and launched a messaging campaign that included: social media, press release, and U)
purchased billboard time along the roadway
• Translated multiple bicycle safety documents LM
Some key highlights and outcomes from those endeavors are outlined below.
Key Learnings from Walker and Roller Training: a
• 100% of participants in the training that took the pre and post survey raised their knowledge of RCWs o
and laws pertaining to pedestrians and bicycles. c2
• 100% of participants in the training that took the pre and post survey raised their competency in
recognizing walker and roller law violations N
• 71% of participants that completed the pre and post survey raised their skills and ability to recognize
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and act on walker and roller law violations E
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• 71% of participants that completed the pre and post survey raised their confidence to recognize and act
on walker and roller law violations a
• 100% of law enforcement that participated in the training and pre and post survey said they are more
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likely to stop drivers for walker and roller law violations
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Key Learnings from the 2021-2022 Grant Year Observational Survey and Enforcement Activities:
• There was an overall decrease of 50% in the percent of cars speeding along South SR 99 between the w
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pre-enforcement survey and the second post-enforcement survey
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• The number and percent of cars speeding varied by location but generally the cities that were able to N
deploy more patrols had larger and longer sustaining decreases in incidences of speeding. N
• Top speed of a vehicle observed along this stretch of road was -100mph
• There was no observed difference in the occurrence of the other driver and pedestrian behaviors
between the pre and two post enforcement patrols. More information would be useful for targeting M
changes to these behaviors. E
• This report did not evaluate the impact of the media and social media that accompanied this campaign.
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Billboards and posters were placed along this roadway later in the summer and were not part of this a
observational period W
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• It is unknown how the previous state-wide distracted driving campaign influenced the outcomes in thes( in
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surveys. a�
Though out efforts were well executed and received for the previous grant period there is still much to be �°
done. An unpublished paper by Public Health - Seattle & King County found that it often takes more thar
one year to create a lasting impact along a problem roadway. Below is some additional crash data and
pedestrian/bicycle involved crash data for this stretch of South SR 99 from 2017-2022. It's estimated that o
2022 will match the 5-year record high for pedestrian/bicycle involved crashes this year. All of this points s
to a need to continue this planning work into the 2022-2023 grant year to see the full impact of our effort: 'o
to reduce walker and roller injuries and deaths along South SR 99.
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Table 1: Number of collisions with serious injuries or fatalities involving pedestrians or bikes along Pacific
Highway between mileposts 6.15-24.17 from 01/01/2017 - 12/31/2020:
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Pedestrians Involved Bikes Involved Total
Serious Injuries 27 3 30 a
Fatalities 9 1 10
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3.1.2 Project Purpose and Strategies
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Scope of Work
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This project seeks to reduce the number of serious injury and deaths of walkers and rollers on Pacific
Highway South in King County WA. This project is focused on a portion of Pacific Highway South that L
runs through King County from Federal Way to Tukwila, between mile posts 6.15 and 24.17. a
Project Strategies, Objectives, and Measures
Goal 1: Decrease the percent of drivers with unsafe behavior concerning walkers and rollers by 10%
along South SR 99 through driver education and increased signage by September 30, 2024. 2
Objective 1-1 - Create and launch a robust media and market campaign for walker and roller safety alon c
SR99 to target driver awareness of walkers and rollers along the roadway. Contract with C+C to design
and conduct this enhance media and marketing campaign by enhancing the material built in previous
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years and increasing the number of impressions and changing driver behavior. N
Measure 1-1 — Decrease unsafe driver behavior and increase the awareness among drivers for the N
presence of walkers and rollers by 10 percent by the end of the project. Measurement will come from the U-
number of impressions created through the media and marketing campaigns.
Objective 1-2 — Create and install pedestrian signage (such as dynamic pedestrian triggered signs or M
dynamic no right turn on red signs) along the SR99 South to increase awareness of drivers for the E
presence of walkers and rollers. Work with community partners and local jurisdiction to identify c
appropriate signage and location of signs. Purchase signs and have them installed along the roadway. a`
Conduct pre and post observational study to identify impact of the installation of the visual signs for
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drivers. in
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Measure 1-3 Decrease the speed of drivers and increase the awareness among drivers for the presence w°
of walkers and rollers by 10 percent by the end of the project. The measurement will come from pre- and
post-signage observational surveys at selected intersections and conflict points. Y
Goal 2: Increase public knowledge and awareness of walker and roller safety issues and ways to
increase personal safety while walking and rolling through public outreach and education efforts from law
enforcement, community agencies, and others by 10 percent by September 30, 2024. rn
Objective 2-1 Distribute education and training to public via law enforcement, community-based
organizations, and others on walker and roller safety. Educational materials and distribution could includ(
social media advertising, billboard ads, radio ads, bus ads, transportation ads, and other applicable
methods. 3
Objective 2-2 Engage with community members at local events to continue to increase knowledge about
pedestrian and bicycling laws and community norms. x
Measure 2-1 Increase knowledge of community members about walker and roller safety issues and 0
strategies to mitigate risk by 10 percent before the end of the project period. The measurement will come
from the number of impressions gained through the media and marketing as well as the number of o
community outreach events attended by law enforcement and other community partners for walker and 0
roller education. N
Goal 3: Research and implement strategies to increase walker and roller safety throughout South King N
County (not just along SR99 South) by September 30, 2024.
Objective 3-1 Research key target areas and methods to increase walker and roller safety throughout E
South King County. This will most likely include community engagement efforts to understand the needs a
and priorities of the community. This will ultimately lead to the development of a multi-year grant plan to
achieve these goals by May 31, 2024. CD
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Measure 3-1 Development of a multi-year grant plan to be submitted to WTSC for funding
Objective 3-2 Engage South King County community and partners in the development (or redevelopmen- c
of Pedestrian Task Force to work on the walker and roller needs throughout South King County by
CD
September 30, 2024. E
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Measure 3-2 Launch of the Pedestrian Task Force. List of partners involved in the Pedestrian Task N
Force. Key priorities outlined for focus of the task force. N
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3.2 PROJECT GOALS
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1) Decrease the percent of drivers with unsafe behavior concerning walkers and rollers by 10% E
along South SR 99 through driver education and increased signage by September 30, 2024.
2) Increase public knowledge and awareness of walker and roller safety issues and ways to a
increase personal safety while walking and rolling through public outreach and education efforts from lave r
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enforcement, community agencies, and others by 10 percent by September 30, 2024. n
3) Research and implement strategies to increase walker and roller safety throughout South King 2
County (not just along SR99 South) by September 30, 2024. 0
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3.2.1 The objectives, measures and timelines listed in Appendix A will be reviewed at least annually by
the designated contacts of the SUB-RECIPIENT and WTSC, and may be updated pursuant to clause 6 c
this AGREEMENT. For the purposes of this section only, the parties' DESIGNATED CONTACTS, as
listed in clause 42, are authorized to execute these amendments to Appendix A.
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3.3. COMPENSATION
3.3.1 The cost of accomplishing the work described in the SOW will not exceed $614,000.00, for the U)
entire period of performance, as allocated to each year of this agreement in Section 3.4 PROJECT
COSTS. Unspent contract funds from each year do NOT carry over into subsequent years and each
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year's budget is independent of the others. x
3.3.2 Payment for satisfactory performance of the work shall not exceed this amount unless the parties amu
mutually agree to a higher amount in a written Amendment to this Agreement executed by both parties. r
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3.3.3 After the first year, continuation is subject to funding availability, agreement on future objectives ani
measures, and satisfactory progress toward completion of agreed upon goals (as determined by WTSC): o
as set forth in the SOW. N
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3.3.4 If the SUB-RECIPIENT intends to charge indirect costs, an Indirect Cost Rate must be established
in accordance with WTSC policies, and an approved cost allocation plan may be required to be submittei a
to the WTSC before any performance is conducted under this Agreement. Indirect cost rates are subject
to change based on updated Indirect Rate Letters from a cognizant federal agency or approved cost
allocation plans. If the indirect rate increases, the budget will be modified by deducting the amount of the
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indirect rate increase from other budget categories so that the total budget does not increase. The total S
budget may not increase without an amendment to this agreement executed by both parties.
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3.3.5 WTSC will only reimburse the SUB-RECIPIENT for travel related expenses for travel defined in the N
scope of work and budget or for which approval was expressly granted. The SUB-RECIPIENT must N
submit a travel authorization form (A-40) to request approval for any travel not defined in the SOW and
for all travel outside of the continental United States. v
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3.3.6 WTSC will reimburse travel related expenses consistent with the written travel policies of the SUB- E
RECIPIENT. If no written policy exists, state travel rates and policies (SAAM Chapter 10) apply. If WTSC
makes travel arrangements on behalf of the SUB-RECIPIENT, state travel policies must also be followed a
Washington State Administrative & Accounting Manual (SAAM) Chapter 10 can be obtained at this
website: https://www.ofm.wa.g ov/sites/default/files/public/legacy/policy/10.htm. If for any reason, this
information is not available at this website, contact the WTSC office at 360-725-9860 to obtain a copy. If
following state travel policies, the SUB-RECIPIENT must provide appropriate documentation (receipts) tc 0
support reimbursement requests, including the A-40 Travel Authorization form if required.
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3.3.7. Any equipment that will be purchased under this agreement with a purchase price over $5,000 19
must be pre-approved by NHTSA prior to purchase. Pre-approval must also be gained if funding from thi:
agreement is used to purchase a portion of an item with a purchase price of $5,000 or higher. Approval o
for these purchases will be facilitated by WTSC. WTSC will notify the SUB-RECIPIENT when approval
has been gained or denied. Failure to receive pre-approval will preclude reimbursement. SUB-
RECIPIENT will provide WTSC with purchase price, quote, manufacturer, description of its use in the U)
project, and documentation showing that it is made in America. Any equipment purchased with NHTSA
funds, must be used exclusively for traffic safety purposes or the cost must be pro-rated. LM
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3.3.8. All equipment must be inventoried by the SUB-RECIPIENT. The SUB-RECIPIENT agrees to
maintain the equipment, continue to use it for project purposes, and report on its status to WTSC each a
year when requested. r
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3.3.9. Equipment is defined as any asset with a useful life greater than one year AND a unit cost of
$5,000 or greater, and small and attractive assets. Small and attractive assets are the following if they a o
unit cost of $300 or more:
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• Laptops and Notebook Computers i
• Tablets and Smart phones a
Small and attractive assets also include the following if they have a unit cost of $1000 or more:
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• Optical Devices, Binoculars, Telescopes, Infrared Viewers, and Rangefinders
• Cameras and Photographic Projection Equipment
• Desktop Computers (PCs) E
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• Television Sets, DVD Players, Blu-ray Players and Video Cameras (home type) N
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3.4 PROJECT COSTS M
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The costs for the work under the SOW to be provided by the SUB-RECIPIENT are as follows:
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Year 1: $134,000.00
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Year 2: $235,000.00
Year 3: $245,000.00
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APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: Y
4. ACTIVITY REPORTS
The SUB-RECIPIENT will submit progress reports on the activity of this project in the form provided by
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the WTSC using the WTSC Enterprise Management System (WEMS) Progress Reporting process or a
other alternate means pre-approved by WTSC. The SUB-RECIPIENT will include copies of publications, w
training reports, advertising, social media posts, meeting agendas, and any statistical data generated in
project execution in the reports. The final report will be submitted to WTSC within 30 days of termination
of this Agreement. WTSC reserves the right to delay the processing of invoices until activity reports are
received and approved. 2
5. ADVANCE PAYMENTS PROHIBITED a
No payments in advance of or in anticipation of goods or services to be provided under this Agreement Q
shall be made by the WTSC.
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6. AGREEMENT ALTERATIONS AND AMENDMENTS N
This Agreement may be amended by mutual agreement of the parties in the form of a written Amendmer
to this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel
authorized to bind each of the parties. a
7. ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the parties hereto.
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8. ASSIGNMENT
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The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, N
without the express prior written consent of the WTSC, which consent shall not be unreasonably withhelc U_
The SUB-RECIPIENT shall provide the WTSC a copy of all third-party contracts and agreements enterec
into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable M
federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of E
the funds provided under this Agreement include funds from NHTSA, such third-party contracts and
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agreements must include the federal provisions set forth in this Agreement in sections 32 through 41. a`
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9. ATTORNEYS' FEES
In the event of litigation or other action brought to enforce the Agreement terms, each party agrees to a,
bear its own attorney fees and costs. 0
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10. BILLING PROCEDURE
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The SUB-RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting
documentation as WTSC shall require. All invoices for reimbursement shall be submitted through the
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WEMS invoicing process, or via alternate method if approved by WTSC. Payment to the SUB- o
RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC
within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of
the Agreement, any claim for payment not already made shall be submitted within 45 days after the N
expiration date of this Agreement. All invoices for goods received or services performed on or prior to 3
June 30, must be received by WTSC no later than August 10 of the same calendar year. All invoices for
goods received or services performed between July 1 and September 30, must be received by WTSC nc
later than November 10 of the same calendar year. WTSC reserves the right to delay the processing of
invoices until activity reports required by Section 4 of this agreement, are received and approved. a
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11. CONFIDENTIALITY/ SAFEGUARDING OF INFORMATION
The SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information 4
which may be classified as confidential, for any purpose not directly connected with the administration of o
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this Agreement, except with prior written consent of the WTSC, or as may be required by law.
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12. COST PRINCIPLES L
Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. a
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13. COVENANT AGAINST CONTINGENT FEES v,
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The SUB-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission,
brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application c
for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach
of this section by the SUB-RECIPIENT, to annul this Agreement without liability.
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14. DISPUTES N
14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the U_
parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final
and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written M
decision, the SUB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT'S E
appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by o
the Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall a
abide by the decision.
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14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall
continue performance under this Agreement while matters in dispute are being resolved.
14.3 In the event that either Party deems it necessary to institute legal action or proceedings to enforce 2
any right or obligation under this Agreement, the Parties hereto agree that any such action or
proceedings shall be brought in the superior court situated in Thurston County, Washington.
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15. GOVERNANCE Cn
15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state
of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to U)
conform to those laws.
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15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order
15.2.1 . Applicable federal and state statutes and rules a
15.2.2. Terms and Conditions of this Agreement r
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15.2.3. Any Amendment executed under this Agreement 42
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15.2.4. Any SOW executed under this Agreement
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15.2.5. Any other provisions of the Agreement, including materials incorporated by reference o
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16. INCOME dE
Any income earned by the SUB-RECIPIENT from the conduct of the SOW (e.g., sale of publications, i
registration fees, or service charges) must be accounted for, reported to WTSC, and that income must bE a
applied to project purposes or used to reduce project costs.
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17. INDEMNIFICATION
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17.1. To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the
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WTSC, its officers, employees, and agents, and process and defend at its own expense any and all
claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind
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("claims") brought against WTSC arising out of or in connection with this Agreement and/or the SUB- N
RECIPIENT's performance or failure to perform any aspect of the Agreement. This indemnity provision N
applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, U_
or incident to the acts or omissions of the SUB-RECIPIENT, its officers, employees, agents, contractors,
and subcontractors. Provided, however, that nothing herein shall require the SUB-RECIPIENT to M
indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that E
claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; an( o
provided further that if such claims result from the concurrent negligence of (a) the SUB-RECIPIENT, its at
officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, o
agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein cn
shall be valid and enforceable only to the extent of the negligence of the SUB-RECIPIENT, its officers, 2
employees, agents, contractors, or subcontractors.
17.2. The SUB-RECIPIENT agrees that its obligations under this Section extend to any claim, demand
and/or cause of action brought by, or on behalf of, any of its employees or agents in the performance of
this agreement. For this purpose, the SUB-RECIPIENT, by mutual negotiation, hereby waives with
respect to WTSC only, any immunity that would otherwise be available to it against such claims under thi o
Industrial Insurance provisions chapter 51.12 RCW.
17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. U)
18. INDEPENDENT CAPACITY
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The employees or agents of each party who are engaged in the performance of this Agreement shall M
continue to be employees or agents of that party and shall not be considered for any purpose to be
employees or agents of the other party. a
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19. INSURANCE COVERAGE 42
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19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if
required by law. o
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19.2. If the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prio E
to the start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC
with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or a
commercial property liability insurance), as determined appropriate b WTSC, which protects the SUB-
p p Y Y � ) Y p �
RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement.
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20. LICENSING, ACCREDITATION, AND REGISTRATION
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The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation,
and registration requirements and standards necessary for the performance of this Agreement. The SUB
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RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, N
and be responsible for payment of all taxes due on payments made under this Agreement. N
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21. RECORDS MAINTENANCE
21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintain M
books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect E
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costs expended in the performance of the services described herein. These records shall be subject to 0
inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and `a
federal officials so authorized by law. All books, records, documents, and other material relevant to this
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Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors,
the WTSC, and any duly authorized representatives shall have full access and the right to examine any c 2
these materials during this period.
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21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the
other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party 3
will not disclose or make available this material to any third parties without first giving notice to the s
furnishing party and giving them a reasonable opportunity to respond. Each party will utilize reasonable a
security procedures and protections to assure that records and documents provided by the other party n
are not erroneously disclosed to third parties.
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22. RIGHT OF INSPECTION 3
The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all =
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance
under this Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to a
comply with the right to access, amend, and receive an accounting of disclosures of their PersonalLn
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Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any
regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washingtoi
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State law. The SUB-RECIPIENT shall upon request make available to the WTSC and the United States N
Secretary of the Department of Health and Human Services all internal policies and procedures, books,
and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used a., E
a result of this Agreement. 5
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23. RIGHTS IN DATA
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23.1. WTSC and SUB-RECIPIENT agree that all data and work products (collectively called "Work
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Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright c
Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is ;
not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, E
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computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, N
and/or databases to the extent provided by law. Ownership includes the right to copyright, register the N
copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to U_
otherwise use and transfer these rights.
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23.2. If for any reason the Work Product would not be considered a work made for hire under applicable E
law, the SUB-RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all a�
rights in the Work Product and any registrations and copyright applications relating thereto and any a
renewals and extensions thereof. r
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23.3. The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior
review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment 0
of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work
performed under this project shall be referred to the WTSC, who will determine through NHTSA whether 2
patent protections will be sought, how any rights will be administered, and other actions required to
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protect the public interest. 3:
24. SAVINGS Cnn
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way a)
after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the U)
WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without
the 30 day notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion unde
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any new funding limitations or conditions.
25. SEVERABILITY
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If any provision of this Agreement or any provision of any document incorporated by reference shall be r
held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given 42
effect without the invalid provision, if such remainder conforms to the requirements of applicable law and
the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declare o
to be severable.
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26. SITE SECURITY
While on WTSC premises, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conforn a
in all respects with all WTSC physical, fire, or other security policies and applicable regulations.
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27. TAXES
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All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such
expenses for the SUB-RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT.
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28. TERMINATION FOR CAUSE
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If the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreemerr N
or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice of
such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the
SUB-RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB-
RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the E
15-day period, this Agreement may be terminated at the end of that period by written notice of the WTSC
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29. TERMINATION FOR CONVENIENCE r
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Except as otherwise provided in this Agreement, either party may terminate this Agreement, without
cause or reason, with 30 days written notice to the other party. If this Agreement is so terminated, the a,
WTSC shall be liable only for payment required under the terms of this Agreement for services rendered 0
or goods delivered prior to the effective date of termination.
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30. TREATMENT OF ASSETS
30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property 3:
furnished by the SUB-RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed o
as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such
property by the SUB-RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB-
RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such co
property in the performance of this Agreement, or (ii) commencement of use of such property in the 3
performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in par
whichever first occurs.
30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided a
herein or approved by the WTSC, be used only for the performance of this Agreement.
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30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which
results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the o
SUB-RECIPIENT to maintain and administer that property in accordance with sound management
practices. E
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30.4. If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notify a
the WTSC and shall take all reasonable steps to protect the property from further damage.
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30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion,
termination, or cancellation of this Agreement. c
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30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's E
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employees, agents, or sub-contractors. N
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31. WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this M
Agreement. E
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APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR a
PART 1300 APPENDIX A):
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32. BUY AMERICA ACT co
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The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing o
items using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and
manufactured products produced in the United States, unless the Secretary of Transportation determine:
that such domestically produced items would be inconsistent with the public interest, that such materials Y
are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will
increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to
purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate cn
basis and justification, and which is approved by the Secretary of Transportation. o
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33. DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
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33.1. By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the 10WE
tier participant") is providing the certification set out below and agrees to comply with the requirements of a
2 CFR part 180 and 23 CFR part 1200.
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33.2. The certification in this section is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the lower tier participant knowingly o
rendered an erroneous certification, in addition to other remedies available to the federal government, the
department or agency with which this transaction originated may pursue available remedies, including E
suspension and/or debarment.
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33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the IOWE
tier participant learns that its certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
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33.4. The terms covered transaction, civil judgement, debarment, suspension, ineligible, participant,
person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and E
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1200.
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33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any >-
lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpai
9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered M
transaction, unless authorized by WTSC. E
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33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause a
titled "Instructions for Lower Tier Certification" including the "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification
in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will 2
require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1200. c
33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, Y
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows the
the certification is erroneous. A participant is responsible for ensuring that its principals are not
suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility 0 0
of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, a)
but is not required to, check the System for Award Management Exclusions website U)
(https://www.sam.gov/).
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33.8. Nothing contained in the foregoing shall be construed to require establishment of a system of x
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent a
person in the ordinary course of business dealings. r
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33.9. Except for transactions authorized under paragraph 33.5. of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is proposec o
for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded 2
from participation in this transaction, in addition to other remedies available to the Federal government,
the department or agency with which this transaction originated may pursue available remedies, includini i
suspension or debarment. a
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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transactions
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33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fron,
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participation in this transaction by any federal department or agency. N
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33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, >_
such participant shall attach an explanation to this Agreement.
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34. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) E
34.1. The SUB-RECIPIENT shall:
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34.1.1 . Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, r
possession, or use of a controlled substance is prohibited in the SUB-RECIPIENT'S workplace, and shal m
specify the actions that will be taken against employees for violation of such prohibition.
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34.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse
in the workplace; the SUB-RECIPIENT's policy of maintaining a drug-free workplace; any available drug
counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed Y
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upon employees for drug violations occurring in the workplace. 3:
34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a con
copy of the statement required by paragraph 34.1.1. of this section.
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34.1.4. Notify the employee in the statement required by paragraph 34.1.1 . of this section that, as a
condition of employment under the grant, the employee will abide by the terms of the statement, notify th
employer of any criminal drug statute conviction for a violation occurring in the workplace no later than LM
five days after such conviction, and notify the WTSC within 10 days after receiving notice from an
employee or otherwise receiving actual notice of such conviction. a
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34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 34.1 .4. of Q
this section, with respect to any employee who is so convicted: take appropriate personnel action agains
such an employee, up to and including termination, and/or require such employee to participate N
satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a
federal, state, or local health, law enforcement, or other appropriate agency. E
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34.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of a
all of the paragraphs above.
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35. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
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In accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC the names and tote
compensation of the five most highly compensated officers of the entity, if the entity in the preceding
fiscal year received 80 percent or more of its annual gross revenues in federal awards, received
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$25,000,000 or more in annual gross revenues from federal awards, and if the public does not have N
access to information about the compensation of the senior executives of the entity through periodic N
reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the U_
Internal Revenue Code of 1986. v
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36. FEDERAL LOBBYING E
36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: M,
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36.1.1 . No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a Member n
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connectio
with the awarding of any federal contract, the making of any federal grant, the making of any federal loan 0
the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, o
modification of any federal contract, grant, loan, or cooperative agreement.
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36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person fo 3:
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this federe c°0
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard a)
Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. U)
36.1.3. The undersigned shall require that the language of this certification be included in the award
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documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grant, E
loans, and cooperative agreements), and that all sub-recipients shall certify and disclose accordingly.
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36.2. This certification is a material representation of fact upon which reliance was placed when this r
transaction was made or entered into. Submission of this certification is a prerequisite for making or 42
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file U_
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than o
$100,000 for each such failure. N
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37. NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.) i
37.1. During the performance of this Agreement, the SUB-RECIPIENT agrees: a
37.1.1 . To comply with all federal statutes and implementing regulations relating to nondiscrimination
("Federal Nondiscrimination Authorities"). These include but are not limited to:
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37.1.1 .1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252
37.1.1 .2. 49 CFR part 21
37.1.1 .3. 28 CFR section 50.3 E
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37.1.1 .4. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 N
37.1.1 .5. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.) N
37.1.1 .6. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.)
37.1.1 .7. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.)
37.1.1 .8. The Civil Rights Restoration Act of 1987 M
37.1.1 .9. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) E
37.1.1 .10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations a
37.1.1 .11. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency
37.1.1 .12. Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities
through the Federal Government W
37.1.1.13. Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender
Identity or Sexual Orientation (D
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37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non- 3:
discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein. o
37.1.3. To keep and permit access to its books, records, accounts, other sources of information, and its
facilities as required by the WTSC, USDOT, or NHTSA in a timely, complete, and accurate way.
Additionally, the SUB-RECIPIENT must comply with all other reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in program guidance. LM
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37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination
provisions in this contract/funding Agreement, the WTSC will have the right to impose such a
contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to r
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withholding payments to the contractor/funding recipient under the contract/agreement until the 422
contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding
agreement, in whole or in part. o
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37.1.5. In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, E
memoranda, and/or guidance, the SUB-RECIPIENT hereby gives assurance that it will promptly take and L
measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, a
or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected
to discrimination under any program or activity, for which the Recipient receives Federal financial
assistance from DOT, including NHTSA". r
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37.1.6 To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and in
every solicitation for a sub-contract or sub-agreement that receives federal funds under this program.
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38. POLITICAL ACTIVITY (HATCH ACT) N
The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the U_
political activities of employees whose principal employment activities are funded in whole or in part with
federal funds. M
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39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage a
or to create checkpoints that specifically target motorcyclists. This Agreement does not include any
aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement.
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40. STATE LOBBYING 0
None of the funds under this Agreement will be used for any activity specifically designed to urge or
influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal
pending before any state or local legislative body. Such activities include both direct and indirect (e.g.,
"grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary 3:
is supported with NHTSA funds from engaging in direct communications with state or local legislative o
officials, in accordance with customary state practice, even if such communications urge legislative
officials to favor or oppose the adoption of a specific pending legislative proposal.
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41. CERTIFICATION ON CONFLICT OF INTEREST
41.1. No employee, officer or agent of the SUB-RECIPIENT who is authorized in an official capacity to
negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any
subaward, including contracts or subcontracts, in connection with this grant shall have, directly or
indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest a
would arise when the employee, officer, or agent, any member of his or her immediate family, his or her o
partner, or an organization which employs or is about to employ any of the parties indicated herein, has 422
financial or personal interest in or a tangible personal benefit from an entity considered for a subaward.
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41.2. Based on this policy:
41.2.1 . The SUB-RECIPIENT shall maintain a written code or standards of conduct that provide for E
disciplinary actions to be applied for violations of such standards by officers, employees, or agents. The
code or standards shall provide that the SUB-RECIPIENT's officers, employees, or agents may neither a
solicit nor accept gratuities, favors, or anything of monetary value from present or potential sub-
awardees, including contractors or parties to subcontracts and establish penalties, sanctions or other
disciplinary actions for violations, as permitted by State or local law or regulation. r
41.2.2. The SUB-RECIPIENT shall maintain responsibility to enforce the requirements of the written cod( w
or standards of conduct.
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41.3. No SUB-RECIPIENT, including its officers, employees or agents, shall perform or continue to N
perform under a grant or cooperative agreement, whose objectivity may be impaired because of any N
related past, present, or currently planned interest, financial or otherwise, in organizations regulated by U-
NHTSA or in organizations whose interests may be substantially affected by NHTSA activities.
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41.3.1 . The SUB-RECIPIENT shall disclose any conflict of interest identified as soon as reasonably E
possible, making an immediate and full disclosure in writing to WTSC. The disclosure shall include a o
description of the action which the recipient has taken or proposes to take to avoid or mitigate such a
conflict.
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42. DESIGNATED CONTACTS a�
The following named individuals will serve as designated contacts for each of the parties for all
communications, notices, and reimbursements regarding this Agreement:
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The Contact for the SUB-RECIPIENT is: The Contact for WTSC is:
Sara Wood Jessie Knudsen Cnn
swood@kentwa.gov jknudsen@wtsc.wa.gov
253-856-5856 360-725-9860 ext. U)
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43. AUTHORITY TO SIGN 2
The undersigned acknowledge that they are authorized to execute this Agreement and bind their a
respective agencies or entities to the obligations set forth herein. 0
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IN WITNESS WHEREOF, the parties have executed this Agreement. N
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Kent Police Department
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Signature
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Printed Name
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Title
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Date 0
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WASHINGTON TRAFFIC SAFETY COMMISSION
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APPENDIX A
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Project Costs M
Year 1
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DIRECT Indirect Cost Indirect Total r
BUDGET CATEGORY DESCRIPTION AMOUNT Rate Amount Budget
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Employee salaries and o c
benefits $41,460.00 0% $0.00 $41,460.00 0
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Travel $0.00 0% $0.00 $0.00
CD
Contract Services $60,000.00 0% $0.00 $60,000.00
Goods and Services $2,540.00 0% $0.00 $2,540.00 '=
0
Equipment $30,000.00 0% $0.00 $30,000.00
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TOTAL $134,000.00 $0.00 $134,000.00
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Year 2 T
BUDGET CATEGORY DESCRIPTION DIRECT Indirect Cost Indirect Total a
AMOUNT Rate Amount Budget
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Employee salaries and o T
benefits $65,000.00 0% $0.00 $65,000.00
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Travel $0.00 0% $0.00 $0.00
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Contract Services $125,000.00 0% $0.00 $125,000.00
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Goods and Services $15,000.00 0% $0.00 $15,000.00 a
Equipment $30,000.00 0% $0.00 $30,000.00
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TOTAL $235,000.00 $0.00 $235,000.00 r
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Year 3 w
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BUDGET CATEGORY DESCRIPTION DIRECT Indirect Cost Indirect Total N
AMOUNT Rate Amount Budget >_
Employee salaries and
benefits $80,000.00 0% $0.00 $80,000.00
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Travel $0.00 0% $0.00 $0.00
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Contract Services $150,000.00 0% $0.00 $150,000.00
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Goods and Services $15,000.00 0% $0.00 $15,000.00 cn
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Equipment $0.00 0% $0.00 $0.00 2
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TOTAL $245,000.00 $0.00 $245,000.00
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Budget Justification
Employee Salaries and Benefits = $65,360.00
King County Target Zero Managers Region 7 - $75.00/hour X 12 months X 25/hours per month = $22,50 con
King County Target Zero Managers Region 8 - $90.00/hour X 12 months X 12/hours per month = $12,96 CD
9 D.
Target Zero Managers will be responsible for the planning, coordination, and implementation support for w
project.
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Overtime by the five police departments and/or Fire/EMS programs for education and outreach on walker Lm id
roller safety located along South State Route 99 - $6,000.00 ($1,200.00/city). The five participating U
communities are: Federal Way, Kent, Des Moines, SeaTac, and Tukwila. Hours are allocated based on tl L
length of Pacific Highway South running through each city as well as the crash data showing the higher Ii a I
of need. "
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Almeida Consulting and Training, LLC. The consultant will deploy and pre-observational survey before T
pedestrian signage is installed and post-observational survey following the installation of pedestrian sign; u .
The cost of contract with Almeida Consulting and Training is pending discussion with WTSC Research G o t
Program. N
Positive Community Norms campaign to shift unsafe driver behavior - $60,000.00. The project will involve
pre-message research, message development, campaign development, implementation, and evaluation.
Equipment Cost - $30,000.00 Purchase and installation of traffic signage at critical junctions along SR 9c-
Goods and Other Expenses (including printing of translated materials) - $2,540.00 a
Total Direct Costs = $134,000.00
Public Health - Seattle & King County employs a Bicycle Safety Manager through money outlined by the g
County Council. The budget for salary and benefits of that position will be used as match for this grant. L
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Important Notes:
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1. Indirect cost rates are subject to change based on updated Indirect Rate Letters from a cognizant fede N
agency or approved cost allocation plans. If the indirect rate increases, the budget will be modified by N
deducting the amount of the indirect rate increase from other budget categories so that the total budget c > >
not increase.
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2. The total annual budget may not increase without a written amendment to this agreement executed by
both parties.
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3. Adjustments between budget categories within the same year can be made upon mutual agreement o' a
contact for WTSC and the contact for the SUB-RECIPIENT.
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Objectives and Measures
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Goal 1 - Decrease the percent of drivers with unsafe behavior concerning walkers ar
rollers by 10%
along South SR 99 through driver education and increased signage by September 31
2024. Cn
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')bjective Objective Details Completion M
To target driver awareness of walkers and a
rollers along the roadway. Contract with C+C r
Create and launch a robust media and market to design and conduct this enhance media and u2
campaign for walker and roller safety along marketing campaign by enhancing the material 09/30/2024
SR99 built in previous years and increasing the N
number of impressions and changing driver N
behavior.
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(such as dynamic pedestrian triggered signs or
dynamic no right turn on red signs) along the a
SR99 South to increase awareness of drivers
for the presence of walkers and rollers. Work
Create and install pedestrian signage with community partners and local jurisdiction 09/30/2024 a
to identify appropriate signage and location of
signs. Purchase signs and have them installed w
along the roadway. Conduct pre and post
observational study to identify impact of the
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installation of the visual signs for drivers. N
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Conduct pre and post observational study To identify impact of the installation of the 09/30/2024 U_
visual signs for drivers.
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Measure Reporting Type Targi
Frequency o
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Decrease unsafe driver behavior and increase the awareness r
among drivers for the presence of walkers and rollers by 10 M
percent by the end of the project. Measurement will come from Quarterly Outcome 10
the number of impressions created through the media and c
marketing campaigns.
Decrease the speed of drivers and increase the awareness CD
among drivers for the presence of walkers and rollers by 10
percent by the end of the project. The measurement will come Quarterly Outcome 10
from pre- and post-signage observational surveys at selected
intersections and conflict points. (nn
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Goal 2 - Increase public knowledge and awareness of walker and roller safety issue.
and ways to
increase personal safety while walking and rolling through public outreach and
education efforts from law
enforcement, community agencies, and others by 10 percent by September 30, 2024 R_
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Objective Objective Details Completion Dz N
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Distribute education and training to public via
law enforcement, community-based E
organizations, and others on walker and roller
safety. Educational materials and distribution a
could include social media advertising, 09/30/2024
billboard ads, radio ads, bus ads,
transportation ads, and other applicable 2
methods. r
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Engage with community members at local
events to continue to increase knowledge
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about pedestrian and bicycling laws and 09/30/2024 N
community norms. N
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Measure Reporting Type Targi M
Frequency E
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Increase knowledge of community members about walker and 0-
roller safety issues and strategies to mitigate risk by 10 percent a
before the end of the project period. The measurement will come
from the number of impressions gained through the media and Quarterly Process 10
marketing as well as the number of community outreach events a,
attended by law enforcement and other community partners for 0
walker and roller education.
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Goal 3 - Research and implement strategies to increase walker and roller safety
throughout South King o
County (not just along SR99 South) by September 30, 2024.
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)bjective Objective Details Completion Di
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Research key target areas and methods to =
increase walker and roller safety throughout
South King County. This will most likely a
include community engagement efforts to
understand the needs and priorities of the 05/31/2024 CD
community. This will ultimately lead to the
development of a multi-year grant plan to
achieve these goals by May 31, 2024. N
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Engage South King County community and E
partners in the development (or i
redevelopment) of Pedestrian Task Force to
work on the walker and roller needs 09/30/2024
throughout South King County by September
30, 2024.
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Measure Reporting Frequency Type Targi
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Development of a multi-year grant plan to be submitted to WTSC Annual Process 1 CD
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for funding >_
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Launch of the Pedestrian Task Force. List of partners involved in
the Pedestrian Task Force. Key priorities outlined for focus of the Annual Process 1
task force. E
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4.1
PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5600
DATE: September 19, 2023
TO: Kent City Council - Committee of the Whole
SUBJECT: Consultant Services Agreement with KBA, Inc. for East Valley
Highway - Authorize
MOTION: Move to authorize the Mayor to sign the Consultant Services
Agreement with KBA, Inc. in the amount of $401,453, subject to final
terms and conditions acceptable to the Public Works Director and City
Attorney.
SUMMARY: The 84th Avenue South (East Valley Highway) Preservation - South
212th Street to South 196th Street project is a federally funded project to replace
failing asphalt pavement with new concrete pavement at the north and southbound
approaches to South 212th Street, along with milling and replacing existing asphalt
pavement and improving ADA curb ramps between South 212th Street and South
196th Street on East Valley Highway.
The consultant contract is needed to provide contract administration, construction
management, quality control, and inspection on this federally funded project.
Through the selection process, following WSDOT Local Agency Guidelines, the City
selected KBA, Inc. to provide these services, while City staff manage existing
construction projects.
BUDGET IMPACT: This project will be paid for using a combination of Federal
Highway grant and Street funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. 84th Ave S (EVH) Preservation - S 212th Agreement (PDF)
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Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreemen
Agreement Number: LA-10626
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Firm/Organization Legal Name (do not use dba's):
KBA, Inc.
Address Federal Aid Number
11201 SE 8th Street, Suite 160, Bellevue, WA 98004 STBGUL-1073(006) W
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UBI Number Federal TIN Q
601 -426-427 91 -181416
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Execution Date Completion Date 3
12/31/2024
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1099 Form Required Federal Participation
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❑ Yes ❑■ No ■❑ Yes ❑ No Q
Project Title
84th Avenue South (East Valley Highway) Preservation - S. 212th Street to S. 196th Street
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Description of Work
The Consultant will provide Construction Management Services for the 84th Avenue S. (East Valley
Highway) Preservation - S. 212th Street to S. 196th Street project. Services will include consultation, o
contract administration, field observation, documentation, and material testing. For a description, see U
the Consultant's Scope of Services which is attached as Exhibit A and incorporated by this reference.
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❑ Yes ❑■ No DBE Participation Maximum Amount Payable: $401,453 N
❑ Yes ❑■ No MBE Participation
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❑ Yes ❑■ No WBE Participation g
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❑ Yes ❑■ No SBE Participation
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Index of Exhibits a
Exhibit A Scope of Work >
Exhibit B DBE Participation Cn
Exhibit C Preparation and Delivery of Electronic Engineering and Other Data >
Exhibit D Prime Consultant Cost Computations
Exhibit E Sub-consultant Cost Computations
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Exhibit F Title VI Assurances r
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Exhibit G Certification Documents
Exhibit H Liability Insurance Increase
Exhibit I Alleged Consultant Design Error Procedures r
Exhibit J Consultant Claim Procedures Q
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THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this
AGREEMENT, between the City of Kent
hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this
AGREEMENT, hereinafter called the "CONSULTANT." 3
WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one
of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the =,
required commitment and therefore deems it advisable and desirable to engage the assistance of a
CONSULTANT to provide the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to w
professional registration, if applicable, and has signified a willingness to furnish consulting services to the °
AGENCY. m
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or
attached and incorporated and made a part hereof, the parties hereto agree as follows: 3
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I. General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and a
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services,
labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and
complete the SERVICES as designated elsewhere in this AGREEMENT. in
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II. General Scope of Work N
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The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" v
attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was M
developed utilizing performance based contracting methodologies. M
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III. General Requirements E
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All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall a
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or N
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, N
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT c
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or
days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A."
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The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will a
outline in written and graphical form the various phases and the order of performance of the SERVICES in =
sufficient detail so that the progress of the SERVICES can easily be evaluated. w
The CONSULTANT,any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under a
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the
State of Washington. 00
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4.I.a
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,
per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will
be shown on Exhibit `B" attached hereto and by this reference made part of this AGREEMENT. If the Prime 3
CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF) a,
regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
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In the absence of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant w
Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work.
Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. 'q
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The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved �
with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall r
identify any DBE Participation. 3
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All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. E
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C
—Preparation and Delivery of Electronic Engineering and other Data." Q
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All designs, drawings, specifications, documents, and other work products, including all electronic files,
prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of
service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, W
acting through or on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this
SERVICE, shall be without liability or legal exposure to the CONSULTANT. N
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the v
other party by(i) certified mail, return receipt requested, or(ii)by email or facsimile, to the address set forth
below:
If to AGENCY: If to CONSULTANT:
Name: Jason Barry Name: Cameron Bloomer c
Agency: City of Kent Agency: KBA, Inc. E
Address:220 4th Avenue S. Address:11201 SE 8th Street, Suite 160
City: Kent State:WA Zip:98032 City: Bellevue State:WA Zip:98004 Q
Email: JBarry@KentWA.gov Email: cbloomer@kbacm.com N
Phone: (253) 856-5546 Phone: (425)455-9720 N
Facsimile: (253) 856-6500 Facsimile:(425)455-9732
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing i
by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the a
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled"Completion Date." w
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of s
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the 4
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
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4.I.a
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this ,
AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or
SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete
SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov).
A. Hourly Rates: Hourly rates are comprised of the following elements - Direct(Raw) Labor, Indirect Cost Rate, i
and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the >
negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this m
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's w
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direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates J°
shall be memorialized in a final written acknowledgment between the parties. Such final written m
acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date, as memorialized in a final written 3
acknowledgment, to 180 days following the CONSULTANT's fiscal year end(FYE) date.
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The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject to E
renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days
following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must a
be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such a
written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and
"E"will remain in effect for the twelve (12) month period. in
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations
to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 N
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment c
between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this ..
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to R
aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications,
the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the c
CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and E
classifications that will applicable for the twelve (12)month period. i
The fee as identified in Exhibits "D" and"E" shall represent a value to be applied throughout the life of the a
AGREEMENT. N
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The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of C
the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year
rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These .2
rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or
conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in a
effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during a`
the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of
the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect w
cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in Cn
a final written acknowledgment. a
The CONSULTANT shall maintain and have accessible support data for verification of the components of
the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The 00
CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus d
fee. E
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4.I.a
A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long
distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be ,
reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with the WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and
all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of
Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non-salary Costs shall
include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT N
shall maintain the original supporting documents in their office. Copies of the original supporting documents w
shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES `o
provided under this AGREEMENT. a
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B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under Y
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one 3
(I.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII,
"Extra Work."No minimum amount payable is guaranteed under this AGREEMENT.
C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized
in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates Q
established in Exhibit "D," including names and classifications of all employees, and billings for all direct 00
non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's
employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the y
names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the r-
time of the interview. =
D. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be c
made promptly upon its verification by the AGENCY after the completion of the SERVICES under this ..
AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other Im
related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final '
Payment by the CONSULTANT shall constitute a release of all claims for payment, which the c
CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and E
transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, i
however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies a
the AGENCY may pursue with respect to such claims. N
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The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time N
of final audit all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such o
overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund
shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the y
AGENCY of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution a
Procedures," the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin =
the appeal process to the AGENCY for audit findings w
E.Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt a
of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or Z
bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in 00
connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, d
the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is z
completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be
performed by the State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's a
Project Manager. LA-10626
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4.I.a
VI. Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and ,
by this reference made part of this AGREEMENT.
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The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT a,
without prior written permission of the AGENCY. No permission for subcontracting shall create, between the
AGENCY and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit "E"
attached hereto and by this reference made part of this AGREEMENT. w
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub ,o
consultant cost estimate unless a prior written approval has been issued by the AGENCY. m
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fee costs for the sub-consultant shall
be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be 3
memorialized in a final written acknowledgment between the parties
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall E
require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this a,
AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable y
sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national y
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in c
the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. C
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VII. Employment and Organizational Conflict of Interest M
The CONSULTANT warrants that they have not employed or retained any company or person, other than a E
bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not
paid or agreed to pay any company or person, other than a bona fide employee working solely for the a,
CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, a
contingent upon or resulting from the award or making of this agreement. For breach or violation of r
this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its N
discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount
of such fee, commission, percentage,brokerage fee, gift, or contingent fee. 0
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's E
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other w
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT. a
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of 00
this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except d
regularly retired employees, without written consent of the public employer of such person if he/she will be z
working on this AGREEMENT for the CONSULTANT.
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Agreement Number:
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4.I.a
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, ,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
3
• Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (Public Law a,
(42 U.S.C. Chapter 21 Subchapter V § 100-259)
2000d through 2000d-4a) • American with Disabilities Act of 1990 (42 2
• Federal-aid Highway Act of 1973 (23 U.S.C. Chapter 126 § 12101 et. seq.)
U.S.C. Chapter 3 § 324) • 23 CFR Part 200 w
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• Rehabilitation Act of 1973 • 49 CFR Part 21 '°
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(29 U.S.C. Chapter 16 Subchapter V § • 49 CFR Part 26 Y
794) • RCW 49.60.180
3
• Age Discrimination Act of 1975 (42 c
U.S.C. Chapter 76 § 6101 et. seq.) E
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In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit
"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Q
Exhibit "F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt
by the Regulations or directives issued pursuant thereto.
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IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon N
ten(10) days written notice to the CONSULTANT. 0
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the c
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of M
termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this
AGREEMENT. a
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No payment shall be made for any SERVICES completed after ten (10) days following receipt by the i
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to a
Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two
(2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the N
AGENCY for any excess paid. cn
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the c
CONSULTANT,the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing a`
SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily =
completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY w
at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES vn
required and the time which may be required to do so, and other factors which affect the value to the AGENCY a
of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this s
subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of
00
this section.
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If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT's failure E
to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be
deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be a
reimbursed for actual costs in accordance with the termination for other than default clauses listed previously.
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4.I.a
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any
member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's
supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved
CONSULTANT employee. 3
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or 0
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The =,
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this
AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to
renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be w
made to the CONSULTANT as set forth in the second and third paragraphs of this section. `o
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any m
remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the Y
CONSULTANT,or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. r
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Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those
rights with respect to any future act or omission by the CONSULTANT. E
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X. Changes of Work a
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The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY
find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof y
changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall
be considered as Extra Work and will be paid for as herein provided under section XIII"Extra Work." N
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XI. Disputes
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Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If E
the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted
under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal a
action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in N
the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The N
parties hereto agree that all questions shall be resolved by application of Washington law and that the parties
have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of c
Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State
of Washington, situated in the county in which the AGENCY is located.
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XII. Legal Relations a
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local w
laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed v�
under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws a
of the State of Washington. s
The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY 00
and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or d
in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the E
CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any
tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall a
require a CONSULTANT
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4.I.a
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold
harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based
solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the
AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tie , or any other
3
persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims a,
or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the
CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, >
officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom
the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and w
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enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's ,O
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the m
CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between Y
CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. 3
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers a
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the E
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, a�
patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the Q
CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other C
persons for whom the CONSULTANT may be legally liable, in performance of the Work under this
AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, y
information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and r-
employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or
copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents', 00
officers and employees' failure to comply with specific written instructions regarding use provided to STATE c
and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub- M
consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be
legally liable. E
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. i
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its a
sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due N
notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter N
42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under,
this AGREEMENT. c
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The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this
indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial a`
insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver. _
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of w
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during a
contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for
proper construction techniques, job site safety, or any construction contractor's failure to perform its work in 00
accordance with the contract documents.
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The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance 10.
Commissioner pursuant to Title 48 RCW. a
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4.I.a
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with 3
minimum limits of one million dollars ($1,000,000.00)per occurrence and two million dollars
($2,000,000.00) in the aggregate for each policy period. x
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage
for any"Auto" (Symbol 1)used in an amount not less than a one million dollar($1,000,000.00) combined >
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single limit for each occurrence.
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Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and J°
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- a
consultant and/or subcontractor as an additional insured (the "Als"), with no restrictions or limitations Y
concerning products and completed operations coverage. This coverage shall be primary coverage and non- r
contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the 3
additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or a
subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall E
furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The a,
AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. Q
N
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All insurance shall be obtained from an insurance company authorized to do business in the State of 2
Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) y
days of the execution of this AGREEMENT to:
Name: Jason Barry
Agency: City of Kent c
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Address: 220 4th Avenue South c
City: Kent State:WA Zip: 98032 M
Email: JBarry@KentWA.gov
Phone: (253) 856-5546
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Facsimile:(253) 856-6500 a
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the r
AGENCY. N
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to c
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of
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the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way. a`
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third w
party, and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT a
has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action
as is available to it under other provisions of this AGREEMENT, or otherwise in law. 00
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4.I.a
XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this
AGREEMENT in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for,
performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order,
or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an
equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and
(3) other affected terms and shall modify this AGREEMENT accordingly.
r
C. The CONSULTANT must submit any"request for equitable adjustment," hereafter referred to as "CLAIM," w
under this clause within thirty (30) days from the date of receipt of the written order. However, if the J°
AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted m
before final payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, 3
nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
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E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable E
for this AGREEMENT, shall not be increased or considered to be increased except by specific written
supplement to this AGREEMENT. Q
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XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering y
data furnished by them.
XV. Federal Review N
The Federal Highway Administration shall have the right to participate in the review or examination of the v
SERVICES in progress. c
XVI. Certification of the Consultant and the Agency M
Attached hereto as Exhibit "G-I(a and b)" are the Certifications of the CONSULTANT and the AGENCY,
Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary E
Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for T
Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only a
in AGREEMENTS over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only N
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in AGREEMENTS over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by N
the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the
address listed in section III "General Requirements" prior to its performance of any SERVICES c
under this AGREEMENT.
XVII. Complete Agreement
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This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by a
the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound >
by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, w
amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the
parties as a supplement to this AGREEMENT. a
XVIII. Execution and Acceptance
00
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to
be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, E
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting 0
material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the a
terms and conditions thereof.
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4.I.a
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is
exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other
local, state, or federal statutes ("State's Confidential Information"). The "State's Confidential Information"
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includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers,
financial profiles credit card information, driver's license numbers, medical data, law enforcement records (or
any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE >
and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, w
proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the L
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project that relates to any of these types of information. The CONSULTANT agrees to hold the State's a
Confidential Information in strictest confidence and not to make use of the State's Confidential Information for Y
any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub- r
consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, 3
and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party
without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release E
such information or material only to employees, sub-consultants or subcontractors who have signed a
nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The Q
CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized C
access to the State's Confidential Information.
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Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the y
AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's o
Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) N
take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential c
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Information. ..
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As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: M
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for
which the State's Confidential Information was received; who received, maintained, and used the State's
Confidential Information; and the final disposition of the State's Confidential Information. The E
CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the
AGENCY. a
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information r
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
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investigating may include, but is not limited to, salting databases.
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in 2
termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary
damages, or penalties
L
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which a
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the w
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials
containing such proprietary and/or confidential information shall be clearly identified and marked as >
"Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this a
AGREEMENT.
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4.I.a
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers
confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as
soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is
not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; 3
(ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for a,
the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is
generally utilized by unaffiliated third parties engaged in the same business or businesses as the
CONSULTANT. >
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The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure w
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and `o
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or Y
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that r
such records will be released to the requester unless the CONSULTANT obtains a court order from a court of 3
competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining a
disclosure, the AGENCY will release the requested information on the date specified. E
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The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure Q
that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT
notification to the sub-consultant will include the date that such records will be released by the AGENCY to the 8
requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction
enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or y
sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the o
CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of N
actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub- c
consultants' information. v
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XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) E
years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and a
maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all a
"documents" pertaining to the SERVICES provided hereunder shall be made available for review at the N
CONSULTANT's place of business during normal working hours. If any litigation, claim, or audit is N
commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such vO
documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even c
though such litigation, claim, or audit continues past the six (6) year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, y
including electronically stored information ("ESI"), that is in the possession, control, or custody of the a
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTS, _
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, w
reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets,
charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations,
computations, summaries, inventories, and writings regarding conferences, conversations or telephone s
conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; 4
every copy of the foregoing whether or not the original is in the possession, custody, or control of the c
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an E
original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on
the original. 2
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4.I.a
For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any
kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined,
either directly or after translation into a reasonably useable form. ESI may include information and/or
documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher, 3
PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or a,
databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network
servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones,
laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES
hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home.
"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is c
normally created, viewed, and/or modified '~
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The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in Y
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in r
writing by the AGENCY prior to the execution of such subcontract. 3
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In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the E
"Execution Date"box on page one (1) of this AGREEMENT.
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Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office N
of the Attorney General.
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4.I.a
Exhibit A
Scope of Wor)
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Project No. 20-301 S a
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4.I.a
KBA, Inc. [8/25/20231
EXHIBIT A
3
SCOPE OF SERVICES a
for >,
84t" Ave. S. (East Valley Highway) Preservation M
S. 212t" St. to S. 1961" St.
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KBA, Inc. (Consultant)will provide Construction Management (CM) services to the City of Kent (Client), for Q
the project known as 841 Ave. S. (East Valley Highway) Preservation S. 2121"St. to S. 196t"St. Y
(Project). These services will include consultation, contract administration, field observation,
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documentation, and material testing, as required during the construction of the Project, as detailed below. 3
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Project Description: The project consists of planing 36,000 square yards of bituminous pavement, E
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paving 5,100 tons of HMA CI '/2", PG 58V-22, removing HMA and replacing the area with 350 cubic yards L
of cement concrete pavement including dowels and tie bars, reconstructing 16 curb ramps to ADA Q
standards, reconstructing 1 driveways, installing 81 vehicle detection loops, 120 square yards of sidewalk
repairs, temporary pavement markings, 21,000 feet of permanent channelization, and other work, all in
accordance with the Contract Plans, Kent Special Provisions, and WSDOT Standard Specifications.The
Designer of Record on this Project is the City of Kent (Designer).
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I. CONSTRUCTION MANAGEMENT SERVICES o
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A. Consultant Contract and Team Management: Provide overall day-to-day management of the
Consultant contract and Team, including: M
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1. Decide on best modes and frequency of communication with Client and Designer. Liaison
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and coordinate with Client on a regular basis to discuss Project issues and status.
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2. Manage Consultant Team, comprised of Consultant's staff and its subconsultants, if any. z
Organize and layout work for Consultant Team. Orient Client-provided Inspectors to N
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Consultant inspection procedures and documentation, if needed. N
3. Review monthly expenditures and Consultant Team scope activities. Prepare and submit to 0
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Client monthly, an invoice and progress report describing services provided that period.
Prepare and submit reporting required by funding source(s), if any. N
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4. Communication on Consultant contractual issues will be with the Client. Communication on a
day-to-day construction activities and issues will be directly between the Consultant and the >
Owner. The Client will be an active member of the Project Team, consulted on design issues, w
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and will be provided with information affecting Project progress.
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Deliverables
• Monthly invoices and progress reports 00
• Reporting required by funding source(s), if any c
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P:\Public\PROJECTS\ In Design\20-3015 East Valley Highway(212th-196th)\90 AD&Award\90.5 Consultant Contracts\CM Contract-KBA\B2103301_Scope-
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4.I.a
KBA, Inc. [8/25/20231
B. Preconstruction Services
3
1. Review Contract Documents to familiarize team with Project requirements. _a,
2. Organize and lead preconstruction conference: >,
a. Prepare and distribute notices.
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b. Prepare agenda. >
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c. Conduct the meeting.
d. Prepare and distribute meeting notes to attendees and affected agencies. w
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3. Provide one set of preconstruction photographs. Q
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Deliverables
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• Preconstruction Conference Notice,Agenda, and Notes 3
• Preconstruction photos, digital files on electronic storage medium
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C. Construction Phase Services—Contract Administration ;v
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1. Liaison with the Client, construction contractor, Designer, appropriate agencies, adjacent N
property owners, and utilities.
2. In concurrence with Progress Estimates, provide the Client with brief construction progress
reports, highlighting progress and advising of issues that are likely to impact cost, schedule,
or quality/scope.
3. Schedule Review: c
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a. Review construction contractor's schedules for compliance with Contract Documents. v
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b. Monitor the construction contractor's conformance to schedule and request revised
schedules when needed. Advise Client of schedule changes.
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4. Progress Meetings. Lead regular (usually weekly) progress meetings with the construction m
contractor, including Client pre-briefing. Prepare weekly meeting agenda and meeting notes aa))
and distribute copies to attendees. Track outstanding issues on a weekly basis.
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5. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate
party, work plans, shop drawings, samples, test reports, and other data submitted by the N
construction contractor, for general conformance to the Contract Documents. (n
6. Record of Materials. Create and Maintain records of material compliance documentation o
received and advise Client of any known deficiencies.
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7. Prepare weekly statement of working days and distribute to the Client and Contractor. N
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8. Manage RFI (Request for Information) process. Track and review/evaluate or cause to be ti
reviewed/evaluated by other appropriate party, RFIs. Manage responses to RFIs.
9. Change Management. Evaluate entitlement, and prepare scope, impact, and independent w
estimate for change orders. Facilitate resolution of change orders. W
10. Monthly Pay Requests. Prepare monthly progress estimates for payment. Review payment
requests submitted by construction contractor for comparison and reconcile differences.
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Review with Client and construction contractor and recommend approval, as appropriate.
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KBA, Inc. [8/25/20231
a. Evaluate construction contractor's Schedule of Values for lump sum items. Review the
Contract Price allocations and verify that such allocations are made in accordance with 3
the requirements of the Contract Documents. a'
11. Notify construction contractor of work found in noncompliance with the requirements of the
contract.
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12. Assist the Client in the investigation of malfunctions or failures observed during construction.
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13. Public Information. Provide information for Client to prepare media communications and o
public notices on Project status. Provide information for Client's inclusion into a Project Q
website and/or newsletter, if requested. Y
14. Record Drawings. Review not less than monthly, the construction contractor's redline set of
contract plans. Maintain a CM Team set of conformed drawings tracking plan changes, 3
location of discovered anomalies and other items, as encountered by Consultant Team. Use
these markups to check the progress of the Contractor-prepared Record Drawings.
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15. Document Control. Establish and maintain document filing and tracking systems, following Q
Client guidelines and meeting funding agency requirements. Collect, organize, and prepare
documentation on the Project.
a. If requested, one hard copy of files will be kept in the Project field office. c�
b. Electronic documentation will be stored in a Project Website managed and hosted by the r
Consultant. The Client will be provided with licenses for their and the construction N
contractor's use of the Project Website during the Project. Consultant will provide one o
training session for Client and construction contractor users. L?
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c. The Project Website will transition to "read-only" access upon expiration of the
Agreement, or upon project completion and transfer of final records, whichever occurs
first. Transference of final records will include a digital copy of the files stored in the c
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Project website. Access to the site will expire following that date. E
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16. To comply with Article XIX. Protection of Confidential Information of the LAG Agreement, a'
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maintain a log documenting the following: the State's Confidential Information received in a
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the performance of this AGREEMENT;the purpose(s) for which the State's Confidential N
Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information.
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17. Project Closeout. If requested, prepare or assist with preparation of Certificate Letters of g
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Substantial, Physical, and Final Completion for Client approval and signature, to include
punch list. Prepare final pay estimate for Client approval and processing. N
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18. Final Records. Compile and convey final Project records, transferring to the Client for its a
archiving at final acceptance of the Project. Should Consultant's work end prior to full
completion of the Project, its records will be transferred to the Client prior to departure from w
the Project. Records will consist of hard copy originals and electronic records on electronic (n
storage medium. Q
Deliverables
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• Schedule Review Comments r
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• Meeting Agendas and Notes m
• Submittal Log
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P:\Public\PROJECTS\ In Design\20-3015 East Valley Highway(212th-196th)\90 AD&Award\90.5 Consultant Contracts\CM Contract-KBA\B2103301_Scope-
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• Record of Materials
• RFI Log 3
• Change Order(s)
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• Progress Pay Requests >%
• Certificate Letters of Completion
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• Final records—electronic >
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D. Construction Phase Services— Field w
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1. Observe the technical conduct of the construction, including providing day-to-day contact Q
with the construction contractor, Client, utilities, and other stakeholders, and monitor for 00
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adherence to the Contract Documents. The Consultant's personnel will act in accordance with
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Sections 1-05.1 and 1-05.2 of the WSDOT/APWA Standard Specifications. 3
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2. Observe material,workmanship, and construction areas for compliance with the Contract
Documents and applicable codes. Advise the Client of any non-conforming work observed
during site visits.
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3. Prepare Inspector Daily Reports (IDRs), recording the construction contractor's operations as
actually observed by the Consultant; includes quantities of work placed that day, contractor's
equipment and crews, photos of work performed, and other pertinent information.
4. Interpret Construction Contract Documents, in coordination with Designer.
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5. Evaluate and report to Client issues that may arise as to the quality and acceptability of N
material furnished, work performed, and rate of progress of work performed by the o
construction contractor. v
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6. Establish communications with adjacent property owners. Respond to questions from
property owners and the general public.
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7. Coordinate with permit holders on the Project to monitor compliance with approved permits,
if applicable.
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8. Prepare field records, daily reports of force account worked, and other payment source a'
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documents to help facilitate administration of the Project in accordance with funding agency
requirements. r
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9. Attend and actively participate in regular on-site meetings.
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10. Take periodic digital photographs during the course of construction. g
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11. Punch List. Upon substantial completion of work, coordinate with the Client and affected
agencies, to prepare a 'punch list' of items to be completed or corrected. Coordinate final U)
inspection with those agencies. a
12. Testing. Conduct materials and laboratory tests. Coordinate the work of the Field >
Representative(s) and testing laboratories in the observation and testing of materials used in w
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the construction; document and evaluate results of testing; and inform Client and
construction contractor of deficiencies. Q
Deliverables 00
• IDRs with Project photos—submitted on a weekly basis
• Field Note Records and Daily Reports of Force Account Worked E
• Additional Project photos not included in IDRs
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Punch List(s)
• Test reports 3
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E. Assumptions
1. Budget: w
a. Staffing levels are anticipated in accordance with the attached budget estimate. w
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Consultant services are budgeted for a 8-month period, from October 2023 through May J°
2024.This is intended to span the originally planned construction duration of 90 m
contractor working days, an anticipated winter suspension, plus time allotted for Project Y
setup and closeout. Overtime has not been figured into the budget. 3
b. Consultant will work up to the limitations of the authorized budget. If additional budget
is needed to cover instances, including but not limited to the following, Client and E
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Consultant will negotiate a Supplement to this Agreement: ;v
i. The contractor's schedule requires inspection coverage of extra crews and shifts. Q
ii. The construction contract runs longer than the time period detailed above.
iii. Any added scope tasks.
iv. Adjustment of Consultant Indirect Cost Rate (ICR) percentage pursuant to the terms
as outlined in Section V of the LAG Agreement. r
c. The majority of the work is anticipated to be performed during daytime hours. Should
night work be necessary, a 15 percent differential for labor will be applied to all night shift v
hours worked by Consultant's employees.
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d. If Consultant provides their own construction field office, Client will reimburse Consultant M
for all office costs, including lease and/or rental of space, equipment, utilities, and
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insurance.
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e. The budget allocations shown in Exhibit are itemized to aid in Project tracking
purposes only. The budget may be transferred between tasks or people, or between a
labor and expenses, provided the total contracted amount is not exceeded without prior z
authorization. N
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f. The budget assumes that Consultant's standard forms, logs, and processes will be used
on the Project Website. Any customization to meet specialized Client requirements will I_
be Extra Work.
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g. Should Consultant's level of effort extend beyond the time period detailed in the
attached Exhibit - Estimate, and into a new year, labor rates will adjust annually on 4)
January 1, with 30-day written notice to Agency. a
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2. Items and Services Client will provide: w
a. Meeting arrangements and facilities for pre-bid and preconstruction meetings. Prepare
(D
and distribute meeting notes from pre-bid meeting(s), if any. Q
b. Field office, including:
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i. workstations (desk, chair, and storage) for 1 staff
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ii. conference table and chairs
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iii. combination printer/copier/scanner machine with these capabilities: 11 x1 7 size, color,
and of business quality
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iv. WIN internet access
v. miscellaneous office supplies
vi. utilities and sanitary facilities j
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c. Retain Engineer of Record for shop drawing review, RFIs, design changes, and final record w
drawings. o
d. Coordination with and enforcement of utility franchise agreements and/or contracts and m
schedules for services related to this Project. Y
e. Verify that the required permits, bonds, and insurance have been obtained and submitted 3
by the construction contractor. Obtain all permits not required to be provided by
construction contractor.
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f. Construction Survey. Provide project control survey and staking that is not already ;v
assigned to the construction contractor. Q
3. Scope:
a. The Project Website tool being used on this Project is proprietary to the Consultant (KBA,
Inc.), and may not be used by any other party or on any other project without the written
permission and involvement of KBA, Inc. i°
b. Consultant will provide observation services for the days/hours that its' Inspector(s)
personnel is/are on-site. The Inspector(s) will not be able to observe or report i)
construction activities, or collect documentation, during the time they are not on-site. c
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c. The Consultant's monitoring of the construction contractor's activities is to ascertain c°
whether or not they are performing the work in accordance with the Contract Documents;
in case of noncompliance, Consultant will reject non-conforming work and pursue the
other remedies in the interests of the Client, as detailed in the Contract Documents. The
Consultant cannot guarantee the construction contractor's performance, and it is a
understood that Consultant shall assume no responsibility for proper construction means,
methods, techniques, Project site safety, safety precautions or programs, or for the failure
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of any other entity to perform its work in accordance with laws, contracts, regulations, or C`'
Client's expectations.
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d. Definitions and Roles. The use of the term "inspect" in relation to Consultant services is
synonymous with "construction observation," and reference to the "Inspector" role is
synonymous with "Field Representative," and means: performing on-site observations of u,
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the progress and quality of the Work and determining, in general, if the Work is being a
performed in conformance with the Contract Documents; and notifying the Client if Work =
does not conform to the Contract Documents or requires special inspection or testing. w
Where "Specialty Inspector" or"specialty inspection" is used, it refers to inspection by a Cn
Building Official or independent agent of the Building Official, or other licensed/certified
inspector who provides a certified inspection report in accordance with an established Q
standard.
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e. Because of the prior use of the Project site, there is a possibility of the presence of toxic
or hazardous materials. Consultant shall have no responsibility for the discovery, °'
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presence, handling, removal or disposal of toxic or hazardous materials, or for exposure
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of persons to toxic or hazardous materials in any form at the Project site, including but
not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic
substances. If the Consultant suspects the presence of hazardous materials, they will a'
notify the Client immediately for resolution. >,
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f. Review of Shop Drawings, samples, and other submittals will be for general conformance
with the design concept and general compliance with the requirements of the contract w
for construction. Such review will not relieve the Contractor from its responsibility for w
performance in accordance with the contract for construction, nor is such review a o
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guarantee that the work covered by the shop drawings, samples and submittals is free of Q
errors, inconsistencies or omissions. m
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g. Any opinions of probable construction cost provided by the Consultant will be on the 3
basis of experience and professional judgment. However, since Consultant has no control
over competitive bidding or market conditions, the Consultant cannot and does not
warrant that bids or ultimate construction costs will not vary from these opinions of
probable construction costs.
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h. Quantity takeoffs and calculated quantities are for the purpose of comparing with
Designer's and/or bidders' quantities and are not a guarantee of final quantities.
i. Development of construction schedules and/or sequencing, and/or reviewing and ui
commenting on contractor's schedules, is for the purpose of estimating number of days
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to complete a project, for identifying potential schedule and coordination challenges, and
determining compliance with the construction contract. It is not a guarantee that a c
construction contractor will complete the Project in that sequence or timeline, as means L j
and methods are the responsibility of the construction contractor. c
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j. Consultant is not responsible for any costs, claims orjudgments arising from or in any
way connected with errors, omissions, conflicts or ambiguities in the Contract Documents
prepared by others. The Consultant does not have responsibility for the professional
quality or technical adequacy or accuracy of the design plans or specifications, nor for
their timely completion by others.
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k. If Consultant provides Value Analysis or Value Engineering services, it is understood that
any ideas, advice, or recommendations generated by the Consultant are made based only `1'
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on the information presented to them, and need engineering analysis by the Designer to cn
verify; Consultant is not responsible for the final design product.
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I. Client agrees to request the construction contractor name KBA, Inc. as an additional
insured via endorsement to the contractor's commercial general liability and automobile
insurance policies.
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m. RCW 4.24.115 is applicable to Consultant's services provided under this Agreement. _
n. Consultant's insurance carrier provides coverage on ISO equivalent endorsement forms. Cn
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o. Services provided by the Consultant under this Agreement will be performed in a manner
consistent with that degree of care and skill ordinarily exercised by members of the same Q
profession currently practicing under similar circumstances, in the same geographical
area and time period. 00
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p. Nothing in the Agreement is intended to create, nor shall it be construed to create, a
fiduciary duty owed by either party to the other. Consultant makes no warranties, t
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guarantees, express or implied, under this Agreement or otherwise in connection with
Consultant's services. 3
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q. Client agrees that Consultant will not be held liable for the completeness, correctness,
readability, or compatibility of any electronic media submitted to Client, after an
acceptance period of 30 days after delivery of the electronic files, because data stored on
electronic media can deteriorate undetected or can be modified without Consultant's w
knowledge. w
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r. Consultant will not be liable for any damage to the field office premises or utilities J°
provided by Client, unless caused by Consultant's own negligence. m
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s. Regarding Article XIX. Protection of Confidential Information, of the LAG Agreement, KBA M
will perform services under the following assumptions, and such assumptions are 3
assumed acceptable to the AGENCY and the STATE: The AGENCY and/or the STATE will
identify each and any item considered to be "State's Confidential Information" as m
"confidential", as detailed below. Any information received by CONSULTANT that is not ;v
so labeled, will be assumed by CONSULTANT to not be "State's Confidential Information". Q
CONSULTANT will return all items pre-identified as State's Confidential Information, to
the AGENCY, and will not be required to take any other steps to protect that information.
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II. OPTIONAL SERVICES
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All services not detailed above, are considered Optional Services, which, along with any other Extra Work
requested by the Client, will be performed only when a mutually negotiated Supplement to this
Agreement is executed, specifying scope of services and budget. ij
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4.I.a
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Date
3
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is c,
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may :
include, but are not limited to, the following:
1. Surveying, Roadway Design &Plans Preparation Section
A. Survey Data w
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D. Specify the Agency's Right to Review Product with the Consultant
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E. Specify the Electronic Deliverables to Be Provided to the Agency 3
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F. Specify What Agency Furnished Services and Information Is to Be Provided
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See Exhibit A - Scope of Services E
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IL Any Other Electronic Files to Be Provided
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Ill. Methods to Electronically Exchange Data
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On-going project correspondence will be provided via email and hard copy format during
the life of the agreement. Deliverables will be provided via hard copy and electronic
storage medium at closeout. E
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A. Agency Software Suite
Microsoft Office Suite, Autodesk Build
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B. Electronic Messaging System 3
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C. File Transfers Format
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At project completion, hard copy records will be transferred to Client and
electronic records will be transferred via electronic storage medium 4)
(thumb drive). a
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Exhibit D
Prime Consultant Cost Computation;
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See Attached =
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Negotiated Hourly Rate Consultant Agreement Revised 0713012021 Packet Pg. 188
EXHIBIT D
84th Ave S(East Valley OCT NOV DEC JAN FEB MAR APR MAY JUN
.,
Highway)Preservation-5 1 1 1 1 1 1 1
_ y
City Of Kent Working Days/Month 21 20 21 21 20 23 21 21 22 E
Hours/Month 168 160 168 168 160 184 168 168 176 (1)
KBA Job No. B2103301 Overtime Utilization% 11% 10% 4% 6% 8% 10% 11% 12% 12% i
Cost+Net fee(on DSC+OH) Regular+OT Hours Month 186 176 175 178 173 202 186 188 197
Prepared On:9/1/2023 Q
Project Schedule 1ON-10 Day. fn
190 Working Days,10 Pneconstructiom Days and 10 Closeout Days and 3 Month Suspension CLOSEOUT-10 Dys
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2023 2024
Vehicle t'l MI OCT NOV DEC I LAN FEB MA APR MAY JUN
DEC DEC To 2113 2
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H Cameron Bloomer E5 EngineerV None $ 76,00 $ 79,80 23 12 11 4 4 4 1 1 1 4 4
H Jill Carter A4 Administrator IV None $ 51.00 $ 53.55 17 7 10 3 2 2 2 2 2 2 2 (n
H Erica Dougherty E4 Engineer IV None $ 66,00 $ 69.30 18 6 12 6 6 6
F Chul Lee E6 Engineer Vl Special SUN$ 76.00 $ 79.80 236 236 - 72 80 84 IO
F Sean Flint T6 Technical Representative VI Special SUN$ 65,00 $ 68.25 296 - 296 32 32 32 84 84 32 U
F Murtafa Al Gburi E3 Engineer III Special SUN$ 58.00 $ 60.90 672 400 272 72 160 168 8 8 8 88 128 32
F Mustafa Al GIP-(Night)E3 Engineer 111 None $ 6670 $ 70,04 160 40 120 40 BO 40
H Paul Garrett M3 Manager 111 None $ 90,00 $ 94,50 2 1 1 1 1
H Jeff Garrett
(AKANA) M Project Manager None $ 132.50 $ 139.13 10 4 6 2 1 1 1 1 1 1 2 M
H Laura Hendricks(AKANA CA Contract Admin None $ 35,69 $ 37.47 16 6 10 2 2 2 2 2 2 2 2
f+
H Sue Timm(AKANA) PC Project Controls None $ 49.34 $ 51.81 372 204 168 40 80 84 4 4 4 84 7J
Total OCT NOV DEC � FEB MAR APR MAY JUN
Project Expenses1
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23
23
24
DE KBA Field Vehicle Monthly Special Use SUV Costs 1 6,072 3,643 2,429 1,214 11,214 11,214 11,214 11,214
DE KBA Field Vehicle Hourly Special Use SUN 4,752 1,907 2,845 582 647 679 323 323 323 679 679 517
Subtotal-Direct Expenses 1
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• • OCT123 1 DECOV 124 02 0 N
Akana 59,084 30,820 28264 6,586 11,836 12,398 23 11,201 24 11,201 1,201 13,018 11,642 N
HWA GeoSciences 38,674 19,674 19,000 8,000 8,000 3,674 16,000 3.000 1
1
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Direct
Rat, Rate DEC 2023 20231 14 2024 2024 20241 1 N
H Cameron Bloomer ES Engine.V $76J10 $79.80 1,790 912 878 304 304 304 80 80 80 319 319 - N
H Jill Carter A4 Administrator IV $51.00 $53.55 893 357 536 153 102 102 107 107 107 107 107 -
H Erica Dougherty E4 Engineer IV $66J10 $69.30 1,228 396 832 396 - - - 416 - - 416 - a
F Chul Lee E6 Engineer VI $76.00 $79.80 17,936 17,936 - 5,472 6,080 6,384 - - - - -
F Sean Flint T6 Technical Representative VI $65J10 $68.25 20,202 - 20,202 - - - 2,184 2,184 2,184 5,733 5,733 2,184
F Murtafa Al Gbun E3 Engineer 111 $58.00 $60.90 39,765 23,200 16,565 4,176 9,280 9,744 487 487 487 5,359 7,795 1,949 '
F Mustafa Al Gburi(Night) E3 Engineer 111 $6630 $70.04 11,072 2,668 8,404 2,668 - - - - - 5,603 2,801 - W
H Paul Garrett M3 Manager 111 $90.00 $94.50J1365
90 95 90 - - - - - - 95 - ,^
H Jeff Faunce(AKANA) M Project Manager $132,50 $139,13 530 835 265 133 133 139 139 139 139 278 - V/H Laura Hendricks(AKANA CA Contract Admin $35.69 $37.47214 37571 71 71 75 75 75 75 75Sue Timm(AKANA) PC Pr JeR Controls $4934 $51131 10,065 8,704 1,974 3,947 4,145 207 207 207 4,352 3,730 -
Subtotal Direct Labor Cost-Does Not Included AKANA
KBA Home Overhead 39,367 19,931 19,436 5,160 7229 7,542 965 1,624 965 7,919 7,963
KBA Field Overhead 132,608 651285 67,323 18,116 22,893 24,037 3,981 3,981 3,981 24,882 24,338 6,160
00
AKANA OH 38,362 20,011 18,351 4,276 7,684 8,050 780 780 780 8A52 7,559
Subtotal Overhead Cost-Does Not Include AKANA ++
Subtotal Fee 30%of Direct Salary Costs 27,921 13,668 14,253 3,978 4,730 4,960 857 982 857 5,136 5,180 1,240
Subtotal Fully L-77,M,
Subtotal Direct Expenses 10,824 5,550 62]3 1,]96 1,861 1,893 323 323 323 1,893 1,893 517
Subtotal Subconsultant Costs 9],758 50,494 47,264 14,586 19,836 16,0]Z 1,201 1,201 1,201 29,018 14,642
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EXHIBIT D
KBA RATE SCHEDULE
84th Ave S(East Valley Highway)Preservation-S 212th St to S 196th St
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City of Kent O
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KBA Job No. B2103301
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Cameron Bloomer E5 Engineer 01.00 $ 76.00 Home 158.63% 30% 2.886 $ 219.36 $ 79.80 Home 158.63% 30% 2.886 $ 230.33 3
to
Jill Carter A4 Administrator IV 01.00 $ 51.00 Home 158.63% 30% 2.886 $ 147.20 $ 53.55 Home 158.63% 30% 2.886 $ 154.56 C
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Erica Dougherty E4 Engineer IV 01.00 $ 66.00 Home 158.63% 30% 2.886 $ 190.50 $ 69.30 Home 158.63% 30% 2.886 $ 200.02 (�
Chul Lee E6 Engineer VI 02.00 $ 76.00 Field 149.04% 30% 2.790 $ 212.07 $ 79.80 Field 149.04% 30% 2.790 $ 222.67
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Sean Flint T6 Technical Representative VI 02.00 $ 65.00 Field 149.04% 30% 2.790 $ 181.38 $ 68.25 Field 149.04% 30% 2.790 $ 190.44 O
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Mustafa Al Gburi E3 Engineer III 02.00 $ 58.00 Field 149.04% 30% 2.790 $ 161.84 $ 60.90 Field 149.04% 30% 2.790 $ 169.94 M
Mustafa Al Gburi(Night) E3 Engineer III 02.00 $ 66.70 Field 149.04% 30% 2.790 $ 186.12 $ 70.04 Field 149.04% 30% 2.790 $ 195.43 },
Paul Garrett M3 Managerlll 01.00 $ 90.00 Home 158.63% 30% 2.886 $ 259.77 $ 94.50 Home 158.63% 30% 2.886 $ 272.76 y
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EXHIBIT D
Washington State Development Division
v De artment of Trans rtation Contract Services Office 3
p � PO Box 47408
Olympia,WA 98504-7408 t
7345 Underson Way SW
Tumwater,WA98501-6504 =
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TTY:1-800-833-6388
www.wsdet.wa.gov >
May 3, 2023
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KBA, Inc. J°
11201 SE 8th Street, Suite 160 m
Bellevue, WA 98004 Y
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Subject: Acceptance FYE 2022 ICR—Risk Assessment Review c
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Dear Andy Jones:
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Based on Washington State Department of Transportation's (WSDOT) Risk Q
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Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed
FYE 2022 ICR of the following:
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• Home Rate: 158.63%
• Field Rate: 149.04%
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This rate will be applicable for WSDOT Agreements and Local Agency Contracts in v
Washington only. This rate may be subject to additional review if considered necessary
by WSDOT. Your ICR must be updated on an annual basis. M
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
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This was not a cognizant review. Any other entity contracting with your firm is a
responsible for determining the acceptability of the ICR. N
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If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates(&wsdot.wa.gov.
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Regards;
schatzw 1farvetl _i
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Schatzie Harvey(May 3,2023 08: 7 PDT) May 3,2023 =
SCHATZIE HARVEY, CPA w
Contract Services Manager
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4.I.a
Exhibit E
Sub-consultant Cost Computation;
If no sub-consultant participation listed at this time. The CONSULTANT shall not sub-contract for the
performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to T
section VI"Sub-Contracting" of this AGREEMENT.
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EXHIBIT E
Project Cost Estimate HWA Ref: 2023-162
Construction Inspection and Testing R GEOSCIENCES INC 84th Ave S(East Valley Highway)Preservation U ' Date: 1-Sep-23
S 212th St.to S 196th St.,Kent,Washington DBEIMWBE Prepared By: BKH/VO
Federal Aid Number: STBGUL-1073(006)
Prepared for Cameron Bloomer,KBA (D
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PROPOSED WORK SCOPE: Q
This cost estimate is based on quantities provided by the Client. rn
1. Sampling and acceptance/Proctor testing of CSBC and CSTC 0
2. Sampling of HMA aggregate for acceptance and oil at the plant for ignition oven correction factor. .2
3. Sampling and acceptance testing of concrete aggregates. cn
4.Compaction testing of compacted CSBC and CSTC for roadway subgrade and trench backfill.Three visits,per client. +,
5.Concrete inspection/sampling for Sidewalks,Driveways,and Cement Concrete Pavement.Includes next-day pickups
6.Inspection and testing of HMA placement and compaction during overlay paving(minimum:one test per 100 tons).
7.Inspection and testing of HMA placement and compaction during pavement repair(minimum:one test per 100 tons). N
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8. Sampling and testing HMA during overlay paving for Rice density,extraction and gradation(minimum: one test sample per day or 1000 tons). U
9.Written field reports will be prepared for all inspections and reviewed for QC.
10.This estimate is based on information and estimated quantities from the client.
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Material Testing-ESTIMATED HWA LABOR:
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2023 PERSONNEL&HOURLY RATES d
Scope Of Services GeoEng VIII Geol VI Geol III Geol II Clerical TOTAL TOTAL
$87.50 $55.00 $40.50 $33.00 $33.00 HOURS AMOUNT
Aggregate Inspection and Testing,including:
Sampling of CSBC and CSTC assume 2 sources 12 12 $396 Q
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Inspection and Testing of Compacted Trench Backfill 2 visits 12 12 $486 N
Inspection and Testing of Compacted Roadway Sub grade 1 visit) 10 10 $405 j
Asphalt Inspection and Testing,including: (n
Ins ection and Testing during HMA overlay 4 days of overlay) 48 48 $1,584
Inspection and testing during HMA Pavement Repair 2 days of repair) 10 20 $660 2
HMA Oven Ignition Correction Sampling of Aggregate and Oil(1 mix x 1 initial source) 5 $165
HMA Sampling at Batch Plant(5 trips x 4 hrs.) 20 20 $660
Concrete Inspection and Testing,including:
Sam ling of Concrete Aggregates(assume 3 mix designs from 2 sources) 16 16 $528 d
Sidewalk and Driveway Testing 2 periodic visits,plus next-day pickups) 16 16 $528
Cement Concrete Pavement Testing 2 full time visits,plus next-day pickups) 32 32 $1,056 =
Project Management W
Preconstruction Meeting 2 2 4 1 $285 fA
QA Review,Reporting,Submittal Reviews,and Report Distribution 16 4 1 28 1 $1,884
DIRECT SALARY COST 18 6 1 22 169 1 8 1 223 1 $8 637 Q
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Kent EVH 196th to 212th - Estimate 09-01-2023
Packet Pg. 193
EXHIBIT E
4.I.a
Material Testing-LABORATORY TESTING ESTIMATE:
LABORATORY EXPENSE DESCRIPTION Est No. Unit Test TOTAL
Asphalt Ignition Oven Correction(1 mix design,3 burns each) 3 $150 $450
HMA Aggregate Acceptance(Voids,FF,SE 1 mix from 1 source 1 $315 $315
Bitumen Content by Extraction with Gradation of Aggregate(5 samples) 5 $205 $1,025
Maximum Theoretical Specific Gravity of HMA Rice Density) 5 samples) 5 $150 $750 O
CSBC,CSTC Acceptance Testing(FF,SE,GS)at WSDOT Intervals(assume 2 sources) 4 $365 $1,460 i
Proctor Tests on All Materials to be Compacted CSBC and CSTC 4 $285 $1,140 Q
Concrete Aggregates(GS)(assume 3 mix designs with 3 aggregates each from 2 sources) 18 $195 $3,510
Concrete Compressive Strength Testing for Sidewalks,and Driveways 2 sets x 4 per set 8 $35 $280
Concrete Compressive Strength Testing for Cement Concrete Pavement (2 sets x 5 per set) 10 $35 $350 V
LABORATORY TOTAL: $9 280
EXPENSES: +'
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EXPENSE Total r
DESCRIPTION Cost 3
Nuclear Gauge Rental $40/da ,assuming 2 days $80 N
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Thin Lift(HMA Testing)Nuclear Gauge Rental $60/da ,assuming 7 days $420 O
Mileage to and from the job site for all inspections/pickups at IRS mileage rate(34 trips) $750 U
Mileage for HMA,and aggregate sampling,at IRS mileage rate(8 trips) $500 O
EXPENSE TOTAL: $1,750 c°D
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ESTIMATED PROJECT TOTALS AND SUMMARY: d
Direct Salary Cost(DSC) $8,637
OH @ 1.9007*DSC $16,416
FF @ 30%*(DSC) $2,591 Q
Total Labor Cost $27,644
Laboratory Testing $9,280 N
Direct Expenses $1,750
ESTIMATED PROJECT TOTAL: N
$38,674 y
Assumptions:
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1.These estimates may require adjustment due to the Contractor's rate of construction,weather delays,source changes and/or other factors beyond our control. a
2.The HWA PM reserves the right to shift hours between the various subtasks as required.
3.The HWA work scope does not include safety assessment nor work pertaining to any environmental issues. N
4.This cost estimate was prepared with the understanding that the Client will schedule inspection as needed.
5.All night work is charged at an 8 hour minimum segment.Night work cancelled within 12 hrs of scheduled time will be charged 4 hrs. tl
6.All weekend work is charged at an 4 hour minimum segment.Weekend work cancelled within 12 hrs of scheduled time will be charged 4 hrs. _
7.Same-day cancellations are charged 4 hours. >
8.Cement concrete curb and gutter won't be tested.Per Client,ADA ramps will not be tested. W
9.CSTC and CSBC will be the only imported aggregatest tested.Native soils won't be tested. to
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Kent EVH 196th to 212th - Estimate 09-01-2023
Packet Pg. 194
EXHIBIT E
4.I.a
21312 3oth Drive SE,Ste.Ilo,Bothell,WA 9Bo21.7o10
,I GEOSCIENCES INC. Phone,425.7T4.oulIm425,7T4.2714
DBQMWBE www.hwageo.com
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HWA GEOSCIENCES INC. >,
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2023 HOURLY AND BILLING RATES
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EMPLOYEE TITLE HOURLY Overhead Profit Billing m
RATE 1.9007 30.00% Rate
Anna Ataman Administrative Support $30.00 $57.02 $9.00 $96.02 r
Stephanie Murphy Administrative Support $33.00 $62.72 $9.90 $105.62 3
Cathy Fry CAD $32.50 $61.77 $9.75 $104.02
Brian Menz CAD $45.00 $85.53 $13.50 $144.03 y
Vasiliy Babko Contracts Administrator $45.00 $85.53 $13.50 $144.03 E
Cierra Wilson Geologist II $31.00 $58.92 $9.30 $99.22 N
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Richard Mueller Geologist II $31.00 $58.92 $9.30 $99.22 0)
Isaac Wiken Geologist II $33.00 $62.72 $9.90 $105.62 Q
Mary Alice Benson Geologist III $34.50 $65.57 $10.35 $110.42 N
N
Ayla Heinze Fry Geologist III $37.50 $71.28 $11.25 $120.03 V
Christian Bourgeois Geologist III $39.00 $74.13 $11.70 $124.83
Vincent Oskierko Geologist III $40.50 $76.98 $12.15 $129.63
Greg Krankurs Geologist IV $46.00 $87.43 $13.80 $147.23 y
Seth Pemble Geologist IV $46.00 $87.43 $13.80 $147.23 M
Nicole Kapise Geologist VI $50.00 $95.04 $15.00 $160.04 S
Bret Salazar Geologist VI $55.00 $104.54 $16.50 $176.04 N
Steve Greene Geologist VIII $85.00 $161.56 $25.50 $272.06 0
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Lucas Cressler Geotechnical Engineer II $38.00 $72.23 $11.40 $121.63 C)
Ahmed Mahmound Geotechnical Engineer II $40.00 $76.03 $12.00 $128.03 G
Will Rosso Geotechnical Engineer IV $50.00 $95.04 $15.00 $160.04
Shane Miller Geotechnical Engineer IV $53.00 $100.74 $15.90 $169.64 M
Dila Saidin Geotechnical Engineer V $56.00 $106.44 $16.80 $179.24 v
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Ali Sirjani Geotechnical Engineer V $58.50 $111.19 $17.55 $187.24 d
Joseph Westergreen Geotechnical Engineer V $58.50 $111.19 $17.55 $187.24 0)
Sean Schlitt Geotechnical Engineer V $58.50 $111.19 $17.55 $187.24 O
Michael Place Geotechnical Engineer VII $78.50 $149.20 $23.55 $251.25 i
Sandy Brodahl Geotechnical Engineer VII $80.00 $152.06 $24.00 $256.06 01
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Bryan Hawkins Geotechnical Engineer VIII $87.50 $166.31 $26.25 $280.06
Donald Huling Geotechnical Engineer VIII $87.50 $166.31 $26.25 $280.06 N
JoLyn Gillie Geotechnical Engineer VIII $89.00 $169.16 $26.70 $284.86 r
N
Matthew Kalb Lab/Field Technician 1 $23.00 $43.72 $6.90 $73.62
Alex Forcos Lab/Field Technician 1 $24.00 $45.62 $7.20 $76.82
Nicholas Johnson Lab/Field Technician 111 $28.00 $53.22 $8.40 $89.62
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Alex Hodges Lab/Field Technician 111 $30.50 $57.97 $9.15 $97.62 .
Daniel Walton Lab/Field Technician IV $45.00 $85.53 $13.50 $144.03 M
Kristin Nolan Lab/Field Technician IV $45.00 $85.53 $13.50 $144.03 d
Ralph Boirum Principal IX $101.00 $191.97 $30.30 $323.27 N
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Sa Hong Principal IX $147.97 $281.25 $44.39 $473.61 L
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Arnie Sugar Principal IX $93.00 $176.77 $27.90 $297.67
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Printdate:12/16/22
Packet Pg. 195
EXHIBIT E
4.I.a
Ambk
Washington State Development Division
CP De artment of Trans ortation Contract Services Office 3
P P PO Box 47408
Olympia,WA 98504-7408 t
7345 Underson Way SW
Tumwater,WA98501-6504 =
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TTY:1-800-833-6388
www.wsdot.wa.gov
August 29, 2023
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HWA GeoSciences, Inc. m
21312 30th Drive SE, Suite 110 Y
Bothell, WA 98021
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Subject: Acceptance FYE 2022 ICR—CPA Report
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Dear Vasiliy P. Babko: Q
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We have accepted your firms FYE 2022 Indirect Cost Rate(ICR)of 190.07%of direct labor
(rate includes 0.60% Facilities Capital Cost of Money) based on the "Independent CPA
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Report," prepared by T-Max CPA. This rate will be applicable for WSDOT Agreements
and Local Agency Contracts in Washington only. This rate may be subject to additional
review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. N
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Costs billed to agreements/contracts will still be subject to audit of actual costs, based on v
the terms and conditions of the respective agreement/contract.
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This was not a cognizant review. Any other entity contracting with the firm is responsible
for determining the acceptability of the ICR. E
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If you have any questions, feel free to contact our office at (360) 704-6397 or via email a
consultantrates(awsdot.wa.gov.
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Regards, cn
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Schatzie Harvey(Aug 30,202315:27 P )
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SCHATZIE HARVEY, CPA a`
Contract Services Manager
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4.I.a
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX A ,
During the performance of this contract, the contractor, for itself, its assignees, and successors in 3
interest(hereinafter referred to as the "contractor") agrees as follows:
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1. Compliance with Regulations: The contractor(hereinafter includes consultants)will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, (Federal Highway Administration), as they may be amended from time to time, which are N
herein incorporated by reference and made a part of this contract. w
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2. Non-discrimination: The contractor,with regard to the work performed by it during the contract,will not a
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, Y
including procurements of materials and leases of equipment. The contractor will not participate directly or r
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices 3
when the contract covers any activity,project, or program set forth in Appendix B of 49 CFR Part 21. a
[Include Washington State Department of Transportation specific program requirements.]
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3. Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations, y
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the y
Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include
Washington State Department of Transportation specific program requirements.] N
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4. Information and Reports: The contractor will provide all information and reports required by the Acts,the v
Regulations, and directives issued pursuant thereto and will permit access to its books,records, accounts, other
sources of information, and its facilities as may be determined by the Recipient or the (Federal Highway M
Administration) to be pertinent to ascertain compliance with such Acts,Regulations, and instructions. Where
any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish
the information, the contractor will so certify to the Recipient or the (Federal Highway Administration), as
appropriate, and will set forth what efforts it has made to obtain the information. a
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination r
provisions of this contract, the Recipient will impose such contract sanctions as it or the (Federal Highway CO
Administration) may determine to be appropriate, including,but not limited to:
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a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
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6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every =
subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the w
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any v�
subcontract or procurement as the Recipient or the (Federal Highway Administration) may direct as a means a
of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes s
involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the
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contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
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4.I.a
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX E >,
3
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
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• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits Jq
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discrimination on the basis of race, color, national origin); and 49 CFR Part 21. m
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of 3
Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of E
sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits Q
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age); co
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits c
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and v
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or c
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and M
contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems,places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by a,
Department of Transportation regulations at 49 C.F.R. parts 37 and 38; a
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits N
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discrimination on the basis of race, color, national origin, and sex); N
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• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures discrimination against minority populations by discouraging o
programs,policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations; y
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, a
and resulting agency guidance, national origin discrimination includes discrimination because of limited =
English proficiency(LEP). To ensure compliance with Title VI, you must take reasonable steps to >
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq). a
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4.I.a
Exhibit G
Certification Document
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of Agency Official
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Transactions >
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying w
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Exhibit G-4 Certificate of Current Cost or Pricing Data '°
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4.I.a
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
KBA,Inc. 3
whose address is
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11201 SE 8th Street,Bellevue,WA 98004
and that neither the above firm nor I have >
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a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, w
any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT) `
to solicit or secure this AGREEMENT; ao
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b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of Y
any firm or person in connection with carrying out this AGREEMENT; or 3
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working
solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind E
for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly
stated (if any); Q
I acknowledge that this certificate is to be furnished to the City of Kent
and the Federal Highway Administration, U.S. Department of Transportation in connection with this y
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws,both criminal and civil.
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Consultant(Firm Name)
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4.I.a
Exhibit G-1(b) Certification of City of Kent
I hereby certify that I am the: ,
❑X Agency Official
❑ Other =
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of the City of Kent , and KBA,Inc.
or its representative has not been required, directly or indirectly as an express or implied condition in connection u)
with obtaining or carrying out this AGREEMENT to: LiuL
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a) Employ or retain, or agree to employ to retain, any firm or person; o a
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b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or Y
consideration of any kind; except as hereby expressly stated(if any): 3
I acknowledge that this certificate is to be furnished to the City of Kent
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this 4)
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Q
Federal laws,both criminal and civil.
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Signature Date
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LA-10626
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4.I.a
Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility
Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily Y
excluded from covered transactions by any Federal department or agency;
B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil >
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judgment rendered against them for commission of fraud or a criminal offense in connection with w
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or `o
contract under a public transaction; violation of Federal or State anti-trust statues or commission of a
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, Y
or receiving stolen property; r
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity 3
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of E
this certification; an
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D. Have not within a three (3) year period preceding this application /proposal had one or more public Q
transactions (Federal, State and local)terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this
certification such prospective participant shall attach an explanation to this proposal. co
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Consultant(Firm Name) ..
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Signature(Authorized Official of Consultant) Date
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4.I.a
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a :",
Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, w
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renewal, amendment, or modification of Federal contract, grant, loan or cooperativeAGREEMENT. ,o
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for Y
influencing or attempting to influence an officer or employee of any Federal agency, a Member of r
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection '3
with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and a
submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its E
instructions.
This certification is a material representation of fact upon which reliance was placed when this y
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than y
$100,000.00 for each such failure. o
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier sub-contracts, which exceed v
$100,000 and that all such sub-recipients shall certify and disclose accordingly. c
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KBA,Inc. E
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Consultant(Frrn Nacre)
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Signature(Authorized Official of Consdtant) Date
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4.I.a
Exhibit G-4 Certification of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of
the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either
actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in support of 84th Avenue South(East Valley Highway)Preservation-S.212th Street to S 196th Street *are accurate, complete, and current T
as of
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This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT'S between the offer or and the Government that are part of the proposal. N
Firm: KBA,Inc. w
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*Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project tit] C
**Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached. d
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***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the v
contract price was agreed to.
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4.I.a
Exhibit J
Consultant Claim Procedure:
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The
following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's T
claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is z,
suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the
consultant's claim(s)that total $1,000 or less. >
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential w
claim by the consultant. °
Step 1 Consultant Files a Claim with the Agency Project Manager Y
If the consultant determines that they were requested to perform additional services that were outside of r
the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is 3
the request for consideration of the claim to theAgency's project manager. a
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The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim Q
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• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope; co
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the o
additional work; and N
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• Explanation as to why the consultant believes the additional work was outside of the agreement v
scope of work.
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Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation M
After the consultant has completed step 1, the next step in the process is to forward the request to the a
Agency's project manager. The project manager will review the consultant's claim and will met with the E
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the 4)
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the a
Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through N
the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will N
need to be from agency funds.
If the Agency project manager, Director of Public Works or A ineer, WSDOT Local Programs o
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(if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo,
including backup documentation to the consultant to either supplement the agreement, or create a new y
agreement for the claim. After the request has been approved, the Agency shall write the supplement a
and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the =
final payment for the agreement is subject to audit. No further action in needed regarding the claim w
procedures.
If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures. a
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Local Agency A&E Professional Services Agreement Numb LA-10626
Negotiated Hourly Rate Consultant Agreement Revised 0713012021 1 Packet Pg. 205
4.I.a
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim
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• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associate
with the additional work; w
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• Explanation regarding those areas in which the Agency does/does not agree with the consultant's a
claim(s); 00
• Explanation to describe what has been instituted to preclude future consultant claim(s); and 3
• Recommendations to resolve the claim. c
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Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency 4)
Documentation
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The Director of Public Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or Commission 2
approval (as appropriate to agency dispute resolution procedures). If the project involves federal y
participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement
of the claim. If the claim is not eligible for federal participation, payment will need to be from agency
funds. n
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Step 5 Informing Consultant of Decision Regarding the Claim v
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and
rationale utilized for the decision. c
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Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
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The agency shall write the supplement and/or new agreement and pay the consultant the amount of the a
claim. Inform the consultant that the final payment for the agreement is subject to audit
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Local Agency A&E Professional Services Agreement Numb LA-10626
Negotiated Hourly Rate Consultant Agreement Revised 0713012021 1 Packet Pg. 206
4.J
PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5600
DATE: September 19, 2023
TO: Kent City Council - Committee of the Whole
SUBJECT: Lake Fenwick Alum Treatment - Award
MOTION: I move to award the Lake Fenwick Alum Treatment Project to
SOLitude Lake Management in the amount of $114,255.17 and authorize
the Mayor to sign all necessary documents, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: The project will apply an alum treatment to Lake Fenwick to minimize
phosphorous and algae blooms. This treatment is necessary in order to improve
water quality in Lake Fenwick.
A Request for Proposals was advertised for two weeks in August and proposals for
the Lake Fenwick Alum Treatment Project were due on September 1, 2023, with one
proposal received. The proposal submitted by SOLitude Lake Management in the
amount of $114,255.17 was responsive and the proposer is qualified.
BUDGET IMPACT: None (Fully grant funded by King County Waterworks and King
County Flood Control District Subregional Opportunity Fund grants)
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Fenwick Alum Proposal 2023 FINAL (PDF)
Packet Pg. 207
4.J.a
Cost Proposal from SOLitude Lake Management
APPROX. ITEM UNIT TOTAL
QUANTITY
PRICE AMOUNT
1 Mobilization/Demobilization (includes $21,020.00 $21,020.00
fencing of work area and removal of
LUMP SUM such fencing) Per LS 3
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9,280 GAL Aluminum Sulfate $2.05 $19,024.00 E
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Per GAL E
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5,100 GAL Sodium Aluminate $7.48 $38,148.00
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Per GAL 0
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1 Aluminum Sulfate and Sodium $3,000.00 $3,000.00
Aluminate Distribution System Q
LUMP SUM Per LS Z
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2 Aluminum Sulfate and Sodium $2,500.00 $5,000.00 y
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Aluminate Storage Tanks o
EA Per EA a`
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1 On-Site Jar Test $125.00 $250.00 3
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EA Per EA
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2 Application of Aluminum Sulfate and $ 8,541.00 $17,082.00 a
Sodium Aluminate
DAYS Per DAY
1 $250.00 $250.00
Packet Pg. 208
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LUMP SUM Spill Prevention Control and Per LS
Countermeasures Plan (SPCC) Plan
Subtotal $103,774.00
10.1% Sales Tax $10,481.17
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TOTAL $ 114,255.17 a
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4.3 Provide a statement that Proposer can meet the insurance and a
business license requirements contained in Exhibit C to the RFP.
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4.4 Return the signed Certifications and Assurances, attached as Exhibit U-
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5.0 SELECTION OF SUCCESSFUL PROPOSER
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The City intends to select one proposer and make a single award for this work.
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Proposals will be evaluated and scored based on the following criteria: z
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Evaluation Criteria & c
Maximum Score Evaluation Guide Score
Business Qualifications o
10 is Years in alum treatment work on lakes. a
Qualifications/certifications of key E
personnel currently employed; a
Staff Qualifications (20 Qualifications/certifications of staff to
is) be involved in this project. 3
Experience Doing Lake Number and acreage of Lake Alum Ui
Alum Treatment Work Treatment projects conducted. Lakes
(20 pts) located in WA.
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Cost 50 is Cost of doing the alum treatment.
TOTAL MAXIMUM
POSSIBLE SCORE /100
The RFP Coordinator may contact the Proposer for clarification of any portion of the
Proposer's proposal submission.
Packet Pg. 209
4.J.a
Exhibit A
To the RFP for Lake Fenwick Alum Treatment
CERTIFICATIONS AND ASSURANCES
I/we make the following certifications and assurances as a required element of the
proposal to which it is attached, understanding that the truthfulness of the facts
affirmed here and the continuing compliance with these requirements are conditions
precedent to the award or continuation of the related contract(s):
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1. I/we declare that all answers and statements made in the proposal are true
and correct. a
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2. The prices and/or costs data have been determined independently, without P
consultation, communication, or agreement with others for the purpose of E
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restricting competition. However, I/we may freely join with other persons or '
organizations for the purpose of presenting a single proposal. Y
3. The attached proposal is a firm offer for a period of 60 days following the due a
date for receipt of proposals, and it may be accepted by the City of Kent, a
Washington without further negotiation (except where obviously required by M
lack of certainty in key terms) at any time within the 60-day period. J
4. In preparing this proposal, I/we have not been assisted by any current or
former employee of the City of Kent whose duties relate (or did relate) to this Q
proposal or prospective contract, and who was assisting in other than his or Z
her official, public capacity. (Any exceptions to these assurances are described
in full detail on a separate page and attached to this document.) o
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5. I/we understand that the City of Kent will not reimburse me/us for any costs o
incurred in the preparation of this proposal. All proposals become the property o
of the City of Kent, and I/we claim no proprietary right to the ideas, writings, a
items, or samples, unless so stated in this proposal. E
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6. Unless otherwise required by law, the prices and/or cost data which have been
submitted have not been knowingly disclosed by the Proposer and will not
knowingly be disclosed by him/her prior to opening, directly or indirectly, to �i
any other Proposer or to any competitor.
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7. I/we agree that submission of the attached proposal constitutes acceptance
of the solicitation contents and the attached sample contract and general
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terms and conditions. If there are any exceptions to these terms, I/we have Q
described those exceptions in detail on a page attached to this document.
8. No attempt has been made or will be made by the Proposer to induce any
other person or firm to submit or not to submit a proposal for the purpose of
restricting competition.
Packet Pg. 210
4.J.a
9. I/we grant the City of Kent the right to contact references and others, who
may have pertinent information regarding the Proposer's prior experience and
ability to perform the services contemplated in this procurement.
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si nature of 'Pr ser
Senior Limnologist 9/1/23
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Title Date a
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Packet Pg. 211
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EXHIBIT C
INSURANCE REQUIREMENTS Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Contractor, their agents, representatives, employees, or subcontractors. a
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A. Minimum Scope of Insurance
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Contractor shall obtain insurance of the types described below: Y
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Commercial General Liability insurance shall be written on Insurance Services Y
Office (ISO) occurrence form CG 00 01 and shall cover liability arising from J
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability assumed
under an insured contract. The Commercial General Liability insurance shall Q
be endorsed to provide the Aggregate Per Project Endorsement ISO form CG z
25 03 11 85. The City shall be named as an insured under the Contractor's N
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Commercial General Liability insurance policy with respect to the work N
performed for the City using ISO additional insured endorsement CG 20 10 0
11 85 or a substitute endorsement providing equivalent coverage. If a o
general aggregate limit applies, either the general aggregate limit shall apply a
separately to this project/location or the general aggregate limit shall be E
twice the required occurrence limit. a
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The Contractor may use Umbrella or Excess Policies to provide the liability
limits as required in this Agreement. This form of insurance will be acceptable E
if all the Primary and Umbrella or Excess Policies shall provide all the
insurance coverages herein required. The Umbrella or Excess policies shall be Q
provided on a true "following form" or broader coverage basis, with coverage
at least as broad as provided on the underlying Commercial General Liability
insurance.
Packet Pg. 212
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Automobile Liability insurance providing bodily injury and property damage
liability coverage for all autos used in the performance of this Agreement.
This coverage must be on a primary and non-contributory basis only.
Coverage shall be written on ISO form CA 00 01, or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
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Contractor's Pollution Liability insurance covering losses caused by pollution a
conditions that arise from the operations of the Contractor.
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Workers' Compensation coverage for the employees of Contractor and E
subcontractors as required by the Industrial Insurance laws of the State of a
Washington. U
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B. Minimum Amounts of Insurance �
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Contractor shall maintain the following insurance limits:
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Commercial General Liability insurance shall be written with limits no less N
than $1,000,000 per occurrence
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Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 0
Primary Non-Contributory Additional Insured coverage for the City of Kent, a
et. al. E
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Waiver of Subrogation
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Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per occurrence. E
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Contractor's Pollution Liability insurance covering losses caused by pollution
conditions that arise from the operations of any Contractor doing work on
behalf of the City. Contractor's Pollution Liability insurance shall be written in
an amount of at least $1,000,000 per occurrence, with an aggregate of at
least $2,000,000. Coverage may be written on a claims-made basis.
Packet Pg. 213
4.J.a
If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City. The above policy limits may be obtained
with excess liability (umbrella) insurance.
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C. Other Insurance Provisions E
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The insurance policies are to contain, or be endorsed to contain, the following E
provisions: a
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1. The Contractor's insurance coverage shall be primary insurance with Y
respect to the City. Any insurance, self-insurance, or insurance pool J
coverage maintained by the City shall be in excess of the Contractor's
insurance policies and shall not contribute to the Contractor's
insurance policies.
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2. Contractor's insurer must deliver or mail written notice of cancellation M
to the named insured at least forty-five (45) days before the effective c
date of the cancellation. The Contractor's insurance policy shall N
include an endorsement that provides the City with written notice of o
cancellation forty-five (45) days before the effective date of the o
cancellation. If Contractor's insurer fails to provide the City with a a
copy of the notice of cancellation endorsement, the Contractor must ;
notify the City of any cancellation, nonrenewal or termination before a
the effective date of the cancellation.
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3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) with respect to work performed by or on E
behalf of the Contractor and a copy of the endorsement naming the
City as an additional insured shall be attached to the Certificate of 2
Insurance. The City reserves the right to receive a certified copy of all Q
required insurance policies. The Contractor's Commercial General
Liability insurance shall also contain a clause stating that coverage
shall apply separately to each insured against whom claims are made
or suit is brought, except with respect to the limits of the insurer's
liability.
Packet Pg. 214
4.J.a
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less
than A:VII.
E. Verification of Coverage
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Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional E
insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work. The City waives no rights, and the Contractor E
is not excused from performance if Contractor fails to provide the City with a copy a
of the endorsement naming the City as a Primary Non-Contributory Additional U
Insured. 3
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F. Subcontractors
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Contractor shall include all subcontractors as insureds under its policies or shall a
furnish separate certificates and endorsements for each subcontractor. All LL
coverage for subcontractors shall be subject to all the same insurance requirements M
as stated herein for the Contractor. N
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SOLitude Lake Management can meet the insurance and E
business license requirements contained in Exhibit C of the RFP. a
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Signature o Proposer
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Senior Limnologist 9/1/23
Title Date
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Packet Pg. 215
4.J.a
September 1, 20'"
S LITUDE
LAKE MANAGEMENT Restoring Balance. Enhancing Beauty
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Lake Fenwick Alum Treatment Project • O
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Responseto RFP
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PROPOSAL FOR: PROPOSAL BY: Q
Rowena Valencia-Gica, PhD John Holz, PhD
City of Kent Senior Limnologist
220 4th Avenue South Kent, SOLitude Lake Management
WA 98032-5895 735 S. 56th Street, Suite 2
rvalencia@kentwa.gov Lincoln, NE 68510
john.holz@solitudelake.com
Packet Pg. 216
SOLITU [7r-
September 1, 2023
To: City of Kent, WA
SOLitude Lake Management is proposing to provide full-scale buffered alum application services to
successfully implement the Lake Fenwick Alum Treatment Project (Project). Please accept our
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response to the City of Kent's Request for Proposals (RFP). SOLitude has reviewed all available 3
information and has a solid understanding of the RFP and the Project. We are aware of the City's a
desire to select a highly skilled and experienced applicator to meet the challenges of the project.
Our submittal focuses on SOLitude's unmatched ability to execute the application with the highest
possible level of precision, effectiveness, safety and professionalism. Specifically, you will find our
proposal is focused on three areas that are critical for the success of your project:
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• Project Understanding. SOLitude is the elite contractor conducting large-scale alum .2
applications throughout the US. We have a detailed understanding of the unique challenges
and general needs associated with alum projects, as well as the specifics of the Lake ;
Fenwick Project. We have the application technology and project experience in similar lakes �i
to fully address these challenges. Our unmatched approach will ensure an application where
the project design and strategy benefits are maximized in a the most cost-effective manner. J
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• Efficient and precise application methods. SOLitude's technically advanced application
equipment and techniques are state-of-the-art and unique to the industry. Custom designed,
our computer-controlled flow and GPS tracking equipment has a proven track record of _J
performance and the precision of our alum injection method has been well documented in Z
third-party studies. With hundreds of completed lake applications, millions of gallons of alum M
and buffer applied and 40+ years of experience, our application expertise and experience N
are unparalleled. We have successfully completed 44 buffered alum applications (alum
+sodium aluminate) to lakes greater than 50-ac in size over the past 5 years. 0
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• Professionalism. Alum applications generate much attention from the lake community, the a
public and the media. SOLitude's personnel and equipment promote a positive and
professional image of the project. Q
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SOLitude not only possesses hands-on experience for the technical needs of this project, but also
has a history of effectively implementing lake restoration projects. We have proven staff, experience, Ui
and project familiarity: all the ingredients to deliver a successful project. If you have any questions
regarding our proposal, please contact Dr. John Holz, who will serve as the proposed Project E
Principal for SOLitude Lake Management.
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John C. Holz, PhD a
SOLitude Lake Management
john.holz@solitudelake.com -402-430-0352 -www.solitudelakemanagement.com
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
Serving Clients Nationwide I • _ _ Packet Pg. 217
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Packet Pg. 218
SOLITU [7r-
Lake Fenwick Alum Treatment Project
1.0 Statement of Understanding
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SOLitude Lake Management is pleased to have the opportunity to assist the City of Kent (Project a
Owner) in managing Lake Fenwick, specifically by conducting a full-scale buffered alum application.
SOLitude has the professionalism and extensive experience, technical expertise and resources to
ensure the successful completion of this project.
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SOLitude has reviewed the Request for Proposals (RFP), and accompanying attachments provided by ~
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the Project Owner and has a clear understanding of the background and goals of the project. This a
Proposal is in accordance with the RFP and we have read and understand all sections and provisions
therein. SOLitude is prepared to meet the desired treatment schedule and specifications requested by 3
the Project Owner. Our previous work in Washington, across the U.S. makes SOLitude uniquely
qualified for this important project.
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SOLitude understands that Lake Fenwick is a 24-acre lake in the City of Kent, WA with a maximum J
depth of 31 feet. Lake Fenwick has a history of high nutrients and high algal biomass in the water
column of this high use lake. A substantial amount of phosphorus is present in the lakebed sediments M
and the sediments release phosphorus when oxygen levels decrease near the lake bottom. This _J
leaching of phosphorus from the lakebed is called internal loading and ultimately increases the amount Z
of phosphorus available for algal uptake and growth.
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An alum application has been recommended to improve lake water quality. The application produces a N
"floc" that settles to the bottom of the lake. The floc has sites where phosphorus in the sediments y
become chemically bound as it leaches from the bottom. The floc effectively intercepts and binds the c
phosphorus, which makes it unavailable for the algae to use for growth. The goals of the project are to a`
dramatically reduce the internal loading of phosphorus from the sediments, lower the amount of E
phosphorus in the water column, reduce the amount of algae and potential toxins, and improve the Q
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recreational opportunities for lake users. SOLitude understands that the approach to realizing these 3
goals is to apply 11.7 mg AI/L to Lake Fenwick in the fall of 2023. Lake Fenwick has a low buffering
capacity and this must be considered carefully in the application plan and strategy. SOLitude U`
mitigates the low buffering capacity challenge by flash mixing a pH buffer (liquid sodium aluminate), E
alum and lake water at the point of application to maintain a desirable water column pH.
As detailed in the rigorous specifications found in the RFP, SOLitude also understands that the City a
seeks a highly efficient and effective application to meet the project goals. SOLitude has the project
understanding, application technology and project experience in similar lakes to fully address these
challenges and concerns. Our approach, which is unmatched by any other alum applicator, will ensure
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
Serving Nationwide • _ _ Packet Pg. 219
SOLITU17
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an application where the project design and strategy benefits are maximized. This approach, and
detailed strategies to address challenges, are presented in the remainder of this submittal.
1.1 Cost Proposal
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$114,255.17 This cost is lump sum and includes all project components (alum, sodium aluminate, 3
labor, mobilization, demobilization, incidentals, etc.) for a 2023 buffered alum application at Fenwick a
Lake, WA(as per requirements of the RFP).
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1.2 Safety L
SOLitude understands that there is no higher priority than safety, both in terms of human safety and E
environmental safety. This level of safety is a function of detailed project specifications, experienced a
project oversight, employee training, state-of-the-art equipment, proper storage tanks, safety U
equipment, water quality monitoring and the execution of a site-specific Spill Prevention and Safety
Plan for every project. Our alum application operations have been reviewed by a third party safety ,_
consultant and are OSHA compliant. Y
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1.3 Project Familiarity
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SOLitude is fortunate to have been the premier alum application contractor conducting large-scale alum
applications in Washington and across the country for over twenty years. In addition to our outstanding a
alum application performance record, we have a detailed understanding of the needs and expectations LL
of the funding agencies, watershed districts, municipalities, lake associations and regional consulting N
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firms. We have had the opportunity to work closely and effectively with representatives from these N
entities on our previous projects in Washington. We have conducted site visits to the lake, understand o
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the expectations of the application contractor as presented in the Technical Specification and have a o
flawless record of meeting similar rigorous expectations on our previous projects. a
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SOLitude is also very familiar with the lake improvement implementation process and the studies that a
are necessary to identify and partition lake nutrient loads and determine alum doses. We have a firm 3
understanding of the application needs and how phosphorus inactivation fits into the larger lake
management approach for Lake Fenwick. ``
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SOLitude also has a strong working relationship with the major suppliers of alum and sodium aluminate E
in the region. These relationships are valuable for a variety of reasons. Lake alum applications call for a
high supply of alum over a short period of time. Effective and constant communication between Q
SOLitude, the supplier, and the trucking company is critical for a constant alum supply, timely delivery,
project schedule adjustments (due to unfavorable weather), adhering to project timelines, and obtaining
documented high-quality alum. This existing relationship ensures the highest level of performance for
the Lake Fenwick project.
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
Serving Clients Nationwide • _ _ Packet Pg. 220
SOLITU17
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LAKE MANArSEMENT
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2.0 Alum & Sodium Aluminate Application
2.1 Application Overview
SOLitude understands they will furnish and be responsible for all labor, mobilization, demobilization,
materials, equipment and incidentals required to complete the Lake Fenwick application; including 3
alum, sodium aluminate, application equipment, sampling equipment, storage equipment and spill a
containment equipment. SOLitude will be responsible for transport of the liquid alum and sodium
aluminate to the staging area identified in the RFP and the application to the lake from a custom
application vessel. SOLitude will arrange for portable storage tanks at the staging area and
alum/sodium aluminate will be pumped from the storage tanks to tanks onboard the application vessel.
The application vessel uses computerized dosage equipment that maintains a target dose rate by E
accounting for changes in vessel speed.All application equipment is integrated with GPS tracking to a
ensure a uniform and verifiable application area and rate. SOLitude will also be responsible for traffic
management, restoring the staging area to pre-project conditions, submitting daily logs and maintaining 3
a secure staging area.
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2.2 Alum & Sodium Aluminate Delivery
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Alum and sodium aluminate will meet the specifications stated in the project's RFP. The two products
will be delivered to the site the day of application in 5,000-gallon tankers following the predetermined
access routes. Alum and sodium aluminate will be transferred to temporary lakeshore storage tanks J
from air-pressurized delivery tankers through enforcer suction discharge hose. Lakeshore storage tanks z
will be secured (locked) if the products are stored overnight. SOLitude will be responsible for scheduling U_
the delivery of both products and security. N
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2.3 Staging Area N
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SOLitude will utilize the staging area defined in the RFP.At the shoreline staging area, temporary a
storage tanks will be installed and equipped with spill containment berms. Storage tanks and any other E
sensitive equipment will be secured within temporary fencing. SOLitude will coordinate timely delivery, a
storage and transfer of the alum and sodium aluminate to ensure efficient operation of the lake
application.All piping and fittings will be appropriate to the materials being transferred, corrosion •3
resistant, with proper joint seals, and free of observable defects. All storage tanks, pipes, hoses,
couplings and connectors will meet appropriate standards for handling alum and sodium aluminate. '_
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2.4 Application Protocol E
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Alum will be applied from an 8' x 24' customized barge. This vessel is powered with a Prodrive 40 Q
horsepower air-cooled outboard motor, is equipped with a 20' application boom. The minimum
application water depth for this vessel is two feet. Alum and sodium aluminate will be stored separately
onboard the vessel in polyethylene tanks. Onboard pumps supply the alum and sodium aluminate
separately to application ports on the spray bars. All piping is stainless steel or heavy-duty HDPE
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
Packet Pg. 221
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LAKE MANAGEMENT
tubing. Type 316 stainless-steel fittings are used in areas where contact with liquid products are
anticipated.All couplings and connectors for distribution lines, storage tanks, pump and injector units
meet corrosion resistance standards for both chemicals. The daily application rate for this vessel is
20,000 gallons per day.
1 SOLitude's subsurface injection technology utilizes injection lines with jet nozzles that are suspended 3
from the application boom and penetrate the water surface.Alum and sodium aluminate are injected a
under pressure and flash mixes with lake water. This method bypasses the lake water's surface tension ,
and allows the floc to form and begin to settle quickly out of the photic zone (documented settling rates
of 1 ft every 2 min). Thus, floc contact with algae and potential wind redistribution of floc is minimized. E
This system has successfully applied alum to lakes with high algal concentrations (e.g., Grand Lake St.
Mary's, OH; Spring Lake, MN) and wind concerns (e.g., Georges Pond, ME; Cedar Lake, WI). ~
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The pumping system on the application vessel is controlled by a computerized GPS system that varies Y
the flow rate with boat speed and bathymetric measurements (via sonar) to ensure the target dose rate •3
is achieved. The treatment area/sectors will be delineated and installed into the GIS system and the
application will be guided by integrated GPS Navigation System. The guidance system screen will show U_
the lake and application boundary with a grid overlay. While assisting the operator in maintaining
accurate passes/transects, the system logs the path of the treatment vessel with an accuracy of± 1 m. J
pH is monitored in real time from the vessel with a YSI Pro10 meter (calibrated daily) and the
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application stops if pH drops below 6.2 s.u. or exceeds 8.7 s.u. The computer-controlled pumping J
system has a manual backup system and replacements for all major parts (including pumps) exist z
on-site.
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2.5 Equipment & Personnel Redundancy N
SOLitude provides complete redundancy for equipment and personnel during all alum applications to 0
ensure that the project is not only completed, but completed on time. Downtime is minimized or o
eliminated by having replacement equipment and parts onsite for all components of the application a
process (e.g., pumps, hoses, fittings, valves, computerized flow control system components, etc.). Our E
application barges are equipped with two outboard motors and the application can continue with one a
motor in the event one fails. SOLitude also has backup barges that can be transported to the project
site within 2-3 days. We also have trained on-call personnel that can be to the project site within 1-2
days to replace onsite staff if needed. LL
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2.6 Application Timing & Duration
This project entails uniformly applying a total of 9,280 gallons of alum and 5,100 gallons of sodium 2
aluminate at ratio of 1.8:1 (v:v). The application will occur before the end of October 2023 and we Q
anticipate the application will take 2 days to complete. SOLitude understands that lake pH water
temperature and weather conditions will ultimately control the speed of application.
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
Serving Clients Nationwide I • _ _ Packet Pg. 222
SOLITU [7r-
2.7 Jar Tests and pH Monitoring
Jar tests will be conducted every morning prior to the application of alum and sodium aluminate to
evaluate the effects of the application to the lake water at the time of application. Tests will be
conducted on 20 gallons of lake water, which will be dosed with planned rates of alum and sodium
aluminate application. The effects of the dose on lake water pH will be monitored and results will be
used to adjust the application rate if needed. pH will be monitored in surface water samples at hourly a
intervals during the application. Application will be suspended if pH falls below 6.2 or rises above 8.7 ,
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2.8 Communication
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Prior to application commencement, SOLitude will establish a communication plan and tree with input E
from the Project Owner and/or the Project Owner's Representative/Engineer. Communication regarding a
project scope, quality control, cost control, change management, day-to-day field activities, project
safety, and schedule management will flow through the Project Manager (Tadd Barrow).
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Daily Application Log: A log of contractor activities and application information will be prepared each
day of the project. The log will be shared electronically with the Project Owner and/or the Project J
Owner's Representative/Engineer by 10:OOAM the following day.At a minimum, the log will contain:
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• Date of Work
• Hours of Application _J
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• Quantity of Alum Applied z
• Quantity of Sodium Aluminate Applied M
• Acreage Treated/Map N
• Summary of Alum and Sodium Aluminate Deliveries
• Jar Test Results N
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• pH Measurements o
• Explanation of any Downtime a
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Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of SOLitude lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
Serving Clients Nationwide I • _ _ Packet Pg. 223
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Alum Treatment Experience
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REFERENCES
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LAKE MANAr-SEMENT
■
3.0 Selected Past Projects (2018-2022)
• IBIS Ponds, FL • North Lake, MN
• Honeoye, NY • Bald Lake, MN
• Bur Oaks, MN • Hay Lake, MN
• Stormwater Basin LP-63, MN • Cliff Lake, MN
• Fish, MN • Shields Lake II, MN a
• Wasserman, MN • Lake Agnes, MN
Blue, MN • Waughop II, WA
• Agnes II, MN • Long Lake II, WI E
• Crystal II, MN • East Balsam Lake, WI L
• Sweeney II, MN • Lake Riley II, MN
• Monponsett, ME • Upper Prior Lake, MN
• Half Moon IV, WI • Cornelia Lake, MN a
• East Balsam II, WI • Lake Como, MN U
• Long III, WI • Spring Lake III, MN c
• Lily, MN • Waughop Lake I, WA U-
• Hyland II, MN • Shields Lake I, MN
• Mona II, MI • Moody Lake II, MN -J
• Long, ME • Stormwater Basin JP 5, MN
• Riverside Lakes III, NE • Stormwater Basin LP 44, MN
• Ketchum II, WA • Stormwater Basin GP 1.2, MN J
• Stafford, RI • Stormwater Basin LP 53, MN z
• Nippo, NH • Stormwater Basin LP 41, MN U-
• Congamond, MA • Holz Lake, MN N
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• Cochnewgon, ME • Heine Lake, MN N
• Auburn, ME • Blackhawk Lake West II, MN N
• Hinckleys, MA • Thomas Lake, MN 0
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East Pond, ME • Carlson Lake, MN °
Monponsett, MA • Fish Lake II, MN a
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Cliff, MA • Keller Lake, MN
Georges Pond, ME • Bass Lake I, MN Y
Heritage, PA • Pomerleau Lake I, MN •3
Moswansicut Reservoir, RI • Wasserman West Lake, MN
Keller II, MN • Normandale Lake, MN U-
Half Moon III, WI • Long Lake, WA
Cedar III, WI • Cove Lake, IL E
Savage Pond, MN • Victoria Springs, NE
Mona, MI • Crystal Lake, NE Q
Crystal, MN • Kirkpatrick Lake, NE
Ketchum, WA • Wood Pond, MN
Black II, WA • Rice Marsh Lake, MN
Pomerleau Lake II, MN • Lotus Lake, MN
Bass Lake II, MN • Spring Lake II, MN
• Heart Lake, WA
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
Packet Pg. 225
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Alum Treatment Projects in Progress
Project Name Owner Engineer Contract Amount %Complete Completion
Date Q
Big Round Big Round Lake Protection & Rehabilitation District James $3,196,358 25 July 2026 c
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IBIS Northern Palm Beach County Improvement District Holmberg $746,746 33 November 2024 E
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Blue Isanti Soil &Water Conservation District Wilkinson $505,766 50 November 2024
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Alum Treatment Projects Completed in Last Five Years Q
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Project Name Owner Engineer Contract Date of %Work Lake Buffered
Amount Completion Performed Acres
Cedar IV Cedar Lake Protection & James $695,789 July 2023 100 1,120 Y LL
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Rehabilitation District
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Quacumquasit Town of Sturbridge, MA Pilgrim $398,432 July 2023 100 225 Y
Waughop III City of Lakewood Brattebo $128,180 June 2023 100 33 Y
Big Round I Big Round Lake Protection & James $782,358 June 2023 100 1,014 N
Rehabilitation District J
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Sherwood Tri Lakes Management District Pallardy $198,773 June 2023 100 216 N Z
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Big Doctor I Big Doctor Lake Association James $197,663 June 2023 100 213 Y M
Whaletail Three Rivers Park District James $183,028 May 2023 100 510 N N
Meadow City of New Hope, MN Lofton $59,104 May 2023 100 71 Y
Mona III Mona Lake Watershed Council Jacobson $89,124 May 2023 100 695 Y a
Turner II Nebraska National Guard Barrow $38,784 April 2023 100 5 N o
Ketchum III Snohomish County,WA Brattebo $40,008 March 2023 100 26 Y a
IBIS I Northern Palm Beach County Holmberg $236,874 January 2023 100 157 Y
Improvement District Y
Honeoye State of New York Lofton $1,357,930 November 2022 100 1,776 N
Bur Oaks City of Fagan, MN Bischoff $45,170 October 2022 100 9 Y
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LP-63 City of Fagan, MN Bischoff $15,527 October 2022 100 2 Y
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Fish City of Fagan, MN Bischoff $80,458 October 2022 100 20 Y
Sweeny II Bassett Creek Watershed Wilson $225,000 October 2022 100 67 Y t
Management Commission
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Wasserman Minnehaha Creek Watershed District Bischoff $175,000 September 2022 100 170 Y
Blue Isanti Soil &Water Conservation Wilkinson $252,883 September 2022 100 263 Y
District
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Agnes II Alexandria Lake Area Sanitary Wilkinson $150,634 September 2022 100 135 N
District
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Crystal II City of Robbinsdale, MN Wilkinson $59,393 September 2022 100 50 Y E
Monponsett II Town of Halifax, MA Wagner $177,700 August 2022 100 283 Y L
Half Moon IV City of Eau Clarie,WI James $56,881 June 2022 100 135 Y E
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East Balsam II Balsam Lake Protection & James $385,532 June 2022 100 520 N '
Rehabilitation District Q
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Long III Long Lake Protection & James $80,587 June 2022 100 286 N .2
Rehabilitation District
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Long Pond Wagner $238,000 June 2022 100 277 Y m
Lily Middle St. Croix Watershed Funke $136,073 May 2022 100 50 Y J
Management Organization
Hyland II Three Rivers Park District James $151,426 May 2022 100 95 Y
Mona II Mona Lake Watershed Council Jacobson $81,019 May 2022 100 695 Y
Riverside III SID#177 of Douglas County, NE Holz $168,993 April 2022 100 42 Y
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Ketchum II Snohomish County,WA Brattebo $41,772 March 2022 100 26 Y z
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Keller II Black Dog Watershed Management Wilson $110,000 September 2021 100 52 Y M
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Organization N
Crystal I City of Robbinsdale, MN Wilkinson $85,452 September 2021 100 50 Y
Half Moon III City of Eau Claire James $45,921 June 2021 100 135 Y a
Cedar III Cedar Lake Protection & James $665,163 June 2021 100 1,120 N
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Rehabilitation District a
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Savage City of Savage, MN Alms $19,600 June 2021 100 2 N
Mona I Mona Lake Watershed Council Jacobson $106,009 May 2021 100 695 y Y
Georges II Georges Pond Association Wagner $100,938 May 2021 100 388 y
Heritage Lake Heritage Property Owners Holz $398,609 April 2021 100 576 Y
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Association
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Ketchum I Snohomish County,WA Brattebo $30,269 April 2021 100 26 Y
Black II Black Lake Special District Holz $1,398,550 April 2021 100 538 Y E
Pomerleau City of Plymouth, MN Bischoff $52,567 October 2020 100 26 N r
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Bass II City of Plymouth, MN Bischoff $75,846 October 2020 100 176 N
North City of Eagan, MN Bischoff $61,341 October 2020 100 7 Y
Bald City of Eagan, MN Bischoff $88,153 September 2020 100 7 Y Q
Hay City of Eagan, MN Bischoff $85,703 September 2020 100 12 Y
Cliff City of Eagan, MN Bischoff $84,408 September 2020 100 7 Y (D
Shields II Comfort Lake Forest Lake Watershed Funke $102,335 September 2020 100 30 Y E
District
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Agnes I Alexandria Lake Area Sanitary Bischoff $150,634 September 2020 100 137 N E
District '
Waughop 11 City of Lakewood, WA Brattebo $148,488 July 2020 100 33 Y Y
Long 11 Long Lake Protection & James $80,587 June 2020 100 286 N .2
Rehabilitation District
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East Balsam I Balsam Lake Protection & James $365,722 June 2020 100 520 N
Rehabilitation District
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Riley 11 Riley Purgatory Bluff Creek Bischoff $233,271 June 2020 100 275 N
Watershed District
Upper Prior Prior Lake Spring Lake Watershed Pallardy $542,373 June 2020 100 416 Y
District
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Cornelia Nine Mile Creek Watershed District Pilgrim $81,844 May 2020 100 44 Y z
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Como Capitol Region Watershed District Lofton $152,263 May 2020 100 65 Y M
Georges I Georges Pond Association Wagner $140,064 May 2020 100 388 Y N
Spring III Prior Lake Spring Lake Watershed Wilson $464,290 May 2020 100 600 N
District o
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Waughop 1 City of Lakewood, WA Brattebo $148,488 March 2020 100 33 Y o
Shields I Comfort Lake Forest Lake Watershed Funke $204,669 October 2019 100 30 a
Y E
District
Moody 11 Comfort Lake Forest Lake Watershed Funke $92,865 October 2019 100 45 Y Y
District
JP-5 City of Eagan, MN Bischoff $36,372 October 2019 100 5 Y
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LP-44 City of Eagan, MN Bischoff $36,372 October 2019 100 5 Y U-
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GP-1.2 City of Eagan, MN Bischoff $6,928 October 2019 100 1 Y
LP-53 City of Eagan, MN Bischoff $50,278 October 2019 100 7 Y E
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LP-41 City of Eagan, MN Bischoff $43,300 October 2019 100 6 Y
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Holz City of Eagan, MN Bischoff $54,086 October 2019 100 10 Y
Heine City of Eagan, MN Bischoff $84,878 October 2019 100 7 Y
Blackhawk II City of Eagan, MN Bischoff $41,462 September 2019 100 13 Y Q
Thomas City of Eagan, MN Bischoff $73,798 September 2019 100 15 Y
Carlson City of Eagan, MN Bischoff $85,919 September 2019 100 8 Y (D
Fish City of Plymouth, MN Bischoff $199,092 August 2019 100 215 N E
Cedar II Cedar Lake Protection & James $590,049 June 2019 100 1,120 N
Rehabilitation District ~
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Hyland I Three Rivers Park District James $113,805 June 2019 100 95 Y Q
Keller I Black Dog Watershed Management Wilson $87,182 June 2019 100 52 Y -c
Organization 2
Half Moon 11 City of Eau Claire,WI James $63,903 May 2019 100 135 Y (D
Bass I City of Plymouth, MN Bischoff $65,580 May 2019 100 176 N m
Pomerleau I City of Plymouth, MN Bischoff $45,783 May 2019 100 26 N J
Wasserman W Minnehaha Creek Watershed District Bischoff $59,937 May 2019 100 6 Y
Normandale Nine Mile Creek Watershed District Pilgrim $124,659 May 2019 100 110 Y
Long Kitsap County,WA Brattebo $182,000 April 2019 100 339 Y
Cove Coves Property Owners Association Holz $72,509 April 2019 100 81 N Q
Victoria Nebraska Game and Parks Holz $33,362 April 2019 100 5 Y Z
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4.0 Selected Project Experience J
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We have completed 44 buffered alum applications (alum + sodium aluminate) to lakes greater than
50-ac in size over the past 5 years. Q
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Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
Packet Pg. 230
4.J.a
LITUDE PROJECT DESCRIPTION
LAKE MANAGEMENT
Lake Size Green Lake, WA
259 acres HAB -
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AquaticSolutions
Date of Application
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April 2016
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Project Sponsor
City of E
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Shannon Brattebo
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Green Lake is a 259-acre, poorly buffered lake (total alkalinity of below
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25 mg CaCO3/L) located in Seattle, WA. This urban lake has an average Q
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depth of 13 feet, a maximum depth of 30 feet and has had a long history
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_ _ _ of cyanobacteria blooms dating back to at least 1916. The City of Seattle o
• • contracted with HAB to successfully apply 81744 gallons of alum and
greenlakealum.c• 40,905 gallons of sodium aluminate over a six-day period in April 2016. 0
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The buffered alum application increased water clarity from 9 to 19 feet a
and had no effect on lake pH or dissolved oxygen concentrations. The
image above shows the Green Lake Coverage Map, with each individual Y
application path represented by a single green line. HAB provides a 3
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coverage map to their clients on all projects. 0
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4.J.a
LITUDE PROJECT DESCRIPTION
LAKE MANAGEMENT
Lake Size Lake Wapato, WA
acres34 Lake Wapato is a shallow, 34-acre urban lake located in the City of
Tacoma, WA. The poorly buffered lake (total alkalinity of below 25 mg
Date Application CaCO3/L) has a long history of poor water quality with the first closure a
May 2017 to recreational use occurring in 1942. Problems at the lake have ranged
from swimmers getting rashes, to bad odors, to heavy algae blooms, E
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SponsorProject
and to the toxic algae blooms that have been common in recent years. L
City of Tacoma Excessive amounts of the nutrient phosphorus were the main cause of ~
the toxic algal blooms. Internal phosphorus loading (leaching from the '
lakebed sediments) is significant in the lake and phosphorus is high in the 19
ReferenceProject sediments and available for release into the overlying water column.
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Rob Zisette HAB Aquatic 0
Consultant-in-Charge Solutions successfully f°
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Herrera, conducted a bufferedSeattle, WA ilk
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alum application
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• (15,932 gallons of Q
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alum and 9,470  _ = z
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three-day period
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in May 2017. The f ? + o
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application produced a
a floc that settled
HAB's Application Barge Preparing to Fill at Lake Wapato E
to the bottom of the lake. The floc has sites where phosphorus in the Y
sediments become chemically bound as it leaches from the bottom.
The floc effectively intercepts and binds the phosphorus, which makes �i
it unavailable for the algae to use for growth. The goals of the project
were to dramatically reduce the internal loading of phosphorus from the E
sediments, lower the amount of phosphorus available to algae in the
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water, reduce the amount of algae and associated toxins and remove Q
any recreational restrictions at the lake. For more information visit HAB's
project website at www.wapatoalum.com.
Packet Pg. 232
4.J.a
LITUDE PROJECT DESCRIPTION
LAKE MANAGEMENT
Pinto Lake, CA
Pinto Lake is a 120-acre _
recreational lake in Watsonville,
- • '1 • • • CA. The lake developed massive :
• • algal blooms every late summer ;
and fall and algal toxin levels E
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typically exceeded the State health HAB Public Outreach Event at Pinto Lake
criteria. As a result,the lake was classified as "impaired" and was closed
for contact recreation during the bloom periods. Of particular interest, the 2
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death of 31 endangered southern sea otters have been traced to algal
• - - - toxins which have accumulated in shellfish eaten by the otters. Pinto Lake
is the likely source of the toxins in the shellfish and the cause of the otter ,i
deaths. An excessive amount of the nutrient phosphorus was the main
cause of the toxic algal blooms. Internal phosphorus loading(leaching from J
the lakebed sediments) and watershed runoff both contribute phosphorus
to Pinto, but a study in 2011 showed that the majority(85%)was coming
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.: from the lakebed. a
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Samples from the bottom of the lake confirmed that phosphorus was very N
• - - • high in the sediments and available to be released into the overlying water N
• • , - • column. HAB Aquatic Solutions conducting a buffered alum application o
(79,000 gallons of alum and 39,500 gallons of sodium aluminate) over a o
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ten-day period in April 2017. The application was highly successful with a a
dramatic reduction in water column phosphorus and algal biomass, an
elimination of algal toxins and the lifting of recreational use restrictions. Y
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Alum and Sodium Aluminate Being Applied at Pinto Lake
CJ Packet Pg. 233
4.J.a
SQLITUDE PROJECT DESCRIPTION
LAKE MANAGEMENT
Moswansicut Reservoir, RI
Moswansicut _
Reservoir is
- • • • • a 286-acre a
• • drinking water
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reservoir located '"AB E
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in Scituate, RI. L
Moswansicut has
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a maximum depth
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of 47 feet, an
• - - - average depth of - c
20 feet, and Lowering the Application Barge into Moswansicut Reservoir d
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_ - was showing signs of degraded water quality. Excessive amounts of
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phosphorus (P) were fueling nuisance amounts of algae in the reservoir.
Some of the types of algae (cyanobacteria) had the potential to produce
toxins and harm humans. P leaching from the nutrient-rich lakebed
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sediments was identified as a primary source of P to the overlying water z
- • - - column and algae. LL
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�- Samples from the lakebed confirmed that P was high in the sediments and N
- - - available for release into the water column. A buffered alum application o
..- dose and strategy delivered a target dose of 70,359 gallons of alum and o
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34,824 gallons of sodium aluminate to a 173-acre portion of Moswansicut a
Reservoir. SOLitude )formally HAB Aquatic Solutions) conducted the
application over a six-day period in late April 2018. Despite having the 3rd Y
wettest year for the state in 2018, the buffered alum application resulted 3
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in a substantial reduction in total-P and chlorophyll a during the summer of �i
2018. Average water transparency(Secchi Disk depth) increased, with the
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maximum transparency increasing nearly 3 times above pre-project E
conditions. Cyanobacteria blooms were eliminated and there were no
negative impacts on non-target organisms. Q
- Packet Pg. 234
4.J.a
SGUTUDE PROJECT DESCRI PTION
LAKE MANAGEMENT
Lake Size Georges Pond, ME
358 acres
GeorgesPondis a 358-acre lake near Franklin, ME with an average depth of
14 feet and a maximum depth of 45 feet. Water quality had decreased with
Date of • • • recent cyanobacteria blooms in 2012, 2015, 2017 & 2018. Studies showed a
May • that lakebed sediments were releasing phosphorus (P) when oxygen levels -
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decreased at the lake bottom (total P doubled in the water column in 2019). E
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The sediment P release ultimately increased the amount of P available for
Project • • • algae blooms, decreasing water clarity by up to 10 feet over the years. ~
Georges '• • E
Association SOLitude )formally HAB Aquatic Solutions) conducted the first of two planned a
buffered alum applications over a 4-day period in May 2020. The 131-ac
3
application zone received a dose of 26,055 gal of alum and 13,027 gal of
ProjectReferenceLL
sodium aluminate in 2020 and the second application is scheduled for May m
_ .he
' = 2021. The lake is already realizing reduced internal P loading from the �
GeorgesPond sediments, lower water column P, greater clarity and improved recreational
Association
opportunities for lake users. In fact, Georges Pond had the greatest clarityFranklin, ME M
measurement on record during summer 2020-over 22 ft! a
z
858-775-1674 Total Phosphorus Near Lakebottom LL
The graphs to the right 1200 N
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illustrate the dramatic 1000 N
reduction in P release rates a $°° o
before (blue lines) and after a 600 0
(red lines)the alum ' 400 r
~ 200 E
application at Georges '
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Pond.The top graph shows early May late May mld,une mld,uly IateAug mid5ep early0a Y
that the concentration of P -2U19 —2U20 3
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near the bottom was Mass of Phosphorus(kg)in Hypolimnion(>7 meters) U-
reduced due to less P '° c
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leaching from sediments 60 E
50
(99% less than the August ,° c
2019 peak). The bottom 30 Q
graph shows the mass of P 20
30
accumulating in the bottom
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waters over the summer early May late May mid,une mid,uly IateAug mid5ep earlyoct
-2019 -2020
was much lower in 2020 --
(85% lower by early Bottom Water P Characteristics Before
October). and After Alum Application. Data Source:
J.Eliasberrg;Georges Pond Association
Packet Pg. 235
SOLITU [7r-
5.0 Selected Buffered Alum Projects & References for Washington
5.1 Lake (size, year(s) treated)
Lake Ketchum (24-ac; 2021, 2022 & 2023)
Black Lake (538-ac; 2016 & 2021) v
Waughop Lake (33-ac; twice in 2020 & once in 2023) a
Long Lake (339-ac; 2019)
Heart Lake (70-ac; 2018)
Wapato Lake (20-ac; 2017) E
Green Lake (259-ac; 2016)
E
5.2 Project References 2
a
Harry Gibbons, PhD (Waughop, Long, Green) 3
Tetra Tech
harry.gibbons@tetratech.com U-
206-728-9655
J
Shannon Brattebo, PE (Waughop, Long, Green)
Tetra Tech M
Spokane, WA
shannon.brattebo@tetratech.com z
509-232-4312
M
N
Marisa Burghdoff(Ketchum) N
Snohomish County Conservation & Natural Resources y
Everett, WA CL
marisa.burghdoff@snoco.org IL°L 425-388-3204 E
Rob Zisette (Black, Heart, Wapato)
Herrera Environmental Consultants 3
Seattle, WA
as
rzisette@herrerainc.com U`
206-787-8262
E
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Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of SOLitude lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
Serving Clients Nationwide I • _ _ Packet Pg. 236
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LAKE MANArSEMENT
SOLITU17
6.0 Firm Experience & Qualifications
' SOLitude Lake Management has been providing professional lake management services since 1971.
We have successfully completed well over a thousand treatment programs, mechanical projects, and
other types of management plans on lakes across the U.S. We currently manage over 1,000
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waterbodies on an annual basis and have a well-rounded and experienced staff to meet any lake 3
management challenge. a
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To the best of our knowledge, SOLitude is the only company with prior experience at applying alum to E
larger waterbodies. Large-scale alum treatments, like Lake Fenwick require a commitment of highly
trained personnel and specialized application vessels and equipment. We have successfully
completed 44 buffered alum applications (alum +sodium aluminate) to lakes greater than 50-ac E
in size over the past 5 years. a
7.0 Key Personnel
U_
John Holz, PhD I Technical Oversight/Senior Limnologist he
J
Dr. Holz and has over 25 years of experience in surface water quality/aquatic habitat management and
research. Dr. Holz has been involved in over 150 lake phosphorus inactivation projects. While earning r,
his PhD from the University of Nebraska-Lincoln (UNL), Dr. Holz's research advanced our understanding J
of water resource issues and developed improved management tools for lakes, streams and z
watersheds, including assessing/interpreting/predicting the response of water bodies to pollutants and ,_
the effectiveness of restoration techniques. As a faculty member at UNL, Dr. Holz obtained $7.95 million M
CD
in funding to support water quality research, authored over 20 publications, taught courses in Limnology N
(the study of lakes and streams) and Lake and Reservoir Restoration, and served as a technical advisor N
to the U.S. EPA on water quality management issues in the U.S. Dr. Holz is a recognized leader in water 00.
quality/aquatic habitat management. °
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Tadd Barrow, MS I Logistics Manager/Water Quality Specialist
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Mr. Barrow has over 20 years of experience in fisheries, surface water quality/aquatic habitat
management and research. He has performed the role of Logistics Manager on over 150 lake c
restoration projects. While earning his M.S. from the University of Nebraska-Lincoln (UNL), Mr. Barrow's Ui
research led to insights on the management of sensitive fish species related to unique water quality
stressors, including assessing/interpreting/predicting the response of fishes to pollutants and the E
available aquatic biota.As a faculty member at UNL, Mr. Barrow obtained $5.96 million in funding to
cc
support water quality research, authored over 15 publications, and guest lectured courses in Limnology
and Lake and Reservoir Restoration. Mr. Barrow established a nationally unique lake water quality Q
volunteer monitoring program. Mr. Barrow is also a graduate of the National Extension Leadership and
Development and is a leader in water quality/aquatic habitat management and toxic algae assessment.
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
Serving Clients Nationwide I • _ _ Packet Pg. 238
SOLITU [7r-
3
Joel Barrow I Project Barge Operator/Application Specialist
' Mr. Barrow has over 20 years of experience in the field of project supervision and has an intimate
understanding of all boats, pumps, software and miscellaneous equipment required to complete an alum
application. His specific project tasks include barge and software operation, equipment
mobilization/demobilization, product transfer to application barge, equipment maintenance/repair and the 3
enforcement of numerous safety plan tasks. Q
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attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
Serving Nationwide _ _ Packet Pg. 239
SOLITU [7r-
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Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of 5CE1-itude lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
Serving • •- I 888.480.LAKE I solitudelakemanagement.c
Packet Pg. 240
SOLITU17
LAKE MANAGEMENT
John Holz, PhD
Senior Limnologist
Education
L
Ph.D. in Biological Sciences (Aquatic Ecology), University of NebraskaI a
Master of Science degree in Forestry, Fisheries and Wildlife, University of Nebraska ,
Biological Sciences degree in Natural Resources, University of Nebraska
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Professional Associations
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American Society of Limnology and Oceanography E
Ecological Society of America a
North American Lake Management Society
3
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Biography U_
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Dr. Holz and has over 25 years of experience in surface water quality/aquatic habitat management and ca
research. Dr. Holz has performed the role of Project Principal on over 140 lake phosphorus inactivation
projects.
M
While earning his PhD from the University of Nebraska-Lincoln (UNL), Dr. Holz's research advanced our a
understanding of water resource issues and developed improved management tools for lakes, streams z
and watersheds, including assessing/interpreting/predicting the response of water bodies to pollutants M
and the effectiveness of restoration techniques. Dr. Holz conducted research that advanced our ability to 0
address numerous unique water quality challenges and pollutant effects. Specific areas of expertise N
include lake restoration and management, watershed management, biological indicators of water quality, o
phytoplankton ecology and management, nutrient inactivation (alum), determination of appropriate water o
quality goals, nutrient criteria development, water quality monitoring, water quality modeling, internal a
phosphorus loading, and determining effectiveness of TMDL's using water quality and biological E
information. Dr. Holz was honored for his alum research advancements by the North American Lake a
Management Society in 1999 when he received their Technical Excellence Award in recognition for
Outstanding Research in Lake Restoration, Protection and Management.
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As a faculty member at UNL, Dr. Holz obtained $7.95 million in funding to support water quality
research, authored over 20 publications, taught courses in Limnology (the study of lakes and streams) E
and Lake and Reservoir Restoration, and served as a technical advisor to the U.S. Environmental
Protection Agency (EPA) on water quality management issues in the U.S. Dr. Holz is a recognized
leader in water quality/aquatic habitat management. Q
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
Serving Clients Nationwide I • _ _ Packet Pg. 241
SOLITU [7r-
F � 1 _
..
LAKE MANABEMENT
Tadd Barrow
Water Quality Specialist
' Education
Master of Science degree in Natural Resources (Fisheries), University of Nebraska a
Biological Sciences degree in Forestry, Fisheries & Wildlife, University of Nebraska ,
c
Professional Associations E
d
American Fisheries Society
North American Lake Management Society E
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Biography
3
Mr. Barrow has over 20 years of experience in fisheries, surface water quality/aquatic habitat
management and research. He has performed the role of Project Manager on over 140 lake restoration
projects. J
While earning his M.S. from the University of Nebraska-Lincoln (UNL), Mr. Barrow's research led to
insights on the management of sensitive fish species related to unique water quality stressors, including
assessing/interpreting/predicting the response of fishes to pollutants and the available aquatic biota. Mr. Q
Barrow conducted research that advanced our ability to address numerous unique water quality z
challenges and pollutant effects. Specific areas of expertise include communication with public, private M
agencies and businesses discussing lake ecology and restoration and management, watershed c
management, biological indicators of water quality, phytoplankton ecology and management, nutrient N
inactivation (alum), determination of appropriate water quality goals, water quality monitoring, internal y
0
phosphorus loading, and determining impacts of toxic algae using water quality and biological c
information. a`
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As a faculty member at UNL, Mr. Barrow obtained $5.96 million in funding to support water quality Q
research, authored over 15 publications, and guest lectured courses in Limnology and Lake and
Reservoir Restoration. Mr. Barrow established a nationally unique lake water quality volunteer
monitoring program. Mr. Barrow is also a graduate of the National Extension Leadership and
Development and is a leader in water quality/aquatic habitat management and toxic algae assessment.
c
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Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
• _ _ Packet Pg. 242
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SOLITU17
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LAKE MANAr-EmENT
Invasive species have the potential to adversely affect natural resources, it is SOLitude's policy to limit
_ the introduction of invasive species onto lands and waters. This plan sets forth HAB Aquatic Solutions
policy and procedures to Prevent or limit the introduction, establishment and spread of invasive species.
Movement of equipment, organisms, and organic and inorganic material are potential pathways. Each
of these pathways must to be considered and addressed where appropriate to reduce risk associated 3
with invasive species movement. SOLitude implements site-level management to limit the spread and a
impact of invasive species. Site-level management includes planning, implementation and evaluation c
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procedures that reduce impacts of invasive species and the risk of their spread. Detailed policies along E
with procedures and responsibilities are outlined below. L
PROCEDURES FOR INTENTIONAL MOVEMENT OF EQUIPMENT INCLUDING TRUCKS, E
TRACTORS, BOATS, OFF-HIGHWAY VEHICLES, NETS, ANCHORS, HEAVY EQUIPMENT, TOOLS, Y
PERSONAL GEAR, ETC. 3
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1. Before arriving at a work site, inspect the equipment and remove visible plants, seeds, mud, dirt
clods, and animals. J
2. Before leaving a work site, inspect the equipment and remove visible plants, seeds, mud, dirt clods,
and animals.
J
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3. Before leaving an aquatic work site, drain water onto dry land from all equipment, tanks, or z
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water-retaining components of boats such as motors, live well, bilge, or transom wells onto dry land. M
CD
Drain plugs, bailers, valves, or other devices for draining water must be removed or open while N
transporting water-related equipment on a public road. N
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4.After working on an aquatic site, clean and dry equipment prior to using it in other locations. a
E
Additionally, SOLitude will conduct a Level 2 Decontamination, using a self-service commercial car a
wash with hand operated pressure wands, pressure wash boat and trailer inside (deck or internal areas
that get contaminated with aquatic debris) and out. HAB will make sure we wash out raw water storage
areas, get behind and under trim tabs, engine mounts and raw water intake ports. The hot water and Ui
soap setting will be used.
E
SOLitude will also flush the engine cooling system with fresh tap water at 140F (60°C) for a minimum of
5 minutes, or at ambient temperature for 10 minutes— no chemicals, if hot water is not available. Q
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall he
the responsibiiity of the recipient to keep the information contained herein confidential.
Serving Clients Nationwide I • _ _ Packet Pg. 244
SOLITU [7r-
Prior to working on any project, SOLitude will undergo site-level planning to identify any invasive
_ species which may be present the site and mitigate the spread and impact at the site level. Site-level
planning considerations are included following:
1. Awareness of documented infestations of invasive species at the site
L
a. Check invasive species databases to determine if waters or lands at or near a
projects and activities are infested (i.e. GIS layers for terrestrial invasive plants,
infested waters list, etc.)
E
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b. Check each project site for invasive species infestations prior to management
activity E
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2. Strategies and actions to minimize the spread and impact
3
a. Segregate work activity in infested waters or areas from work in uninfested U_
waters or areas
J
b. Change frequency and timing of maintenance activity
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c. Minimize the area of disturbance during projects
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Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of SOLitude lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
Serving Clients Nationwide I • _ _ Packet Pg. 245
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Sp ' ll Prevention , Control
1 �
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ontinqency Plan
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�-- -- --- � :e ��- �x SOLITU17
LAKE MANAGEMENT
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Federal Water Pollution Control Act (33 U.S.C. Secs. 1251 et. Seq as amended to date) require
_ implementation of a spill response and prevention plan. Preventing spills of materials is a significant
component of complying with these regulations. However, even with the best prevention efforts, spills
may still occur. When they do, it is up to contracted personnel to respond quickly and effectively to
. cleanup the spilled material or notify someone who can. The plan should be kept in a central location -a
that is easily accessible for employees. 3
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Plan Implementation Date: April 1, 2023
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Facility's Responsible Person(s) in charge of spill response planning, implementation and 0-
maintenance of this Plan: ~
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Name Phone #'s
3
Tadd Barrow (HAB Aquatic Solutions) 402-430-6813
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RESPONSIBILITIESCU
• The Job Site Responsible Person has primary responsibility for coordinating the
response to emergencies, including chemical spills.
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• Supervisors should ensure that employees are familiar with these procedures and U-
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receive any necessary training. N
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• All employees should follow these procedures in the event of a chemical spill. o
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EMERGENCY CONTACT NUMBERS
• Outside emergency services (police, fire department, ambulance service): 911 Y
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• Hospital: [Valley Medical Center]: 425-525-1179
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• Facility Responsible Person: Tadd Barrow Phone #: 402-430-6813
CLEAN-UP PROCEDURES
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Spilled chemicals should be effectively and quickly contained and cleaned up. Employees should clean
up spills themselves only if properly trained and protected. Employees who are not trained in spill
cleanup procedures should report the spill to the Responsible Person(s) listed above, warn other
employees, and leave the area.
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SC)Lit ude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
Serving Clients Nationwide I • _ _ Packet Pg. 247
SOLITU17
LAKE MANAr-EmENT
J.a
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The following general guidelines should be followed for evacuation, spill control, notification of proper
_ authorities, and general emergency procedures in the event of a chemical incident in which there is
potential for a significant release of hazardous materials.
1. Evacuation
L
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Persons in the immediate vicinity of a spill (including the public) will be immediately evacuated from the a
area by trained SOLitude employees (except for employees with training in spill response in
circumstances described below). E
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2. Spill Control Techniques ~
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Once a spill has occurred, the employee needs to decide whether the spill is small enough to handle Y
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without outside assistance. Only employees with training in spill response should attempt to contain or 3
clean up a spill. U_
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NOTE: If you are cleaning up a spill yourself, make sure you are aware of the hazards associated with
the materials spilled, have adequate ventilation, and proper personal protective equipment. Treat all
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residual chemical and cleanup materials as hazardous waste. M
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Spill control equipment should be located wherever significant quantities of hazardous materials are Z
received or stored. U_
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NOTE: If you are cleaning up a spill yourself, make sure you are aware of the hazards associated with
the materials spilled, have adequate ventilation, and proper personal protective equipment. Treat all 0
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residual chemical and cleanup materials as hazardous waste. °
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Spill control equipment should be located wherever significant quantities of hazardous materials are 2
received or stored. ,ac
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3. Spill Response and Cleanup a
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Response and cleanup procedures will vary depending on the size of the spill.
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Training: Employees will be trained to respond to an incidental spill by use of the personal
protective procedures in place. Training will focus on stopping and minimization of the spill to Q
protect the environment.
Safety: Safety procedures vary with the material spilled, the location of the spill and the amount
spilled. In general, stay out of the spill zone and avoid contact with all chemicals. People
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
Serving Clients Nationwide I • _ _ Packet Pg. 248
ITU17
LAKE MANAGEMENT
J.a
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involved in containment and clean up must wear proper safety apparel as required by area
_ safety rules for the material spilled. While it is important to stop and contain spills, it is more
important to prevent injuries.
Equipment Available to Contain Spills: Most potential spills would be contained in the 1,750
gallon spill guards. Any spills outside of the spill guards will be hosed down with lake water 3
immediately. HAB Aquatic Solutions will maintain pumps and hoses dedicated to wash down on a
site at all times. Spills are generally handled by internal personnel and usually do not require an -
emergency response by police or fire department HAZMAT teams. E
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• Quickly control the spill by stopping or securing the spill source. This could be as
simple as uprighting a container and using water to rinse down area of spill. Wear gloves E
and protective clothing, if necessary. a
REPORTING SPILLS c
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All chemical spills, regardless of size, should be reported as soon as possible to the Job Site he
Responsible Person. The Responsible Person will determine whether the spill has the potential J
to affect the environment outside of the job site and must be reported to 911 or the National
Response Center at 800-424-8802. Examples of spills that could affect the outside environment
include spills that are accompanied by fire or explosion and spills that could reach nearby water a
bodies. Z
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SPILLS (MATERIALS) THAT REQUIRE SPECIAL CLEANUP CD
N
Describe any materials used your facility that in require special materials and procedures for cleanup 0
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procedures beyond those listed above. Provide details regarding hazards associated with these. °
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Material Amount max Location(s) a
Aluminum Sulfate 13,800 Gallons On shore storaae tanks 3
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Sodium Aluminate 6,900 gallons On shore storage tank ``
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Material Maximum Volume to be cleaned Disposal Method/Location
°
Aluminum Sulfate 5,000 gallons Rinse into lake Q
Sodium Aluminate 5,000 gallons Rinse into lake
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
Serving Clients Nationwide I • _ _ Packet Pg. 249
SOLITU17
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LAKE MANAr-EmENT
Note: Each storage tank is surrounded by a one foot high spill guard that contains 1,750 gallons. In the
_ unlikely event of a spill, the alum is pumped to from spill guard back to the storage tank(s) and/or
pumped to the application vessel and applied to the lake.
EMPLOYEE TRAINING LOG
L
Identify the spill response and application equipment training provided to each employee or a
contractor who is charged with responsibility for spill response:
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EMPLOYEE NAME INSTRUCTORS NAME DATE OF TRAINING v
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Personal Protective Equipment Procedure
3
The utilization of personal protective equipment (PPE) is essential in providing a safe working
environment at SOLitude Lake Management. In determining the type and extent of protective a)
equipment required to work safely among chemical hazards associated with job duties, the _J
management of SOLitude shall conduct an assessment of the workplace prior to the start of the job.
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It is the policy of SOLitude, that protective equipment, including PPE for eyes, face, head, extremities _J
and protective clothing shall be provided, used and maintained in a sanitary and reliable condition Z
whenever it may be necessary by reasons of potential chemical hazards. Employees required to use M
PPE (Personal Protective Equipment) must be trained. The topics of PPE training shall include but are o
N
not limited to: when and what PPE is necessary, how to properly wear and adjust PPE, the proper care,
maintenance and useful disposal of PPE. 0
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SOLitude is committed to providing a safe work environment for all employees and contractors and a
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conducting all operations in a safe and healthful manner. The health and safety of every employee and a
contractor is a fundamental consideration in every business decision and plan. SOLitude is committed
to protect the public, company property, and our customers from incidents that could cause harm or 3
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economic loss due to our operations. �i
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Our goal is to prevent the occurrence of all work-related injuries, illnesses and property losses. The
SOLitude health and safety program contains specific requirements which are based on the following
principles in providing and effective safety program: Q
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SC)Lit ude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
Serving Clients Nationwide • _ _ Packet Pg. 250
SOLITU [7r-
• Managers and Supervisors are responsible for the safety of operations under their control and
will be evaluated accordingly.
• SOLitude strives to provide a safe work environment by eliminating or controlling hazards with
appropriately designed equipment and facilities, safe operating procedures, and necessary
. personal protective equipment. -a
• All applicable safety regulations, codes and accepted work practices will be followed. Specific 3
rules and procedures will be established and followed at every location. Q
• Each employee and contractor will be informed of hazards associated with his or her job and
trained in safe work procedures, the use of personal protective equipment, and other means E
intended to provide personal protection.
• All employees and contractors are responsible for performing their job activities in a safe and E
reasonable manner and in accordance with safety related instructions given to them, and the a
training they have received. Failure to comply will result in disciplinary actions up to and
including termination.
• All unsafe acts, conditions and incidents must be reported to the site manager for investigation Ui
and prompt correction.
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Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its
attachments without prior written consent of SOLitude lake Management.This document is provided to the recipient in good faith and it shall be
the responsibility of the recipient to keep the information contained herein confidential.
Packet Pg. 251
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Product Data
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Packet Pg. 252
SAFETY DATA SHEET
1. Identification
Product identifier Sodium Aluminate,32%
Other means of identification None.
Recommended use Not available.
Recommended restrictions None known.
Manufacturer/Importer/Supplier/Distributor information
Manufacturer
Company name Thatcher Company, Inc. Q
Address 1905 Fortune Road
Salt Lake City, UT 84104 c
United States
E
Telephone General Assistance 8-5 (801)972-4587
E-mail Not available. L
t—
Emergency phone number Chemtrec(CCN 22106) (800)424-9300 E
2. Hazard(s) identification Q
Physical hazards Not classified. U
3
Health hazards Skin corrosion/irritation Category 1
Serious eye damage/eye irritation Category 1 m
Environmental hazards Hazardous to the aquatic environment, acute Category 3 J
hazard
Hazardous to the aquatic environment, Category 3
long-term hazard M
OSHA defined hazards Not classified.
Q
Label elements Z
LL
M
N
o
N
O
N
O
Signal word Danger o
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Hazard statement Causes severe skin burns and eye damage. Causes serious eye damage. d
Precautionary statement E
Prevention Do not breathe mist or vapor.Wash thoroughly after handling.Wear protective gloves/protective Q
clothing/eye protection/face protection.
Response If swallowed: Rinse mouth. Do NOT induce vomiting. If on skin (or hair): Take off immediately all
contaminated clothing. Rinse skin with water/shower. If inhaled: Remove person to fresh air and m
keep comfortable for breathing. If in eyes: Rinse cautiously with water for several minutes. u_
Remove contact lenses, if present and easy to do. Continue rinsing. Immediately call a poison
center/doctor.Wash contaminated clothing before reuse.
E
Storage Store locked up.
Disposal Dispose of contents/container in accordance with local/regional/national/international regulations.
Hazard(s) not otherwise None known.
a
classified (HNOC)
Supplemental information None.
3. Composition/information on ingredients
Mixtures
Chemical name Common name and synonyms CAS number %
Sodium aluminate 1302-42-7 31 -< 33
Material name: Sodium Aluminate, 32% sus us
1901150, 1901151, 1901152, 1901153,0316720,0316722,0316727,0324721, 1901156 Version#:05 Revision date:03-10-202
Packet Pg. 253
Chemical name Common name and synonyms CAS number %
Sodium Oxide 1313-59-3 7-< 8
Other components below reportable levels 60-<70
*Designates that a specific chemical identity and/or percentage of composition has been withheld as a trade secret.
4. First-aid measures
Inhalation Move to fresh air. Call a physician if symptoms develop or persist.
Skin contact Take off immediately all contaminated clothing. Rinse skin with water/shower. Call a physician or
poison control center immediately. Chemical burns must be treated by a physician.Wash
contaminated clothing before reuse.
Eye contact Immediately flush eyes with plenty of water for at least 15 minutes. Remove contact lenses, if
present and easy to do. Continue rinsing. Call a physician or poison control center immediately.
Ingestion Call a physician or poison control center immediately. Rinse mouth. Do not induce vomiting. If 'a
vomiting occurs, keep head low so that stomach content doesn't get into the lungs. 3
Most important Burning pain and severe corrosive skin damage. Causes serious eye damage. Symptoms may Q
symptoms/effects, acute and include stinging,tearing, redness, swelling, and blurred vision. Permanent eye damage including
delayed blindness could result.
Indication of immediate Provide general supportive measures and treat symptomatically. Chemical burns: Flush with water E
medical attention and special immediately.While flushing, remove clothes which do not adhere to affected area. Call an
treatment needed ambulance. Continue flushing during transport to hospital. Keep victim under observation.
Symptoms may be delayed. E
General information Ensure that medical personnel are aware of the material(s)involved, and take precautions to
protect themselves. Q
5. Fire-fighting measures
Suitable extinguishing media Water fog. Foam. Dry chemical powder. Carbon dioxide(CO2). LL
Unsuitable extinguishing Do not use water jet as an extinguisher, as this will spread the fire. Y
media f°
J
Specific hazards arising from Not applicable.
the chemical
Special protective equipment Wear suitable protective equipment.
and precautions for firefighters J
Fire fighting Move containers from fire area if you can do so without risk. Z_
equipment/instructions LL
M
Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. c
General fire hazards No unusual fire or explosion hazards noted. N
6. Accidental release measures 0
Q.
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Personal precautions, Keep unnecessary personnel away. Keep people away from and upwind of spill/leak. Wear
d
protective equipment and appropriate protective equipment and clothing during clean-up. Do not breathe mist or vapor. Do E
emergency procedures not touch damaged containers or spilled material unless wearing appropriate protective clothing.
Ensure adequate ventilation. Local authorities should be advised if significant spillages cannot be Q
contained. For personal protection, see section 8 of the SDS. �c
U
Methods and materials for Large Spills: Stop the flow of material, if this is without risk. Dike the spilled material,where this is 3
containment and cleaning up possible. Cover with plastic sheet to prevent spreading.Absorb in vermiculite, dry sand or earth
and place into containers. Following product recovery,flush area with water. u-
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Small Spills:Wipe up with absorbent material (e.g. cloth,fleece). Clean surface thoroughly to
remove residual contamination. E
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Never return spills to original containers for re-use. For waste disposal, see section 13 of the SIDS.
Environmental precautions Avoid discharge into drains,water courses or onto the ground. Q
7. Handling and storage
Precautions for safe handling Provide adequate ventilation. Do not breathe mist or vapor. Do not get in eyes, on skin, or on
clothing.Avoid prolonged exposure. Wear appropriate personal protective equipment. Observe
good industrial hygiene practices.
Conditions for safe storage, Store locked up. Store in original tightly closed container. Store away from incompatible materials
including any incompatibilities (see Section 10 of the SDS).
Material name: Sodium Aluminate, 32% sus us
1901150, 1901151, 1901152, 1901153,0316720,0316722,0316727,0324721, 1901156 Version#:05 Revision date:03-10-202
Packet Pg. 254
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8. Exposure controls/personal protection
Occupational exposure limits
US.ACGIH Threshold Limit Values
Material Type Value Form
Sodium Aluminate, 32% TWA 1 mg/m3 Respirable fraction.
Components Type Value Form
Sodium aluminate(CAS TWA 1 mg/m3 Respirable fraction.
1302-42-7)
US. NIOSH: Pocket Guide to Chemical Hazards
Components Type Value
Sodium aluminate(CAS TWA 2 mg/m3
1302-42-7) L
Biological limit values No biological exposure limits noted for the ingredient(s). Q
Appropriate engineering Good general ventilation (typically 10 air changes per hour)should be used.Ventilation rates
controls should be matched to conditions. If applicable, use process enclosures, local exhaust ventilation,
or other engineering controls to maintain airborne levels below recommended exposure limits. If E
exposure limits have not been established, maintain airborne levels to an acceptable level. Eye
wash facilities and emergency shower must be available when handling this product. L
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Individual protection measures,such as personal protective equipment E
Eye/face protection Wear safety glasses with side shields(or goggles)and a face shield.
Q
Skin protection Y
Hand protection Wear appropriate chemical resistant gloves. Suitable gloves can be recommended by the glove 3
supplier.
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Other Wear appropriate chemical resistant clothing. m
Respiratory protection In case of insufficient ventilation,wear suitable respiratory equipment. J
Thermal hazards Wear appropriate thermal protective clothing, when necessary.
General hygiene Always observe good personal hygiene measures, such as washing after handling the material M
considerations and before eating, drinking, and/or smoking. Routinely wash work clothing and protective 51-
equipment to remove contaminants. Q
9. Physical and chemical properties LL
Appearance N
0
Physical state Liquid. N
Form Liquid. N
Color Not available. Q-
0
Odor Not available. d
Odor threshold Not available. E
pH Not available. Q
Melting point/freezing point 3002°F (1650 °C)estimated
Initial boiling point and boiling Not available.
range Li
Flash point Not available.
Evaporation rate Not available.
E
Flammability(solid, gas) Not applicable.
0
Upper/lower flammability or explosive limits Q
Flammability limit-lower Not available.
(%)
Flammability limit-upper Not available.
(%)
Explosive limit-lower(%) Not available.
Explosive limit-upper(%) Not available.
Vapor pressure Not available.
Vapor density Not available.
Material name: Sodium Aluminate, 32% sus us
1901150, 1901151, 1901152, 1901153,0316720,0316722,0316727,0324721, 1901156 Version#:05 Revision date:03-10-202
Packet Pg. 255
Relative density Not available.
Solubility(ies)
Solubility(water) Not available.
Partition coefficient Not available.
(n-octanol/water)
Auto-ignition temperature Not available.
Decomposition temperature Not available.
Viscosity Not available.
Other information
Density 11.85 estimated
Explosive properties Not explosive.
Oxidizing properties Not oxidizing.
10. Stability and reactivity a
Reactivity The product is stable and non-reactive under normal conditions of use, storage and transport.
Chemical stability Material is stable under normal conditions. m
E
Possibility of hazardous Hazardous polymerization does not occur.
reactions L
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Conditions to avoid Contact with incompatible materials. E
Incompatible materials None known.
Q
Hazardous decomposition No hazardous decomposition products are known. Y
products .2
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11. Toxicological information Li
a)
Information on likely routes of exposure Y
n:
Inhalation May cause irritation to the respiratory system. Prolonged inhalation may be harmful.
Skin contact Causes severe skin burns.
co
Eye contact Causes serious eye damage.
Ingestion Causes digestive tract burns.
Q
Symptoms related to the Burning pain and severe corrosive skin damage. Causes serious eye damage. Symptoms may Z
physical, chemical and include stinging,tearing, redness, swelling, and blurred vision. Permanent eye damage including LL
toxicological characteristics blindness could result. N
0
Information on toxicological effects N
Acute toxicity Not available. o
Skin corrosion/irritation Causes severe skin burns and eye damage. p
L
Serious eye damage/eye Causes serious eye damage. d
irritation E
Respiratory or skin sensitization Q
Respiratory sensitization Not a respiratory sensitizer.
Skin sensitization This product is not expected to cause skin sensitization.
Germ cell mutagenicity No data available to indicate product or any components present at greater than 0.1%are Li
mutagenic or genotoxic. r
c
Carcinogenicity This product is not considered to be a carcinogen by IARC,ACGIH, NTP, or OSHA.
E
US. OSHA Specifically Regulated Substances (29 CFR 1910.1001-1050)
Not listed.
Reproductive toxicity This product is not expected to cause reproductive or developmental effects. Q
Specific target organ toxicity- Not classified.
single exposure
Specific target organ toxicity- Not classified.
repeated exposure
Aspiration hazard Not an aspiration hazard.
Chronic effects Prolonged inhalation may be harmful.
Material name: Sodium Aluminate, 32% sus us
1901150, 1901151, 1901152, 1901153,0316720,0316722,0316727,0324721, 1901156 Version#:05 Revision date:03-10-202
Packet Pg. 256
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12. Ecological information
Ecotoxicity The product is not classified as environmentally hazardous. However,this does not exclude the
possibility that large or frequent spills can have a harmful or damaging effect on the environment.
Product Species Test Results
Sodium Aluminate, 32%
Aquatic
Acute
Fish LC50 Fish 34.6875 mg/I, 96 hours estimated
Components Species Test Results
Sodium aluminate(CAS 1302-42-7)
Aquatic
Acute
Fish LC50 Mosquitofish (Gambusia affinis affinis) 11.1 mg/I, 96 hours Q
* Estimates for product may be based on additional component data not shown. c
m
Persistence and degradability No data is available on the degradability of this product. E
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Bioaccumulative potential No data available.
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Mobility in soil No data available.
Other adverse effects No other adverse environmental effects(e.g. ozone depletion, photochemical ozone creation
potential, endocrine disruption, global warming potential)are expected from this component. Q
13. Disposal considerations 3
Disposal instructions Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Dispose of
contents/container in accordance with local/regional/national/international regulations. u_
m
Local disposal regulations Dispose in accordance with all applicable regulations.
Hazardous waste code The waste code should be assigned in discussion between the user,the producer and the waste J
disposal company.
Waste from residues/unused Dispose of in accordance with local regulations. Empty containers or liners may retain some M
products product residues.This material and its container must be disposed of in a safe manner(see:
Disposal instructions).
Q
Contaminated packaging Since emptied containers may retain product residue,follow label warnings even after container is ?
emptied. Empty containers should be taken to an approved waste handling site for recycling or u_
disposal. N
0
N
14. Transport information
DOT O
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UN number UN1819 O
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UN proper shipping name Sodium aluminate, solution (Sodium aluminate) a-
Transport hazard class(es)
Class 8 Q
Subsidiary risk - 2
Label(s) 8 3
Packing group II y
Special precautions for user Read safety instructions, SDS and emergency procedures before handling. u_
Special provisions B2, IB2,T7, TP2
Packaging exceptions 154 E
Packaging non bulk 202
Packaging bulk 242
DOT BULK Q
BULK
UN number UN1819
UN proper shipping name Sodium aluminate, solution (Sodium aluminate)
Transport hazard class(es)
Class 8
Label(s) 8
Packing group II
Special precautions for user Read safety instructions, SDS and emergency procedures before handling.
Material name: Sodium Aluminate, 32% sus us
1901150, 1901151, 1901152, 1901153,0316720,0316722,0316727,0324721, 1901156 Version#:05 Revision date:03-10-202
Packet Pg. 257
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Special provisions B2, I132,T7, TP2
Packaging exceptions 154
Packaging non bulk 202
Packaging bulk 242
IATA
UN number UN1819
UN proper shipping name Sodium aluminate solution (Sodium aluminate)
Transport hazard class(es)
Class 8
Subsidiary risk -
Packing group II
Environmental hazards No. 'a
ERG Code 8L M
Special precautions for user Read safety instructions, SIDS and emergency procedures before handling. Q
Other information },
Passenger and cargo Allowed. E
aircraft
r
Cargo aircraft only Allowed. L
IMDG
UN number UN2812 E
UN proper shipping name SODIUM ALUMINATE, SOLID SOLUTION (Sodium aluminate) Q
Transport hazard class(es)
Class 8 3
Subsidiary risk -
Packing group Not applicable. LL
m
Environmental hazards Y
Marine pollutant No.
EmS Not available.
Special precautions for user Read safety instructions, SIDS and emergency procedures before handling. c°o
Transport in bulk according to Not established.
Annex II of MARPOL 73/78 and
the IBC Code Z
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DOT; DOT Bulk packaging type LL
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15. Regulatory information
US federal regulations This product is a"Hazardous Chemical'as defined by the OSHA Hazard Communication
Standard, 29 CFR 1910.1200.
One or more components are not listed on TSCA.
Material name: Sodium Aluminate, 32% sus us
1901150, 1901151, 1901152, 1901153,0316720,0316722,0316727,0324721, 1901156 Version#:05 Revision date:03-10-202
Packet Pg. 258
TSCA Section 12(b) Export Notification (40 CFR 707, Subpt. D)
Not regulated.
CERCLA Hazardous Substance List(40 CFR 302.4)
Not listed.
SARA 304 Emergency release notification
Not regulated.
US. OSHA Specifically Regulated Substances (29 CFR 1910.1001-1050)
Not listed.
Superfund Amendments and Reauthorization Act of 1986(SARA)
Hazard categories Immediate Hazard-Yes
Delayed Hazard- No
Fire Hazard- No
Pressure Hazard-No
Reactivity Hazard- No
SARA 302 Extremely hazardous substance Q
Not listed.
SARA 311/312 Hazardous No
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chemical E
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SARA 313(TRI reporting) L
Not regulated.
E
Other federal regulations
Clean Air Act(CAA)Section 112 Hazardous Air Pollutants(HAPs) List Y
Not regulated. V
Clean Air Act(CAA)Section 112(r)Accidental Release Prevention (40 CFR 68.130)
Not regulated. u-
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Safe Drinking Water Act Not regulated. Y
(SDWA) J
US state regulations
rn
US.California Controlled Substances. CA Department of Justice(California Health and Safety Code Section 11100) M
Not listed.
J
US. Massachusetts RTK-Substance List Q
Z
Not regulated. LL
US. New Jersey Worker and Community Right-to-Know Act N
Not regulated. N
US. Pennsylvania RTK- Hazardous Substances
Sodium aluminate(CAS 1302-42-7) o
US. Pennsylvania Worker and Community Right-to-Know Law o
L
Sodium aluminate(CAS 1302-42-7) a-
US. Rhode Island RTK E
Not regulated. Q
US.California Proposition 65
California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65): This material is not known to contain
any chemicals currently listed as carcinogens or reproductive toxins. Li
International Inventories
c
Country(s)or region Inventory name On inventory(yes/no)"
Australia Australian Inventory of Chemical Substances(AICS) Yes
Canada Domestic Substances List(DSL) Yes
Canada Non-Domestic Substances List(NDSL) No Q
China Inventory of Existing Chemical Substances in China (IECSC) Yes
Europe European Inventory of Existing Commercial Chemical Yes
Substances(EINECS)
Europe European List of Notified Chemical Substances(ELINCS) No
Japan Inventory of Existing and New Chemical Substances(ENCS) Yes
Korea Existing Chemicals List(ECL) Yes
New Zealand New Zealand Inventory Yes
Material name: Sodium Aluminate, 32% sus us
1901150, 1901151, 1901152, 1901153,0316720,0316722,0316727,0324721, 1901156 Version#:05 Revision date:03-10-202
Packet Pg. 259
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Country(s)or region Inventory name On inventory(yes/no)*
Philippines Philippine Inventory of Chemicals and Chemical Substances Yes
(PICCS)
United States&Puerto Rico Toxic Substances Control Act(TSCA) Inventory Yes
*A"Yes"indicates that all components of this product comply with the inventory requirements administered by the governing country(s)
A"No"indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing
country(s).
16. Other information, including date of preparation or last revision
Issue date 04-24-2019
Revision date 03-10-2023
Version# 05
NFPA ratings Health: 3 3
Flammability: 0 Q
Instability: 0
NFPA ratings y
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0 R
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Disclaimer Thatcher Company cannot anticipate all conditions under which this information and its product, or Q
the products of other manufacturers in combination with its product, may be used. It is the user's he
responsibility to ensure safe conditions for handling, storage and disposal of the product, and to •3
assume liability for loss, injury, damage or expense due to improper use.The information in the
sheet was written based on the best knowledge and experience currently available.
u_
Revision Information Product and Company Identification:Alternate Trade Names m
Transport Information: Material Transportation Information J
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Material name: Sodium Aluminate, 32% sus us
1901150, 1901151, 1901152, 1901153,0316720,0316722,0316727,0324721, 1901156 Version#:05 Revision date:03-10-202
Packet Pg. 260
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MATERIAL SAFETY DATA SHEET
3
1.CHEMICAL PRODUCT AND COMPANY IDENTIFICATION Q
PRODUCT NAME: Aluminum Sulfate,Liquid d
SYNONYMS: Liquid Alum,Papermakers Alum E
CAS No. 010043-01-3
CHEMICAL FAMILY: Inorganic Salt L
H
MOLECULAR FORMULA: Al2(SO4)3.(14H2O) �
MOLECULAR WEIGHT: —590 E
EMERGENCY PHONE: For emergency involving spill,leak,fire,exposure,or accident Q
call CHEMTREC: 1-800-424-9300. Y
c2
2. COMPOSITION/INFORMATION ON INGREDIENTS: 3
OSHA REGULATED COMPONENTS y
COMPONENT CAS No. % TWA/CEILING REFERENCE LL
Aluminum Sulfate 010043-01-3 >50 2 mg/M^3 OSHA/ACGIH
cv
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3. HAZARDS IDENTIFICATION
EMERGENCY OVERVIEW: APPEARANCE AND ODOR:Clear,amber,light green,light
Blue to greenish blue liquid with a faint sharp odor or no odor. to
STATEMENTS OF HAZARD: CAUTION!MAY CAUSE EYE AND SKIN IRRITATION
POTENTIAL HEALTH EFFECTS: J
INHALATION: Inhalation of alum mist may irritate respiratory tract. Z
INGESTION: May irritate gastrointestinal tract. Concentrated solutions may z
cause burns to the digestive tract.
EYES: May cause strong irritation or burning of the eyes c
SKIN: May cause mild skin irritation N
4. FIRST AID MEASURES
In case of skin contact,wash affected areas of skin with plenty of soap and water. In case of eye Q.
contact,immediately irrigate with plenty of water for 15 minutes. 0-
EYES: Flush immediately with plenty of water for no less than 15 minutes. If irritation d
persists,seek medical attention. E
SKIN: Flush with plenty of water,remove contaminated clothing,wash skin with soap
and water. If irritation persists,seek medical attention. Q
INHALATION:Promptly remove to fresh air. v
INGESTION: Never give anything by mouth to an unconscious person. Immediately give to a 3
conscious person large quantities of milk or water. Induce vomiting by touching
finger to back of throat. Get immediate medical attention. Li
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Packet Pg. 261
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5. FIRE FIGHTING MEASURES
FLAMMABLE PROPERTIES
FLASH POINT: >200 DEGREES F(>93.3 DEG.C)
METHOD: Setaflash Closed Cup
FLAMMABLE LIMITS(%BY VOL.):Not Applicable
AUTO IGNITION TEMP: Not Applicable
DECOMPOSITION TEMP: Not Applicable
EXTINGUISHING MEDIA AND FIRE FIGHTING INSTRUCTIONS
Use water spray,carbon dioxide,or dry chemical to extinguish fire. Use water to keep containers
cool. Wear self-contained,positive pressure breathing apparatus.
3
6. ACCIDENTAL RELEASE MEASURE Q
STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED
Where exposure level is not known,wear NIOSH approved,positive pressure,self-contained
respirator. Where exposure level is known,wear NIOSH approved respirator suitable for level of
exposure. In addition to the protective clothing/equipment in Exposure Control(Exposure
Controls/Personal Protection),wear rain suit. Cover spills with some inert absorbent material; L
sweep up and place in a waste disposal container. Flush area with water. Another option would H
be to dilute small spills or leaks cautiously with plenty of water. Neutralize any further residue
with alkali such as soda ash,lime,or limestone. Adequate ventilation is required if soda ash or 3
limestone is used because of the consequent release of carbon dioxide gas. (See Section 13 for Q
disposal methods). Large spills:dike up with soda ash,and neutralize and so forth as above. v
3
7. HANDLING AND STORAGE
Avoid contact with eyes,skin,and clothing. Wash thoroughly after handling. Prevent material from tL
coming in contact with common metals.
to
8. EXPOSURE CONTROL/PERSONAL PROTECTION J
ENGINEERING CONTROLS AND PERSONAL PROTECTIVE EQUIPMENT(PPE) r
Engineering controls are not usually necessary if good hygiene practices are followed. Before eating,
to
drinking,or smoking,wash face and hands thoroughly with soap and water. Avoid unnecessary skin
contact. Impervious gloves and aprons are recommended to prevent skin contact. For operations where J
eye or face contact can occur,wear eye protection such as chemical splash-proof goggles or face shield. Q
Where exposures are below the Permissible Exposure Limit(PEL),no respiratory protection is required. Z
Where exposures exceed the PEL,use respirator approved by NIOSH for the material and level of M
exposure. See GUIDE TO INDUSTRIAL RESPIRATORY PROTECTION(NIOSH). M
N
O
9. PHYSICAL AND CHEMICAL PROPERTIES N
APPEARANCE AND ODOR: Clear,amber,light green,light blue to greenish blue liquid with a faint
to
sharp odor or no odor. 0
CL
BOILING POINT: 214 DEG.F(101 DEG C) p
MELTING POINT: Not Available d
VAPOR PRESSURE: Similar to water E
SPECIFIC GRAVITY: 1.32-1.35
VAPOR DENSITY: Similar to water Q
%VOLATILE(BY WT.): 66-69
SATURATION IN AIR(BY VOL.): Similar to water 3
EVAPORATION RATE: Similar to water
SOLUBILITY IN WATER: Complete
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Packet Pg. 262
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10. STABILITY AND REACTIVITY
STABILITY: Stable
CONDITIONS TO AVIOD: If evaporated to dryness,residue should not be exposed
to temperatures above 760 degrees C(1400 deg.F)these
yield toxic and corrosive gases.
POLYMERIZATION: Will Not Occur
CONDITIONS TO AVOID: None Known
INCOMPATIBLE MATERIALS: Alum corrodes iron and aluminum. This product is
incompatible with alkalies.
HAZARDOUS DECOMPOSITION PRODUCTS: Thermal decomposition may produce sulfur
dioxide or sulfur trioxide. ?�
Q
11. TOXICOLOGICAL INFORMATION '
Toxicological information on the OSHA regulated components of this product is as follows:The acute
oral(rat)LD50 value for aluminum sulfate is 1,900 mg/kg. Acute overexposure to aluminum sulfate may
produce skin and eye irritation. Inhalation overexposure to aluminum sulfate dust may cause irritation to
respiratory tract. L
H
12. ECOLOGICAL INFORMATION E
No aquatic LC50,BOD,or COD data available
OCTANOL/112O PARTITION COEF:Not Available Q
Y
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13. DISPOSAL CONSIDERATIONS
Disposal must be made in accordance with applicable governmental regulations.
LL
14. TRANSPORT INFORMATION
D.O.T.SHIPPING INFORMATION
SHIPPING NAME: Other Regulated Substances J
HAZARD CLASS: 9 r
PACKING GROUP: III
to
UN NUMBER: 3082 cM
IMDG PAGE: Not Applicable J
D.O.T (PRODUCT REPORTABLE QUANTITY) Q
HAZARDOUS Aluminum Sulfate Z
SUBSTANCES: (5,000 lbs) M
TRANSPORT M
LABEL REQUIRED: 3082 on white square or 3082 on point panels or N
orange panels
EXAMPLES: Environmentally Hazardous Substances,Liquid, to
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NOS,9,UN 3082,PG III(Aluminum Sulfate, 0
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Solution) p
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Other Regulated Substances,Liquid,NOS,NA E
3082,PG III(Aluminum Sulfate,Solution)
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15. REGULATORY INFORMATION
INVENTORY INFORMATION
US TSCA This product is manufactured in compliance with all provisions
of the Toxic Substances Control Act,15 U.S.C.
OTHER ENVIRONMENTAL
INFORMATION The following components are defined as toxic chemicals subject
to reporting requirements of Section 313 of Title III and of 40
CFR 372 or subject to other EPA regulations.
COMPONENT CAS.NO. % TPQ(LBS) RQ(LBS) S313 RCRA TSCA 12B
Aluminum Sulfate 010043-01-3 >50 NONE 5000 NO NONE 3
PRODUCT CLASSIFICATION UNDER SECTION 311 OF SARA Q
16. OTHER INFORMATION '
Meets American Water Works Association standards AWWA B403-88
NSF Certified O
Standard 60 Health Effects
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Maximum Use For Potable Water 150Mg/L L
NFPA HAZARD RATING(National Fire Protection Association) H
Fire FIRE:Materials that will not bum. E
Health 1 HEALTH:Materials on which exposure would cause irritation O
but only minor residual injury even if no treatment is given. Q
Reactivity 0 REACTIVITY:Materials which in themselves are normally v
stable even under fire exposure conditions,and which are not 3
reactive with water. C
Special Not for food or drug use unless marked as such Li
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REASON FOR REISSUE:
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Condensed Format 2/22/99 J
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This information is given without any warranty or representation. We do not assume any legal responsibility for
same,nor do we give permission,inducement,or recommendation to practice any patented invention without a M
license. It is offered solely for your consideration,investigation,and verification. B efore using any product,read its
label. J
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PRODUCT SPECIFICATIONS
Standard Grade Alum
Aluminum Sulfate-AL2(SO4)3•(141-12O) 3
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CHARACTERISTIC LIMITS TYPICAL VALUES
1)Appearance Clear,water white to pale Clear,water white to pale a1
green,yellow green,or red green,yellow green or red E
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2)Specific Gravity @ 60 deg.F 1.3182-1.3364 1.333 L
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3)Total A1203%From S.G.Chart 7.92-8.32 8.24 E
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4)Percent Alum @ 17% 46.6%-49.0% 48.5 Y
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5)Total Fe as Fe203(As Is Basis) <2500 ppm Max <2000 ppm
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6)Turbidity,NTU Reasonably clear and will Reasonably clear and will u_
permit the reading of flow permit the reading of flow
measuring devices without measuring devices without J
difficulty difficulty
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7)Lbs Alum per Gallon 5.12-5.45 5.39 M
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Product is NSF Certified and meets AWWA requirements. Z
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Approved: R.L.Chandler,Vice President c
November 06,2000 N
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4.K
PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5600
DATE: September 19, 2023
TO: Kent City Council - Committee of the Whole
SUBJECT: Info Only: 2024 Sub-Regional Opportunity Fund Application
Earthworks Canyon Sediment Pond Culvert Replacement
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, approximately ten percent of the levy collected within each
jurisdiction is granted back to the jurisdiction to be used for stormwater or habitat
projects to reduce flood risks.
The 2024 annual reimbursement to Kent is approximately $213,858 with the final
amount to be determined in November 2023. The City will prepare an application to
use these Sub-Regional Opportunity funds for planning, preliminary design and
scoping to replace drainage culverts at the Earthworks Canyon Sediment Pond.
The project will replace two culverts with a larger and more robust culvert for
improved flood storage, drainage conveyance, and fish passage. Replacement of
these culverts is critical for continued maintenance access to the sediment pond to
reduce flood risk and for continued trail access through Mill Creek Canyon and
Earthworks Park.
Applications for the 2024 Sub-Regional Opportunity Fund are due October 6, 2023.
The Earthworks Canyon Sediment Pond Culvert Replacement project is consistent
with the goals and purposes of the opportunity fund.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
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Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
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