HomeMy WebLinkAboutCity Council Meeting - City Council Meeting - 03/19/2024 ^*4
KENT CITY COUNCIL AGENDA
• Tuesday, March 19, 2024
KENT 7:00 PM
W A 5 H I N G T O N
Chambers
A live broadcast is available on Kent TV21,
www.facebook.com/CityofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting, dial
253-215-8782 or253-205-0468
Enter Meeting ID: 82979108067
Join the meeting
Mayor Dana Ralph
Council President Satwinder Kaur
Councilmember Bill Boyce Councilmember Marli Larimer
Councilmember John Boyd Councilmember Zandria Michaud
Councilmember Brenda Fincher Councilmember Toni Troutner
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COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
i. Employee of the Month
ii. Proclamation for Starla Jane Hindberg-O'Keeffe Day
B. Community Events
C. Public Safety Report
5. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
B. Chief Administrative Officer's Report
C. Councilmembers' Reports
6. PUBLIC HEARING
City Council Meeting City Council Regular Meeting March 19, 2024
7. PUBLIC COMMENT
The Public Comment period is your opportunity to speak to the Council and Mayor on issues
that relate to the city of Kent or to agenda items Council will consider. This is not an open
public forum and comments that do not relate to the business of the city of Kent are not
permitted. Additionally, the state of Washington strictly prohibits people from using this public
comment opportunity for political campaign purposes, including to support or oppose a ballot
measure or any candidate for public office. Speakers may not give political campaign speeches
but must instead speak concerning a matter on the City Council's agenda or matters
concerning the general business of the City of Kent. Further, in providing public comment,
speakers must address the Mayor and Council as a whole; remarks intended to target an
individual on the dais are not permitted. Finally, please note that this public comment
opportunity is for you to provide information to the Mayor and City Council that you would like
us to consider, but we will not be able to answer questions during the meeting itself.
The City Clerk will announce each speaker. When called to speak, please step up to the
podium, state your name and city of residence for the record, and then state your comments.
You will have up to three minutes to provide comment.
Public Comment may be provided orally at the meeting, or submitted in writing, either by
emailing the City Clerk by 4 p.m. on the day of the meeting at CityClerkPkentwa.gov or
delivering the writing to the City Clerk at the meeting. If you will have difficulty attending the
meeting by reason of disability, limited mobility, or any other reason that makes physical
attendance difficult, and need accommodation in order to provide oral comment remotely,
please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or
CityClerkPken twa.go v.
Alternatively, you may email the Mayor and Council at MayorpKentWA.gov and
CityCouncil@KentWA.gov. Emails are not read into the record.
8. CONSENT CALENDAR
A. Approval of Minutes
i. Council Workshop - Workshop Regular Meeting - Mar 5, 2024 5:15 PM
ii. City Council Meeting - City Council Regular Meeting - Mar 5, 2024 7:00
PM
B. Payment of Bills - Approve
C. City of Kent Federal Agenda - Direct Appropriation Requests - Approve
D. 2024-2028 Art Plan - Approve
E. Land and Water Conservation Fund Outdoor Recreation Legacy
Partnership - Resolution - Adopt
F. Consultant Services Agreement with JECB, LLC for Mill Creek at 76th
Avenue South - Authorize
G. Consultant Services Agreement with GeoEngineers, Inc. for Mill Creek at
76th Avenue South - Authorize
H. Grant Acceptance - 2023 National Highway Safety Asset Management
Program - 64th Avenue South & West James Street - Authorize
9. OTHER BUSINESS
City Council Meeting City Council Regular Meeting March 19, 2024
10. BIDS
A. Springwood Park Renovation Project Bid - Award
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
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.
4.A.2
PROCLAMATION
WHEREAS, Starla Jane Hindberg-O'Keeffe was born on March 2nd, 2011 in Spokane,
Washington. She and her siblings later moved to Kent to live their family
members, Ann and Tom O'Keeffe; and
WHEREAS, Starla faced many challenges as a child with FASD, Fetal Alcohol o
Spectrum Disorder, but worked hard to address her weaknesses and r
grow her strengths; and 0)
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WHEREAS, She found joy in going on various outing like the Kent Parks Summer W
Concert Series, Reber Ranch Western Days, visits to the library, 2
Cornucopia Days, and just riding her bike around; and
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WHEREAS, While Starla had a strong passion for music, dance, and reading, she
struggled academically due to her FASD which is just one of many
difficulties children who suffer from the disorder deal with daily; and
a�
WHEREAS, FASD is a lifetime disorder that greatly impacts a child as they mature 0
into adulthood, causing a number of complications both physical and p
mental. FASD and the resulting complications are fully preventable; and a,
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WHEREAS, Starla had an incredible support network surrounding her including
loving siblings, doting family members who took care of her, therapists,
doctors, and various medical specialists. Sadly, Starla passed away on
September 17, 2021; and
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WHEREAS, Her surviving loved ones honor her memory by using her story to bring
awareness to the severity of Fetal Alcohol Spectrum Disorder as well as in
educating the public on the life long effects it has on children and the .0
adults they become; c
0
NOW, THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim March E
2, 2024 as
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Starla Jane Hindberg-O'Keeffe Day o
In Kent Washington and thank the O'Keeffe family for their advocacy and sharing
Starla's story with us. I encourage all Kent residents to support the fight against Fetal E
Alcohol Spectrum Disorder. 0
In witness whereof, I have hereunto set my hand this 19th day of March, 2024.
Mayor Dana Ralph
KENT
WASHINGTON
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of department highlights
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Resources and Economic and Community co
ADMINISTRATION Development Departments. Grants awards =
will be announced in May, 2024. If —
Administration awarded, the City will move forward with
• Staff in Administration is planning to contracting with a vendor to scan the
institute a calendaring system that will records so that the City can upload them E
provide Councilmembers with notice of into Laserfiche, the City's Records ,°
City-related events as well as regional Management System.
events that Council as a whole has been During the Month of February, the City a
invited to. Clerk's Office processed 804 requests for
• The City Council will join the Kent School public records, including
District Board for a joint meeting on March o
reviewing/redacting 5,487 (228 videos) a
26. We plan to discuss exciting news about minutes of body worn camera video.
planning for improvement at and around Y,
Mill Creek Middle School, as well as a few
other joint initiatives.
• The Washington State Bar Association will Customer Service o
be recommending court rule changes to the Stephanie Zamudio Valdez joined the >
Washington Supreme Court to reduce by Customer Service team as an Account 2
two-thirds the number of criminal cases a Representative on March 18. Prior to h
municipal public defender is permitted to joining the City of Kent, Stephanie worked
handle. As applied to municipal public for the Department of Labor and Industries
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defenders, many believe the rule change where she served as an Office
goes too far, and has the potential to Manager/Customer Service Specialist 4.
significantly increase costs for Payroll
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municipalities. More importantly, cities are Congratulations to Aleisha Hart who was
concerned that the rule may paralyze our recently promoted to Senior Financial
criminal justice system. Attorneys Analyst on the Payroll team! Aleisha had ;
throughout the region are working on formerly served as a Central Financial E
responding to the proposed rule change. Analyst in Accounts Payable and has been 0
The City of Kent is fortunate to contract with the City for nine years.
with a law firm with an excellent regional Accounting
track record of providing top-notch services Work is officially under way to complete
to indigent defendants. the 2023 Annual Comprehensive Financial
Clerk's Office Report (ACFR) and required State
• The City Clerk's Office prepared and reporting. Thank you in advance to all
submitted grant applications to the departments for their quick responses to
Secretary of State for converting paper any forthcoming questions!
records to digital for both the Human
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• Part of our work on this year's ACFR Labor Management
includes the implementation of a new • Job description discussion re Police
governmental accounting standard Department
governing how we account for Subscription • LMM items - discuss Corrections BWC with
Based IT Agreements (SBITAs). PD Admin
Preliminary data has been provided to our Review draft BWC policy for Corrections
consultant and the analysis is in progress. staff
• With recent promotions, the Accounts Policy update work
Payable team is working on recruitments Milliman Salary Survey
for two Central Financial Analysts. Workday
Budget • The bi-annual Workday Release is
• The budget group is working on the complete. These updates ensure the City
Adopted 2024 Mid-Biennium Adjustment of Kent has access to new features and
Budget Book and is prepping for kick off of improvements in the latest version of the co
the 2025-2026 Biennial Budget. Workday system.
Tax & Licensing Benefits
• Lorna Ven has recently been promoted to • Policies review ;
Desk Auditor in the Tax Division. Lorna • Working on Teamsters CBA adjustments to 0
worked previously as a Central Financial Personal Holidays - Workday configuration E
Analyst in Accounts Payable and has been . Starting work on KPOA MOU changes ,°
with the City for almost 2 1/2 years. • Working on additional Workday Release
• The majority of the fourth quarter 2023 updates a
B&O Tax returns have been received and Updating Workday Job Aids to include
processed. 2023 Annual returns are due release updates
by April 30, 2024. So far, we've received • Keeping Score 2024 Points Challenge a
over half of those returns. ended March 6th
• The Tax Division is currently recruiting for • Working on upcoming Health Fair and )
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a Desk Auditor. This position's main Biometrics event - scheduled for May 8th
responsibility will be business licensing. • Protected leave audits and case o
management a)
• HR and Wellness team members attending
Wellness Summit N
Recruiting Risk Management •c
• Interviews next week: Risk Management has received the July 1st E
o MW 1-Street Vegetation ,
o Central Financial Analyst (phone renewal application for the City s Property,
Crime & Fidelity & Drone insurance policies.
screens) The renewal application is due April 5th.
o MW 2-Park Operations You will receive an email from Risk
• Reference checks being conducted for: °
o Fleet Mechanic 2 Management if your department is involved cc
• Job changes:
in this renewal application process. U
o Jessie Orr moving from Permit Process Improvement
We are looking forward to our first All E
Technician TLT to regular Permit Hands Meeting of the year this month, c i
Technician where we learn more about the work we
o Daniel Connor being promoted from MW are doing as an organization.
2 to MW 3 in Street Maintenance Department Updates
o Stephanie King has been promoted to HR is beginning to discuss acity-wide
Recruiting Manager! Development Plan. This will enable us to
• Offers being made for: assist in the growth of our staff and
o Custodial Lead prepare for future openings within the
o Accounting Technician (Facilities) organization. To that end, we are working
o MW 3-Street Vegetation on building a formal partnership with the
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local university Western Governor's Covered 66 court calendars in February,
University, to open up the opportunities for which included 1,747 cases scheduled for
staff to pursue higher education and hearing, spread across 1,111 defendants.
growth of their skillsets. Of those, 588 cases were for 263
• HR is working with Multimedia on updating
the Careers page. Departments have defendants who were held in-custody. Of
contributed content, which will aid in the the remaining 848 defendants who were
refresh of this important resource for required to appear in court on an out-of-
recruits. custody basis, 169 of them failed to appear
(a 20% failure to appear rate).
• In preparation for the March jury term,
Information Technology Projects prosecution prepared 84 cases for jury
• Tiburon Replacement RMS - To replace the trial, spread across 74 defendants. coon
Police Department's end of life criminal Preparing these cases for trial required c
record management system, Tiburon, with prosecution to contact 153 civilian
a scalable solution that will integrate with witnesses, conduct interviews, and review ;
other department systems for centralized o
management and secure/encrypted data all evidence associated with each case. As L)
share. The solution will streamline the part of this process, prosecutors reviewed c
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current PD system landscape resulting in body cam footage that totals over 154 y
more efficient, accurate tracking of records hours in length, which is over 19 days of a
and maintenance contract savings in work for a single full-time employee.
addition to aligning with citywide Advised Parks staff regarding acceptance of
initiatives. V_additional King County Veterans, Seniors, a
• Municipal Court A/V Refresh - To connect and Human Services Levy funds to support
all the workspaces within each of the City social engagement programming at the L
of Kent s Municipal courtrooms using Kent Senior Activity Center.
purpose-built audio visual (A/V) technology • Finalized the purchase of 308 W. Meeker o
to enhance communication, collaboration Street, located in downtown Kent on the a)
and digital information sharing capabilities. >
The technology enhancements will fully corner of 2nd Avenue and Meeker Street, 2
integrate with a parallel project to for additional park space. N
significantly modernize the accessibility • Helped Parks Facilities finalize a contract
and ergonomics of each courtroom with Bayley Construction for construction of a
sponsored by the Parks-Facilities the Kent East Hill Operations Center.
department. • Prepared for and presented on the topic of
Information Technology operational support E
for March 3, 2024, to March 12, 2024 Code Enforcement at Council Workshop.
• Number of tickets opened - 137 Researched property records to support M
• Number of tickets closed - 283 code enforcement efforts.
• Met with staff from the Finance E
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Department, Economic and Community U
• Received a total of 197 cases from the Development, and the Police Department
Police Department to review and assess for to discuss various tools and options for
the filing of criminal charges during the business license enforcement.
month of February. Of those cases, 78 • Reviewed and revised a search warrant
were for in-custody defendants which affidavit for a chronic criminal nuisance
necessitated rush filing the next business property on the East Hill of Kent.
day after arrest. • Advised Police Department command staff
on contracts related to various police and
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jail equipment and services including a jail A 91% capacity crowd attended the
staffing study, firearms and firearm concert.
accessories, mental health counseling for Kent Kids' Arts Day returned to the Kent
officers involved in critical incidents, jail Commons on Saturday, March 9. A total of
work release program performing work at approximately 1,000 attended, including
278 paid admissions, 20 free voucher
Tahoma National Cemetery, the use of the admissions, 100+ performers who receive
statewide jail booking and reporting system free admission, and all the associated
and victim information and notification parents/guardians/caregivers. Kids and
system, and forensic evidence software. parents enjoyed hands on projects ranging
• Reviewed and produced records in from Sumi painting and paper gliders to
response to several subpoena duces bean bag sewing and poetry writing. The
tecums issued in various King County art projects were led by professional artists
and supported by over 30 volunteers. Five
Superior Court criminal cases. youth performing groups presented music =
• Met with opposing counsel, outside and dance from the stage.
counsel, and officers from the Police Artist Sophia Hatzikos installed her ;
Department's Neighborhood Response sculpture "Lift, Coil, Zip" on February 26. It 0
Team on site at the location of a chronic joins Matt Babcock's sculpture, "Blue E
Spoonbill" as part of the Willis Street ,°
criminal nuisance property that is the Greenways Sculpture Exhibition. Online
subject of pending litigation. "People's Choice" voting is live and will be a
• Assisted the Clerk's Office with the promoted on social media.
coordination and processing of large public The jury working to select an artist or artist
records requests. team to participate on the design team for Q.
• Assisted the HR Department with a number East Hill North Community Park narrowed
of sensitive employment and labor related the field of 34 applications down to 13 )
matters. semi-finalists. The panel will gather in
• Advised City departments on several person on Thursday, March 14 to continue o
procurement and contract matters related the selection process. d
to various ongoing projects. A record number of 21 schools will
• Assisted outside counsel on a number of participate in the 2024 Student Art Exhibit N
cases currently in litigation. from March 11 through 31. The artwork of 'c
• Worked with staff to acquire the property 578 Kent School District students will be E
rights necessary to complete various displayed in businesses throughout historic w
projects throughout the City. downtown and Kent Station. EightyPARKS, RECREATION, AND
artworks by students from Kent-Meridian U
High School will be on display the
9 P Y 2
Centennial Gallery.COMMUNITY SERVICES W
Recreation and Cultural Services Applications are open for the 2024 Kent 3
pp Summer Art Exhibit with a deadline of
• A sold-out crowd of 359eole came out March 13 2024. Washington state-based E
for Live from Laurel Canyon's "James & o
Joni: Their Stories, Their Songs" on Friday, artists are encouraged to submit prints, U
February 23. The multimedia show photographs, paintings, works on paper
featured songs, stories, and projections and other two-dimensional artworks. The
celebrating two American singer/songwriter exhibition will be on display from June 5th
icons. through August 22, 2024 in the Centennial
• Trailblazing Women of Country - From Center Gallery and adjacent conference
Patsy to Loretta to Dolly wrapped up the rooms.
23-24 Spotlight Series on Friday, March 1.
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Staff Changes belongings by a suspect who fled in her
• Joe Irwin passed probation, 3/1/24 car.
• Sarah Hoffmann did not pass probation, On March 1, patrol responded to a fire
3/7/24 assist at 22125 124th Ave SE. A
Events and Awards quadriplegic individual was found in need
• Officer David Ghaderi, Chief's Award of of medical attention due to neglect by their
Exceptional Duty, 3/4/24 caregiver.
• Officer Anthony Blackwell, Chief's Award of On March 2, around 7:31 PM, patrol
Exceptional Duty, 3/4/24 responded to an armed robbery at
• Officer Daniel Bartolo, Chief's Award of Safeway, 210 Washington Ave S. The
Exceptional Duty, 3/4/24 victim was robbed of her purse by an
• Officer Anthony Stanfill, City of Kent Police armed suspect who fled in a vehicle.
Department Life Saving Award, 3/4/24 • On March 2, Flock was used to locate a a
• Officer Jia Wong, Chief's Award for Life carjacked vehicle. Despite a pursuit, the
Saving, 3/4/24 suspects were not apprehended.
Significant crime activities/ On March 5, at 20036 103 PL SE, an Officer
arrests /investigations was dispatched to an unoccupied stolen ;
• On February 26, at approximately 1:46 AM, vehicle. Upon arrival, he discovered a L)
patrol responded to a burglary at Soos second stolen vehicle occupied with the E
Creek Elementary. Upon arrival, they engine running. Officers blocked the ,°
discovered a broken window on the south vehicle in. When the driver woke up, he
side of the school. Despite calling out to attempted to flee, the suspect then a
the intruder, who was observed inside on surrendered and was taken into custody.
security cameras, there was no response. On March 5, Officers responded to a
The suspect attempted to flee on foot but robbery with a knife at the Dollar Tree a
was apprehended by officers shortly after located at 232/PHS. The officer established
that, with stolen property from the school probable cause, and Officers located the )
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in their possession. suspect nearby with another female. The
• On February 26, around 1:05 PM, patrol suspect fled onto the I-5 NB on-ramps but o
responded to a shooting at 13000 SE Kent was apprehended by Officers.
Kangley. The victims, including an off-duty On March 5, Officers were dispatched to an
deputy, reported an unknown male in-progress commercial burglary at NW Tri N
pointing a rifle at them as they were & Bike. The suspect was arrested after
unloading items behind a restaurant. They attempting to flee. E
fled on foot upon hearing gunshots. On March 7, at approximately 7:45 PM, w
• On February 26, at about 7:42 PM, patrol Patrol responded to an incident near Valley
responded to a verbal domestic at Midtown Mobile Manor at 856 Central Ave S. A
64 Apartments. Although no probable female reported being assaulted by c
cause was established, a male involved had suspects who fled southbound on foot. W
outstanding warrants and fled from officers Officers found the victim and determined •2
in a vehicle. A subsequent collision the incident occurred on a Metro Bus that '
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occurred, but no occupants were found. stopped at the location. During the E
• On February 27, around 6:53 AM, patrol investigation, a resident reported a U
responded to Central Flats Apartments for suspicious individual hiding nearby. A
a missing three-year-old. After an suspect matching the description was
extensive search involving patrol and detained and identified as the Assault 2
detectives, another individual found the suspect. Another suspect interfered with
child unharmed. the arrest and was also detained on
• On February 28, around 2:40 PM, patrol misdemeanor charges.
responded to an armed robbery at 11400 On March 5th, at around 4:07 AM, police
SE 219th PI. The victim reported being responded to a situation where a suspect
threatened with a gun and robbed of her armed with a sword prevented a family
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member from leaving a house. SWAT Environmental
eventually persuaded the suspect to Site Clean-up (Mayor's Homeless Task
surrender. force/On-Call Garbage Contract/State
• On March 5th, officers tracked a stolen car Ramp Litter Clean-Up): The City will
to a Safeway parking lot. The suspect advertise the right-of-way clean-up project
attempted to flee, collided with a vehicle, as well. Advertisement of both request for
and then tried to carjack another vehicle proposal tentatively scheduled for March 21
before being apprehended. and 28, with proposals due April 4. Staff
• On March 7th, at around 7:45 PM, police continue working with Totem Logistics to
responded to a stabbing report on a bus. cleanup multiple city-owned
The suspect verbally harassed the victim properties/ROWS and state-owned ramps.
and then attempted to stab her. The Locations and priority areas have been
suspect was later arrested. identified and being discussed. a
• On March 9th, at around 10:20 AM, police Solid Waste Management Outreach: co
responded to reports of shots fired at Hazardous Waste Management Program =
Grandview Apartments. A masked (HWMP): Worked with KC Haz Waste
individual was seen firing a handgun, but Communications team to get information ;
no arrests were made initially. for Kent's Social Media Boost to Kent, 0
• On March 10th, at around 2:46 PM, police Auburn, and Federal Way residents in E
responded to reports of a drive-by shooting March. Content will focus on the newly ,°
at Cascade Apartments. Several vehicles released traveling Wastemobile Schedule
and apartments were struck, but no and Auburn's Wastemobile site. Updating a
injuries were reported. signage on garbage, recycle, organics for
• On March 11th, at around 10:50 PM, police city's offices to educate staff on proper
responded to a report of indecent exposure solid waste management. Coordinating a
at the Allegro. The suspect, with multiple with city departments about compliance
priors and warrants, was arrested without with the new organics management law )
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issue. and associated reporting requirements on
compost use on projects. o
PUBLIC WORKS Recycling Events: First mini event is at the
Kent Library on April 19 from 1 - 4 p.m. as M
Survey part of"Earth Day". N
• Survey Field staff are staking waterline Habitat Area A (Lower Russell Levee): A •c
easements, design mapping for Green feasibility and alternatives study is being E
River Natural Resources Area (GRNRA) and conducted by Herrera. w
providing topographical mapping of the Boeing Rock Habitat Enhancement: °'
Huse Property for the Parks Department. Finalizing grant agreement for the King
• Survey Professional staff are supporting County Parks Levy-Open Space funding for c
the FEMA CRS Activity 440 BMM this project. Contract with Herrera for
Certification and right of way on all current conducting feasibility study and preliminary
capital projects. 3
are sup
porting:ppg designs to be presented to the COW on
• GIS staff GIS Laserfiche E April 2 (tentative). RCO grant agreement
linkages, See Click Fix GIS data update, routed to Mayor's office for signature. Staff US
parcel monthly update from King County, responding to RCO's questions.
troubleshooting field maps with staff using Vacant Environmental Specialist Position:
Trimble GNSS (Global Navigation Satellite The vacant Environmental Specialist
System) receivers and the Sidewalk zone Position was posted on March 7 and will be
map for Cityworks planning. sing on March 21.
• GIS Supervisor is actively engaged with IT Designclosing o
& PW Operations on Cityworks GIS Portal Linda Heights: Working to Advertise on
Single Sign On and the ESRI system re- 3/19 for 3 weeks.
architecture.
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• Reith Road - Vicinity S 253rd ST to SR 516: with WDFW underway - expected to close
Project Advertised on 3/5/24 with bid on Mar 21.
opening scheduled for 3/26/24. Review of S 224th St - Phase 3 East/Stage 2:
traffic control plans received is on-going Initiated contact with property owners
with a revision necessary to WSDOT, will along corridor to seek right of entry to
be issued by Addendum gather site data for design.
• 2024 Pavement Preservation (Overlay): Construction
Adding work on 132nd between 228th and Rectangular Rapid Flashing Beacon 108th
240th and postponing some road segments Ave SE and SE 264th St Compact
to future project based on funding Roundabout: Contractor working on Traffic
availability (working on 132nd cost Control plan for internal roundabout
estimate to determine scope to move). TIB construction. Desire is to complete as much
Funding application submitted for 132nd work on internal roundabout week of KSD a
work. An additional review including work Spring Break 4/8 - 12. That is current co
along 132nd was distributed for review and target.
was due on 3/8. Ad Date of 3/26/24 84th Ave S (East Valley Highway) -
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currently proposed. Preservation - S 212th St to S 196th St: ;
• 2024 Water Main: 60% design review Project has been suspended until April U
distributed for review and due on 3/12. 2024. Working to set up meeting for E
King County Metro project along Smith/etc. resuming construction toward late March. ,°
starting construction in approximately early Mill Creek / 76th Avenue S Culvert
2025, need to have Smith work completed Improvements: The Preconstruction a
by then. Meeting is scheduled for Tuesday, March
• 74th and Willis Intersection Improvements: 26. Lumen continues on-site drilling.
Design restarting in mid-March. 90% Taking longer than expected, but progress Q.
needed to send to Olympic Pipeline and being made. PSE gas crews continue
WSDOT for review. working on relocated gas main connections N
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• West Hill Booster Pump Station: Contracts this week.
signed and notice to proceed was issued Streets o
last week. Street Maintenance crews prepared, a)
• Green River Bridge Painting and Deck poured, stripped forms and backfilled
Repair: Advertised Mar 12. Bid opening sidewalks on 64th Ave S between S 216th N
scheduled for Apr 2. St and S 212th St, mitigated sidewalks at
• S. 224th St - Phase 3 West/Stage 1: 100 Central Ave N and at Reith Rd west of E
Right-of-Way certification received Feb 29. Lake Fenwick, unloaded the plows and w
Obligation package for construction funds sanders, and cleaned sidewalks on S 228th °'
to be submitted early Mar. Continuing work St between zlseside Blvd and Russell Rd, S u
on traffic control plans. Continued 228th St between 2nd Ave N and 83rd Ave c
coordination with utility companies for S, 100th Ave SE between SE 228th Ct and
relocations. SE 226th St, and Kent Kangley Rd between •2
• MMoM - 64th & Meeker and Kent S 228th St and S 212th St.
Elementary Frontage: NEPA approved by Signs and Markings crews installed bases c
WSDOT and Public Interest Finding (PIF) to and signs at 108th Ave SE and SE 224th U
receive approval to advertise the two St, installed signs at Russell Rd and S
projects together submitted. 90% review 228th St, replaced signs for the retro-
comments are being addressed. reflectivity program on 116th Ave SE,
• 2024 - Mill Creek Reestablishment: 80% south of SE 224th St, installed bases for
review comments received and are getting the retro-reflectivity program on SE 221st
addressed. Coordinating with utilities to PI, west of 132nd Ave SE, and performed
include information in the contract to sign maintenance at the East Hill, West
minimize disruptions to residents. HPA Hill, and Valley South locations.
documents submitted and conversations
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• Solid Waste staff cleaned up debris along 44th PI, and Storm line inspections at
104th Ave SE from SE 240th St to SE 124th St SE and SE 256th St.
208th St and performed hot spot Source, Supply and Pumpstations
inspections and graffiti removal at various Source and Supply staff cleaned and
locations Citywide. installed potassium permanganate tanks,
• Water Vegetation crews cleaned up leaves pump and mixer, and cleaned out filter #2
and debris at the Kent Springs, to replace new underdrain at the 212th
Pumpstation #5, Armstrong Springs, and Treatment Plant, installed a new sign for
the West Hill sites, pruned trees and the West Hill tank, replaced 8" OS and Y
shrubs at the Guiberson Corrosion Tank, gate valve for pump #2 and install new
removed a tree at Pumpstation #5 and at S caustic injector valve at Pumpstation #5,
218th St Corridor, and assisted Street run well #2 at Clark Springs, performed
Vegetation crew with the James Hill clean Pressure Reducing Valve (PRV) inspections, a
up. and perform disinfection byproducts CO
• Street Vegetation staff removed litter, sampling and monthly well head sampling. a
weeds, debris, and performed pesticide SCADA staff to focus on the SCADA —
U
treatment on W James St from Central Ave upgrade and project, worked on planning ;
S to 102nd Ave S (James Hill) and and delivering radios with install, and 0
removed a tree on S 252nd St and 29th prepared Tacoma water order at 1 MGD. E
Ave S. Pumpstation crews installed the wet wizard 0
• The Sidearm mower crews assisted the at the Horseshoe sewer pumpstation,
Street Vegetation crews with the James Hill installed LED lights at the Horseshoe storm a
clean up. water pumpstation, mounted a breaker box
• Wetland Mitigation crews planted and for the Wet Willy bubbler system at the
removed weeds at Alvin's Pond, cleaned up Lindental sewer pumpstation, removed and Q.
debris and line trim at the Leber site, repurposed the Skyline pump parts,
removed blackberries at East Clark contractor replaced 81st Ave storm )
L
Springs, sprayed poison hemlock at the pumpstation gate for planned
Eagle Tree and Frager Rd Cottonwood improvements, and performed wet well o
(weather permitting), transplanted at the pumping and cleaning at pumpstation >
Green River Natural Resource Area checks at various locations Citywide.
(GRNRA) and at the Downey site (weather Storm Drainage/Vegetation N
and water level depending). • Storm crews re-established ditch at 13639 'c
Water/Sewer SE 282nd St, potholing for utilities and E
• Water Distribution crew have continued to reestablished ditch at 8008 S 222nd St, w
work on completing the 10" and 12" water flagging and catch basin changeout at
main tie-ins and cleanup for the future 24530 Russell Rd, and drainage U
KEHOC building site. Crews worked to improvements at 520 Bridges Ave S. Crews c
complete the required water service line also performed National Pollutant
inventory for the Lead and Copper rule for Discharge Elimination System (NPDES)
the Washington State Health Department, pumping at SE 256th St and 106th Ave SE, '
E
they have 630 left to inspect out of 1073 104th Ave SE and SE 248th St, 132nd Ave c
services inspections. Hydrant crews SE at SE 240th St, SE 224th St, SE 234th u
operated and performed maintenance on St and SE 228th Pl, 108th Ave SE at SE
all hydrants in the valley floor area. Also, 208th St and SE 272nd St, and inspections
the crews have set new water meters for at Kent Kangley at 108th Ave SE, 111th
the Permit center. Ave SE and 116th Ave SE, 114th Ave SE
• Sewer staff have been cleaning in the area and SE 265th St and at 116th Ave SE and
of SE 225th St and 110th St and also 42nd SE 269th St, and NPDES repairs at various
Ave, south of S 216th St. Staff have locations Citywide.
performed CCTV inspections on 221st and Wetland Maintenance crews repaired fence
at Red Barn/GRNRA at 22305 Russell Rd
Page 8 of 9
Packet Pg. 12
5.B
and Johnson Creek at 4611 S 215th PI,
mowed peninsula and bird box installation
at GRNRA on 22306 Russell Rd, and
removed trees at Morgan's Place at 23075
98th Ave S, Linda Heights at 23009 127th
Ave SE, and at Meridian Glen Division #1
at 13612 S 272nd Ct.
• Holding Pond crews performed tree
removals at Matheson Park A at 13050 SE
222nd PI, and at West Creek Meadows at
21725 116th Ave SE, cleaned up
encampment at Pac Hwy Pond at 26128
21st Ct S, Linda Heights Pump station at a
3406 S 248th St, Victoria Ridge Pump CO
station at 4815 S 272nd PI, James St Pump
station at 501 E James St, lake Fenwick —
U
Pump station at 26015 Lake Fenwick Rd,
Frager Pump station at 21233 Frager Rd, L)
Kentview Pump station at 22271 Frager Rd, E
and at the 64th Ave Pump station on 64th °
Ave S and W James St.
Fleet/Warehouse °
a
• The Warehouse crew have continued to
assist with CDL training, maintained the
shops yard, keeping it clean and free of a
litter and debris, cleaned and maintained
the wash rack, washed, and vacuumed )
L
motor pool vehicles, issued Personal
Protection Equipment (PPE) and motor pool o
vehicles to staff and hydrant meters to >
contractors, repaired small equipment as
needed, received parts and inventory N
orders, prepped for the recycle event at c
Hogan Park on 3/2, hauled spoils as time E
and equipment were available and w
inventoried the small attractive assets. °'
• Fleet staff performed air brake inspections, U
ordered parts for set up of new vehicles, c
set up new equipment, built new vehicles, W
scheduled multiple Ford recalls, sent 6
vehicles to auction and prepared more to
go soon, had new vehicle at upfitter in c
Lakewood, worked with vendor to correct U
fuel island issues and worked on scheduled
and non-scheduled maintenance repairs.
Page 9 of 9
Packet Pg. 13
8.A.1
Pending Approval
City Council Workshop
• Workshop Regular Meeting
KENT Minutes
WAS M IN G 7 0 N
March 5, 2024
Date: March 5, 2024
Time: 5:15 p.m.
Place: Chambers
I. CALL TO ORDER
Council President Kaur called the meeting to order. a
Attendee Name Title Status Arrived
Satwinder Kaur Council President Present c
Bill Boyce Councilmember Excused
John Boyd Councilmember Present
0
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Brenda Fincher Councilmember Present a
Marli Larimer Councilmember Excused a
Zandria Michaud Councilmember Present
LO
Toni Troutner Councilmember Present
Ln
II. PRESENTATIONS o
1 Code Enforcement Law Department 75 MIN. `''
Code Enforcement
Building Services
0
Senior Assistant City Attorney Victoria Robben provided an overview of the
work of the City's Code Enforcement.
Many departments in the City enforce the Kent City Code:
Finance - Business License Enforcement
0.
Public Works - Environmental Engineering
ECD - Building Inspections / Planning / Permit Process / RHIP a
Fire - Fire Inspections
PD - Complaint-based violations / Public Nuisances / Quality of life
All supported by Law
Robben provided a high-level overview of the code enforcement process,
from complaint to resolution. Robben advised that the City cannot enter
private property without consent or a warrant.
Code Enforcement Officer Tabitha Solari, Commander O'Reilly, and Code
Enforcement Officer Lane Farr presented information on:
How the investigation is initiated
Constitutional Restrictions
How the Initial Investigation is conducted
Packet Pg. 14
8.A.1
City Council Workshop Workshop Regular March 5, 2024
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
• How site inspections are conducted
• When a case number is generated or complaint rejected
When admonishment letters or infractions for repeat violation are issued
The Hearing Examiner process
Repeat Violators
Commander O'Reilly talked about what happens when a code enforcement
matter is referred to the Kent Police Department's Neighborhood Response
Team.
a�
Criminal Charges are reserved for the most egregious violations. c
Often, though not always, a uniformed officer contacting violator has a
4-
positive impact
Jail and/or criminal record can be motivation needed to clean up property o
L
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Removal of unauthorized persons Q
Upon the receipt of a declaration signed under penalty of perjury, a peace
officer shall have the authority to remove the persons from the premises, LO
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with or without arrest or order the person to remain off the premises or be
subject to arrest for criminal trespass.
N
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Chronic Criminal Nuisance "'
Is when there are three or more instances of criminal conduct occurs within a `6
one year period and committed by the person who owns, occupies, leases, or 2
rents the property, or who is an invitee, licensee, or guest of the person who 0
owns, occupies, leases or rents the premises. a
Filing Criminal Charges Doesn't always solve the problem
Challenges include:
Failure to appear in court results in warrant, which can remain outstanding
for a long period of time
Communication with the property owner stops until lawyer retained
Conveying importance of code enforcement cases and their impact on the N
community court in bail and sentencing recommendations 2
Even if owner pleads guilty or is found guilty at trial, City's ultimate goal is =_
compliance not conviction.
Superior Court Abatement
Robben detailed Ch. 35.80 RCW - Unfit Dwellings, Buildings & Structures
code.
Can declare a building as dangerous - lengthy process
Process is good - after going through process and they did not demolish, City
can then go to court and ask for warrant for city to demolish
Can then file a lien with equal rank with state and local taxes.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 3 Packet Pg. 15
8.A.1
City Council Workshop Workshop Regular March 5, 2024
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
Zombie Properties
Residence vacated by owner during foreclosure process or owner is deceased
Bank/lender fails to complete foreclosure process, doesn't take possession
Nobody maintains property
Becomes an attractive nuisance for transients
Eyesore and headache for neighbors
City/police can't enter property without consent or warrant
Ch. 7.100 RCW - Foreclosure and Abandonment of Residential Real Property -
Vj
Nuisance Abatement
Puts banks on notice c
Applies to residential properties
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Code enforcement officer duties were detailed °
If mortgage services fails to abate nuisance, City may abate and recover o
associated costs. a
a
Q
Solari talked about the process when last owner is deceased.
LO
Public Nuisance Abatement - Ch. 7.48 RCW
A public nuisance is one which affects equally the rights of an entire
community or neighborhood, although the extent of the damage may be o
unequal. N
Incredibly document/time/resource intensive
Goal is to obtain a court order which requires owner to abate
Police, Law, and other departments work together to build the case c
Retaining outside counsel may be necessary a
Results take time
Solari provided details on recent successful code enforcement cases and
talked about staff's time commitment and how it varies depending on the r
type of case.
O'Reilly talked about the resources the City makes available to those N
individuals that do not have the financial resources to correct the situation.
c
Robben and O'Reilly advised the goal is compliance rather than to penalize.
Meeting ended at 6:26 p.m.
K i,v r Le,y A. Ko-wwto-
City Clerk
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 3 Packet Pg. 16
8.A.2
Pending Approval
Kent City Council
• City Council Regular Meeting
KENT Minutes
WAS M IN G 7 0 N
March 5, 2024
Date: March 5, 2024
Time: 7:00 p.m.
Place: Chambers
1. CALL TO ORDER/FLAG SALUTE
Mayor Ralph called the meeting to order.
2. ROLL CALL
Attendee Name itle Status Arrived c
Dana Ralph Mayor Present c
Satwinder Kaur Council President Present Q.
Bill Boyce Councilmember Excused a
John Boyd Councilmember Present
Brenda Fincher Councilmember Present a
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Marli Larimer Councilmember Excused
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Toni Troutner Councilmember Present N
Zandria Michaud Councilmember Present N
3. AGENDA APPROVAL
A. I move to approve the agenda as presented. o
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RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Satwinder Kaur, Council President
SECONDER: Toni Troutner, Councilmember
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AYES: Kaur, Boyd, Fincher, Troutner, Michaud
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4. PUBLIC COMMUNICATIONS a
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A. Public Recognition
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B. Community Events
Council President Kaur announced upcoming events at the accesso ShoWare
Center. Visit accessoshowarecenter.com for ticketing information
Fincher announced upcoming Arts Commission events.
5. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
Mayor Ralph serves on the Sound Cities Association Board that recently
Packet Pg. 17
8.A.2
Kent City Council City Council Regular Meeting March 5, 2024
Minutes Kent, Washington
discussed the 38 member cities (with the exception of Seattle) to provide
feedback to the legislature.
Mayor Ralph participated on the Puget Sound Regional Council panel of
seasoned elected officials from the region speaking to newly elected councils
across the four county region.
Mayor Ralph extended an invitation to the public to join her seventh State of
the City Business Edition at the Kent Chamber luncheon March 7t" at 11 a.m.
at the accesso ShoWare Center in addition to the March 21s' State of the City
to be held at the Kent Meridian Performing Arts Center. ;
c
B. Chief Administrative Officer's Report
4-
Chief Administrative Officer Pat Fitzpatrick advised the Legislative Session °
will end on March 7t". Fitzpatrick thanked the staff for all of their hard work o
responding to information and requests from legislators. The City's lobbyist, 0.
a
Briahna Murray will present a report during the April 161" Workshop. Q
Fitzpatrick advised the Council will hold a retreat on Friday, April 3rd and the o
agenda is being drafted at this time. Jim Reid will facilitate and the location is
yet to be determined. N
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C. Councilmembers' Reports N
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Council President Kaur provided an overview of the Operations Committee of
the Whole agenda item relating to the Appropriation of Funds for the Federal 4-
Agenda.
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Council President Kaur provided an overview of the Code Enforcement
presentation from today's Council workshop.
a�
Councilmember Troutner provided information on the Public Safety item on r
today's Committee of the Whole agenda relating to the Adamson Police
Products agreement. Q
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Troutner serves on the Regional Transit Committee that recently approved
the Work Plan for 2024.
Troutner serves as the Vice Chair of the Puget Sound Regional Fire Authority
and provided an overview of all agenda items from the recent meeting.
Councilmember Michaud serves on the Regional Law, Safety and Justice
Committee that received an update on the "Survivor's FIRST" program that
facilitates information and resources for survivors of trauma. This program is
in partnership between the YWCA and King County Prosecuting Attorney's
Office.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 6 Packet Pg. 18
8.A.2
Kent City Council City Council Regular Meeting March 5, 2024
Minutes Kent, Washington
Michaud attended the Sound Cities Association Lunch and Learn regarding
the care and closure plan for the thee youth detention centers in Seattle.
Michaud serves on the Washington Tree Equity Collaborative Steering
Committee that discussed roles and outreach.
Michaud provided a recap on the two Parks items on today's Committee of
the Whole agenda.
Councilmember Fincher serves on the Arts Commission and advised eight
more traffic controller boxes are being installed. ;
c
Fincher provided an overview of the three Public Works items from today's -
Committee of the Whole.
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6. PUBLIC HEARING a
None Q
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7. PUBLIC COMMENT c
Cindy Hetherington, a resident of Harrison House Senior apartments provided
public comment on public safety at the apartments. o
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Prem Subedi, a Kent resident requested an accommodation for the City Clerk
Kim Komoto to read his public comment regarding pedestrian safety a
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throughout the City. 0
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8. CONSENT CALENDAR c
I move to approve Consent items A - I.
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RESULT: APPROVED [UNANIMOUS] r
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MOVER: Satwinder Kaur, Council President
SECONDER: Toni Troutner, Councilmember Q
AYES: Kaur, Boyd, Fincher, Troutner, Michaud r
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A. Approval of Minutes
i. Council Workshop - Workshop Regular Meeting - Feb 20, 2024 5:15 PM
ii. City Council Meeting - City Council Regular Meeting - Feb 20, 2024 7:00
PM
B. Payment of Bills - Approve
MOTION: I move to approve the payment of bills received
through 2/15/24 and paid on 2/15/24 and approve the checks
issued for payroll 2/1/24 - 2/15/24 and paid on 2/20/24, all
authorized by the Committee of the Whole on 2/20/24.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 6 Packet Pg. 19
8.A.2
Kent City Council City Council Regular Meeting March 5, 2024
Minutes Kent, Washington
C. Excused Absence for Councilmember Larimer - Approve
MOTION: I move to approve an excused absence for
Councilmember Larimer for the meeting of March 5, 2024.
D. Excused Absence for Councilmember Boyce - Approve
MOTION: I move to approve an excused absence for
Councilmember Boyce for the meeting of March 5, 2024.
E. Accept the Salt Air Vista Park Renovation Project as Complete -
Authorize
MOTION: I move to authorize the Mayor to accept the Salt Air
Vista Park Renovation project as complete, and to release the g
retainage bond to L.W. Sundstrom, Inc. upon receipt of o
standard releases from the state and the release of any liens.
F. Agreemment with MacLeod Reckord, PLLC. for North Meridian a
Park Conceptual Plan - Authorize Q
MOTION: I move to authorize the Mayor to sign a Consultant a
Services Agreement with MacLeod Reckord, PLLC. subject to 0
final terms acceptable to the Parks Director and City Attorney. ti
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G. Agreement with AHBL, Inc. for Campus Park Planning and o
Design- Authorize "'
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MOTION: I move to authorize the Mayor to sign a Consultant
Services Agreement with AHBL, Inc. subject to final terms -
acceptable to the Parks Director and City Attorney.
as
H. Ordinance Authorizing Condemnation - Mill Creek
Reestablishment Project - Adopt
MOTION: I move to adopt Ordinance No. 4486, authorizing the
condemnation of property rights necessary to construct the Mill 2
Creek Reestablishment Project - Kent Memorial Park Reach.
I. Agreement with Adamson Police Products - Authorize Q
a�
MOTION: I move to authorize the Mayor to sign an agreement
with Adamson Police Products to purchase police equipment
through March 15, 2026, within budgets previously approved
and established by Council and subject to final terms
acceptable to the City Attorney and Police Chief.
9. OTHER BUSINESS
None.
10. BIDS
A. Kent East Hill Operations Center Bid - Award
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 4 of 6 Packet Pg. 20
8.A.2
Kent City Council City Council Regular Meeting March 5, 2024
Minutes Kent, Washington
Facilities Superintendent Will Moore presented information on the bid for the
Kent East Hill Operations Center and recommended awarding to Bayley
Construction L.P. and advised the funding strategy still needs to be worked
out.
Michaud expressed appreciation of all of Moore's work.
Mayor Ralph expressed appreciation of this project moving forward so that
staff will have a facility to do their job.
Moore acknowledged the partnerships with Public Works and Police.
c
MOTION: I move to award the Kent East Hill Operations Center
Warehouse and Office Building Project to Bayley Construction 0
LP and authorize the Mayor to sign all necessary documents,
subject to final terms acceptable to the City Attorney and Parks 0
Director.
Q
RESULT: MOTION PASSES [UNANIMOUS] a
MOVER: Zandria Michaud, Councilmember c
SECONDER: John Boyd, Councilmember
AYES: Kaur, Boyd, Fincher, Troutner, Michaud N
L
B. Paint Line Striping and Raised Pavement Marking Replacement
Project Bid - Award 4-
0
Public Works Director Chad Bieren provided an overview of the 2024 Paint
Line Striping Project bid and recommended awarding to Specialized
Pavement Marking. g
MOTION: I move to award the 2024 Paint Line Striping and
Raised Pavement Marking Replacement Project to Specialized 2
Pavement Marking, LLC. in the amount of $449,075 and
authorize the Mayor to sign all necessary documents, subject to Q
final terms acceptable to the City Attorney and Public Works
Director.
c
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Kaur, Boyd, Fincher, Troutner, Michaud
C. 2024 Plastic Markings Project Bid - Award
Bieren provided an overview of the 2024 Plastic Markings Project and
recommended awarding to Specialized Pavement LLC.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 5 of 6 Packet Pg. 21
8.A.2
Kent City Council City Council Regular Meeting March 5, 2024
Minutes Kent, Washington
MOTION: I move to award the 2024 Plastic Markings Project to
Specialized Pavement Marking, LLC in the amount of $299,889
and authorize the Mayor to sign all necessary documents,
subject to final terms acceptable to the City Attorney and
Public Works Director.
RESULT:LTULTU MOTION PASSES [UNANIMOUS]
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Kaur, Boyd, Fincher, Troutner, Michaud
c
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 4-
0
None.
0
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12. ADJOURNMENT a
Q
Mayor Ralph adjourned the meeting.
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Meeting ended at 7:41 p.m. ti
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K&wa-,e,r ey A. Kovwto" N
City Clerk `6
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Page 6 of 6 Packet Pg. 22
8.B
KENT
WASHINGTON
DATE: March 19, 2024
TO: Kent City Council
SUBJECT: Payment of Bills - Approve
MOTION: I move to approve the payment of bills received through 2/29/24
and paid on 2/29/24 and approve the checks issued for payroll 2/16/24 -
2/29/24 and paid on 3/5/24, all audited by the Committee of the Whole
on 3/5/24.
SUMMARY:
Approval of payment of the bills received through: 02/29/24
and paid 02/29/24
Approval of checks issued for Vouchers:
Date Document Numbers Amount
02/29/24 Wire Transfers 10071 10083 $2,299,732.41
02/29/24 Regular Checks 776687 776981 $5,024,352.47
02/29/24 Payment Plus 105772 105800 $174,363.64
Void Checks $0.00
Void Payment Plus ($38,369.85)
02/29/24 Use Tax Payable $2,364.27
Total Accounts Payable: $7,462,442.94
Approval of checks issued for Payroll: 2116/24-2/29/24
and paid 03/05/24
Date Document Numbers Amount
03/05/24 Checks $2,481,128.37
Voids and Reissues $0.00
03/05/24 Advices FR&P 463695 463701 $5,415.62
Total Payroll: $2,486,543.99
03/05/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 3/19/2024
7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Kaur, Boyd, Fincher, Michaud, Troutner
Packet Pg. 23
8.0
KENT
WASHINGTON
DATE: March 19, 2024
TO: Kent City Council
SUBJECT: City of Kent Federal Agenda — Direct Appropriation
Requests - Approve
MOTION: I move to approve the public safety, infrastructure, and
educational federal funding requests summarized by staff and direct staff
to apply for or assist in the application for such federal funding.
SUMMARY: The City contracts with Crossroads Strategies for federal lobbying
services. City directors met with Crossroads staff to develop priorities for federal
appropriations. Crossroads assisted the City in developing requests that Crossroads
believes have a good chance at success in obtaining federal congressional approval.
As described below, one of the requests will be directly made by and for the City,
and the others will benefit the City, but will be made by partner agencies with the
assistance of the City.
Public Safety: The City will submit application for one time capital funding for
emergency technology equipment, primarily in the form of an emergency mobile
command center. An emergency mobile command center consists of a vehicle that
houses communications equipment, technology and meeting space that is mobile
and can be located at the site of an emergency. The emergency mobile command
center can be used in the event of man-made emergencies and natural disasters
that require a large police presence and extensive communications, planning,
operations oversite, meeting space and emergency response. The request may
include the addition of complementary technology such as, but not limited to,
mobile or fixed cameras, and drone and remote vehicle operations capabilities
which could be guided from the mobile command center.
Infrastructure: The City will direct Crossroads Strategies to help prepare and
submit the Kent School District's applications for capital funding to improve the Mill
Creek Middle School property and lessen the impact of flood and stormwater on the
school and nearby properties. A large portion of the Mill Creek Middle School
property, as well as some areas of adjoining property, are within a federally
designated floodplain. Improvements to the Mill Creek Middle School property will
trigger expensive federally-required floodplain and stormwater mitigation
measures. With the assistance of the City, the School District will submit a request
to Congress to fund capital improvements on district property and unneeded City
right-of-way which will then allow for redevelopment of the field and adjoining
Packet Pg. 24
8.0
vehicle entry and parking, and provide flood and stormwater storage for the Middle
School and if feasible, the surrounding properties. In return, the City will be able to
utilize the field for parks programing during non-school hours. Extra storage
capacity may enable future investment and redevelopment of commercial
properties to the southwest abutting Central and Smith-one block from Sounder
transit.
Education: The City of Kent plays a facilitative and convening role in the
coordination and advancement of workforce development initiatives in our
community. The City regularly convenes its local colleges, its school district, and
communicates with local apprenticeship programs to uncover areas of mutual
alignment; share information on career and job demand it hears from its major
employers; and explore potential intersections of funding to grow programs and
improve access to in-demand training. The City's Strategic Economic Development
Plan highlights the importance of promoting science, technology, engineering and
math (STEM) educational offerings. The City will direct Crossroads Strategies to
work with the Green River College, Aerospace Joint Apprenticeship Committee
(AJAC), Renton Technical College, and others to help procure federal funding for
activities related to the plan's objectives and in support of a cohesive workforce
development system in our local community.
BUDGET IMPACT: N/A
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
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.
03/05/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 3/19/2024
7:00 PM
MOVER: Satwinder Kaur, Council President
SECONDER: John Boyd, Councilmember
AYES: Kaur, Boyd, Fincher, Michaud, Troutner
Packet Pg. 25
8.D
KENT
WASHINGTON
DATE: March 19, 2024
TO: Kent City Council
SUBJECT: 2024-2028 Art Plan - Approve
MOTION: I move to approve the 2024-2028 City Art Plan and authorize the
Mayor to sign all contracts to implement the Art Plan within established
budgets, subject to contract terms and conditions acceptable to the Parks
Director and City Attorney.
SUMMARY: As required by Ordinance 2552 and Chapter 4.04 of the Kent City
Code, the Kent Arts Commission has recommended approval of an annual Art Plan
outlining expenditures of the $2 per capita City Art fund to be approved by the City
Council.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
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. 2024_ArtPlan_5_Year_Plan (PDF)
03/05/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 3/19/2024
7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: John Boyd, Councilmember
AYES: Kaur, Boyd, Fincher, Michaud, Troutner
Packet Pg. 26
8.D.a
CITY OF KENT
Parks, Recreation & Community Services
Kent Arts Commission
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2024 CITY ART PLAN CD
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FIVE YEAR CITY ART PLAN, 2024 - 2028 N
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Kent City Code 4.04
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Approved: a
Visual Arts Committee 11/8/2023
Kent Arts Commission 2/14/2024
City Council Parks Committee:
City Council
Packet Pg. 27
8.D.a
CITY OF KENT
Parks, Recreation & Community Services
Kent Arts Commission
2024 CITY ART PLAN
(Budget for 19026223.4310)
Account Balance as of 1/1/2024 $662,461
Does not include 2024 per capita funding which transfers to the
project account at the end of the year (estimated to be
approximately $99,160 after administrative expenses.)
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2024 Projects Cost 0.
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Garrison Creek Renovation Artwork $120,000 Q
East Hill North Park Artwork $100,000
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Traffic Signal Control Box Wraps $35,000 a
Digital Art Project/Kent-Kherson $5,000 <
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Portable Collection Purchases $15,000 N
Kent Valley Loop Trail $60,000 N
Springwood Park Reimagining Artwork $80,000 N
Maintenance and Programming $40,000 N
Opportunity fund/Savings for Future Projects $207,461 Ln
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TOTAL: $662,461
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2024 estimated population (137,900) x $2/ca ita $275,800 �l
2024 Salary and Administration (supplies, $176,640 c
professional services, routine maintenance/repair)) N
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Anticipated transfer to project account at close of $99,160 E
2024:
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KENT ARTS COMMISSION
2023 CITY ART PLAN NARRATIVE
Project Title: Capital Project Artwork(s) - Garrison Creek Park Renovation
Project Description: The Parks Department plans to renovate and update existing park facilities
to create more recreation opportunities at Garrison Creek Park. The project will focus on
upgrading the surface and facilities located on the existing cistern lid, including new court
surfaces for pickleball, basketball, and tennis alongside playground features. The project will also
update the walking loop, increase parking, and renovate the plaza. Construction is anticipated to
begin in spring/summer 2024. The Arts Commission directly selected artist Elizabeth Conner to
work with City staff and the Berger Partnership design team to identify opportunities for artwork
and to create art for the park.
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Estimated Costs: $120,000 a
Funding Source: 2024 City Art Plan: $0
2023 City Art Plan: $120,000 a
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City Partner(s): Parks Planning and Development N
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Background: Public art has long been part of the amenities at Garrison Creek Park. Artist N
Elizabeth Conner created "Underground Secrets," a variety of art pieces installed at the park in N
1999. This integrated artwork leads visitors through the space, while also revealing the presence LO
of the underground reservoir in whimsical ways using recycled pipes, valves, and water-related M
mechanisms. The Arts Commission deaccessioned the 25-year-old artwork, which now requires
more frequent maintenance, in late 2023 in preparation for the new project.
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Location: Garrison Creek Park, 9615 S. 2181" Street
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Project Title: Capital Project Artwork(s) - East Hill North Community Park a
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Project Description: The Parks Department is undertaking the development of a new community N�
park in the East Hill North region of the city. The site is a beautiful and unique property that N
provides an opportunity for community members to connect with nature. The property's long,
central ridge line meadow is grounded by forest and wetlands on either side, framing views E
towards the Cascade foothills and Mt. Rainier. With wetland surrounding it and unincorporated
King County land along the Soos Creek corridor to the east, the areas around the site will remain 2
wild and mostly undeveloped into the future. Kent's Parks Planning and Development division a
has developed a master plan informed by public engagement.
Estimated Costs: $100,000
Funding Source: 2024 City Art Plan: $100,000
City Partner: Parks Planning and Development
Background: The Kent Arts Commission has posted an open call to artists residing in Washington
State to submit qualifications for the project. The deadline is January 31, 2023. The selected
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artist will coordinate their work with Site Workshop Landscape Architecture, and artwork will
complement the environment and views.
Location: East Hill North neighborhood
Project Title: Art Project - Traffic Signal Control Box Art Wraps
Project Description: In 2017, Kent Arts Commission staff worked with the Police Department,
Economic Development, and Public Works to identify utility/signal boxes to wrap with artwork
(printed on vinyl) to deter graffiti. Building on the success of the five boxes that were part of the
2017 pilot project, the Kent Arts Commission commissioned eight boxes/artworks in 2018 and
2019. Another nine boxes/artworks were added in 2021 and 2022. Eight boxes are planned for C
2024. (This project alternates years with the Downtown Rotating Mural Program.) i
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Estimated Costs: $35,000 (Approx. $3,750/box, 8 boxes projected in 124 + a
contingency)
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Funding Source: 2024 City Art Plan: $17,500
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2023 City Art Plan: $17,500 (Carried over from money N
approved for the Kherson Park Digital Art Project N
approved in 2022) N
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City Partner: Public Works, ECD LO
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Background: Many cities are using vinyl artwork wraps on utility/signal boxes to beautify their
communities and to defer graffiti. Our program has been a great success since 2017, both in a
terms of graffiti prevention and public approval. ai
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Location(s): Varied/TBD
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Project Title: Art Project - Kherson Park/Digital Artwork
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Project Description: The Parks Department was proud to complete and open a newly renovated,
space-themed park at 307 West Gowe Street in 2023. The park design includes a Lunar Rover
replica, a life-sized astronaut, and a large screen with projection capabilities. The Arts E
Commission provides artistic content for the projection component through the Digital Art
Project, which commissions new artwork from digital/video specific artists. a
Estimated Costs: $5,000
Funding Source: 2024 City Art Plan: $0
2023 City Art Plan: $5,000 ($25,000 approved in 2022
and carried over, $2,500 spent on 2023 program,
$17,500 to be reassigned to 2024 Traffic Signal Control
Box Wraps)
City Partner: Parks Planning and Development
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Background: 2023 marked the inaugural year of the Digital Art Project at Kherson Park. Seven
artworks by five artists were chosen from a pool of 44 applicants from across the country. The
video artworks are displayed at Kherson Park via the new projector system. The artists range
from local (Kent) and regional (Mountlake Terrace), to national (Indiana, Florida, and New York).
The Arts Commission will commission new video artworks for 2024.
Location: Kent-Kherson Park, 307 West Gowe Street
Project Title: Summer Art Exhibit Purchase Program
Project Description: Purchase quality artworks from area artists that enhance the value of the
City Portable Art collection. The artworks are exhibited in publicly accessible areas of City C
facilities, helping to beautify Kent. Budget for artwork purchases ensures high quality of i
applicants to Summer Art Exhibit and allows for more strategic purchases. 0-
Estimated Costs: $15,000
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Funding Source: 2024 City Art Plan: $15,000
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City Partner: Facilities N
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Background: The City of Kent Arts Commission collection of portable artwork includes a variety N
of two-dimensional artworks. Artwork is acquired through the Kent Summer Art Exhibit purchase LO
award program. The portable collection introduces art into areas where the community does M
business. A work environment that includes amenities such as art has been shown to increase
productivity and job satisfaction, but the primary purpose is serving the public. a
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Location: City of Kent facilities
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Project Title: Capital Project Artwork(s) - Kent Valley Loop Trail (KVLT)
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Project Description: The Parks Department has long-term plans to create a Kent Valley Loop N
Trail system. This system of varying length trails along the Green River will link Riverview Park
(yet to be constructed), Foster Park, Van Doren's Landing, and Boeing Rock. In collaboration E
with Parks Planning and Development staff, the Kent Arts Commission has identified an
opportunity to site artwork through this trail system. Possible projects include murals on
industrial buildings along the Interurban Trail, or sculptures along the Green River Trail. This a
project ties directly to the plan to establish a 4t" Avenue and Willis Greenways Rotating
Sculpture Program (planned again for 2025). Potential purchases from the rotating sculpture
program could populate a permanent sculpture gallery along the Green River Trail.
Estimated Costs: $60,000
Funding Source: 2024 City Art Plan: $0
2023 City Art Plan: $60,000 (approved in 2021 and
carried over)
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City Partner(s): Parks Planning and Development, Economic and
Community Development
Background: The vision for the KVLT is to enhance recreation opportunities at Kent's river-front
parks and along the Green River Trail that connects them. Parks Planning and Development
contracted with Berger Partnership to develop a Master Plan for the project in 2013. Through a
competitive selection process, the Arts Commission selected Ellen Sollod to serve as the artist
representative on the planning team and to create an art plan for the KVLT.
Location: Kent Valley Loop Trail/parks along Green River
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Project Title: Capital Project Artwork(s) - Springwood Park Reimagining Artwork i
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Project Description: After an extensive public engagement and design process, the Springwood a
Park Reimagining Project is reaching the final stages before construction begins. The park will be
a vibrant, inclusive, and welcoming neighborhood gathering space on the East Hill of Kent. Once a
completed, Springwood Park will include a multi-sport court incorporating both futsal and a
basketball, a park shelter with tables, a bench swing, two play areas for different ages, swings, a N
zip line, a cooling station, a new hill slide, and artwork including two to three sculptures. N
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Estimated Costs: $80,000 LO
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Funding Source: 2024 City Art Plan: $80,000
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City Partner: Parks Planning and Development ai
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Background: The Kent Arts Commission will post an open call to artists residing in Washington >�
State to submit qualifications for the project. LO
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Location: Springwood Park, 12700 SE 274th Street a.
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Project Title: Collection Maintenance and Programming
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Project Description: Projects include outdoor sculpture maintenance and collection repair,
helping to sustain existing assets. Projects in 2023 may include assessment and decommission
of Daily Migration train corridor sculptures (Dos Remedios, 2005); and various repair and a
maintenance projects.
Estimated Costs: $40,000
Funding Source: 2024 City Art Plan: $9,227
2023 City Art Plan: $30,773 (approved in 2023 and
carried over)
Background: This fund may be used for maintaining and providing programming for existing
artworks.
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8.D.a
Project Title: Opportunity fund (capital projects, strategic art acquisition, economic development
implementation) and savings for future projects
Project Description: Identify and implement art project(s) to address City and community goals.
This funding allows the Arts Commission to incorporate significant artwork into capital projects,
acquire artwork for specific locations or needs, and contribute artwork to implementation of the
City of Kent Economic Development Plan. Possibilities include projects in partnership with
Economic Development and/or the Kent Downtown Partnership and acquiring artwork to
strategically build the City's collection. This fund also allows the Arts Commission to set funding
aside for upcoming capital projects such as the Springwood Park Renovation, Mill Creek Canyon
trails, and the new East Hill North Park.
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Estimated Costs: $207,461 a
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Funding Source: 2024 City Art Plan: $3,399
2023 City Art Plan: $204,062 (approved in 2023 and a
carried over) a
00 City Partner: Economic Development, Parks Planning and Development N
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Background: Kent Arts Commission staff regularly engages in discussions with Economic N
Development staff, Parks Planning and Development staff, and the Kent Downtown Partnership
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about ways to partner and use art to achieve community goals. CD
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Location(s): TBD
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KENT ARTS COMMISSION CITY ART 5 YEAR PLAN: 2024 - 2028
(continued on next page)
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8.D.a
2024 PROJECTS COSTS
Account balance: $662,461
Projects
Capital Art Project: Garrison Creek Renovation 120,000
Capital Art Project: East Hill North Community Park 100,000
Art Project: Traffic Signal Control Box Wraps 35,000
Art Project: Kherson Park/Digital Artwork 5,000
Portable Collection Purchases 15,000
Capital Art Project: Kent Valley Loop Trail 60,000
Capital Art Project: Springwood Park Reimagining Artwork 80,000
Opportunity Fund/Future Projects 207,461
Collection maintenance and programming 40,000
Total $662,461
2025 PROJECTS COSTS
Estimated account balance: (assuming $275K for per cap - $175K admin + $307,461
opp. fund from previous year) 0
Projects L-
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Art Project: Willis Street Greenways Sculpture Exhibition Program 35,000 Q
Art Project: Downtown Rotating Mural Project 40,000 ,
Art Project: Kherson Park/Digital Artwork 5,000
Portable Collection Purchases 15,000 a
Opportunity Fund/Future Projects 187,461
Collection maintenance and programming 25,000 Q
Total $307,461 00
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2026 PROJECTS COSTS 1*
Estimated account balance: (assuming $275K for per cap - $180K $282,461 0
admin. + opp. fund from previous year) N
Projects uO
Capital Art Project: Campus Park Artwork 50,000 M
Capital Art Project: North Meridian Park 75,000 �-
Art Project: Traffic Signal Control Box Wraps 35,000
Art Project: Kherson Park/Digital Artwork 5,000 a
Portable Collection Purchases 15,000 LI
Opportunity Fund/Future Projects 82,461
Collection maintenance and programming 20,000 �I
Total $282,461 'n
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2027 PROJECTS COSTS a
Estimated account balance: (assuming $275K per cap - $185K admin + $172,461
opportunity fund from previous year) al
Projects N
Capital Art Project: Uplands Playfield Spray Park Artwork 50,000 N
Capital Art Project: Mill Creek Canyon Trails 25,000 +:
Art Project: Willis Street Greenways Sculpture Exhibition Program 35,000 4)
Art Project: Downtown Rotating Mural Project 40,000 t
Art Project: Kherson Park/Digital Artwork 5,000 U
Portable Collection Purchases 10,000
Opportunity Fund/Future Projects 0 Q
Collection maintenance and programming 7,461
Total $172,461
2028 PROJECTS COSTS
Estimated account balance: (assuming $275K per cap - $187K admin + 88,000
opportunity fund from previous year)
Projects
Art Project: Traffic Signal Control Box Wraps 35,000
Art Project: Kherson Park/Digital Artwork 5,000
Capital Art Project: TBD 30,000
Portable Collection Purchases 11,000
Opportunity Fund/Future Projects 0
Collection maintenance and programming 7,000
Total $88,000
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8.E
KENT
WASHINGTON
DATE: March 19, 2024
TO: Kent City Council
SUBJECT: Land and Water Conservation Fund Outdoor Recreation
Legacy Partnership — Resolution - Adopt
MOTION: I move to adopt Resolution No. 2070, authorizing the signing and
submittal of a grant application to the Recreation and Conservation Office
to assist with the Uplands Playfield and Spray Park improvements.
SUMMARY: This authorizing resolution is a required part of the application process
for grants from the Washington State Recreation and Conservation Office. This
resolution allows staff to apply for funding. This resolution supports a grant
application that would assist with funding the construction of improvements at
Uplands Playfield and Spray Park.
BUDGET IMPACT: Parks Capital Budget.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Uplands Playfield—Spray Park RCO Grant Resolution (PDF)
03/05/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 3/19/2024
7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: John Boyd, Councilmember
AYES: Kaur, Boyd, Fincher, Michaud, Troutner
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RESOLUTION NO. 2070 0
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A RESOLUTION of the City Council of the Ui
City of Kent, Washington, that: (1) authorizes the o
submission of applications for grant funding
assistance through the Recreation and Conservation
Office; and (2) identifies Parks personnel and/or the
Mayor as the City's authorized representatives for
purposes of securing the grant and binding the City a;
to the grant's terms and conditions.
RECITALS
A. The City of Kent ("City") is working on the Uplands Playfield and J
Spray Park 23-1910D, PRISM Number 23-1910D. M
B. The City considers it in the best public interest to complete the o
projects described in the applications and to seek grant assistance through '
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the Washington Recreation and Conservation Office to aid in financing the
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cost of those projects.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, c)
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
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RESOLUTION a
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SECTION 1, - Intent to Apply. The City has applied for or intends to a�
apply for funding assistance managed by the Washington Recreation and
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Conservation Office ("Office") for the Uplands Playfield and Spray Park 23- �
1910D ("Project"). a
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Recreation & Conservation Office Grants U
Uplands Playfield and Spray Park 23-1910D 1°
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SECTION 2. - Authorized Representatives. The City authorizes the J
following persons or persons holding specified titles/positions (and ro
subsequent holders of those titles/positions) to execute the following
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documents binding the City on the above projects: W
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Name
of Signatory • Title of O
Grant •
Person • • to •
Grant application (submission thereof) Brian Higgins, Parks Capital Ui
Project Manager o
Project contact (day-to-day administering Brian Higgins, Parks Capital CU
of the grant and communicating with the Project Manager
RCO
RCO Grant Agreement Dana Ralph, Mayor
(Agreement)Agreement/amendment 2
Approver f°
Agreement amendments Dana Ralph, Mayor
Authorizing property and real estate Dana Ralph, Mayor Ca
documents (Notice of Grant, Deed of
Right or Assignment of Rights if J
applicable).
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The above persons are considered an authorized
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representative(s)/agent(s)" for purposes of the documents indicated. The
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City shall comply with a request from the RCO to provide documentation of c,
persons who may be authorized to execute documents related to the grant.
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SECTION 3. - Indemnification and Legal Venue Stipulation. The City
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has reviewed the sample RCO Grant Agreement on the Recreation and
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Conservation Office's website at: https://rco.wa.gov/wp-
content/uploads/2019/06/SampleProjAgreement.pdf. We understand and
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acknowledge that if offered an agreement to sign in the future, it will contain
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an indemnification and legal venue stipulation and other terms and conditions a
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Recreation & Conservation Office Grants
Uplands Playfield and Spray Park 23-1910D
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8.E.a
substantially in the form contained in the sample Agreement and that such
terms and conditions of any signed Agreement shall be legally binding on the J
sponsor if our representative/agent enters into an Agreement on our behalf. o
The Office reserves the right to revise the Agreement prior to execution.
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SECTION 4. - Legal Authority. The City acknowledges and warrants, 0
after conferring with its legal counsel, that its authorized 0
rep resentative(s)/agent(s) identified above have full legal authority to act and ;
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sign on behalf of the City for their assigned role/document. o
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SECTION 5. - Contingent Funding. Grant assistance is contingent on
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a signed agreement. Entering into any Agreement with the Office is purely
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voluntary on the City's part.
SECTION 6. - Varying Policies and Requirements. The City
understands that grant policies and requirements vary depending on the J
grant program applied to, the grant program and source of funding in the ;
Agreement, the characteristics of the project, and the characteristics of the o
City. '
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SECTION 7. - Acknowledgement. The City further understands that
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prior to our authorized representative(s)/agent(s) executing any of the
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documents listed above, the RCO may make revisions to its sample
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Agreement and that such revisions could include the indemnification and the a
legal venue stipulation. The City accepts the legal obligation that we shall, 2
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prior to execution of the Agreement(s), confer with our authorized
representative(s)/agent(s) as to any revisions to the project Agreement from
that of the sample Agreement. We also acknowledge and accept that if our a
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authorized representative(s)/agent(s) executes the Agreement(s) with any
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Recreation & Conservation Office Grants U
Uplands Playfield and Spray Park 23-1910D 1°
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8.E.a
such revisions, all terms and conditions of the executed Agreement shall be
conclusively deemed to be executed with our authorization. J
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SECTION 8. - Allowable Costs. Any grant assistance received will be
used for only direct eligible and allowable costs that are reasonable and W
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necessary to implement the project(s) referenced above. 0
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SECTION 9. - Funding Match. If match is required for the grant, we ;
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understand the City must certify the availability of match at least one month o
before funding approval. In addition, the City understands it is responsible
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for supporting all non-cash matching share commitments to this project
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should they not materialize.
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SECTION 10. - Reimbursement Basis. The City acknowledges that if
it receives grant funds managed by the Office, the Office will pay us on only
a reimbursement basis. We understand reimbursement basis means that we J
will only request payment from the Office after we incur grant eligible and ;
allowable costs and pay them. The Office may also determine an amount of o
retainage and hold that amount until all project deliverables, grant reports, '
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or other responsibilities are complete.
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SECTION 11. - Purpose of Property. The City acknowledges that any o
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property owned by the City that is developed, renovated, enhanced, or
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restored with grant assistance must be dedicated for the purpose of the grant a
in perpetuity unless otherwise allowed by grant program policy, or Office in a
writing and per the Agreement or an amendment thereto.
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SECTION 12. - Resolution a Part of Application. This resolution is a
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deemed to be part of the formal grant application to the Office.
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Recreation & Conservation Office Grants U
Uplands Playfield and Spray Park 23-1910D 1°
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SECTION 13. - Certification. The City warrants and certifies that this
resolution was properly and lawfully adopted following the requirements of J
the City and applicable laws and policies, and that the City has full legal ro
authority to commit itself to the warranties, certifications, promises and
obligations set forth herein. W
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SECTION 14. - Effective Date and Approval. This resolution will take 0
effect immediately and is signed and approved by the Mayor through a ;
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majority vote of the City Council for the City of Kent. A copy of this resolutionCU
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is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA. L
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March 19, 2024 a
DANA RALPH, MAYOR Date Approved
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ATTEST: -J
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March 19, 2024
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted g
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APPROVED AS TO FORM:
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TAMMY WHITE, CITY ATTORNEY
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Recreation & Conservation Office Grants
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This agreement template is used by the Recreation and Conservation Office (RCO)for the management
of the grant and other programs it administers. This example is provided for review by applicants'and
their counsel as they seek grant funding managed by RCO. J
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This grant agreement will contain changes at issuance based on the specifics of each funded project. For c
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instance, changes will occur based on the applicant,funding program,fund source, project type, rule or U
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law changes, and other factors. Applicants that receive funding from RCO are encouraged to thoroughly
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review their customized grant agreement prior to final signature. 0
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RCO reserves the right to make updates to this template. '
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RCO GRANT AGREEMENT o
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Project Name:
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Project Number: o
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Issuance Date:
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A. PARTIES OF THE GRANT AGREEMENT. ?'
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1. This Recreation and Conservation Office Grant Agreement (Agreement) is entered into between
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the State of Washington {FundingAgency) Recreation and Conservation Office (RCO), P.O. Box J
40917, Olympia, Washington 98504-0917 and {Prim arySponsorNameAddress)
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{SecondarySponsorNameAddress), and shall be binding on the agents and all persons acting by M
or through the parties. c
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2. The Sponsor's Data Universal Numbering System (DUNS) Number is{DUNNSNumber). 0
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3. All Sponsors are equally and independently subject to all the conditions of this Agreement
except those conditions that expressly apply only to the primary Sponsor.
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4. Prior to and During the Period of Performance, Per the Applicant Resolution/Authorizations
submitted by all sponsors (and on file with the RCO),the identified Authorized
Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all a
matters related to the project, including but not limited to,full authority to: (1)sign a grant
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application for grant assistance, (2) enter into this project agreement on behalf of the Ni
Sponsor(s) including indemnification, as provided therein, (3) enter any amendments thereto on
behalf of Sponsor(s), and (4) make any decisions and submissions required with respect to the
project. Agreements and amendments must be signed by the Authorized a-
Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO
AGREEMENT Section.
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a. During the Period of Performance, in order for a Sponsor to change its Authorized
Representative/Agent as identified on the original signed Applicant E
Resolution/Authorization the Sponsor must provide the RCO a new Applicant U
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Page 1 of 50
2020 RCO GRANT AGREEMENT
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8.E.a
Resolution/Authorization signed by its governing body. Unless a new Applicant
Resolution/Authorization has been provided, the RCO shall proceed on the basis that
the person who is listed as the Authorized Representative in the last J
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Resolution/Authorization that RCO has received is the person with authority to bind the o
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Sponsor to the Agreement(including any amendments thereto) and decisions related to
implementation of the Agreement.
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b. Amendments After the Period of Performance. RCO reserves the right to request and o
Sponsor has the obligation to provide, authorizations and documents that demonstrate
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any signatory to an amendment has the authority to legally bind the Sponsor as
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described in the above Sections A and J.
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5. For the purposes of this Agreement, as well as for grant management purposes with RCO, only
the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT
REIMBURSEMENTS Section). o
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B. PURPOSE OF AGREEMENT.
This Agreement sets out the terms and conditions by which a grant is made from the {AccountName)of
the State of Washington.The grant is administered by the RCO.
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C. DESCRIPTION OF PROJECT.
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D. PERIOD OF PERFORMANCE. M
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1. The period of performance begins on {StartDate)(project start date) and ends on {EndDate) 3
(project end date). No allowable cost incurred before or after this period is eligible for N
reimbursement unless specifically provided for by written amendment or addendum to this
Agreement, or specifically provided for by applicable RCWs,WACs, and any applicable RCO
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manuals as of the effective date of this Agreement.
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2. The RCO reserves the right to summarily dismiss any request to amend this Agreement if not
made at least 60 days before the project end date.
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E. STANDARD TERMS AND CONDITIONS INCORPORATED.
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The RCO Standard Terms and Conditions of the Agreement are hereby incorporated by reference as part Q-
of this Agreement.
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F. LONG-TERM OBLIGATIONS. 2
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(This is a custom section based on project,program, and sponsor type. See attached spreadsheet of
those that may apply.)
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G. PROJECT FUNDING.
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The total grant award provided for this project shall not exceed (RCOAmount}.The RCO shall not pay any
amount beyond that approved for grant funding of the project and within the percentage as identified
below.The Sponsor shall be responsible for all total project costs that exceed this amount.The J
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minimum matching share provided by the Sponsor shall be as indicated below:
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{FundingTable} U
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H. FEDERAL FUND INFORMATION. `o
(This section only appears if there is federal funding nexus) -°a
{FederalFundinglnfo} O
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This funding is not research and development(R&D). Ui
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If the Sponsor's total federal expenditures are $750,000 or more during the Sponsor's fiscal-year, the
Sponsor is required to have a federal single audit conducted for that year in compliance with 2 C.F.R.
m
Part 200, Sub Part F—Audit Requirements, Section 500(2013).The Sponsor must provide a copy of the
final audit report to RCO within nine months of the end of the Sponsor's fiscal year, unless a longer v
period is agreed to in advance by the federal agency identified in this section. a;
Sponsor shall comply with the federal "Omni-circular" (2 C.F.R. Part 200).
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RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit; further
the RCO reserves the right to suspend any and all RCO Agreement(s) with the Sponsor if such J
noncompliance is not promptly cured.
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I. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS. M
All rights and obligations of the parties under this Agreement are further specified in and shall be c
0
interpreted in light of the Sponsor's application and the project summary and eligible scope activities
under which the Agreement has been approved and/or amended as well as documents produced in the N
course of administering the Agreement, including the eligible scope activities,the milestones report,
progress reports, and the final report. Provided,to the extent that information contained in such
documents is irreconcilably in conflict with this Agreement, it shall not be used to vary the terms of the
Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or O
omission.This "Agreement" as used here and elsewhere in this document, unless otherwise specifically
stated, has the meaning set forth in the definitions of the Standard Terms and Conditions.
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The following Exhibits are attached as part of this Agreement: L
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(This is a custom section listing things like "Expanded Scope of Work," "Milestones,"and "Eligible Scope Ni
Items,"which become part of this agreement.) m
If an exhibit is referenced in this Agreement as an exhibit or attached to this Agreement, regardless f°
a
whether it is on this list, it shall still be considered part of this Agreement.
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J. AMENDMENTS TO AGREEMENT. a
1. Except as provided herein, no amendment (including without limitation, deletions) of this m
Agreement will be effective unless set forth in writing signed by all parties. Exception: z
extensions of the Period of Performance and minor scope adjustments need only be signed by r
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8.E.a
RCO's director or designee and consented to in writing (including email) by the Sponsor's
Authorized Representative/Agent or Sponsor's designated point of contact for the
implementation of the Agreement(who may be a person other than the Authorized J
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Agent/Representative), unless otherwise provided for in an amendment.This exception does °
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not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal
amendment for extensions or minor scope adjustments.
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2. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its 0
behalf is duly authorized to do so.
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3. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be
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deemed to include all current federal, state, and local government laws and rules, and policies o
applicable and active and published in the applicable RCO manuals or on the RCO website in
effect as of the effective date of the amendment, without limitation to the subject matter of the
amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a o
result of an amendment shall apply only prospectively and shall not require that an act v
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previously done in compliance with existing requirements be redone. However, any such
amendment, unless expressly stated, shall not extend or reduce the long-term obligation term.
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K. COMPLIANCE WITH APPLICABLE STATUTES, RULES,AND POLICIES.
1. This Agreement is governed by, and the sponsor shall comply with, all applicable state and J
federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any
applicable federal program and accounting rules effective as of the date of this Agreement or as M
of the effective date of an amendment, unless otherwise provided in the amendment. Provided, o
any update in law, rule, policy or a manual that is incorporated as a result of an amendment
shall apply only prospectively and shall not require that an act previously done in compliance
with existing requirements be redone unless otherwise expressly stated in the amendment.
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2. For the purpose of this Agreement, {WAC J shall apply as terms of this Agreement.
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3. For the purpose of this Agreement,the following RCO manuals are deemed applicable and shall
apply as terms of this Agreement: c`c
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{CustomApplicableManuals} L
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Provided, where a manual refers to a funding board's responsibility and/or authority but the funding
board is not involved with the grant or successor to an entity that was involved, the RCO director shall
have that responsibility and/or authority if such responsibilities and/or authority falls within the RCO's
statutory responsibilities and/or authority or within a lawful delegation by the board to the RCO. a
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L. SPECIAL CONDITIONS. c�v
{CustomSpecialConditionsAsMayApply} 0
M. AGREEMENT CONTACTS.
The parties will provide all written communications and notices under this Agreement to either or both
the mail address and/or the email address listed below: r
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8.E.a
{CustomProjectContacts}
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These addresses and contacts shall be effective until receipt by one party from the other of a written W
notice of any change. Unless otherwise provided for in this Agreement, decisions relating to the r-
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Agreement must be made by the Authorized Representative/Agent,who may or may not be the Project c
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Contact for purposes of notices and communications. U
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N. ENTIRE AGREEMENT. `o
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the -°a
parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any '
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of the parties.
O. EFFECTIVE DATE. L
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1. Unless otherwise provided for in this Agreement,this Agreement, for project{ProjectNumber},
shall not be effective and binding until the date signed by both the sponsor and the RCO's
authorized representative,whichever is later(Effective Date). Reimbursements for eligible and o
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allowable costs incurred within the period of performance identified in the PERIOD OF
PERFORMANCE Section are allowed only when this Agreement is fully executed and an original
is received by RCO.
2. The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as
set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT J
AGREEMENT.The signators listed below represent and warrant their authority to bind the
parties to this Agreement.
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Signatures: o
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Sponsor/Date L
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Recreation and Conservation Office/Date 2
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Standard Terms and Conditions of the RCO Grant Agreement Table of Contents
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1. CITATIONS, HEADINGS AND DEFINITIONS............................................................................................8
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2. PERFORMANCE BY THE SPONSOR. .....................................................................................................13 r.0
3. ASSIGNMENT. .....................................................................................................................................14
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4. RESPONSIBILITY FOR PROJECT............................................................................................................14
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5. INDEMNIFICATION..............................................................................................................................14 -00
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6. INDEPENDENT CAPACITY OF THE SPONSOR.......................................................................................16 0
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7. CONFLICT OF INTEREST.......................................................................................................................16
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8. COMPLIANCE WITH APPLICABLE LAW................................................................................................16 0
9. ARCHAEOLOGICAL AND CULTURAL RESOURCES RESPONSIBILITIES...................................................18 Cu
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10. RECORDS.............................................................................................................................................23 N
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11. PROJECT FUNDING..............................................................................................................................24 U
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12. PROJECT REIMBURSEMENTS. .............................................................................................................25 a
13. ADVANCE PAYMENTS. ........................................................................................................................27
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14. RECOVERY OF PAYMENTS...................................................................................................................27
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15. COVENANT AGAINST CONTINGENT FEES. ..........................................................................................27
16. INCOME (AND FEES) AND USE OF INCOME........................................................................................27
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17. PROCUREMENT REQUIREMENTS. 28
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18. TREATMENT OF EQUIPMENT AND ASSETS.........................................................................................29
19. RIGHT OF INSPECTION. .......................................................................................................................30 c0n
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20. STEWARDSHIP AND MONITORING.....................................................................................................30
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21. PREFERENCES FOR RESIDENTS............................................................................................................30 t,
22. ACKNOWLEDGMENT AND SIGNS........................................................................................................30 OU
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23. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION L
PROJECTS. ...........................................................................................................................................31 a-
24. PROVISIONS APPLYING TO ACQUISITION PROJECTS. 32 L Q a
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25. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS.........................................................34 1
2
26. CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS............................35 4,
27. RECORDED NOTICE OF GRANT............................................................................................................36 a-
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28. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS..................................36
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29. PROVISIONS FOR FEDERAL SUBAWARDS............................................................................................36
30. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS.....................................................................39
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31. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS....................................39
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32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS............................................40 >'
33. PROVISIONS FOR FARMLAND AND FORESTLAND PRESERVATION PROJECTS....................................41
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34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS. ................................................41 0
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35. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS................................41 0,
36. ORDER OF PRECEDENCE. ....................................................................................................................46
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37. LIMITATION OF AUTHORITY................................................................................................................47 0
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38. WAIVER OF DEFAULT..........................................................................................................................47 0
39. APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH. .............47 -0
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40. SPECIFIC PERFORMANCE. ...................................................................................................................47 r-
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41. TERMINATION AND SUSPENSION.......................................................................................................47 Cu
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42. DISPUTE HEARING...............................................................................................................................49 N
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43. ATTORNEYS' FEES................................................................................................................................50 U
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44. GOVERNING LAW/VENUE...................................................................................................................50
45. SEVERABILITY. .....................................................................................................................................50
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46. END OF AGREEMENT. 50 f°
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8.E.a
R
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STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT
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Last Updated: February 12, 2020 °
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1. CITATIONS, HEADINGS AND DEFINITIONS.
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A) Any citations referencing specific documents refer to the current version on the effective
date of this Agreement or the effective date of any amendment thereto. p
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B) Headings used in this Agreement are for reference purposes only and shall not be Ui
considered a substantive part of this Agreement. o
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C) Definitions. As used throughout this Agreement,the following terms shall have the meaning N
set forth below: 0
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acquisition project—A project that purchases or receives a donation of a right to or in real property a;
including, but not limited to,fee simple land acquisition, conservation easement,
access/trail/recreational easements, covenants, leases, water rights, and mineral rights.
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Agreement,terms of the Agreement, or project agreement—The document entitled "RCO GRANT
AGREEMENT" accepted by all parties to the present project and transaction, including without _J
limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits,
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attachments, addendums, amendments, and applicable manuals, and any intergovernmental M
agreements, and/or other documents that are incorporated into the Agreement subject to any
limitations on their effect under this Agreement. °
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applicable manual(s), manual --A manual designated in this Agreement to apply as terms of this
Agreement, subject (if applicable) to substitution of the "RCO director"for the term "board" in
those manuals where the project is not approved by or funded by the referenced board, or a i
predecessor to the board. O
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applicable WAC(s) -- Designated chapters or provisions of the Washington Administrative Code that
apply by their terms to the type of grant in question or are deemed under this Agreement to apply
as terms of the Agreement, subject to substitution of the "RCO director" for the term "board" or
"agency" in those cases where the RCO has contracted to or been delegated to administer the grant a
program in question. Ni
applicant—Any party, prior to becoming a Sponsor,who meets the qualifying standards/eligibility
requirements for the grant application or request for funds in question. f°
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application—The documents and other materials that an applicant submits to the RCO to support
the applicant's request for grant funds; this includes materials required for the "Application" in the a
RCO's automated project information system, and other documents as noted on the application
checklist including but not limited to legal opinions, maps, plans, evaluation presentations and
scripts. E
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archeological, cultural, and historic resources- Archeological sites and artifacts, and traditional
areas or items of religious, ceremonial and/or social (significance to) (uses of)tribes affected by or
interested in the project. This also refers to built environments and places with historical J
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significance for the nation,state, or local area. °
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authorized representative/agent—A Sponsor's agent (employee, political appointee, elected person, U
etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's
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signature.This person has the signature authority to bind the Sponsor to this Agreement, grant, and °
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project.
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C.F.R.—Code of Federal Regulations
completed project or project completion -The status of a project when all of the following have u_
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occurred: °
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1. The grant funded project has been inspected by the RCO and the RCO has determined that N
all scopes of work to implement the project have been completed satisfactorily, o
2. A final project report is submitted to and accepted by RCO, v
3. Any needed amendments to the Agreement have been entered by the Sponsor and RCO
and have been delivered to the RCO
4. A final reimbursement request has been paid by RCO.
5. Property rights (including RCO's as may apply) have been recorded (as may apply)
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contractor—An entity that receives a contract from a Sponsor related to performance of work or
another obligation under this Agreement. t°
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compliance period, or long-term compliance period—The term of years, beginning on the end date
of the agreement,when long-term obligations exist for the Sponsor.The start date and end date of °
the compliance period may also be prescribed by RCO per the Agreement. o
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conversion—A conversion occurs 1)when facilities acquired, developed, renovated or restored
within the project area are changed to a use other than that for which funds were approved, i
without obtaining prior written formal RCO or board approval, 2)when property interests are O
conveyed to a third party not otherwise eligible to receive grants in the program from which funding U
was approved without obtaining prior written formal RCO or board approval, or 3) when obligations ,c
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to operate and maintain the funded property are not complied with after reasonable opportunity to 0-
cure.
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development project—A project that results in the construction of, or work resulting in, new Ni
elements, including but not limited to structures,facilities, and/or materials to enhance outdoor—,
recreation resources. A development project may also involve activities that redevelop or renovate
an existing facility, and these may occur exclusively in the project or in combination with new 0-
construction. For projects in the Boating Facilities Program,the term "development project"
includes all of the above and may also include those activities that are defined as maintenance in 50
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C.F.R 86.
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director or Director—The chief executive officer of the Recreation and Conservation Office or that
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person's designee.
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8.E.a
education project—A project that provides information, education, and outreach programs and/or
services for the benefit of outdoor recreationists. This project may involve limited amounts of
capital construction or installation of tangible property. J
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education and enforcement project—A project that provides information, education, and outreach c
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programs or services; encourages responsible recreational behavior, and may provide law U
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enforcement for the benefit of outdoor recreationists.This project may involve limited amounts of
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capital construction or installation of tangible property, and equipment purchases. 0
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effective date—The date when the signatures of all parties to this agreement are present in the '
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agreement.
enhancement project—A project that(i) supports hatchery reform to improve hatchery u_
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effectiveness to minimize impacts to wild fish populations, (ii) ensures compatibility between
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hatchery production and salmon recovery programs, or(iii) supports sustainable fisheries (WAC
420.04.010).
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equipment—Tangible personal property(including information technology systems) having a useful v
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service life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser
a)
of the capitalization level established by the Sponsor or$5,000 (2 C.F.R. § 200.33 (2013)).
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funding board or board—The Washington State Recreation and Conservation Funding Board, or the
Washington State Salmon Recovery Funding Board. Or both as may apply.
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Funding Entity —the entity that approves the project that is the subject to this Agreement. m
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grant program—The source of the grant funds received. May be an account in the state treasury, or
a grant category within a larger grant program, or a federal source. o
indirect cost—Costs incurred for a common or joint purpose benefitting more than one cost 0
objective, and not readily assignable to the cost objectives specifically benefitted, without effort
disproportionate to the results achieved (2 C.F.R. § 200.56 (2013)).
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compliance period, or long-term compliance period—The term of years, beginning on the end date O
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of the agreement,when long-term obligations exist for the Sponsor.The start date and end date of v
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the compliance period may also be prescribed by RCO per the Agreement. L
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long-term obligations—Sponsor's obligations after the project end date, as specified in the
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Agreement and manuals and other exhibits as may apply. a
landowner agreement—An agreement that is required between a Sponsor and landowner for
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projects located on land not owned or otherwise controlled by the Sponsor.
maintenance project—A project that maintains existing areas and facilities through repairs and a
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upkeep for the benefit of outdoor recreation.
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maintenance and operation project—A project that maintains and operates existing areas and
facilities through repairs, upkeep, and routine services for the benefit of outdoor recreationists.
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match or matching share—The portion of the total project cost provided by the Sponsor. z
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8.E.a
milestone—An important event with a defined date to track an activity related to implementation of
a funded project and monitor significant stages of project accomplishment.
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monitoring project—Means a project that tracks the effectiveness of salmon recovery restoration r_
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actions, or provides data on salmon populations or their habitat conditions. c
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monitoring and research project—Means a project that tracks the effectiveness of salmon recovery
restoration actions, or provides data on salmon populations or their habitat conditions. `o
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Office—Means the Recreation and Conservation Office or RCO.
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notice of grant—As required by RCO or another authority, a document that has been legally
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recorded on the property title of the project area(s) in the county or counties where the project Li
property is located, or with the United States Government,that describes the project area on the o
property, the funding sources, and agencies responsible for awarding the grant.
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pass-through entity—A non-Federal entity that provides a subaward to a subrecipient to carry out
part of a Federal program (2 C. F. R. § 200.74 (2013)). If this Agreement is a federal subaward, RCO is °
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the pass-through entity. a;
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period of performance—The period beginning on the project start date and ending on the project
end date.
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planning project-A project that results in one or more of the following: 1) a study, a plan, J
assessment, project design, inventory, construction plans and specifications, and permits; or 2) a
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project that provides money to facilitate the work of an organization engaged in planning and a,
coordination, or resource stewardship.
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pre-agreement cost—A project cost incurred before the period of performance.
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primary Sponsor—The Sponsor who is not a secondary Sponsor and who is specifically identified in
the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer
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the grant.Administration includes but is not limited to acting as the fiscal agent for the grant (e.g. 0
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requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its O
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officers, employees, agents and successors. L)
project—The undertaking that is funded by this Agreement either in whole or in part with funds
administered by RCO.
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project area -A geographic area that delineates a grant assisted site which is subject to project uQj
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agreement requirements.
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project area (for projects where WAC 420 is applied) -The area consistent with the geographic limits
of the scope of work of the project and subject to project agreement requirements. For restoration a-
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projects,the project area must include the physical limits of the project's final site plans or final
design plans. For acquisition projects, the project area must include the area described by the legal a
description of the properties acquired for or committed to the project(WAC 420.04.010).
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completed project or project completion -The status of a project when all of the following have E
occurred: U
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1. The grant funded project has been inspected by the RCO and the RCO has determined that
all scopes of work to implement the project have been completed satisfactorily,
2. A final project report is submitted to and accepted by RCO, J
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3. Any needed amendments to the Agreement have been entered by the Sponsor and RCO 0
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and have been delivered to the RCO m
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4. A final reimbursement request has been paid by RCO.
5. Property rights (including RCO's as may apply) have been recorded (as may apply) L
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project cost—The total allowable costs incurred under this Agreement and all required match share
and voluntary committed matching share, including third-party contributions (see also 2 C.F.R. § O
200.83 (2013)for federally funded projects).
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project end date—The specific date identified in the Agreement on which the period of o
performance ends, as may be changed by amendment.This date is not the end date for any long-
term obligations.
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project start date—The specific date identified in the Agreement on which the period of 0
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performance starts.
RCFB—Recreation and Conservation Funding Board
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RCO—Recreation and Conservation Office—The state agency that administers the grant that is the
subject of this Agreement. RCO includes the director and staff.
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RCW—Revised Code of Washington m
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Recreational Trails Program (RTP)—A Federal Highways Administration grant program.
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reimbursement—RCO's payment of funds to the Sponsor for eligible and allowable costs that have
already been paid by the Sponsor per the terms of the Agreement. 0
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renovation project—A project intended to improve an existing site or structure in order to increase
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its useful service life beyond current expectations or functions.This does not include maintenance
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activities to maintain the facility for its originally expected useful service life. O
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research project—Means a project that studies salmon and the effectiveness of recovery restoration
efforts on the population or habitat condition.
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restoration project—A project intended to bring a site back to its historic function as part of a L
natural ecosystem, or one intended to improve the ecological or habitat functionality or capacity of N
(or part of) a site, landscape, marine environment, or watershed.
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restoration and enhancement project—A project intended to bring a site back to its historic function
as part of a natural ecosystem or that improves the ecological functionality of a site or a larger a
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ecosystem which improvement may include benefiting(or exclusively benefit)fish stocks.
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secondary Sponsor—One of two or more Sponsors who is not a primary Sponsor. Only the primary
Sponsor may be the fiscal agent for the project.
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Sponsor—A Sponsor is an organization that is listed in and has signed this Agreement. z
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Sponsor Authorized Representative/Agent—A Sponsor's agent (employee, political appointee,
elected person, etc.) authorized to be the signatory of this Agreement and any amendments
requiring a Sponsor signature.This person has the signature authority to bind the Sponsor to this J
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Agreement, grant, and project. °
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SRFB—Salmon Recovery Funding Board U
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State.The funding board and RCO are included within the term State, as are all other agencies, `o
departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of -°a
Washington state government. '
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subaward—Funds allocated to the RCO from another organization, for which RCO makes available
to or assigns to another organization via this Agreement.Also, a subaward may be an award u_
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provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of any °
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award received by the pass-through entity. It does not include payments to a contractor or
payments to an individual that is a beneficiary of a federal or other program. A subaward may be
provided through any form of legal agreement, including an agreement that the pass-through entity °
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considers a contract. Also see 2 C.F.R. § 200.92 (2013). For federal subawards, a subaward is for the
purpose of carrying out a portion of a Federal award and creates a federal assistance relationship
with the subrecipient(2 C.F.R. § 200.330 (2013)). If this Agreement is a federal subaward, the
subaward amount is the grant program amount in the PROJECT FUNDING Section.
subrecipient—Subrecipient means an entity that receives a subaward. For non-federal entities _J
receiving federal funds, a subrecipient is an entity that receives a subaward from a pass-through ca
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entity to carry out part of a federal program; but does not include an individual that is a beneficiary M
of such program.A subrecipient may also be a recipient of other federal awards directly from a
federal awarding agency(2 C.F.R. § 200.93 (2013)). If this Agreement is a federal subaward,the °
Sponsor is the subrecipient. o
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tribal consultation—Outreach, and consultation with one or more federally recognized tribes (or a
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partnership or coalition or consortium of such tribes, or a private tribal enterprise) whose rights will
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or may be significantly affected by the proposed project. This includes sharing with potentially- O
affected tribes the scope of work in the grant and potential impacts to natural areas, natural L)
resources, and the built environment by the project. It also includes responding to any tribal Y
L
request from such tribes and considering tribal recommendations for project implementation which
a
may include not proceeding with parts of the project, altering the project concept and design, or
relocating the project or not implementing the project, all of which RCO shall have the final approval N
of.
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useful service life—Period during which a built asset, equipment, or fixture is expected to be >,
useable for the purpose it was acquired, installed, developed, and/or renovated, or restored per this a-
Agreement.
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WAC—Washington Administrative Code. CL
2. PERFORMANCE BY THE SPONSOR.
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8.E.a
a. The Sponsor shall undertake the project as described in this Agreement, and in accordance
with the Sponsor's proposed goals and objectives described in the application or documents
submitted with the application, all as finally approved by the RCO (to include any RCO J
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approved changes or amendments thereto). All submitted documents are incorporated by 0
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this reference as if fully set forth herein.
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b. Timely completion of the project and submission of required documents, including progress c
and final reports, is important. Failure to meet critical milestones or complete the project, as 0
set out in this Agreement, is a material breach of the Agreement.
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3. ASSIGNMENT.
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or u_
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assigned by the Sponsor without prior written approval of the RCO.
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4. RESPONSIBILITY FOR PROJECT.
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a. While RCO administers the grant that is the subject of this Agreement, the project itself v
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remains the sole responsibility of the Sponsor.The RCO and Funding Entity(if different from
the RCO) undertakes no responsibilities to the Sponsor, or to any third party, other than as
is expressly set out in this Agreement.
b. The responsibility for the implementation of the project is solely that of the Sponsor, as is
the responsibility for any claim or suit of any nature by any third party related in any way to
the project. When a project has more than one Sponsor, any and all Sponsors are equally M
responsible for the project and all post-completion stewardship responsibilities and long-
term obligations unless otherwise stated in this Agreement.
0
c. The RCO, its employees, assigns, consultants and contractors, and members of any funding
board or advisory committee or other RCO grant review individual or body, have no
responsibility for reviewing, approving, overseeing or supervising design, construction, or
safety of the project and leaves such review, approval, oversight and supervision exclusively O
O
to the Sponsor and others with expertise or authority. In this respect,the RCO, its v
employees, assigns, consultants and contractors, and any funding board or advisory L
committee or other RCO grant review individual or body will act only to confirm at a 0-
general, lay person, and nontechnical level, solely for the purpose of project eligibility and L
payment and not for safety or suitability,that the project apparently is proceeding or has Ni
been completed as per the Agreement.
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S. INDEMNIFICATION.
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a. The Sponsor shall defend, indemnify, and hold the State and its officers and employees
harmless from all claims, demands, or suits at law or equity arising in whole or in part from a
the actual or alleged acts, errors, omissions or negligence in connection with this Agreement
(including without limitation all work or activities thereunder), or the breach of any
obligation under this Agreement by the Sponsor or the Sponsor's agents, employees, z
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8.E.a
contractors, subcontractors, or vendors, of any tier, or any other persons for whom the
Sponsor may be legally liable.
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b. Provided that nothing herein shall require a Sponsor to defend or indemnify the State o
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against and hold harmless the State from claims, demands or suits based solely upon the
negligence of the State, its employees and/or agents for whom the State is vicariously liable.
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C. Provided further that if the claims or suits are caused by or result from the concurrent o
negligence of(a)the Sponsor or the Sponsor's agents or employees, and (b)the State, or its
O
employees or agents the indemnity obligation shall be valid and enforceable only to the -0
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extent of the Sponsor's negligence or its agents, or employees.
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d. As part of its obligations provided above,the Sponsor specifically assumes potential liability
for actions brought by the Sponsor's own employees or its agents against the State and,
solely for the purpose of this indemnification and defense, the Sponsor specifically waives o
any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of v
L
immunity under this provision extends only to claims against Sponsor by Indemnitee RCO,
and does not include, or extend to, any claims by Sponsor's employees directly against
Sponsor. c
e. Sponsor shall ensure that any agreement relatingtothis project involving any contractors,
J
subcontractors and/or vendors of any tier shall require that the contracting entity
indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as rn
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provided herein as if it were the Sponsor. This shall not apply to a contractor or
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subcontractor is solely donating its services to the project without compensation or other g
substantial consideration. '
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f. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees
C
harmless from all claims, demands, or suits at law or equity arising in whole or in part from
the alleged patent or copyright infringement or other allegedly improper appropriation or O
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use of trade secrets, patents, proprietary information, know-how, copyright rights or v
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inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors L
or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable, in 0-
performance of the work under this Agreement or arising out of any use in connection with L
the Agreement of methods, processes, designs, information or other items furnished or N
communicated to the State, its agents, officers and employees pursuant to the Agreement. -�
Provided,this indemnity shall not apply to any alleged patent or copyright infringement or
other allegedly improper appropriation or use of trade secrets, patents, proprietary f°
a
information, know-how, copyright rights or inventions resulting from the State's, its agents',
officers' and employees'failure to comply with specific written instructions regarding use
provided to the State, its agents, officers and employees by the Sponsor, its agents, Q-
employees, contractors, subcontractors or vendors, of any tier, or any other persons for
whom the Sponsor may be legally liable.
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8.E.a
g. The funding board and RCO are included within the term State, as are all other agencies,
departments, boards, councils, committees, divisions, bureaus, offices, societies, or other
entities of state government. J
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6. INDEPENDENT CAPACITY OF THE SPONSOR. c
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4)
a. The Sponsor and its employees or agents performing under this Agreement are not officers,
L
employees or agents of the RCO or Funding Entity.The Sponsor will not hold itself out as nor 0
0
claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of
Washington, nor will the Sponsor make any claim of right, privilege or benefit which would 0
accrue to an employee under RCW 41.06. 3
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b. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or 0
deductions of any kind required by federal, state, and/or local laws. f°
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7. CONFLICT OF INTEREST. o
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a. Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO
may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is
found after due notice and examination by RCO that there is a violation of the Ethics in
Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the
procurement of, or performance under, this Agreement.
m
b. In the event this Agreement is terminated as provided herein, RCO shall be entitled to M
pursue the same remedies against the Sponsor as it could pursue in the event of a breach of
the Agreement by the Sponsor.The rights and remedies of RCO provided for in this clause
shall not be exclusive and are in addition to any other rights and remedies provided by law '
0
or this Agreement.
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8. COMPLIANCE WITH APPLICABLE LAW.
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a. In implementing the Agreement,the Sponsor shall comply with all applicable federal, state, O
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and local laws (including without limitation all applicable ordinances, codes, rules, and
regulations). Such compliance includes,without any limitation as to other applicable laws, a
the following laws:
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i. Nondiscrimination Laws.The Sponsor shall comply with all applicable federal, state, and U)i
local nondiscrimination laws and/or policies, including but not limited to:the Americans
with Disabilities Act; Civil Rights Act; and the Age Discrimination Employment Act (if
applicable). In the event of the Sponsor's noncompliance or refusal to comply with any w
nondiscrimination law or policy,the Agreement may be rescinded, cancelled, or
terminated in whole or in part, and the Sponsor may be declared ineligible for further a
grant awards from the RCO or Funding Entity.The Sponsor is responsible for any and all
costs or liability arising from the Sponsor's failure to so comply with applicable law.
Except where a nondiscrimination clause required by a federal funding agency is used, z
the Sponsor shall insert the following nondiscrimination clause in each contract for r
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8.E.a
construction of this project: "During the performance of this contract,the contractor
agrees to comply with all federal and state nondiscrimination laws, regulations and
policies." J
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ii. Secular Use of Funds. No funds awarded under this grant may be used to pay for any
religious activities,worship, or instruction, or for lands and facilities for religious
activities, worship, or instruction. Religious activities,worship, or instruction may be a `o
minor use of the grant supported recreation and conservation land or facility. o
O
iii. Wages and Job Safety.The Sponsor agrees to comply with all applicable laws, -0
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regulations, and policies of the United States and the State of Washington or other
u_
jurisdiction which affect wages and job safety.The Sponsor agrees when state prevailing o
wage laws (RCW 39.12) are applicable, to comply with such laws,to pay the prevailing
rate of wage to all workers, laborers, or mechanics employed in the performance of any
part of this contract, and to file a statement of intent to pay prevailing wage with the o
Washington State Department of Labor and Industries as required by RCW 39.12.40.The U
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Sponsor also agrees to comply with the provisions of the rules and regulations of the
Washington State Department of Labor and Industries.
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• Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to
Sponsor a statement of intent to pay prevailing wages if the need to pay prevailing
wages is required by law. If a contractor or subcontractor intends to pay other than
prevailing wages, it must provide the Sponsor with an affirmative statement of the M
contractor's or subcontractor's intent. Unless required by law,the Sponsor is not
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required to investigate a statement regarding prevailing wage provided by a g
contractor or subcontractor. '
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iv. Exception, Service Organizations of Trail and Environmental Projects(RCW 79A.35.130).
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If allowed by state and federal law and rules, participants in conservation corps
programs offered by a nonprofit organization affiliated with a national service O
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organization established under the authority of the national and community service v
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trust act of 1993, P.L. 103-82, are exempt from provisions related to rates of Y
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compensation while performing environmental and trail maintenance work provided: a-
(1)The nonprofit organization must be registered as a nonprofit corporation pursuant to L
RCW 24.03; (2)The nonprofit organization's management and administrative N
headquarters must be located in Washington; (3) Participants in the program must
spend at least fifteen percent of their time in the program on education and training
activities; and (4) Participants in the program must receive a stipend or living allowance f°
a
as authorized by federal or state law. Participants are exempt from provisions related to
rates of compensation only for environmental and trail maintenance work conducted
pursuant to the conservation corps program. Q-
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b. Restrictions on Grant Use. No part of any funds provided under this grant shall be used,
E
other than for normal and recognized executive-legislative relationships, for publicity or
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8.E.a
propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet,
booklet, publication, radio,television, or video presentation designed to support or defeat
legislation pending before the U.S. Congress or any state legislature. No part of any funds J
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provided under this grant shall be used to pay the salary or expenses of any Sponsor, or 0
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agent acting for such Sponsor, related to any activity designed to influence legislation or
appropriations pending before the U.S. Congress or any state legislature.
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C. No part of any funds provided under this grant shall be used to pay the salary or expenses of o
any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence
O
legislation or appropriations pending before the U.S. Congress or any state legislature.
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d. Debarment and Certification. By signing the Agreement with RCO,the Sponsor certifies that o
neither it nor its principals nor any other lower tier participant are presently debarred,
suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in this transaction by Washington State Labor and Industries. Further,the o
Sponsor agrees not to enter into any arrangements or contracts related to this Agreement v
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with any party that is on Washington State Department of Labor and Industries' "Debarred
Contractor List."
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e. Requirements for RTP Subawards.
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i. The subrecipient (Sponsor)shall follow such policies and procedures prescribed by and
allowed by the State, as well as federal law and federal rules issued by the Federal rn
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Highways Administration and 2 CFR 200.
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ii. Sponsor may be required to pay prevailing wage rates as required by the Davis Bacon '
0
Act as amended.
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9. ARCHAEOLOGICAL AND CULTURAL RESOURCES RESPONSIBILITIES
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RCO shall administratively review, and Sponsor shall assist RCO in such review, For all funded O
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projects, including land acquisitions for the purpose of capital construction or renovation, not
undergoing Section 106 review under the National Historic Preservation Act of 1966, RCO shall c`c
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review and, if it deems appropriate, confer with the Washington State Department of Archeology >,
L
and Historic Preservation, tribes, and with any other party/parties that have an interest in, or a
responsibility for, Project review and protection of archeological, cultural, and historical resources,
to determine potential impacts to archeological, cultural and historic resources and plans for m
protection of such resources. The Sponsor shall cooperate in all such reviews.
a
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1. Plans. Sponsor shall comply with all plans RCO or another state or federal agency may develop
c
for the protection of archeological, cultural, and historical resources in the project area, and
a
adjacent areas that may be impacted by the project. This subsection also applies to those
projects where a categorical exclusion (subsection 5) may apply.
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8.E.a
2. Authorities. At a minimum, review, management, and protection of archeological, cultural, and
historic resources, and tribal consultation, shall be performed in the project area and adjacent
areas impacted by the project for compliance with the following authorities (as may apply and J
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as in effect at the time of the review): 0
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i. Washington State Department of Archeology and Historic Preservation policies and U
procedures and rule,
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ii. Sponsor, RCO, and landowners' plans, policies and procedures, directives, laws and -0
rules,
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iii. State Environmental Policy Act,
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iv. National Environmental Policy Act, o
V. National Historic Preservation Act of 1966,
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vi. Governor's Executive Order 05-05,
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3. Scope of Archeological, Cultural, and Historic Resources Review. RCO recognizes that the ,
project area may include multiple parcels with multiple landowners, and additional parties with
property rights in the project area. The Sponsor shall apply this section independently to each
separately owned property, provided that reviews undertaken must include impacts to
individual parcels and cumulative impacts.
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4. Compliance. At all times,the Sponsor shall take reasonable action to avoid, minimize, or ca
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mitigate adverse effects to archeological, cultural, and historic resources in the project area, and
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adjacent areas that may be impacted by the project, and comply with any RCO direction for such
avoidance, minimization, and mitigation, and reporting and notification thereof. °
5. Categorical Exemption. If the Sponsor has reviewed the activities in this grant for impacts to
archeological, cultural, and historical resources, and the same for any planned projects in any
r
land acquired with this grant, and determined the project is categorically exempt from further
L
archaeological, historical and cultural resources review, as well as tribal consultation, Sponsor c9
shall notify the RCO in writing prior to beginning the project describing 1)the specific statutory
or regulatory exemptions that apply, and 2) their applicability to the specific project.
Alternatively,the RCO may determine the project is covered by a categorical exemption, in a
whole or in part, and notify the Sponsor of such determination.
L
However, any categorical exemption must meet the standards of and be consistent and
allowable by ALL of the following:
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1. the project area landowner(s) legal documents and governing documents (if applicable, c�a
2. Sponsor's own policies and procedures and rules, -
3. All applicable laws,
4. RCO applicable policies, manuals and/or other guidance, and a
5. Washington Department of Archaeology and Historic Preservation's rules and policies.
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Alternatively,the RCO may assign a categorical exemption to the project based on its own z
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review. r
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Regardless of the applicability of any categorical exemption, the RCO reserves the right at any
time to require Sponsor to comply with any and all of the provisions of this section.
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6. Project Areas Reviewed by a Permitting Authority. For those project areas where a permitting r-
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authority for the project conducts an archeological, cultural, and historical resources review and c
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tribal consultation under section 106 of the Historic Preservation Act, NEPA, SEPA, or Governor's U
Executive Order 05-05, such review and consultation shall substitute for the land owner's,
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provided that such substitution is allowed only if(a)the permitting authority and landowner are o
not the same, and (b)the RCO determines that the review and consultation performed by the
permitting authority meets RCO standards. When a permitting authority conducts such reviews O
and tribal consultation, all other subsections herein shall still apply to the Sponsor(s). c
LL
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7. Proiect Areas on Sponsor-Owned Property. Unless a categorical exemption applies as stated o
above,the Sponsor shall perform and be bound by the following: f°
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a. Project Review. For project areas not reviewed by a permitting authority(see above), prior v
to implementing in the project area any ground disturbance, altering or demolishing
structures or other property appurtenances, removing or altering vegetation,geologic
elements, or waterways, or impacting wildlife, in and adjacent to the project area, areas
where project mitigation shall occur, or any other areas that may be affected by project
implementation,the Sponsor shall review the project for its potential and actual impacts,
including any planned projects on lands acquired as part of the project,to any and all
archaeological, cultural and historical resources in and adjacent to the project area, in areas
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where project mitigation shall occur, or other areas that may be affected by project M
implementation. In this review, Sponsor shall follow its policies and procedures, plans,
guidance, rules, and directives, as well as act in compliance with Governor's Executive Order 3
05-05,the National Historic Preservation Act,the State Environmental Policy Act,the o
National Environmental Policy Act, and any local laws as may apply. If another
governmental agency is responsible in whole or in part for this review the Sponsor shall
assist with such review. f°
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b. Tribal Consultation. For project areas not reviewed by a permitting authority(see above),
prior to implementing in the project area any ground disturbance, altering or demolishing
structures or other property appurtenances, removing or altering vegetation,geologic a-
elements, or waterways, or impacting wildlife, in and adjacent to the project area, areas
where project mitigation shall occur, or any other areas that may be affected by project
implementation, Sponsor shall conduct tribal consultation with any interested or affected
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tribes as defined above. .
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c. Reporting to RCO and Approval of Project Activities. Sponsor shall provide RCO evidence
(which RCO shall prescribe)that it has conducted project review and tribal consultation asCL
v
described and receive written approval of such review and consultation from RCO prior to
Sponsor implementing in the project area any ground disturbance, altering or demolishing
structures or other property appurtenances, removing or altering vegetation,geologic E
E
elements, or waterways, or impacting wildlife, in and adjacent to the project area, areas U
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8.E.a
where project mitigation shall occur, or any other areas that may be affected by project
implementation.
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d. Changes to Project. RCO reserves the right to request Sponsor change its scope of work and r_
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project outcomes to avoid, mitigate, or minimize impacts to archeological, cultural, and
historic resources. U
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e. Termination. RCO retains the right at any time to terminate a project due to anticipated or °o
actual impacts to archaeology and cultural resources.
O
f. Monitoring. RCO may require on-site monitoring for impacts to archeology, cultural, and c
historic resources during any demolition, construction, land clearing, restoration, or repair u_
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work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology, o
cultural, and historical resource impacts or concerns. f°
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g. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO v
Inadvertent Discovery Plan (IDP), and keep the IDP at the project site, make the IDP readily L
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available to anyone working at the project site, discuss the IDP with staff and contractors
working at the project site, and Implement the IDP when cultural resources or human
remains are found at the project site.
h. Discovery. If any archeological or historic resources are found while conducting work under
this Agreement,the Sponsor shall immediately stop work and notify the property owner, m
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RCO,the Department of Archaeology and Historic Preservation at (360) 586-3064, and any M
affected Tribe, and stop any activity that may cause further disturbance to the archeological
or historic resources until such time as the reviewing authority with jurisdiction over the
found object(s) and areas notifies Sponsor and RCO that work can resume. o
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i. Human Remains. If any human remains are found while conducting work under this
Agreement, Sponsor shall immediately stop work and notify the local Law f°
c�
Enforcement Agency or Medical Examiner/Coroner's Office, and then RCO, all in the O
most expeditious manner, and stop any activity that may cause disturbance to the
remains. Sponsor shall secure the area of the find will and protect the remains from
further disturbance until the RCO provides a new notice to proceed on the project. a-
Any human remains discovered shall not be touched, moved, or further disturbed
unless directed by RCO or the Department of Archaeology and Historic Preservation
(DAHP). The county medical examiner/coroner will assume jurisdiction over the
m
human skeletal remains and make a determination of whether those remains are
forensic or non-forensic. If the county medical examiner/coroner determines the a
remains are non-forensic,then they will report that finding to the Department of w
Archaeology and Historic Preservation (DAHP)who will then take jurisdiction over the
remains.The DAHP will notify any appropriate cemeteries and all affected tribes of
the find.The State Physical Anthropologist will make a determination of whether the
remains are Indian or Non-Indian and report that finding to any appropriate
E
cemeteries and the affected tribes.The DAHP will then handle all consultation with U
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the affected parties as to the future preservation, excavation, and disposition of the
remains and the resumption of work.
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8. Project Areas on State or Federal Property Not Owned By Sponsor. c
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Categorical Exemption. For project area(s) owned by a state or federal agency, and not under U
review via a permitting nexus (see above),the state or federal agency landowner performing
L
archeological, cultural, and historic resources review and tribal consultation shall make the 0
0
determination that the project, in whole or in part, is covered by a categorical exemption, and
may notify and report such to the Sponsor, or to RCO on behalf of Sponsor. O
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Project Review and Tribal Consolation. If the project is not categorical exception to
archeological, cultural, and historical resources review and tribal consultation, and the project r_
0
area is located on property owned by the State of Washington or a federal agency, Sponsor
shall:
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a. Follow its own policies and procedures, rules, and any applicable laws,for the review,
U
protection, and management of archaeological, cultural, and historic resources, and tribal
consultation and other consultations as may apply.
c
b. Assist the land owner and other applicable agencies, and the RCO, with its/their review of 0
archaeological, cultural and historic resources, and tribal consultation for the project area.
0
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i. RCO may consult directly with the landowner to complete land owner project review
and tribal consultation.
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c. Provide RCO evidence that the landowner has 1) conducted archeological, cultural and
historic resources review and tribal consultation according to its policies and procedures and 0
applicable laws, and 2) provided Sponsor with permission to begin project implementation
in the project area owned by the state or federal agency.
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d. Changes to Project. RCO reserves the right to request Sponsor change its scope of work and 0
U
project outcomes to avoid, mitigate, or minimize impacts to archeological, cultural, and
historic resources.
a
e. Termination. RCO retains the right at an time to terminate a project due to anticipated or
g Y p J p a
actual impacts to archaeology and cultural resources. Ni
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f. Monitoring. RCO or the federal or state landowner may require on-site monitoring for
impacts to archeology and cultural resources during any demolition, construction, land a
clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or c
avoid impacts to archaeology and cultural resource impacts or concerns.
0_
g. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO
Inadvertent Discovery Plan (IDP), and keep the IDP at the project site, make the IDP readily E
available to anyone working at the project site, discuss the IDP with staff and contractors U
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working at the project site, and Implement the IDP when cultural resources or human
remains are found at the project site.
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h. Discovery. If any archeological or historic resources are found while conducting work under G
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this Agreement,the Sponsor shall immediately stop work and notify the property owner,
RCO,the Department of Archaeology and Historic Preservation at(360) 586-3064, and any
affected Tribe, and stop any activity that may cause further disturbance to the archeological
`o
or historic resources. o
i. Human Remains. If any human remains are found while conducting work under this O
Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement c
Agency or Medical Examiner/Coroner's Office, and then RCO, all in the most expeditious u_
c
manner, and stop any activity that may cause disturbance to the remains. Sponsor shall o
secure the area of the find will and protect the remains from further disturbance until f°
the RCO provides a new notice to proceed on the project. Any human remains N
discovered shall not be touched, moved, or further disturbed unless directed by RCO or v
the Department of Archaeology and Historic Preservation (DAHP). The county medical 2
m
examiner/coroner will assume jurisdiction over the human skeletal remains and make a
determination of whether those remains are forensic or non-forensic. If the county
medical examiner/coroner determines the remains are non-forensic,then they will
report that finding to the Department of Archaeology and Historic Preservation (DAHP)
who will then take jurisdiction over the remains.The DAHP will notify any appropriate _J
cemeteries and all affected tribes of the find.The State Physical Anthropologist will ca
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make a determination of whether the remains are Indian or Non-Indian and report that M
finding to any appropriate cemeteries and the affected tribes.The DAHP will then
handle all consultation with the affected parties as to the future preservation,
excavation, and disposition of the remains. o
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9. Costs. Costs associated with Sponsor's responsibilities under this section of the Agreement are
eligible for reimbursement under this Agreement. Costs that exceed the budget grant amount f°
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shall be the responsibility of the Sponsor. O
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10. RECORDS.
a
a. Digital Records. If requested by RCO,the Sponsor must provide a digital file(s) of the project a
property and funded project site in a format specified by the RCO. Ni
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b. Maintenance and Retention.The Sponsor shall maintain books, records, documents, data and
other evidence relating to this Agreement and performance of the services described herein, a
including but not limited to accounting procedures and practices which sufficiently and properly -a
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reflect all direct and indirect costs of any nature expended in the performance of this
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Agreement. Sponsor shall retain such records for a period of nine years from the date RCO
deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any
litigation, claim or audit is started before the expiration of the nine (9)year period, the records E
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shall be retained until all litigation, claims, or audit findings involving the records have been
resolved.
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c. In order to satisfy 15 CFR 24.42(b) & (c) and 2 CFR 200.333, for projects that contain Pacific 0
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Coast Salmon Recovery Funds or are used as match to Pacific Coast Salmon Recovery Funds the
sponsor shall retain records for a period of nine years from the date RCO deems the project
complete as defined in the PROJECT REIMBURSEMENTS Section. `o
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d. Access to Records and Data. At no additional cost,the records relating to the Agreement,
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including materials generated under the Agreement, shall be subject at all reasonable times to
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inspection, review or audit by RCO, personnel duly authorized by RCO,the Office of the State
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Auditor, and federal and state officials so authorized by law, regulation or agreement.This o
includes access to all information that supports the costs submitted for payment under the
grant and all findings, conclusions, and recommendations of the Sponsor's reports, including
computer models and methodology for those models. o
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e. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this
Agreement and any records Sponsor submits or has submitted to the State shall be a public
record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and c
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420-04 (which ever applies).Additionally,the Sponsor agrees to disclose any information in
regards to the expenditure of that funding as if the project sponsor were subject to the 0
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requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor
understands that the State may be requested to disclose or copy that record under the state rn
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public records law, currently codified at RCW 42.56.The Sponsor warrants that it possesses such
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legal rights as are necessary to permit the State to disclose and copy such document to respond g
to a request under state public records laws.The Sponsor hereby agrees to release the State '
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from any claims arising out of allowing such review or copying pursuant to a public records act
request, and to indemnify against any claims arising from allowing such review or copying and
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pay the reasonable cost of state's defense of such claims.
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11. PROJECT FUNDING. O
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a. Authority. This Agreement and funding is made available to Sponsor through the RCO. c`c
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b. Additional Amounts.The RCO or Funding Entity shall not be obligated to pay any amount a
beyond the dollar amount as identified in this Agreement, unless an additional amount has been
approved in advance by the RCO director and incorporated by written amendment into this m
Agreement .
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c. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the
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project start date shall be eligible for grant funds, in whole or in part, unless specifically a
provided for by the RCO director, such as a waiver of retroactivity or program specific eligible
pre-Agreement costs. For reimbursements of such costs, this Agreement must be fully executed
and an original received by RCO.The dollar amounts identified in this Agreement may be E
reduced as necessary to exclude any such expenditure from reimbursement. r
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d. Requirements for Federal Subawards. Pre-Agreement costs before the federal award date in the
FEDERAL FUND INFORMATION Section are ineligible unless approved by the federal award J
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agency(2 C.F.R § 200.458 (2013)). o
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e. After the Period of Performance. No expenditure made, or obligation incurred,following the W
period of performance shall be eligible, in whole or in part,for grant funds hereunder. In `o
addition to any remedy the RCO or Funding Entity may have under this Agreement, the grant o
amounts identified in this Agreement shall be reduced to exclude any such expenditure from
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participation.
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12. PROJECT REIMBURSEMENTS. u_
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a. Reimbursement Basis.This Agreement is administered on a reimbursement basis per WAC 286-
13 and/or 420-12,whichever has been designated to apply. Only the primary Sponsor may
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request reimbursement for eligible and allowable costs incurred during the period of o
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performance.The primary Sponsor may only request reimbursement after(1)this Agreement
has been fully executed and (2)the Sponsor has remitted payment to its vendors. RCO will
authorize disbursement of project funds only on a reimbursable basis at the percentage as
defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any
expenditure not incurred by the Sponsor or for a donation used as part of its matching share.
RCO does not reimburse for donations. All reimbursement requests must include proper J
documentation of expenditures as required by RCO. t°
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b. Reimbursement Request Frequency.The primary Sponsor is required to submit a o
reimbursement request to RCO, at a minimum for each project at least once a year for
reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. 0
Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding
reimbursement requirements.
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c. Compliance and Payment.The obligation of RCO to pay any amount(s) under this Agreement is O
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expressly conditioned on strict compliance with the terms of this Agreement and other
agreements between RCO and the Sponsor. c`c
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d. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the a
total amount of the grant to the Sponsor until the following has occurred:
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i. RCO has accepted the project as a completed project, which acceptance shall
not be unreasonably withheld. a
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ii. On-site signs are in place (if applicable); Any other required documents and
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media are complete and submitted to RCO;Grant related fiscal transactions are a
complete, and
iii. RCO has accepted a final boundary map of the project area for which the
Agreement terms will apply in the future. E
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iv. A Notice of Grant for any property rights acquired or donated (if applicable)
have been filed with the county lands records office (or United State
Government) and a stamped copy received by RCO, and any property rights J
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owned to RCO have been likewise recorded.
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e. Requirements for Federal Subawards: Match.The Sponsor's matching share must comply with 2
C.F.R. § 200.306 (2013).Any shared costs or matching funds and all contributions, including cash L
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and third-party in-kind contributions, can be accepted as part of the Sponsor's matching share 0
when such contributions meet all of the following criteria:
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i. Are verifiable from the non-Federal entity's (Sponsor's) records;
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ii. Are not included as contributions for any other Federal award; r_
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iii. Are necessary and reasonable for accomplishment of project or program objectives;
iv. Are allowable under 2 C.F.R. Part 200, Subpart E—Cost Principles (2013);
V. Are not paid by the Federal Government under another Federal award, except where o
the Federal statute authorizing a program specifically provides that Federal funds made U
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available for such program can be applied to matching or cost sharing requirements of
other Federal programs;
vi. Are provided for in the approved budget when required by the Federal awarding agency c
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identified in the FEDERAL FUND INFORMATION Section of this Agreement; and
vii. Conform to other provisions of 2 C.F.R. Part 200, Subpart D—Post Federal Award 0
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Requirements (2013), as applicable.
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f. Requirements for Federal Subawards: Close out. Per 2 C.F.R § 200.343 (2013),the non-Federal
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entity(Sponsor) must: g
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i. Submit, no later than 90 calendar days after the end date of the period of performance,
all financial, performance, and other reports as required by the terms and conditions of
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the Federal award.The Federal awarding agency or pass-through entity(RCO) may
approve extensions when requested by the Sponsor. O
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ii. Liquidate all obligations incurred under the Federal award not later than 90 calendar v
days after the end date of the period of performance as specified in the terms and L
conditions of the Federal award. a
iii. Refund any balances of unobligated cash that the Federal awarding agency or pass- L
through entity (RCO) paid in advance or paid and that are not authorized to be retained N
by the non-Federal entity (Sponsor)for use in other projects. See OMB Circular A-129
and see 2 C.F.R § 200.345 Collection of amounts due (2013),for requirements regarding
unreturned amounts that become delinquent debts. f°
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iv. Account for any real and personal property acquired with Federal funds or received
from the Federal Government in accordance with 2 C.F.R §§ 200.310 Insurance coverage
through 200.316 Property rust relationship and 200.329 Reporting on real property 0-
(2013).
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8.E.a
13. ADVANCE PAYMENTS.
Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO
director and are consistent with legal requirements and Manual 8: Reimbursements. J
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14. RECOVERY OF PAYMENTS. c
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a. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this
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Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, 0
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or meet its percentage of the project total, RCO reserves the right to recover grant award funds
in the amount equivalent to the extent of noncompliance in addition to any other remedies O
available at law or in equity.
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b. Return of Overpayments.The Sponsor shall reimburse RCO for any overpayment or erroneous 0
payments made under the Agreement. Repayment by the Sponsor of such funds under this
recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate
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of twelve percent(12%) per annum from the time the Sponsor received such overpayment. 0
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Unless the overpayment is due to an error of RCO, the payment shall be due and owing on the
date that the Sponsor receives the overpayment from the RCO. If the payment is due to an 0
error of RCO, it shall be due and owing 30 days after demand by RCO for refund.
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c. Requirements for Federal Subawards. RCO, acting as a pass-through entity, may impose any of
the remedies as authorized in 2 C.F.R§§ 200.207 Specific conditions and/or 200.338 Remedies J
for noncompliance (2013). t°
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15. COVENANT AGAINST CONTINGENT FEES.
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The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure
this Agreement on an agreement or understanding for a commission, percentage, brokerage or '
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contingent fee, excepting bona fide employees or bona fide established agents maintained by the
Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this
clause by the Sponsor, to terminate this Agreement without liability or, in its discretion,to deduct from
the Agreement grant amount or consideration or recover by other means the full amount of such O
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commission, percentage, brokerage or contingent fee. L)
16. INCOME (AND FEES)AND USE OF INCOME. a
See WAC 286-13-110 for additional requirements for projects funded from the RCFB.
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Income. Ni
a. Farm and Forest Account (Farmland and Forestland Preservation Grants). Excepted from this
section is income generated and fees paid on/for properties which received funds from the
Farm and Forest Account (RCW 79A.15.130). FL
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b. Firearms and Archery Range Recreation Projects. Excepted from this section are safety classes a
(firearm and/or hunter)for which a facility/range fee must not be charged (RCW 79A.25.210).
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c. Compatible source.The source of any income generated in a funded project or project area
must be compatible with the funding source and the Agreement and any applicable manuals,
RCWs, and WACs. J
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d. Use of Income. Subject to any limitations contained in applicable state or federal law and
applicable rules and policies, income or fees generated at a project work site (including
entrance, utility corridor permit, cattle grazing, timber harvesting,farming, rent,franchise fees, `o
ecosystem services, etc.) during or after the reimbursement period cited in the Agreement, o
must be used to offset:
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i. The Sponsor's matching resources;
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ii. The project's total cost; o
iii. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the
facility or program assisted by the grant funding;
iv. The expense of operation, maintenance, stewardship, monitoring, and/or repair of o
other similar units in the Sponsor's system; U
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V. Capital expenses for similar acquisition and/or development and renovation; and/or
vi. Other purposes explicitly approved by RCO.
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e. Fees. User and/or other fees may be charged in connection with land acquired or facilities
developed, maintained, renovated, or restored and shall be consistent with the:
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i. Grant program laws, rules, and applicable manuals; rn
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ii. Value of any service(s)furnished;
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iii. Value of any opportunities furnished; and g
iv. Prevailing range of public fees in the state for the activity involved. '
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f. Requirements for Federal Subawards. Sponsors must also comply with 2 C.F.R. § 200.307
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Program income (2013).
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17. PROCUREMENT REQUIREMENTS. O
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a. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process c`c
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that follows applicable state and/or federal law or procurement rules and principles, it must be >,
followed, documented, and retained. If no such process exists the Sponsor must follow these a
minimum procedures: Ni
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i. Publish a notice to the public requesting bids/proposals for the project;
ii. Specify in the notice the date for submittal of bids/proposals; a
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iii. Specify in the notice the general procedure and criteria for selection; and
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iv. Sponsor must contract or hire from within its bid pool. If bids are unacceptable the a
process needs to be repeated until a suitable bid is selected.
V. Comply with the same legal standards regarding unlawful discrimination based upon
race, gender, ethnicity, sex, or sex-orientation that are applicable to state agencies in E
selecting a bidder or proposer. Alternatively, Sponsor may choose a bid from a bidding r
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8.E.a
cooperative if authorized to do so.This procedure creates no rights for the benefit of
third parties, including any proposers, and may not be enforced or subject to review of
any kind or manner by any entity other than the RCO. Sponsors may be required to J
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certify to the RCO that they have followed any applicable state and/or federal 0
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procedures or the above minimum procedure where state or federal procedures do not
apply. m
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b. Requirements for Federal Subawards. o
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i. For all Federal subawards, non-Federal entities(Sponsors) must follow 2 C.F.R §§200.318
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General procurement standards through 200.326 Contract Provisions (2013).
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ii. For RTP subawards, Sponsors shall follow such policies and procedures allowed by the State
when procuring property and services under a Federal award (2 C.F.R§ 1201.317 (2013)).
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18. TREATMENT OF EQUIPMENT AND ASSETS. o
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a. Equipment shall be used and managed only for the purpose of this Agreement, unless
otherwise provided herein or in the applicable manuals, or approved by RCO in writing.
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b. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of
the Sponsor for the duration of the project, or RULES of applicable grant assisted program. J
When the Sponsor discontinues use of the equipment for the purpose for which it was funded,
RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment M
according to RCO published policies. o
c. Loss or Damage.The Sponsor shall be responsible for any loss or damage to equipment. ,0n
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d. Requirements for Federal Subawards. Procedures for managing equipment (including
replacement equipment), whether acquired in whole or in part under a Federal award or match 0
for the award, until disposition takes place will, at a minimum, meet the following requirements O
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(2 C.F.R § 200.313 (2013)):
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i. Property records must be maintained that include a description of the property, a serial >,
number or other identification number,the source of funding for the property (including the a
Federal Award Identification Number), who holds title,the acquisition date, and cost of the
property, percentage of Federal participation in the project costs for the Federal award m
under which the property was acquired,the location, use and condition of the property, and
any ultimate disposition data including the date of disposal and sale price of the property. a
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ii. A physical inventory of the property must be taken and the results reconciled with the
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property records at least once every two years. a
iii. A control system must be developed to ensure adequate safeguards to prevent loss,
damage, or theft of the property.Any loss, damage, or theft must be investigated.
iv. Adequate maintenance procedures must be developed to keep the property in good E
condition. U
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V. If the non-Federal entity is authorized or required to sell the property, proper sales
procedures must be established to ensure the highest possible return.
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e. Requirements for RTP Subawards. o
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i. The subrecipient (Sponsor)shall follow such policies and procedures prescribed by and
allowed by the State, as well as federal law and federal rules issued by the Federal Highways `o
Administration and 2 CFR 200. o
19. RIGHT OF INSPECTION. O
The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other
authorized agent or official of the state of Washington or the federal government, at all reasonable u_
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times, in order to monitor and evaluate performance, long-term obligations, compliance, and/or quality
assurance under this Agreement. If a landowner agreement or other form of control and tenure limits
access to the project area, it must include (or be amended to include)the RCO's right to inspect and
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access lands acquired or developed with this funding assistance. o
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20. STEWARDSHIP AND MONITORING.
Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and
manuals, this Agreement, or as otherwise directed by RCO consistent with the existing laws and
applicable manuals. Sponsor further agrees to utilize,where applicable and financially feasible, any
monitoring protocols recommended by the RCO; provided that RCO does not represent that any
monitoring it may recommend will be adequate to reasonably assure project performance or safety. It
is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for M
such purposes.
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21. PREFERENCES FOR RESIDENTS.
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence �°,
(including preferential reservation, membership, and/or permit systems) except that reasonable
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differences in admission and other fees may be maintained on the basis of residence. Fees for
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nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents, c9
but a fee is charged to nonresidents,the nonresident fee shall not exceed the amount that would be O
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imposed on residents at comparable state or local public facilities.
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22. ACKNOWLEDGMENT AND SIGNS. a-
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a. Publications.The Sponsor shall include language which acknowledges the funding contribution
of the applicable grant program to this project in any release or other publication developed or
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modified for, or referring to, the project during the project period and in the future.
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b. Signs.
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i. During the period of performance through the period of long-term obligation,the Sponsor
shall post openly visible signs or other appropriate media at entrances and other locations
on the project area that acknowledge the applicable grant program's funding contribution, E
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unless waived by the director; and U
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ii. During the period of long-term obligations, the Sponsor shall post openly visible signs or
other appropriate media at entrances and other locations to notify the public of the
availability of the site for reasonable public access. J
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c. Ceremonies.The Sponsor shall notify RCO no later than two weeks before a dedication
ceremony for this project.The Sponsor shall verbally acknowledge the applicable grant
program's funding contribution at all dedication ceremonies and in all advertisements and
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mailings thereof, and any and all of its related digital media publications. 0
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d. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid
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solicitations, and other documents describing a project funded in whole or in part with federal
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money provided for in this grant, Sponsors shall clearly state: o
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i. The fund source;
ii. The percentage of the total costs of the project that is financed with federal money; o
iii. The dollar amount of federal funds for the project; and U
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iv. The percentage and dollar amount of the total costs of the project that is financed by
nongovernmental sources.
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23. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION,AND RESTORATION 0
PROJECTS.
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a. The following provisions shall be in force:
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i. Operations and Maintenance. Properties, structures, and facilities developed, maintained, _
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or operated with the assistance of money granted per this Agreement and within the
project area shall be built,operated, and maintained according to applicable regulations, 0
laws, building codes, and health and public safety standards to assure a reasonably safe
condition and to prevent premature deterioration. It is the Sponsor's sole responsibility to
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ensure the same are operated and maintained in a safe and operable condition.The RCO
does not conduct safety inspections or employ or train staff for that purpose. O
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ii. Document Review and Approval. Prior to commencing construction or finalizing the design,
the Sponsor agrees to submit one copy of all construction and restoration plans and c`c
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specifications to RCO for review solely for compliance with the scope of work to be >,
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identified in the Agreement. RCO does not review for, and disclaims any responsibility to a
review for safety, suitability, engineering, compliance with code, or any matters other than
the scope so identified.Although RCO staff may provide tentative guidance to a Sponsor on m
matters related to site accessibility by persons with a disability, it is the Sponsor's
responsibility to confirm that all legal requirements for accessibility are met even if the RCO a
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guidance would not meet such requirements.
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b. Change orders that impact the amount of funding or changes to the scope of the project as
described to and approved by the RCO must receive prior written approval of the RCO.
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c. Control and Tenure.The Sponsor must provide documentation that shows appropriate tenure
and term (such as long-term lease, perpetual or long-term easement, or perpetual or long-term
fee simple ownership, or landowner agreement or interagency agreement for the land proposed J
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for construction, renovation, or restoration.The documentation must meet current RCO °
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requirements identified in this Agreement as of the effective date of this Agreement unless
otherwise provided in any applicable manual, RCW,WAC, or as approved by the RCO.
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d. Use of Best Management Practices. Sponsors are encouraged to use best management practices 0
including those developed as part of the Washington State Aquatic Habitat Guidelines (AHG)
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Program. AHG documents include "Integrated Streambank Protection Guidelines", 2002; "Land
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Use Planning for Salmon, Steelhead and Trout: A land use planner's guide to salmonid habitat
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protection and recovery", 2009", "Protecting Nearshore Habitat and Functions in Puget Sound", o
2010; "Stream Habitat Restoration Guidelines", 2012; "Water Crossing Design Guidelines", 2013;
and "Marine Shoreline Design Guidelines", 2014.These documents, along with new and
updated guidance documents, and other information are available on the AHG Web site. o
Sponsors are also encouraged to use best management practices developed by the Washington v
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Invasive Species Council (WISC) described in "Reducing Accidental Introductions of Invasive
Species"which is available on the WISC Web site.
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e. At no time shall the Sponsor design, construct, or operate this grant funded project in a way that
unreasonably puts the public, itself, or others at risk of injury or property damage. The Sponsor
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agrees and acknowledges that the Sponsor is solely responsible for safety and risk associated
with the project,that RCO does not have expertise, capacity, or a mission to review, monitor, or rn
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inspect for safety and risk,that no expectation exists that RCO will do so, and that RCO is in no
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way responsible for any risks associated with the project. g
24. PROVISIONS APPLYING TO ACQUISITION PROJECTS.
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a. The following provisions shall be in force:
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i. Evidence of Land Value. Before disbursement of funds by RCO as provided under this O
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Agreement,the Sponsor agrees to supply documentation acceptable to RCO that the cost of
the property rights acquired has been established according to all applicable manuals and c
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RCWs or WACs. >,
ii. Evidence of Title.The Sponsor agrees to provide documentation that shows the type of a
ownership interest for the property that has been acquired.This shall be done before any
payment of financial assistance. m
iii. Legal Description of Real Property Rights Acquired.The legal description of any real property
rights purchased with funding assistance provided through this Agreement (and protected a
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by a recorded conveyance of rights to the State of Washington) shall be delivered to RCO
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before final payment. a
iv. Conveyance of Rights to the State of Washington. When real property rights (both fee
simple and lesser interests) are acquired,the Sponsor agrees to execute an appropriate
document (provided or approved by RCO) conveying certain rights and responsibilities to E
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state, or federal agency, or other organization. These documents include a Deed of Right,
Assignment of Rights, Easements and/or Leases as described below.The Sponsor agrees to
use document language provided by RCO,to record the executed document in the County J
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where the real property lies, and to provide a copy of the recorded document to RCO.The 0
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document required will vary depending on the project type,the real property rights being
acquired and whether or not those rights are being acquired in perpetuity.
V. Deed of Right.The Deed of Right as described in RCO Manual#3 conveys to the people of
0
the state of Washington the right to preserve, protect, access, and/or use the property for 0
public purposes consistent with the funding source and project agreement. Sponsors shall
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use this document when acquiring real property rights that include the underlying land.This
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document may also be applicable for those easements where the Sponsor has acquired a
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perpetual easement for public purposes. o
vi. Assignment of Rights.The Assignment of Rights as described in RCO Manual#3 document
transfers certain rights to RCO and the state such as public access, access for compliance,
and enforcement. Sponsors shall use this document when an easement or lease is being o
acquired under this Agreement.The Assignment of Rights requires the signature of the U
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underlying landowner and must be incorporated by reference in the easement document.
vii. Easements and Leases.The Sponsor may incorporate required language from the Deed of
Right or Assignment of Rights directly into the easement or lease document,thereby c
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eliminating the requirement for a separate document. Language will depend on the
situation; Sponsor must obtain RCO approval on the draft language prior to executing the 0
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easement or lease.
viii. Real Property Acquisition and Relocation Assistance. In the event that housing and rn
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relocation costs and procedures are required by local, state, tribal, or federal law, or rule;
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the Sponsor agrees to provide such housing and relocation assistance as a condition of the g
Agreement and receiving grant funds. '
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b. Buildings and Structures. In general, grant funds are to be used for outdoor recreation,
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conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures.
Sponsor must consult with RCO regarding treatment of such structures and compliance with O
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COMPLIANCE WITH APPLICABLE LAW SECTION,Archeological and Cultural Resources paragraph. v
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c. Hazardous Substances. a
i. Certification.The Sponsor shall inspect, investigate, and conduct an environmental audit L
of the proposed acquisition site for the presence of hazardous substances, as defined in N
RCW 70.105D.020(13), and certify:
ii. No hazardous substances were found on the site, or
iii. Any hazardous substances found have been treated and/or disposed of in compliance f°
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with applicable state and federal laws, and the site deemed "clean."
iv. Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities
regarding hazardous substances as set forth in RCW 70.105D.V. Hold Harmless.The Sponsor will defend, protect and hold harmless the State and any
and all of its employees and/or agents, from and against any and all liability, cost
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(including but not limited to all costs of defense and attorneys' fees) and any and all loss
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of any nature from any and all claims or suits resulting from the presence of, or the
release or threatened release of, hazardous substances on the property the Sponsor is
acquiring, except to the extent, if any,that the State, its officers and agents caused or J
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contributed to the release .The Funding Entity and RCO are included within the term
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State, as are all other agencies, departments, boards, councils, committees, divisions,
bureaus, offices, societies, or other entities of state government. W
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d. Requirements for Federal Subawards.The non-federal entity (Sponsor) must submit reports the 0
federal funding agency,through RCO, at least annually on the status of real property in which
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the federal government retains an interest, unless the federal interest in the real property
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extends 15 years or longer. In those instances where the federal interest attached is for a period
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of 15 years or more, the federal awarding agency or the pass-through entity(RCO), at its option, o
may require the Sponsor to report at various multi-year frequencies(e.g., every two years or
every three years, not to exceed a five-year reporting period; or a federal awarding agency or
RCO may require annual reporting for the first three years of a federal award and thereafter o
require reporting every five years) (2 C.F.R § 200.329 (2013)). U
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e. Developing and Restoring Purchased Property. If the Sponsor intends to develop or restore the
property acquired it shall do so within the timeline and deadline provided by the funding c
program or board policies that apply to the grant funded project, or as provided for in this
Agreement.
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25. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS.
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a. Long-Term Obligations.This section applies to completed projects only. o
b. Perpetuity. For acquisition, development, and restoration projects, or a combination thereof, 0
unless otherwise allowed by applicable manual, policy, program rules, or this Agreement, or
approved in writing by RCO. The RCO requires that the project area continue to function for the
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purposes for which these grant funds were approved, in perpetuity.
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c. Conversion.The Sponsor shall not at any time convert any real property(including any interest
therein) or facility acquired, developed, renovated, and/or restored pursuant to this c
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Agreement, unless provided for in applicable statutes, rules, and policies. Conversion includes, >,
but is not limited to, putting such property(or a portion of it)to uses other than those purposes a
for which funds were approved or transferring such property to another entity without prior
approval via a written amendment to the Agreement.All real property or facilities acquired, m
developed, renovated, and/or restored with funding assistance shall remain in the same
ownership and in public use/access status in perpetuity unless otherwise expressly provided in a
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the Agreement or applicable policies or unless a transfer or change in use is approved by the
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RCO through an amendment. Failure to comply with these obligations is a conversion. Further, if a
the project is subject to operation and or maintenance obligations,the failure to comply with
such obligations, without cure after a reasonable period as determined by the RCO, is a
conversion. Determination of whether a conversion has occurred shall be based upon all terms E
of the Agreement, and all applicable state of federal laws or regulation. r
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i. For acquisition projects that are expressly term-limited in the Agreement,the restriction on
conversion shall apply only for the length of the term, unless otherwise provided by this J
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Agreement and incorporated documents, WACs, or any applicable state or federal law or
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regulation.
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ii. When a conversion has been determined to have occurred, the Sponsor shall remedy the c
conversion as set forth in this Agreement (with incorporated documents) and as required by 0
all applicable policies, manuals, WACs and laws that exist at the time the remedy is
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implemented or the right to the remedy is established by a court or other decision-making
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body, and the RCO may pursue all remedies as allowed by the Agreement or law.
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26. CONSTRUCTION, OPERATION, USE,AND MAINTENANCE OF ASSISTED PROJECTS.
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a. The following provisions shall be in force for this agreement:
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i. Property and facility operation and maintenance. Sponsor must ensure that properties or
facilities assisted with the grant funds, including undeveloped sites, are built, operated,
used, and maintained:
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a. According to applicable federal, state, and local laws and regulations, including
public health standards and building codes; J
b. In a reasonably safe condition for the project's intended use;
c. Throughout its estimated useful service life so as to prevent undue deterioration; M
d. In compliance with all federal and state nondiscrimination laws, regulations and o
policies.
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ii. Open to the public. Unless otherwise specifically provided for in the Agreement, and in
compliance with applicable statutes, rules, and applicable WACs and manuals,facilities must
be open and accessible to the general public, and must:
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a. Be constructed, maintained, and operated to meet or exceed the minimum
requirements of the most current guidelines or rules, local or state codes, Uniform c
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Federal Accessibility Standards, guidelines, or rules, including but not limited to:the >,
International Building Code, the Americans with Disabilities Act, and the a
Architectural Barriers Act, as amended and updated.
b. Appear attractive and inviting to the public except for brief installation, m
construction, or maintenance periods.
c. Be available for appropriate use by the general public at reasonable hours and times a
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of the year, according to the type of area or facility, unless otherwise stated in RCO
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manuals or, by a decision of the RCO director in writing. Sponsor shall notify the a
public of the availability for use by posting and updating that information on its 0
website and by maintaining at entrances and/or other locations openly visible signs
with such information. E
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27. RECORDED NOTICE OF GRANT.
At the request of RCO, another state agency, or a federal agency,Sponsor shall record a notice of grant
on property subject to this Agreement and shall submit to the RCO a recorded and registry stamped J
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copy of such notice.The purpose of the notice of grant is to provide constructive notice of the grant and 0
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project and to ensure that the present and future use of the project area is and shall remain subject to
the terms and conditions described in this Agreement.The notice of grant shall be in a format specified
by RCO.
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28. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS.
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a. A corporate Sponsor, including any nonprofit Sponsor, shall: 3
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i. Maintain corporate status with the state, including registering with the Washington 0
Secretary of State's office,throughout the Sponsor's obligation to the project as identified in
the Agreement. u0i
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ii. Notify RCO before corporate dissolution at any time during the period of performance or 0
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long-term obligations.Within 30 days of dissolution the Sponsor shall name a qualified
successor that will agree in writing to assume any on-going project responsibilities, and
transfer all property and assets to the successor. A qualified successor is any party eligible to
apply for funds in the subject grant program and capable of complying with the terms and
conditions of this Agreement. RCO will process an amendment transferring the Sponsor's
obligation to the qualified successor if requirements are met. J
iii. Maintain sites or facilities open to the public and may not limit access to members.
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29. PROVISIONS FOR FEDERAL SUBAWARDS.
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The following provisions shall be in force for this agreement: '
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a. Sub-Recipient (Sponsor) must comply with the cost principles of 2 C.F.R. Part 200 Subpart E
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(2013). Unless otherwise indicated, the cost principles apply to the use of funds provided under
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this Agreement to include match and any in-kind matching donations.The applicability of the c9
cost principles depends on the type of organization incurring the costs. 0 v
b. Binding Official. Per 2 CFR 200.415, Sponsor certifies through its actions or those of authorized a
staff, at the time of a request for reimbursement, the following: "To the best of my knowledge
and belief that the report is true, complete, and accurate, and the expenditures, disbursements
and cash receipts are for the purposes and objectives set forth in the terms and conditions of
the Federal award. I am aware that any false, fictitious, or fraudulent information, or the
omission of any material fact, may subject me to criminal, civil or administrative penalties for
fraud,false statements,false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, a
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Sections 3729-3730 and 3801-3812)."
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c. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all
contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in z
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accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319,
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12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing
regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal J
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Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, paragraph C. 0
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d. Federally Assisted Construction Contract.The regulation at 41 C.F.R. § 60-1.3 defines a
"federally assisted construction contract" as any agreement or modification thereof between `o
any applicant and a person for construction work which is paid for in whole or in part with funds 0
obtained from the Government or borrowed on the credit of the Government pursuant to any
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Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken
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pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee,
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or any application or modification thereof approved by the Government for a grant, contract, o
loan, insurance, or guarantee under which the applicant itself participates in the construction
work.
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e. Construction Work.The regulation at 41 C.F.R. § 60-1.3 defines "construction work" as the U
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construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings,
highways, or other changes or improvements to real property, including facilities providing
utility services.The term also includes the supervision, inspection, and other onsite functions c
incidental to the actual construction.
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f. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal program
legislation, all prime construction contracts in excess of$2,000 awarded by non-federal entities rn
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(Sponsors) must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
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3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards g
Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In o
accordance with the statute, contractors must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage determination made
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by the Secretary of Labor. In addition, contractors must be required to pay wages not less than
once a week.The non-federal entity (Sponsor) must place a copy of the current prevailing wage O
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determination issued by the Department of Labor in each solicitation.The decision to award a v
contract or subcontract must be conditioned upon the acceptance of the wage determination. L
The non-Federal entity (Sponsor) must report all suspected or reported violations to the federal a
awarding agency identified in the Federal Fund Information Section.The contracts must also L
include a provision for compliance with the Copeland "Anti-Kickback"Act (40 U.S. C. 3145), as y
supplemented by Department of Labor regulations (29 C.F.R Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States").The Act provides that each contractor or subrecipient (Sponsor) a
must be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or she
is otherwise entitled.The non-Federal entity(Sponsor) must report all suspected or reported Q-
violations to the Federal awarding agency identified in Section H: FEDERAL FUND
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INFORMATION.
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g. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-federal entity (Sponsor) in excess of$100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. J
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3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under
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40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the m
standard work week is permissible provided that the worker is compensated at a rate of not less c
than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the 0
work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
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provide that no laborer or mechanic must be required to work in surroundings or under working
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conditions which are unsanitary, hazardous or dangerous.These requirements do not apply to
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the purchases of supplies or materials or articles ordinarily available on the open market, or o
contracts for transportation or transmission of intelligence.
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h. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the o
definition of"funding agreement" under 37 C.F.R §401.2(a) and the recipient or subrecipient U
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(Sponsor) wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement,"the recipient or subrecipient c
(Sponsor) must comply with the requirements of 37 C.F.R Part 401, "Rights to Inventions Made
by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
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Cooperative Agreements," and any implementing regulations issued by the awarding agency.
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i. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
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1251-1387), as Amended. Contracts and subgrants of amounts in excess of$150,000 must g
contain a provision that requires the non-Federal award to agree to comply with all applicable '
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standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
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reported to the Federal awarding agency identified in Section H: FEDERAL FUND INFORMATION
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and the Regional Office of the Environmental Protection Agency (EPA). O
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j. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). By signing this Agreement,the Sponsor L
certifies(per the certification requirements of 31 U.S.C.) that none of the funds that the Sponsor a
has (directly or indirectly) received or will receive for this project from the United States or any L
agency thereof, have been used or shall be used to engage in the lobbying of the Federal N
Government or in litigation against the United States.Such lobbying includes any influence or -0
attempt to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this project. f°
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Contractors that apply or bid for an award exceeding$100,000 must file the required
certification. Each tier certifies to the tier above that it will not and has not used federal
appropriated funds to pay any person or organization for influencing or attempting to influence Q-
an officer or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any federal contract,
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grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying
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with non-federal funds that takes place in connection with obtaining any federal award. Such
disclosures are forwarded from tier-to-tier up to the non-federal award.
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k. Procurement of Recovered Materials. A non-federal entity (Sponsor)that is a state agency or
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agency of a political subdivision of a state and its contractors must comply with section 6002 of
the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.The
requirements of Section 6002 include procuring only items designated in guidelines of the `o
Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage 0
of recovered materials practicable, consistent with maintaining a satisfactory level of
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competition, where the purchase price of the item exceeds$10,000 or the value of the quantity
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acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management
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services in a manner that maximizes energy and resource recovery; and establishing an o
affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
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I. Required Insurance.The non-federal entity(Sponsor) must, at a minimum, provide the U
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equivalent insurance coverage for real property and equipment acquired or improved with
federal funds as provided to property owned by the non-federal entity. Federally-owned
property need not be insured unless required by the terms and conditions of the Federal award c
(2 C.F.R § 200.310 (2013)).
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m. Debarment and Suspension (Executive Orders 12549 and 12689).The Sponsor must not award a
contract to parties listed on the government-wide exclusions in the System for Award rn
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Management(SAM), in accordance with the Office of Management and Budget (OMB)
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guidelines at 2 C.F.R § 180 that implement Executive Orders 12549 (3 C.F.R part 1986 Comp., p. g
189) and 12689 (3 C.F.R part 1989 Comp., p. 235), "Debarment and Suspension."SAM Exclusions o
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well
as parties declared ineligible under statutory or regulatory authority other than Executive Order
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12549.
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n. Conflict of Interest. Sponsor agrees to abide by the conflict of interest policy and requirements v
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of the federal funding agency established pursuant to 2 C.F.R 200. L
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30. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS. >,
Use of Sport Fish Restoration Logo. Per 50 CFR 86 Sec 75 and 76, the user of the logo must indemnify a
and defend the United States and hold it harmless from any claims, suits, losses, and damages from; any
allegedly unauthorized use of any patent, process, idea, method, or device by the user in connection m
with its use of the logo, or any other alleged action of the user; and any claims, suits, losses, and
damages arising from alleged defects in the articles or services associated with the logo. No one may use a
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any part of the logo in any other manner unless the United States Fish and Wildlife Service's Assistant
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Director for Wildlife and Sport Fish Restoration or Regional Director approves in writing. a
31. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS.
The following provisions shall be in force for this agreement:
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a. Liability Insurance.The Sponsor of a firearms or archery range recreation project shall procure
an endorsement, or other addition,to liability insurance it carries, or shall procure a new policy
of liability insurance, in a total coverage amount the Sponsor deems adequate to ensure it will J
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have resources to pay successful claims of people who may be killed or injured, or suffer
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damage to property,while present at the range facility to which this grant is related, or by
reason of being in the vicinity of that facility; provided that the coverage shall be at least one
million dollars($1,000,000)for the death of, or injury to, each person. `o
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b. Insurance Endorsement.The liability insurance policy, including any endorsement or addition,
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shall name Washington State,the funding board, and RCO as additional insured and shall be in a
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form approved by the funding board or director.
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c. Length of Insurance.The policy, endorsement or other addition, or a similar liability insurance
policy meeting the requirements of this section, shall be kept in force throughout the Sponsor's
obligation to the project as identified in this Agreement. o
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d. Notice of Cancellation.The policy, as modified by any endorsement or other addition, shall
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provide that the issuing company shall give written notice to RCO not less than thirty(30)
calendar days in advance of any cancellation of the policy by the insurer, and within ten (10) c
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calendar days following any termination of the policy by the Sponsor.
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e. Government Agencies.The requirement of Subsection a through d above shall not apply if the
Sponsor is a federal, state, or municipal government which has established an adequate rn
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program of self-insurance or a policy of self-insurance with respect to claims arising from its
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facilities or activities generally, including such facilities as firearms or archery ranges, when the g
applicant declares and describes that program or policy to the RCO. '
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f. Sole Duty of the Sponsor. By this requirement,the funding board and RCO does undertake to
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review, approve, or monitor the safety of the design, construction, or operation of the project ca
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and does not assume any duty to any individual person with respect to death, injury, or damage O
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to property which that person may suffer as a result of the project which this grant relates.Any v
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such person, or any other person making claims based on such death, injury, or damage, must L
look to the Sponsor, or others, for any and all remedies that may be available by law. a
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32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS. a
This project has been approved by the National Park Service, US Department of the Interior, for funding
assistance from the federal Land and Water Conservation Fund (LWCF),therefore the "Land and Water m
Conservation Fund General Provisions" are made part of this Agreement and incorporated herein.The
Sponsor shall abide by these LWCF General Provisions, in addition to this Agreement, as they now exist a
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or are hereafter amended. Further, the Sponsor agrees to provide RCO with reports or documents
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needed to meet the requirements of the LWCF General Provisions. a
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33. PROVISIONS FOR FARMLAND AND FORESTLAND PRESERVATION PROJECTS.
The following sections of this Agreement shall not apply if they are included and covered separately in a
recorded RCO-approved Agricultural Conservation Easement, or Forest Conservation Easement (or other J
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method): 0
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a. Income and Income Use; Stewardship and Monitoring;Acknowledgement and Signs; Provisions U
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Applying To Acquisition Projects: Conveyance of Rights to the State of Washington, Building and
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Structures, and Hazardous Substances; Long-Term Obligations of the Projects and Sponsors: 0
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Perpetuity; and Construction, Operation, Use and Maintenance of Assisted Projects.
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34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS.
For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the
Sponsor shall not commence with clearing of riparian trees or in-water work unless either the Sponsor o
has complied with 50 C.F.R. § 223.203 (b)(8) (2000), limit 8 or until an Endangered Species Act a
consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of
this requirement may be grounds for terminating this Agreement.This section shall not be the basis for
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any enforcement responsibility by RCO. v
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35. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS.
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The following provisions shall be in force for this Agreement if the project is funded in part or wholly
from the Puget Sound Acquisition and Restoration program. The Sponsor agrees to the following terms
and conditions: J
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a. Cost Principles/Indirect Costs For State Agencies. GRANT RECIPIENT agrees to comply with the M
cost principles of 2 CFR 200 Subpart E as appropriate to the award. In addition to the US
Environmental Protection Agency's General Terms and Conditions "Indirect Cost Rate
Agreements," if the recipient does not have a previously established indirect cost rate, it agrees 0
to prepare and submit its indirect cost rate proposal in accordance with 2 CFR 200 Appendix VII.
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b. Credit and Acknowledgement. In addition to the ACKNOWLEDGEMENT AND SIGNS section,
materials produced must display both the Environmental Protection Agency(EPA) and Puget 0
Sound Partnership (PSP) logos and the following credit line: "This project has been funded
wholly or in part by the United States Environmental Protection Agency.The contents of this
document do not necessarily reflect the views and policies of the Environmental Protection a
Agency, nor does mention of trade names or commercial products constitute endorsement or
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recommendation for use."This requirement is for the life of the product,whether during or
after the Agreement period of performance.
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c. Hotel Motel Fire Safety Act. Sponsor agrees to ensure that all conference, meeting, convention, a
or training space funded in whole or part with federal funds, complies with the federal Hotel
and Motel Fire Safety Act (PL 101-391, as amended). Sponsors may search the Hotel-Motel v
National Master List @ http://www.usfa.dhs.gov/applications/hotel to see if a property is in
compliance or to find other information about the Act.
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d. Drug Free Workplace Certification. Sub-recipient (Sponsor) shall make an ongoing, good faith
effort to maintain a drug-free workplace pursuant to the specific requirements set forth in 2
C.F.R. Part 1536 Subpart B.Additionally, in accordance with these regulations,the recipient J
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organization shall identify all known workplaces under its federal awards, and keep this 0
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information on file during the performance of the award. Sponsors who are individuals must
comply with the drug-free provisions set forth in 2 C.F.R. Part 1536 Subpart C.The consequences
for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E. L
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e. Management Fees. Management fees or similar charges in excess of the direct costs and
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approved indirect rates are not allowable.The term "management fees or similar charges"
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refers to the expenses added to direct costs in order to accumulate and reserve funds for
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ongoing business expenses, unforeseen liabilities or for other similar costs that are not o
allowable. Management fees or similar charges may not be used to improve or expand the
project funded under this Agreement, except for the extent authorized as a direct cost of
carrying out the scope of work. o
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f. Trafficking in Persons and Trafficking Victim Protection Act of 2000 (TVPA).This provision applies
only to a sub-recipient (Sponsor), and all sub-awardees of sub-recipient (Sponsor), if any. Sub-
recipient (Sponsor) shall include the following statement in all sub-awards made to any private c
entity under this Agreement: "You as the sub-recipient,your employees, sub-awardees under
this award, and sub-awardees' employees may not engage in severe forms of trafficking in 0
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persons during the period of time that the award is in effect; procure a commercial sex act
during the period of time that the award is in effect; or use forced labor in the performance of rn
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the award or sub-awards under this Award." The sub-recipient (Sponsor), and all sub-awardees
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of sub-recipient (Sponsor) must inform RCO immediately of any information you receive from g
any source alleging a violation of this prohibition during the award term. The federal agency '
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funding this Agreement may unilaterally terminate,without penalty,the funding award if this
prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000, as
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amended.
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g. Lobbying.The chief executive officer of this recipient agency(Sponsor) shall ensure that no U
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grant funds awarded under this Agreement are used to engage in lobbying of the Federal L
Government or in litigation against the United States, unless authorized under existing law.The a-
recipient (Sponsor) shall abide by its respective Cost Principles (OMB Circulars A-21, A-87, and A- L
122),which generally prohibits the use of federal grant funds for litigation against the United N
States, or for lobbying or other political activities. The Sponsor agrees to comply with 40 C.F.R. -0
Part 34, New Restrictions on Lobbying. Sponsor shall include the language of this provision in
award documents for all sub-awards exceeding$100,000, and require that sub-awardees submit f°
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certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying
Amendment, any Sponsor who makes a prohibited expenditure under 40 C.F.R. Part 34 or fails
to file the required certification or lobbying forms shall be subject to a civil penalty of not less Q-
than $10,000 and not more than $100,000 for each expenditure. All contracts awarded by
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Sponsor shall contain, when applicable,the anti-lobbying provisions as stipulated in the
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Appendix at 40 C.F.R. Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, Sponsor
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affirms that it is not a non-profit organization described in Section 501(c)(4) of the Internal
Revenue Code of 1986; or that it is a non-profit organization described in Section 501(c)(4) of
the code but does not and will not engage in lobbying activities as defined in Section 3 of the J
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Lobbying Disclosure Act. 0
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h. Reimbursement Limitation. If the Sponsor expends more than the amount of RCO funding in this
Agreement in anticipation of receiving additional funds from the RCO, it does so at its own risk.
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RCO is not legally obligated to reimburse the Sponsor for costs incurred in excess of the RCO 0
approved budget.
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i. Disadvantaged Business Enterprise Requirements.The Sponsor agrees to comply with the
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requirements of EPA's Utilization of Small, Minority and Women's Business Enterprises in o
procurements made under this award.
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j. Minority and Women's Business Participation. Sponsor agrees to solicit and recruit,to the o
maximum extent possible, certified minority owned (MBE) and women owned (WBE) businesses U
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in purchases and contracts initiated after the effective date of this Agreement.<br><br> These
goals are expressed as a percentage of the total dollars available for purchase or agreement and
are as follows: Purchased Goods 8% MBE 4%WBE; Purchased Services 10% MBE 4%WBE; c
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Professional Services 10% MBE 4%WBE. Meeting these goals is voluntary and no agreement
award or rejection shall be made based on achievement or non-achievement of the goals. 0
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Achievement of the goals is encouraged, however, and Sponsor and ALL prospective bidders or
people submitting qualifications shall take the following affirmative steps in any procurement rn
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initiated after the effective date of this Agreement:
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i. Include qualified minority and women's businesses on solicitation lists. o
ii. Assure that qualified minority and women's business are solicited whenever they are
potential sources of services or supplies.
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iii. Divide the total requirements, when economically feasible, into smaller tasks or
quantities,to permit maximum participation by qualified minority and women's O
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businesses. v
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iv. Establish delivery schedules, where work requirements permit, which will encourage L
participation of qualified minority and women's businesses. a
V. Use the services and assistance of the State Office of Minority and Women's Business L
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. y
Department of Commerce, as appropriate.
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k. MBE/WBE Reporting. In accordance with the deviation from 40 C.F.R. §33.502, signed f°
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November 8, 2013, DBE reporting is limited to annual reports and only required for assistance
agreements where one or more the following conditions are met:
a
I. There are any funds budgeted in the contractual/services, equipment or construction lines of
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the award; and/or$3,000 or more is included for supplies; or there are funds budgeted for
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subawards or loans in which the expected budget(s) meet the conditions as described in items
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(a) and (b). When completing the form, recipients (Sponsors) should disregard the quarterly and
semi-annual boxes in the reporting period Section 1B of the form. For annual submissions,the
reports are due by October 30th of each year or 90 days after the end of the project period, J
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whichever comes first.The reporting requirement is based on planned procurements. Recipients 0
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(Sponsors) with funds budgeted for non-supply procurement and/or$3,000 or more in supplies
are required to report annually whether the planned procurements take place during the
reporting period or not. If no procurements take place during the reporting period,the recipient
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should check the box in Section 5B when completing the form. MBE/WBE reports should be sent 0
to the DBE Coordinator in the Sponsor's region. Contact information can be found at
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http://www.epa.gov/osbp/contactpage.htm.The coordinators also can answer any questions.
Final MBE/WBE reports must be submitted within 90 days after the project period of the grant 3
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ends.To be in compliance with regulations,the Sponsor must submit a final MBE/WBE report. o
Non-compliance may impact future competitive grant proposals.The current EPA Form 5700-
52A can be found at the EPA Office of Small Business Program's Home Page at
http://www.epa.gov/osbp/dbe reporting.htm. c
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m. Procurement involving an EPA Financial Assistance Agreement. Pursuant to 40 C.F.R. § 33.301,
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the Sponsor agrees to make the following six good faith efforts whenever procuring
construction, equipment, services and supplies under an EPA financial assistance agreement, c
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and to require that sub-recipients (Sponsors), and prime contractors also comply. Records
documenting compliance with the six good faith efforts shall be retained. 0
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n. Ensure Disadvantaged Business Enterprise (DBEs) are made aware of contracting opportunities rn
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to the fullest extent practicable through outreach and recruitment activities. For State and Local
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and Government Sponsors,this will include placing DBEs on solicitation lists and soliciting them g
whenever they are potential sources. '
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o. Make information on forthcoming opportunities available to DBEs and arrange time frames for
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contracts and establish delivery schedules,where the requirements permit, in a way that 0
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encourages and facilitates participation by DBEs in the competitive process.This includes, O
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whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days v
before the bid or proposal closing date. L
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p. Consider in the contracting process whether firms competing for large contracts could L
subcontract with DBEs. For State and local Government Sponsors,this will include dividing total N
requirements when economically feasible into smaller tasks or quantities to permit maximum
participation by DBEs in the competitive process.
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q. Encourage contracting with a consortium of DBEs when an agreement is too large for one of
these firms to handle individually.
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r. Use the services and assistance of the Small Business Administration (SBA) and the Minority
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Business Development of the Department of Commerce.
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s. If the Sponsor awards subcontracts, require the Sponsor to take the steps in paragraphs (a)
through (e) of this section.
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t. Lobbying& Litigation. By signing this Agreement,the Sponsor certifies that none of the funds °
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received from this Agreement shall be used to engage in the lobbying of the Federal
Government or in litigation against the United States unless authorized under existing law.The
chief executive officer of this Sponsor agency shall ensure that no grant funds awarded under `o
this Agreement are used to engage in lobbying of the Federal Government or in litigation against 0
the United States unless authorized under existing law.The Sponsor shall abide by its respective
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Attachment in 2 C.F.R. Part 200, which prohibits the use of federal grant funds for litigation
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against the United States or for lobbying or other political activities. For subawards exceeding
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$100,000, EPA requires the following certification and disclosure forms: o
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I. Certification Regarding Lobbying, EPA Form 6600-06:
http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf o
II. Disclosure of Lobbying Activities, SF LLL: v
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http://www.epa.gov/ogd/AppKit/form/sflllin sec.pdf
u. Legal expenses required in the administration of Federal programs are allowable. Legal expenses c
for prosecution of claims against the Federal Government are unallowable.
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v. Payment to Consultants. EPA participation in the salary rate (excluding overhead) paid to
individual consultants retained by recipients (Sponsors) or by a recipients' (Sponsor's) rn
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contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the
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Executive Schedule (formerly GS-18),to be adjusted annually.This limit applies to consultation g
services of designated individuals with specialized skills who are paid at a daily or hourly rate. '
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This rate does not include transportation and subsistence costs for travel performed (the
recipient will pay these in accordance with his/her normal travel reimbursement practices).
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Subagreements with firms for services that are awarded using the procurement requirements in
40 C.F.R. Parts 30 or 31, are not affected by this limitation unless the terms of the contract O
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provide the recipient(Sponsor)with responsibility for the selection, direction and control of the v
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individual who will be providing services under the contract at an hourly or daily rate of L
compensation. See 40 C.F.R. § 30.27(b) or 40 C.F.R. § 31.369(j), as applicable,for additional a
information. As of January 1, 2020,the limit is$654.71 per day$81.83 per hour. L
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w. Peer Review. Where appropriate, prior to finalizing any significant technical products the
Principal Investigator (PI) of this project must solicit advice, review, and feedback from a
technical review or advisory group consisting of relevant subject matter specialists. A record of f°
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comments and a brief description of how respective comments are addressed by the PI will be
provided to the Project Monitor prior to releasing any final reports or products resulting from
the funded study. Q-
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x. International Travel (Including Canada). All International Travel must be approved by the US
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Environmental Protection Agency's Office of International and Tribal Affairs (OITA) BEFORE
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8.E.a
travel occurs. Even a brief trip to a foreign country,for example to attend a conference, requires
OITA approval. Please contact your Partnership Project manager as soon as possible if travel is
planned out of the country, including Canada and/or Mexico, so that they can submit a request J
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to the EPA Project Officer if they approve of such travel.
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y. Unliquidated Obligations (ULO). Sub-recipients, and all sub-awardees of Sub-Recipients, if any, W
should manage their agreement and subaward funding in ways that reduce the length of time `o
that federal funds obligated and committed to subaward projects are unspent (not yet drawn o
down through disbursements to sub-recipients and sub-awardees).
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z. Light Refreshments And/Or Meals.
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Unless the event(s) and all of its components are described n the approved workplan,the
recipient agrees to obtain prior approval from EPA for the use of grant funds for light f°
refreshments and/or meals served at meetings, conferences,training workshops, and N
outreach activities (events).The recipient must send requests for approval to the EPA o
Project Officer and include: v
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1) An estimated budget and description for the light refreshments, meals, and/or
beverages to be served at the event(s);
2) A description of the purpose, agenda, location, length and timing for the event; and,
3) An estimated number of participants in the event and a description of their roles.
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Cost for light refreshments and meals for recipient staff meetings and similar day-to-day
activities are not allowable under EPA assistance agreements.
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aa. State grant cybersecurity. _
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(a) The recipient agrees that when collecting and managing environmental data under this N
assistance agreement, it will protect the data by following all applicable State law
cybersecurity requirements.
(b) (1) EPA must ensure that any connections between the recipient's network or
information system and EPA networks used by the recipient to transfer data under this O
agreement, are secure. v
(2)The recipient agrees that any subawards it makes under this agreement will require L
the subrecipient to comply with the requirements in (b)(1) if the subrecipient' s network 0-
or information system is connected to EPA networks to transfer data to the AGecy using
systems other than the Environmental Information Exchange Network or EPA's Central N
Data Exchange.
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36. ORDER OF PRECEDENCE.
a. This Agreement is entered into, pursuant to, and under the authority granted by applicable a-
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federal and state laws.The provisions of the Agreement shall be construed to conform to those
laws. In the event of a direct and irreconcilable conflict between the terms of this Agreement a
and any applicable statute, rule, or policy or procedure,the conflict shall be resolved by giving
precedence in the following order:
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i. Federal law and binding executive orders;
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ii. Code of federal regulations;
iii. Terms and conditions of a grant award to the state from the federal government;
iv. Federal grant program policies and procedures adopted by a federal agency that are J
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required to be applied by federal law; 0
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V. State Constitution, RCW, and WAC;
vi. Agreement Terms and Conditions and Applicable Manuals
vii. Applicable deed restrictions, and/or governing documents. `o
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37. LIMITATION OF AUTHORITY.
Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action) shall 0
have the authority to alter, amend, modify, or waive any clause or condition of this Agreement;
provided that any such alteration, amendment, modification, or waiver of any clause or condition of this u_
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Agreement is not effective or binding unless made as a written amendment to this Agreement and 0
signed by the RCO Director or delegate.
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38. WAIVER OF DEFAULT. o
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach U
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of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent
breach and shall not be construed to be a modification of the terms of the Agreement unless stated to
be such in writing, signed by the director, or the director's designee, and attached as an amendment to
the original Agreement. 0
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39. APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH. J
The Funding Entity(if different from RCO) and RCO rely on the Sponsor's application in making its
determinations as to eligibility for, selection for, and scope of, funding grants.Any misrepresentation,
error or inaccuracy in any part of the application may be deemed a breach of this Agreement. o
40. SPECIFIC PERFORMANCE. 0
RCO may enforce this Agreement by the remedy of specific performance,which means Sponsors'
completion of the project and/or its completion of long-term obligations as described in this Agreement.
However,the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. f°
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No remedy available to the RCO shall be deemed exclusive.The RCO may elect to exercise any, a 0
combination of, or all of the remedies available to it under this Agreement, or under any provision of
law, common law, or equity, including but not limited to seeking full or partial repayment of the grant
amount paid and damages. a
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41. TERMINATION AND SUSPENSION. Q-
a. The RCO requires strict compliance by the Sponsor with all the terms of this Agreement
including, but not limited to,the requirements of the applicable statutes, rules, and RCO
policies, and with the representations of the Sponsor in its application for a grant as finally w
approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. § c
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200.340. a
b. For Cause. m
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i. The RCO director may suspend or terminate the obligation to provide funding to the
Sponsor under this Agreement:
a. If the Sponsor breaches any of the Sponsor's obligations under this Agreement; J
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b. If the Sponsor fails to make progress satisfactory to the RCO director toward 0
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completion of the project by the completion date set out in this Agreement.
Included in progress is adherence to milestones and other defined deadlines; or
c. If the primary and secondary Sponsor(s) cannot mutually agree on the process and L
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actions needed to implement the project; 0
d. Prior to termination,the RCO shall notify the Sponsor in writing of the opportunity
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to cure. If corrective action is not taken within 30 days or such other time period
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that the director approves in writing, the Agreement may be terminated. In the
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event of termination,the Sponsor shall be liable for damages or other relief as o
authorized by law and/or this Agreement.
ii. RCO reserves the right to suspend all or part of the Agreement,withhold further payments,
or prohibit the Sponsor from incurring additional obligations of funds during the o
investigation of any alleged breach and pending corrective action by the Sponsor, or a U
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decision by the RCO to terminate the Contract.
c. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days c
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written notice, beginning on the second day after the mailing,terminate this Agreement, in
whole or in part when it is in the best interest of the state. If this Agreement is so terminated, 0
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RCO shall be liable only for payment required under the terms of this Agreement prior to the
effective date of termination. A claimed termination for cause shall be deemed to be a rn
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"Termination for Convenience" if it is determined that:
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i. The Sponsor was not in default; or '
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ii. Failure to perform was outside Sponsor's control,fault or negligence.
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d. Rights of Remedies of the RCO. 0
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i. The rights and remedies of RCO provided in this Agreement are not exclusive and are in v
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addition to any other rights and remedies provided by law. L
ii. In the event this Agreement is terminated by the director, after any portion of the grant a
amount has been paid to the Sponsor under this Agreement,the director may require that L
any amount paid be repaid to RCO for redeposit into the account from which the funds were N
derived. However, any repayment shall be limited to the extent it would be inequitable and -0
represent a manifest injustice in circumstances where the project will fulfill its fundamental
purpose for substantially the entire period of performance and of long-term obligation. f°
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iii. Non-Availability of Funds.The obligation of the RCO to make payments is contingent on the
availability of state and federal funds through legislative appropriation and state allotment.
If amounts sufficient to fund the grant made under this Agreement are not appropriated to 0-
RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be
obligated to pay any remaining unpaid portion of this grant unless and until the necessary
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action by the Legislature or the Office of Financial Management occurs. If RCO participation
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is suspended under this section for a continuous period of one year, RCO's obligation to
provide any future funding under this Agreement shall terminate.Termination of the
Agreement under this section is not subject to appeal by the Sponsor. J
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iv. Suspension:The obligation of the RCO to manage contract terms and make payments is 0
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contingent upon the state appropriating state and federal funding each biennium. In the
event the state is unable to appropriate such funds by the first day of each new biennium
RCO reserves the right to suspend the Agreement, with ten (10) days written notice, until
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such time funds are appropriated. Suspension will mean all work related to the contract 0
must cease until such time funds are obligated to RCO and the RCO provides notice to
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continue work. -0
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V. No Waiver. The failure or neglect of RCO to require strict compliance with any term of this o
Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or
be construed as a waiver of any right to fully enforce all rights and obligations set forth in
this Agreement and in applicable state or federal law and regulations. o
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42. DISPUTE HEARING.
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a. Except as may otherwise be provided in this Agreement, when a dispute arises between the
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Sponsor and the RCO,which cannot be resolved, either party may request a dispute hearing 0
according to the process set out in this section. Either party's request for a dispute hearing must
be in writing and clearly state: J
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i. The disputed issues;
ii. The relative positions of the parties; o
iii. The Sponsor's name, address, project title, and the assigned project number.
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b. In order for this section to apply to the resolution of any specific dispute or disputes,the other
party must agree in writing that the procedure under this section shall be used to resolve those C
specific issues.The dispute shall be heard by a panel of three persons consisting of one person 0
chosen by the Sponsor, one person chosen by the director, and a third person chosen by the O
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two persons initially appointed. If a third person cannot be agreed on,the persons chosen by
the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and c
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one by the director shall be appointed and they shall agree on a third person. This process shall >,
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be repeated until a three person panel is established. a
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c. Any hearing under this section shall be informal,with the specific processes to be determined by m
the disputes panel according to the nature and complexity of the issues involved.The process
may be solely based on written material if the parties so agree.The disputes panel shall be a
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governed by the provisions of this Agreement in deciding the disputes.
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d. The parties shall be bound by the majority decision of the dispute panelists, unless the remedy
directed by that panel is beyond the authority of either or both parties to perform, as necessary,
or is otherwise unlawful. E
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e. Request for a disputes hearing under this section by either party shall be delivered or mailed to
the other party.The request shall be delivered or mailed within thirty(30) days of the date the
requesting party has received notice of the action or position of the other party which it wishes J
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to dispute.The written agreement to use the process under this section for resolution of those 0
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issues shall be delivered or mailed by the receiving party to the requesting party within thirty
(30) days of receipt by the receiving party of the request.
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f. All costs associated with the implementation of this process shall be shared equally by the 0
parties.
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43. ATTORNEYS' FEES.
In the event of litigation or other action brought to enforce the terms of this Agreement each party U-
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agrees to bear its own attorney fees and costs.
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44. GOVERNING LAW/VENUE.
This Agreement shall be construed and interpreted in accordance with the laws of the State of
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Washington. In the event of a lawsuit involving this Agreement,venue shall be in Thurston County v
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Superior Court if legally proper; otherwise venue shall be in the Superior Court of a county where the
project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper.
The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
45. SEVERABILITY. J
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of the Agreement. o
46. END OF AGREEMENT. o
This is the end of the agreement.
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8.F
KENT
WASHINGTON
DATE: March 19, 2024
TO: Kent City Council
SUBJECT: Consultant Services Agreement with JECB, LLC for Mill
Creek at 76th Avenue South - Authorize
MOTION: I move to authorize the Mayor to sign a Consultant Services
Agreement with JECB, LLC, subject to final terms acceptable to the Public
Works Director and City Attorney.
SUMMARY: The Mill Creek at 76th Avenue South Culvert Improvements project
replaces existing culverts in Mill Creek with three new bridges, along with raising
the elevation of 76th Avenue South. The project also includes light weight subgrade
fill placement, new concrete road driving surface, new water main, storm drainage,
concrete retaining walls, sidewalks, driveway approaches, striping, and illumination.
This consultant contract in the amount of $167,080.00 is needed to provide
materials sampling, inspection, and testing to ensure quality control and record
keeping for the project. Through our selection process, staff selected JECB, LLC to
assist in successful project delivery.
BUDGET IMPACT: No unbudgeted impacts. The project will be paid for using a
combination of the following funds and grants: Street Fund, Water Fund, Drainage
Fund, Washington State Department of Commerce grant, Freight Mobility Strategic
Investment Board grant, King County Flood Control District Sub-Regional
Opportunity Fund, and a grant from the Transportation Improvement Board.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. JECB - Mill Creet - 76th Avene S Culvert Improvements Agreement (PDF)
03/05/24 Committee of the Whole MOTION PASSES
Packet Pg. 92
8.F
RESULT: MOTION PASSES [UNANIMOUS]Next: 3/19/2024
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: John Boyd, Councilmember
AYES: Kaur, Boyd, Fincher, Michaud, Troutner
Packet Pg. 93
8.F.a
KENT
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CONSULTANT SERVICES AGREEMENT
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between the City of Kent and
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JECB, LLC
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THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter c
the "City"), and JECB, LLC organized under the laws of the State of Washington, located and doing business E
at PO Box 832, Auburn, WA 98071, Phone: 253-405-4654, Contact: Jaime Hicks (hereinafter the
"Consultant"). Q
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I. DESCRIPTION OF WORK. W
The Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
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The Consultant shall provide construction inspection, material inspection and testing for the o
Mill Creek / 76t" Avenue S Culvert Improvements project. For a description, see the L?
Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 00
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The Consultant further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices within the Puget Sound region in effect at the a
time those services are performed.
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II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in E
Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the c
work described in Section I by December 30, 2025. a
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III. COMPENSATION.
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A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One v
Hundred Sixty Seven Thousand, Eighty Dollars ($167,080), for the services described in this U)
Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written authorization
of the City in the form of a negotiated and executed amendment to this agreement. The a
Consultant agrees that the hourly or flat rate charged by it for its services contracted for
herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the
effective date of this Agreement. The Consultant's billing rates shall be as delineated in
Exhibit A. i
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B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide ,
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any v
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
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C. Card Payment Program. The Consultant may elect to participate in automated credit card
payments provided for by the City and its financial institution. This Program is provided as an Q
alternative to payment by check and is available for the convenience of the Consultant. If the
CONSULTANT SERVICES AGREEMENT - 1
(Over$20,000) Packet Pg. 94
8.F.a
Consultant voluntarily participates in this Program, the Consultant will be solely responsible
for any fees imposed by financial institutions or credit card companies. The Consultant shall
not charge those fees back to the City.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- o
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in Jq
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accordance with Ch. 51.08 RCW, the parties make the following representations: v
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A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement. 3
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B. The Consultant maintains and pays for its own place of business from which the
Consultant's services under this Agreement will be performed.
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C. The Consultant has an established and independent business that is eligible for a N
business deduction for federal income tax purposes that existed before the City °;
retained the Consultant's services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
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D. The Consultant is responsible for filing as they become due all necessary tax w
documents with appropriate federal and state agencies, including the Internal Revenue o
Service and the state Department of Revenue. L?
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E. The Consultant has registered its business and established an account with the state M
Department of Revenue and other state agencies as may be required by the
Consultant's business, and has obtained a Unified Business Identifier (UBI) number
from the State of Washington. E
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F. The Consultant maintains a set of books dedicated to the expenses and earnings of its a
business. u,
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V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon aEi
providing the other party thirty (30) days written notice at its address set forth on the signature block of OD-
Consultant's this Agreement. After termination, the City may take possession of all records and data within the
possession pertaining to this project, which may be used by the City without restriction. If the E
City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal -
exposure to the Consultant. >
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VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure cn
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or �
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent a
to the other that at the time of signing this Agreement, they are able to perform as required and theirto
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic. L)
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of v
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and a)
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City Q
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
CONSULTANT SERVICES AGREEMENT - 2
(Over$20,000) Packet Pg. 95
8.F.a
costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Consultant to restart any work or o
performance that may have ceased, to change the work, or to take other action to secure the work or the Jq
project site during the force majeure event. The cost to restart, change, or secure the work or project site v
arising from a direction by the City under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be 3
borne by the Consultant. c
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VII. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Q
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national N
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who °;
is qualified and available to perform the work to which the employment relates. The Consultant shall execute
the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative
Policy 1.2.
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VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, w
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or o
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's L?
performance of this Agreement, except for that portion of the injuries and damages caused by the City's oo
negligence. M
The City's inspection or acceptance of any of the Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification. E
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Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, a
then, in the event of liability for damages arising out of bodily injury to persons or damages to property r
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, E
and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's c
negligence. a
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL >
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES L)
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. cn
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In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court a
having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then
the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal
on the Consultant's part.
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The provisions of this section shall survive the expiration or termination of this Agreement.
IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, v
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. LU
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X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable m
accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under E
this Agreement.
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CONSULTANT SERVICES AGREEMENT - 3
(Over$20,000) Packet Pg. 96
8.F.a
XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by
the Consultant. The Consultant shall make such data, documents, and files available to the City upon the
City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records o
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to 0
cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The v
City's use or reuse of any of the documents, data, and files created by the Consultant for this project by
anyone other than the Consultant on any other project shall be without liability or legal exposure to the
Consultant. 3
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XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this a
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of Q
inspection to secure satisfactory completion. N
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XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work. w
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XIV. MISCELLANEOUS PROVISIONS. v
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A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
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contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
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B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the 0
covenants and agreements contained in this Agreement, or to exercise any option conferred by this a
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those r
covenants, agreements or options, and the same shall be and remain in full force and effect.
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C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and c
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any a
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means E
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in >
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the v
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred u)
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VIII of this Agreement. a
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D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or Iv
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this L)
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent v
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent. m
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F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and the Q
Consultant.
CONSULTANT SERVICES AGREEMENT - 4
(Over$20,000) Packet Pg. 97
8.F.a
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this o
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any Jq
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language contained in this Agreement, the terms of this Agreement shall prevail. U
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H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's 3
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of c
the performance of those operations. E
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I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to c
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, N
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may °;
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties
and obligations under the Public Records Act.
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J. City Business License Required. Prior to commencing the tasks described in Section I, w
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the o
Kent City Code. L?
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CONSULTANT SERVICES AGREEMENT - 5
(Over$20,000) Packet Pg. 98
8.F.a
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement o
bearing the original signature was received in person.
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IN WITNESS, the parties below execute this Agreement, which shall become effective on LU
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied. c
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CONSULTANT: CITY OF KENT: a�
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By: By: >
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Print Name: Print Name: Dana Ralph
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DATE: DATE: U
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: +,
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CONSULTANT: CITY OF KENT: E
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Jaime Hicks Chad Bieren, P.E.
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JECB, Inc. City of Kent r
PO Box 832 220 Fourth Avenue South
Auburn, WA 98071 Kent, WA 98032 E
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(253) 405-4654 (telephone) (253) 856-5500 (telephone) 0-
jecboffice@gmail.com (email) PublicWorks@KentWA.gov (email) E
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APPROVED AS TO FORM: cU
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Kent Law Department
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Kent City Clerk
kb-2/15/2024 '
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CONSULTANT SERVICES AGREEMENT - 6
(Over$20,000) Packet Pg. 99
8.F.a
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
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The City of Kent (City) is committed to conform to Federal and State laws regarding equal w
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 3
employment opportunity policies. c
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The City of Kent and its contractors are subject to and will comply with the following: L
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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);
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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); y
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• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement
of Title VI of the Civil Rights Act of 1964). 00
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• Ch. 49.60 RCW (Washington Law Against Discrimination)
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The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and
Regulations". a
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The following statements specifically identify the requirements the City deems necessary for any E
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of c
all of the following is required for this Agreement to be valid and binding. If any contractor, a
subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined E
below, it will be considered a breach of contract and it will be at the City's sole determination
regarding suspension or termination for all or part of the Agreement.
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The statements are as follows: W
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1. I have read the attached City of Kent administrative policy number 1.2. a'
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
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3. During the time of this Agreement I, the prime contractor, will provide a written statement
to all new employees and subcontractors indicating commitment as an equal opportunity
employer. m
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4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
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5. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows: a
EEO COMPLIANCE DOCUMENTS - 1
Packet Pg. 100
8.F.a
A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the
Regulations relative to non-discrimination, including those applicable to Federally-
assisted programs of the U.S. Department of Transportation, State-assisted
programs through the Washington State Department of Transportation, and ,o
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they ca
may be amended from time to time, which are herein incorporated by reference w
and made a part of this contract.
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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 E
origin in the selection and retention of subcontractors, including procurements of L
materials and leases of equipment. The contractor will not participate directly or Q
indirectly in the discrimination prohibited by the Acts and the Regulations, including a
employment practices when the contract covers any activity, project, or program •2
set forth in Appendix B of 49 CFR Part 21.
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C. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made n
by the contractor for work to be performed under a subcontract, including 0
procurements of materials, or leases of equipment, each potential subcontractor or
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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.
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D. Information and Reports: The contractor will provide all information and reports 0
required by the Acts and Regulations and directives issued pursuant thereto and will a
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined applicable to contractor's contract by the City or the
Washington State Department of Transportation to be pertinent to ascertain
compliance with such Acts and Regulations and instructions. Where any information 0
required of a contractor is in the exclusive possession of another who fails or E
refuses to furnish the information, the contractor will so certify to the City or the
Washington State Department of Transportation, as appropriate, and will set forth ;
what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with
the non-discrimination provisions of this contract, the City will impose such contract a
sanctions as it or the Washington State Department of Transportation may
determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the i
contractor complies; and/or L)
b. cancelling, terminating, or suspending a contract, in whole or in part.
F. Incorporation of Provisions: The contractor will include the provisions of w
paragraphs (A) through (F) above in every subcontract, including procurements of L
materials and leases of equipment, unless exempt by the Acts and Regulations and
directives issued pursuant thereto. The contractor will take action with respect to E
any subcontract or procurement as the City or the Washington State Department of
Transportation may direct as a means of enforcing such provisions including Q
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
EEO COMPLIANCE DOCUMENTS - 2
Packet Pg. 101
8.F.a
or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the City to enter into any litigation to protect
the interests of the City. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States.
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6. During the performance of this contract, the contractor, for itself, its assignees, and ca
successors in interest agrees to comply with the following non-discrimination statutes and w
authorities; including but not limited to:
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Pertinent Non-Discrimination Authorities: E
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i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), a
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
21. >
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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 a
property has been acquired because of Federal or Federal-aid programs and 3
projects); o
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination ..
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on the basis of sex);
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), E
(prohibits discrimination on the basis of age);
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as y
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amended, (prohibits discrimination based on race, creed, color, national origin, or
sex);
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, o
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age r
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 3
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
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whether such programs or activities are Federally funded or not);
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination Q
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities �°
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation
regulations at 49 C.F.R. parts 37 and 38; L
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ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures Non-discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on E
minority and low-income populations; c
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EEO COMPLIANCE DOCUMENTS - 3
Packet Pg. 102
8.F.a
xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure =
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
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xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from w
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq).
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
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7. The submission of the final invoice for this contract will constitute a reaffirmation that the L
preceding statements were complied with during the course of the contract's performance. a
By signing below, I agree to fulfill the five requirements referenced above.
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EEO COMPLIANCE DOCUMENTS - 4
Packet Pg. 103
8.F.a
CITY OF KENT
ADMINISTRATIVE POLICY
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NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 M
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SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 E
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APPROVED BY Dana Ralph, Mayor Q
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POLICY:
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Equal employment opportunity and non-discrimination in contracting requirements for the City of
Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and S
suppliers of the City must guarantee equal employment opportunity within their organization and, y
if holding Agreements with the City amounting to $10,000 or more within any given year, must
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take the following affirmative steps:
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1. Provide a written statement to all new employees and subcontractors indicating M
commitment as an equal opportunity employer.
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2. Actively consider for promotion and advancement available minorities and women.
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Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the N
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination
Policy Declaration, prior to commencing performance. E
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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 E
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to coordinate with the City's Title VI coordinator, and perform the following
duties for their respective departments.
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1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these o
regulations are familiar with the regulations and the City's equal employment opportunity
policy. a�
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2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. _
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EEO COMPLIANCE DOCUMENTS - 5
Packet Pg. 104
8.G
KENT
Wn 1 c N
DATE: March 19, 2024
TO: Kent City Council
SUBJECT: Consultant Services Agreement with GeoEngineers, Inc. for
Mill Creek at 76th Avenue South - Authorize
MOTION: I move to authorize the Mayor to sign the Consultant Services
Agreement with GeoEngineers, Inc., subject to final terms and conditions
acceptable to the Public Works Director and City Attorney.
SUMMARY: The Mill Creek at 76th Avenue South Culvert Improvements project
replaces existing culverts in Mill Creek with three new bridges, along with raising
the elevation of 76th Avenue South. The project also includes light weight subgrade
fill placement, new concrete road driving surface, new water main, storm drainage,
concrete retaining walls, sidewalks, driveway approaches, striping, and illumination.
This consultant contract in the amount of $172,483.00 is needed to provide
geotechnical engineering services for new bridge foundations, retaining walls and
roadway construction. Through our selection process, staff selected GeoEngineers,
Inc. to assist in successful project delivery.
BUDGET IMPACT: No unbudgeted impacts. The project will be paid for using a
combination of the following funds and grants: Street Fund, Water Fund, Drainage
Fund, Washington State Department of Commerce grant, Freight Mobility Strategic
Investment Board grant, King County Flood Control District Sub-Regional
Opportunity Fund, and a grant from the Transportation Improvement Board.
ATTACHMENTS:
1. GeoEngineers - Mill Creek - 76th Ave S Agreement (PDF)
03/05/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 3/19/2024
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Kaur, Boyd, Fincher, Michaud, Troutner
Packet Pg. 105
8.G.a
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and U
GeoEngineers, Inc. ,0
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THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter (D
the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing a,
business at 1101 Fawcett Avenue, Suite 200, Auburn, WA 98071, Phone: (253) 383-4940, Contact: Lyle w
Stone (hereinafter the "Consultant"). 0
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I. DESCRIPTION OF WORK. r
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The Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications: E
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Consultant shall provide geotechnical construction support services for the Mill Creek/76tn
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Avenue South Culvert Improvements project. For a description, see the Consultant's Scope
of Work which is attached as Exhibit A and incorporated by this reference.
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The Consultant further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
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II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the
work described in Section I by December 30, 2025. E
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III. COMPENSATION. Q
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A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One
Hundred Seventy Two Thousand, Four Hundred Eighty Three Dollars ($172,483), for the
services described in this Agreement. This is the maximum amount to be paid under this
Agreement for the work described in Section I above, and shall not be exceeded without the 1
prior written authorization of the City in the form of a negotiated and executed amendment
to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its
services contracted for herein shall remain locked at the negotiated rate(s) for a period of one _
(1) year from the effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
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B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any o
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that a)
portion of the invoice not in dispute. In that event, the parties will immediately make every
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effort to settle the disputed portion.
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C. Card Payment Program. The Consultant may elect to participate in automated credit card 0
payments provided for by the City and its financial institution. This Program is provided as an a
alternative to payment by check and is available for the convenience of the Consultant. If the
CONSULTANT SERVICES AGREEMENT - 1
(Over$20,000) Packet Pg. 106
8.G.a
Consultant voluntarily participates in this Program, the Consultant will be solely responsible
for any fees imposed by financial institutions or credit card companies. The Consultant shall
not charge those fees back to the City.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in U
accordance with Ch. 51.08 RCW, the parties make the following representations: _
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A. The Consultant has the ability to control and direct the performance and details of its ,0
work, the City being interested only in the results obtained under this Agreement. N
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B. The Consultant maintains and pays for its own place of business from which the a,
Consultant's services under this Agreement will be performed. w
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C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City r
retained the Consultant's services, or the Consultant is engaged in an independently 3
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement. E
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D. The Consultant is responsible for filing as they become due all necessary tax Q
documents with appropriate federal and state agencies, including the Internal Revenue a
Service and the state Department of Revenue.
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E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the
Consultant's business, and has obtained a Unified Business Identifier (UBI) number
from the State of Washington. y
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F. The Consultant maintains a set of books dedicated to the expenses and earnings of its ..
business.
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V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of E
this Agreement. After termination, the City may take possession of all records and data within the
Consultant's possession pertaining to this project, which may be used by the City without restriction. If the
City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal a
exposure to the Consultant. U)
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VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or �
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing =
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
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If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of o
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. E
Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City a
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
CONSULTANT SERVICES AGREEMENT - 2
(Over$20,000) Packet Pg. 107
8.G.a
costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Consultant to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the v
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its ,0
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be ;n
borne by the Consultant.
VII. DISCRIMINATION. In the hiring of employees for the performance of work under this w
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the 0
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who r
is qualified and available to perform the work to which the employment relates. The Consultant shall execute 3
the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative
Policy 1.2. E
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VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, Q
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or a
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's .2
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
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The City's inspection or acceptance of any of the Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification. y
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Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property r'
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, r
and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's E
negligence.
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION Q
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL U)
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES Q
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
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In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court
having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then T)
the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal
on the Consultant's part.
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The provisions of this section shall survive the expiration or termination of this Agreement. c
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IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, o
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
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X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under E
this Agreement.
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CONSULTANT SERVICES AGREEMENT - 3
(Over$20,000) Packet Pg. 108
8.G.a
XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by
the Consultant. The Consultant shall make such data, documents, and files available to the City upon the Y
City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to 6)
cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The
City's use or reuse of any of the documents, data, and files created by the Consultant for this project by
anyone other than the Consultant on any other project shall be without liability or legal exposure to the ,0
Consultant. U)
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XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this w
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of 0
inspection to secure satisfactory completion.
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XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary 3
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall E
be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to L
materials, tools, or other articles used or held for use in connection with the work.
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XIV. MISCELLANEOUS PROVISIONS.
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A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
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B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this ••
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those r'
covenants, agreements or options, and the same shall be and remain in full force and effect.
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C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and a
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules a
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in cn
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the Q
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VIII of this Agreement.
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D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing. c
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E. Assignment. Any assignment of this Agreement by either party without the written consent o
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
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F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and the a
Consultant.
CONSULTANT SERVICES AGREEMENT - 4
(Over$20,000) Packet Pg. 109
8.G.a
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of Y
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail. _
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H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal ,0
laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's 0
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of c
the performance of those operations.
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I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to 0
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may r
be subject to public review and disclosure, even if those records are not produced to or possessed by the 3
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties
and obligations under the Public Records Act. E
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J. City Business License Required. Prior to commencing the tasks described in Section I,
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Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
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CONSULTANT SERVICES AGREEMENT - 5
(Over$20,000) Packet Pg. 110
8.G.a
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person. v
IN WITNESS, the parties below execute this Agreement, which shall become effective on
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the last date entered below. All acts consistent with the authority of this Agreement and prior 0
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed ;n
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CONSULTANT: CITY OF KENT:
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By: By:
Print Name: Print Name: Dana Ralph E
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Its Its Mayor Q
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DATE: DATE:
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
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CONSULTANT: CITY OF KENT:
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Lyle Stone Chad Bieren, P.E.
GeoEngineers, Inc. City of Kent
1101 Fawcett Avenue, Suite 200 220 Fourth Avenue South M
Auburn, WA 98071 Kent, WA 98032
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(253) 383-4940 (telephone) (253) 856-5500 (telephone)
Istone@geoengineers.com (email) PublicWorks@KentWA.gov (email)
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APPROVED AS TO FORM: Q
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Kent Law Department
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ATTEST: —
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Kent City Clerk
kb-2/15/2024
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CONSULTANT SERVICES AGREEMENT - 6
(Over$20,000) Packet Pg. ill
8.G.a
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
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The City of Kent (City) is committed to conform to Federal and State laws regarding equal
opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who ,o
perform work with relation to this Agreement shall comply with the regulations of the City's equal i
employment opportunity policies.
The City of Kent and its contractors are subject to and will comply with the following: w
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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);
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• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs E
Of The Department Of Transportation-Effectuation Of Title VI Of The Civil L
Rights Act Of 1964); Q
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• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement
of Title VI of the Civil Rights Act of 1964).
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• Ch. 49.60 RCW (Washington Law Against Discrimination)
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The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and U
Regulations".
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The following statements specifically identify the requirements the City deems necessary for any
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of
all of the following is required for this Agreement to be valid and binding. If any contractor, a)
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 a
regarding suspension or termination for all or part of the Agreement.
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The statements are as follows:
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1. I have read the attached City of Kent administrative policy number 1.2.
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2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
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3. During the time of this Agreement I, the prime contractor, will provide a written statement
to all new employees and subcontractors indicating commitment as an equal opportunity
employer. w
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4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
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5. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows: a
EEO COMPLIANCE DOCUMENTS - 1
Packet Pg. 112
8.G.a
A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the
Regulations relative to non-discrimination, including those applicable to Federally-
assisted programs of the U.S. Department of Transportation, State-assisted
programs through the Washington State Department of Transportation, and ;v
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they U_
may be amended from time to time, which are herein incorporated by reference
and made a part of this contract. ,o
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B. Non-discrimination: The contractor, with regard to the work performed by it c
during the contract, will not discriminate on the grounds of race, color, or national .5
origin in the selection and retention of subcontractors, including procurements of U
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program 3
set forth in Appendix B of 49 CFR Part 21. c
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C. Solicitations for Subcontracts, Including Procurements of Materials and L
Equipment: In all solicitations, either by competitive bidding, or negotiation made Q
by the contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor or •2
supplier will be notified by the contractor of the contractor's obligations under this in
contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin.
D. Information and Reports: The contractor will provide all information and reports
required by the Acts and Regulations and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined applicable to contractor's contract by the City or the
Washington State Department of Transportation to be pertinent to ascertain
compliance with such Acts and Regulations and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the contractor will so certify to the City or the a
Washington State Department of Transportation, as appropriate, and will set forth cn
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 Y
sanctions as it or the Washington State Department of Transportation may
determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the
contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
F. Incorporation of Provisions: The contractor will include the provisions of
paragraphs (A) through (F) above in every subcontract, including procurements of 0
materials and leases of equipment, unless exempt by the Acts and Regulations and
directives issued pursuant thereto. The contractor will take action with respect to E
any subcontract or procurement as the City or the Washington State Department of
Transportation may direct as a means of enforcing such provisions including a
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
EEO COMPLIANCE DOCUMENTS - 2
Packet Pg. 113
8.G.a
or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the City to enter into any litigation to protect
the interests of the City. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States.
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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: ,o
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Pertinent Non-Discrimination Authorities:
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i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), 00
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
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21. 3
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 W
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property has been acquired because of Federal or Federal-aid programs and
projects); N
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iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination .V
on the basis of sex);
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iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27; r
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age); ci
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or M
sex);
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, E
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 a
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors, Q
whether such programs or activities are Federally funded or not);
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination ~
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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 U
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation
regulations at 49 C.F.R. parts 37 and 38; ;n
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
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(prohibits discrimination on the basis of race, color, national origin, and sex);
X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority o
Populations and Low-Income Populations, which ensures Non-discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on E
minority and low-income populations;
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EEO COMPLIANCE DOCUMENTS - 3
Packet Pg. 114
8.G.a
xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure 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); ci
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 4°
seq).
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
7. The submission of the final invoice for this contract will constitute a reaffirmation that the w
preceding statements were complied with during the course of the contract's performance.
By signing below, I agree to fulfill the five requirements referenced above.
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EEO COMPLIANCE DOCUMENTS - 4
Packet Pg. 115
8.G.a
CITY OF KENT
ADMINISTRATIVE POLICY
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NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 U_
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SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
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APPROVED BY Dana Ralph, Mayor
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POLICY: 3
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Equal employment opportunity and non-discrimination in contracting requirements for the City of E
Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and L
suppliers of the City must guarantee equal employment opportunity within their organization and, Q
if holding Agreements with the City amounting to $10,000 or more within any given year, must
take the following affirmative steps:
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1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women. 0
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Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination M
Policy Declaration, prior to commencing performance.
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract a
and subject to suspension or termination for all or part of the Agreement. U)
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Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Q
Works Departments to coordinate with the City's Title VI coordinator, and perform the following
duties for their respective departments.
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1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these i
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regulations are familiar with the regulations and the City's equal employment opportunity
policy.
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2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 5
Packet Pg. 116
8.H
KENT
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DATE: March 19, 2024
TO: Kent City Council
SUBJECT: Grant Acceptance - 2023 National Highway Safety Asset
Management Program - 64th Avenue South & West James
Street - Authorize
MOTION: I move to accept grant funds from the Washington State
Department of Transportation National Highway System Asset
Management Program for the 64th Avenue South and West James Street
Project, amend the budget, authorize the expenditure of the grant funds,
and authorize the Mayor to sign all necessary documents subject to final
terms acceptable to the City Attorney and Public Works Director.
SUMMARY: In September 2023, the Washington State Department of
Transportation (WSDOT) issued a merit-based project selection process as part of
the National Highway System (NHS) Asset Management Program. NHS roadways
include both local and state-owned NHS facilities. Kent maintains approximately 13
miles of NHS-designated routes.
In October 2023, the City applied to WSDOT for preservation funding on two streets
- 64th Avenue South between South 240th Street/West James Street and West
Meeker Street; and West James Street between 64th Avenue South and
Washington Avenue North (SR 181). The project will include pavement repair and
overlay, improved bus stops, curb ramps, sidewalks, and crosswalks. The project
will add bike lanes on 64th Avenue South through a planned vehicle lane reduction,
or road diet.' Bike lanes were included in the 2021 Transportation Master Plan and
would complete a north-south connection.
BUDGET IMPACT:
ATTACHMENTS:
1. WSDOT Agreement(PDF)
2. WSDOT Award Letter (PDF)
03/05/24 Committee of the Whole MOTION PASSES
Packet Pg. 117
8.H
RESULT: MOTION PASSES [UNANIMOUS]Next: 3/19/2024
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Kaur, Boyd, Fincher, Michaud, Troutner
Packet Pg. 118
8.H.a
Aft
CWashington State
AiDepartment of Transportation Local Agency Agreement 06
Agency CFDA No.20.205-Highway Planning and Construction t
(Catalog of Federal Domestic Assistance)
0
Address cn
Project No.
c
Agreement No. 0
For WSDOT Use Only
The Local Agency having complied, or hereby agreeing to comply,with the terms and conditions set forth in (1)Title 23, U.S. Code
Highways, (2)the regulations issued pursuant thereto, (3)2 CFR Part 200, (4)2 CFR Part 180—certifying that the local agency is not
excluded from receiving Federal funds by a Federal suspension or debarment, (5)the policies and procedures promulgated by the
L
Washington State Department of Transportation, and (6)the federal aid project agreement entered into between the State and Federal o
Government, relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to d
proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount
shown herein on line r, column 3,without written authority by the State, subject to the approval of the Federal Highway Administration. E
All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description c
Name Length
a�
Termini y
Description of Work Q
r
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ca
3
Project Agreement End Date Claiming Indirect Cost Rate
Proposed Advertisement Date [:]Yes ❑No 2
Estimate of Fun
di
0
Type of Work (1) (2) (3)
Estimated Total Estimated Agency Estimated Federal Z
Project Funds Funds Funds M
N
PE a.A enc N
b.Other a�
Federal Aid
c. Other
Participation
Ratio for PE d.State Services CL
e.Total PE Cost Estimate a+b+c+d 0.00 0.00 0.00 U
Right of Way f.Aciency Q
.Other c�a
Federal Aid h.Other
Participation
Ratio for RW i.State Services N
'.Total R/W Cost Estimate f+ +h+i 0.00 0.00 0.00 M
Construction k.Contract
1.Other
E
m.Other 0
Federal Aid
Participation n.Other Q
Ratio for CN o.A enc
p. State Services 0
0
0.Total CN Cost Estimate k+l+m+n+o+ 0.00 0.00 0.00 Cn
r.Total Pro'ect Cost Estimate a+4+ 0.00 0.00 0.00
r
Agency Official Washington State Department of Transportation
By By t
Title Director, Local Programs r
Agency Date Date Executed Q
DOT Form 140-039 Packet Pg. 119
Revised 04/2022
8.H.a
Construction Method of Financing (Check Method Selected)
State Ad and Award 06
Method A-Advance Payment-Agency Share of total construction cost (based on contract award)
Method B - Withhold from gas tax the Agency's share of total construction coast (line 5, column 2) in o
the amount of Cn
as
$ at $ per month for months.
Local Force or Local Ad and Award >
Method C -Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and
procedures, and as a condition to payment of the federal funds obligated, it accepts and will
comply with the applicable provisions set forth below.Adopted by official action on
Resolution/Ordinance No. o
L
Provisions a
I. Scope of Work (D
The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set m
forth in detail in the"Project Description"and "Type of Work." ca
When the State acts for and on behalf of the Agency,the State shall be deemed an agent of the Agency and shall perform the M
services described and indicated in "Type of Work"on the face of this agreement, in accordance with plans and specifications as +,
proposed by the Agency and approved by the State and the Federal Highway Administration. y
When the State acts for the Agency but is not subject to the right of control by the Agency,the State shall have the right to perform Q
the work subject to the ordinary procedures of the State and Federal Highway Administration. r
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project.The Agency agrees N
that the State shall have the full authority to carry out this administration.The State shall review, process, and approve documents f°
3
required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the
State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and
awards the project,the State shall review the work to ensure conformity with the approved plans and specifications.
III. Project Administration o
Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Z
Type of Work above. In addition,the State will furnish qualified personnel for the supervision and inspection of the work in progress. On M
Local Agency advertised and awarded projects,the supervision and inspection shall be limited to ensuring all work is in conformance o
with approved plans, specifications, and federal aid requirements.The salary of such engineer or other supervisor and all other salaries N
and costs incurred by State forces upon the project will be considered a cost thereof.All costs related to this project incurred by
employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project.
r
IV.Availability of Records
All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance Q
with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of +,
Transportation, and the Washington State Department of Transportation.The records shall be open to inspection by the State and i
Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than 0
three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or c
Federal Government upon request. rn
V.Compliance with Provisions
.r
The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing
by the State for each classification.The classifications of work for projects are: E
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1. Preliminary engineering. ;v
2. Right of way acquisition. Q
3. Project construction. O
Once written authorization is given,the Agency agrees to show continuous progress through monthly billings. Failure to show 0
continuous progress may result the Agency's project becoming inactive, as described in 23 CFR 630, and subject to de-obligation of U)
federal aid funds and/or agreement closure.
If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the 4)
close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to E
t
the State the sum or sums of federal funds paid to the Agency under the terms of this agreement(see Section IX). L)
If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year Q
following the fiscal year in which the right of way phase was authorized,the Agency will repay to the State the sum or sums of federal
DOT Form 140-039 Packet Pg. 120
Revised 04/2022
8.H.a
funds paid to the Agency under the terms of this agreement(see Section IX).
The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this
project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, 06
even though such additional work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects,the current federal aid regulations which apply to liquidated
0
damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete Cl)
the contract within the contract time.
c
VI. Payment and Partial Reimbursement >
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency Q
t
and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part
200.The State shall not be ultimately responsible for any of the costs of the project.The Agency shall be ultimately responsible for all
costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as E
a promise by the State as to the amount or nature of federal participation in this project.
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws.The agency o
shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the d
Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation
unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200- Uniform Admin E
Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. a�
The State will pay for State incurred costs on the project. Following payment,the State shall bill the Federal Government for C
reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to M
this project.The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government(see
Section IX). y
1. Project Construction Costs
Project construction financing will be accomplished by one of the three methods as indicated in this agreement.
Method A—The Agency will place with the State,within (20)days after the execution of the construction contract, an advance in the to
amount of the Agency's share of the total construction cost based on the contract award.The State will notify the Agency of the exact
amount to be deposited with the State.The State will pay all costs incurred under the contract upon presentation of progress billings 3
from the contractor. Following such payments,the State will submit a billing to the Federal Government for the federal aid participation
share of the cost.When the project is substantially completed and final actual costs of the project can be determined, the State will =
present the Agency with a final billing showing the amount due the State or the amount due the Agency.This billing will be cleared by
either a payment from the Agency to the State or by a refund from the State to the Agency. 0
Method B—The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its
Z
monthly fuel tax allotments.The face of this agreement establishes the months in which the withholding shall take place and the exact M
amount to be withheld each month.The extent of withholding will be confirmed by letter from the State at the time of contract award. o
Upon receipt of progress billings from the contractor,the State will submit such billings to the Federal Government for payment of its N
participating portion of such billings.
Method C—The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once
per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable m
to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be U
eligible for Federal participation unless claimed under a previously approved indirect cost plan. Q
The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this
agreement.At the time of audit,the Agency will provide documentation of all costs incurred on the project.The State shall bill the
Agency for all costs incurred by the State relative to the project.The State shall also bill the Agency for the federal funds paid by the
State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). N
rn
VII.Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible
federal aid costs on the project.The report of said audit shall be in the Agency's files and made available to the State and the Federal a)
E
Government. (D
m
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing
standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual Q
M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and p
FHWA; and 2 CFR Part 200.501 -Audit Requirements. 0
U)
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall 3:
reimburse the State for the amount of such overpayment or excess participation (see Section IX).
Vill. Single Audit Act
E
The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all
applicable federal and state statutes and regulations.A subrecipient who expends$750,000 or more in federal awards from all sources r
during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2 Q
CFR Part 200.501. Upon conclusion of the audit,the Agency shall be responsible for ensuring that a copy of the report is transmitted
DOT Form 140-039 Packet Pg. 121
Revised 04/2022
8.H.a
promptly to the State.
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g., State force 06
work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after
the Agency has been billed,the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to �o
the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless W
otherwise directed by the Director, Local Programs.
Project Agreement End Date-This date is based on your projects Period of Performance(2 CFR Part 200.309).
Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement.All eligible costs incurred prior Q
t
to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they
become ineligible for federal reimbursement. m
X.Traffic Control, Signing, Marking, and Roadway Maintenance cEa
The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project
without prior approval of the State and Federal Highway Administration.The Agency will not install or permit to be installed any signs, a
signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD.The Agency +,
will, at its own expense, maintain the improvement covered by this agreement. W
XI. Indemnity m
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The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense
c
all claims, demands, or suits,whether at law or equity brought against the Agency, State, or Federal Government, arising from the
Agency's execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract
connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, y
nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to Q
persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State.
XII. Nondiscrimination Provision o
No liability shall attach to the State or Federal Government except as expressly provided herein.
The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT- 3
assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26.The Agency
shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of
USDOT-assisted contracts and agreements.The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT,
is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms o
shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the Z
Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under ��
18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S. C. 3801 et seq.). c
The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification N
thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan,
insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, a
the required contract provisions for Federal-Aid Contracts(FHWA 1273), located in Chapter 44 of the Local Agency Guidelines.
The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment Q
practices when it participates in federally assisted construction work: Provided,that if the applicant so participating is a State or Local
Government,the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government
which does not participate in work on or under the contract.
The Agency also agrees: N
(1)To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal M
opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. ,
(2)To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the
State in the discharge of its primary responsibility for securing compliance. aEi
(3)To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,with L
a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction Q
contracts pursuant to the Executive Order.
(4)To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors p
and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Cn
Executive Order.
r
In addition, the Agency agrees that if it fails or refuses to comply with these undertakings,the State may take any or all of the
following actions: E
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(a)Cancel,terminate, or suspend this agreement in whole or in part; L)
(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal Q
occurred until satisfactory assurance of future compliance has been received from the Agency; and
DOT Form 140-039 Packet Pg. 122
Revised 04/2022
8.H.a
(c)Refer the case to the Department of Justice for appropriate legal proceedings.
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to 06
the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within
the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in cn
accordance with this paragraph. M
XIV.Termination for Public Convenience c
a�
The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in Q
part,whenever:
.r
(1)The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
(2)The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with
respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of ca
L
the State with respect to the preservation of energy resources. o
(3)The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining d
order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of
persons or agencies other than the contractor. M
(4)The Secretary is notified by the Federal Highway Administration that the project is inactive.
(5)The Secretary determines that such termination is in the best interests of the State.
XV.Venue for Claims and/or Causes of Action M
For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency
has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the y
Superior Court for Thurston County. Q
XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
The approving authority certifies, to the best of his or her knowledge and belief, that: t%
(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
an 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, renewal, amendment, _
or modification of any federal contract, grant, loan, or cooperative agreement. r-
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to 0
influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee Z
of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement,the undersigned shall M
N
complete and submit the Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. c
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(3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at
all tiers(including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements)which
exceed $100,000, and that all such subrecipients shall certify and disclose accordingly.
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a
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 as a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. U
Q
Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than
$100,000 for each such failure.
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XVII.Assurances
Local agencies receiving Federal funding from the USDOT or its operating administrations(i.e., Federal Highway Administration, N
Federal Transit Administration, Federal Aviation Administration)are required to submit a written policy statement, signed by the Agency M
Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with
Section 504 and the Americans with Disabilities Act(ADA).
Additional Provisions M
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DOT Form 140-039 Packet Pg. 123
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8.H.a
Instructions
1. Agency Name and Billing Address—Enter the Agency of primary interest which will become a party to the agreement. 06
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2. Project Number—Leave blank.This number will be assigned by WSDOT.
0
3. Agreement Number—Leave blank.This number will be assigned by WSDOT. U)
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4.
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a. Project Description—Enter the project name,total length of the project(in miles), and a brief description of the termini. Data Q
entered here must be consistent with the name, length, and termini noted in the STIP and Project Prospectus
m
Example:(Name)"Regal Road", (Length)1.2 miles", (Termini)"Smith Road to Main Street"
E
b. Description of Work—Enter a concise statement of the major items of work to be performed. Statement must be consistent
with the description of work noted in the STIP and Project Prospectus. 0
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Example:"Overlay Regal Road; install curb, gutter, and sidewalk; illumination; and traffic signal at the intersection of Regal d
Road and Dakota Avenue." a0i
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c. Project Agreement End Date—Enter the Project Agreement End Date(mm/dd/yy).This date is based on the project's Period
of Performance(2 CFR 200.309).
For Planning Only projects—WSDOT recommends agencies estimate the end of the project's period of performance and add
three years to determine the"Project Agreement End Date".
N
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For PE and RW—WSDOT recommends agencies estimate when the phase will be completed and add three years to Q
determine the"Project Agreement End Date". For Construction—WSDOT recommends agencies estimate when construction r
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will be completed and add three years to determine the"Project Agreement End Date". o
d. Proposed Advertisement Date—At construction authorization only, enter the proposed project advertisement
date(mm/dd/yy).
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e. Claiming Indirect Cost Rate—Check the Yes box if the agency will be claiming indirect costs on the project. For those
projects claiming indirect costs, supporting documentation that clearly shows the indirect cost rate being utilized must be
provided with the local agency agreement. Indirect cost rate approval by your cognizant agency or through your agency's 0
self-certification and supporting documentation is required to be available for review by FHWA, WSDOT and/or State Auditor.
Check the No box if the agency will not be claiming indirect costs on the project. See section 23.5 for additional guidance. Z
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4. Type of Work and Funding(Round all dollar amounts to the nearest whole dollar) c
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a. PE—Lines a through d show Preliminary Engineering costs for the project by type of work(e.g., consultant, agency, state
services, etc.). c
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*Federal aid participation ratio for PE—enter ratio for PE lines with amounts in column 3.
• Line a—Enter the estimated amount of agency work in columns 1 through 3.
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• Line b&c—Identify user, consultant, etc., and enter the estimated amounts in columns 1 through 3.
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• Line d—State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1
through 3. N
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• Line e—Total of lines a + b+c+d.
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b. Right of Way—If a Right of Way phase is authorized on the project,the appropriate costs are shown in lines f through i.
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*Federal aid participation ratio for RW—enter ratio for RW lines with amounts in column 3. m
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• Line f—Enter the estimated amount of agency work in columns 1 through 3.
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• Line g &h—Identify user, consultant, etc., and enter the estimated amounts in columns 1 through 3. ~
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• Line i—State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 Cn
through 3.
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• Line j—Total of lines f+g + h + i.
c. Construction—Lines k through p show construction costs for the project by type of work(e.g., contract, consultant, agency,
state services, etc.). r
a
*Federal aid participation ratio for CN—enter ratio for CN lines with amounts in column 3.
DOT Form 140-039 Packet Pg. 124
Revised 04/2022
8.H.a
• Line k—Enter the estimated cost of the contract.
• Lines I, m, &n—Enter other estimated costs such as utility and construction contracts or non-federally matched
contract costs. 06
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• Line o—Enter estimated costs of all construction related agency work.
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• Line p—State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 0
through 3. c
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• Line q—Total Construction Cost Estimate.Total of lines k+I + m + n +o+p. Q
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d. Total Project Cost Estimate
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• Line r—Total Cost Estimate of the Project.Total of lines e+j +q.
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'Please remember, if the federal aid participation rate entered is not the maximum rate allowed by FHWA, then the
participation rate entered becomes the maximum rate allowed. 0
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6. Signatures—An authorized official of the local agency signs the agreement and enters their title and date of signature (mm/dd/
yy). Note:Do NOT enter a date on the Date Executed line.
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7. Method of Construction Financing—Choose the method of financing for the construction portion of the project.
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a. Method "A" is used when the state administers the contract for the agency. 0
b. Method "B" is also used when the state administers the contract for the agency. N
N
c. Method "C" is used with projects administered by the local agency.The agency will submit billings monthly through the Q
state to FHWA for all eligible costs.The billings must document the payment requests from the contractor. If state-force
work, such as audit and construction engineering, is to receive federal participation, it will be billed to the agency and FHWA
simultaneously at the indicated ratio.To show continuous progress agencies should bill monthly until agreement is closed. N
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8. Resolutions/Ordinances—When someone other than the County Executive/Chairman, County Commissioners/Mayor is 3
authorized to sign the agreement,the agency must submit to WSDOT with the agreement a copy of the Resolution/Ordinance
designating that individual. _
9. Parties to the Agreement—Submit one originally signed agreement form to the Region Local Programs Engineer. It is
0
the responsibility of the local agency to submit an additional, originally signed agreement form if they need an executed
agreement for their files.The agreement is first executed by the agency official(s)authorized to enter into the agreement. Z
It is then transmitted to the state for execution by Local Programs.The agreement is dated at the time of final execution by N
Local Programs. N
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DOT Form 140-039 Packet Pg. 125
Revised 04/2022
8.H.b
�1 Washington State Transportation Building
W/AI Department of Transportation 310 Maple Park Avenue S.E.
p P.O.Box 47300 06
Olympia,WA 98504-7300
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360-tob-1000 7
TTY: 1-800-833-6388 O
www.wsdot.wa.gov N
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January 10, 2024 a
Mr. Chad Bieren, PE
Public Works Director
City of Kent a
220 Fourth Avenue South r
Kent, WA 98032-5838 E
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RE: 64th Ave S./W. James St
2023 National Highway System (NHS)Asset Management Program N
Federal Funding a
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Dear Mr. Bieren: co
WSDOT is pleased to advise you that the above-mentioned project was selected to receive funding
through the 2023 NHS Asset Management program. The federal funding is limited as shown below: T
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64th Ave S./W. James St $3,070,000 c
Scope: Pavement repair, grind, mill, overlay, improve bus stops, bike lane, curb ramps, Z
crosswalk, sidewalk, and upgrade ped push buttons. N
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NOTE:Funding provided requires the local match as detailed in your project application. If no
local match was identified,federal funds are available at 100%,for all eligible federal expenditures.
Construction must be completed as a single contract and authorized by August 31, 2026, or funds
may be reprogrammed to other projects. Scope changes are not allowed.
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To meet state and federal requirements,the following are required: L
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• Project expenditures incurred before receiving notice from Local Programs of federal fund o
authorization are not eligible for reimbursement.
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• Please refer to the Local Programs webpage for detailed information, including:
(http://www.wsdot.wa.gov/locall2ro rg ams)
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✓ Local Agency Guidelines (LAG)manual for the requirements regarding -a
programming, authorization, reimbursement, etc.; 3
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✓ Projects utilizing federal funds must be included in your current Transportation
Improvement Program (TIP) as a complete programmed project. Once your TIP a
amendment is approved, WSDOT will amend the Statewide Transportation
Improvement Program (STIP);
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✓ Funding and billing forms; E
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Packet Pg. 126
8.H.b
Mr. Chad Bieren, PE
City of Kent
January 10, 2024 3
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✓ Local Project Report is required to be completed by the end of June and December
each year. To access the database you will need an account name and password. a
Your account name is Kent and your password is Kent291. The password is case
sensitive. to
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• If the project is not actively pursued, or becomes inactive (23 CFR 630), the project is at 2
risk of being cancelled, funds repaid and reprogrammed. o
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• FHWA requires that all projects are ADA compliant upon completion or the federal funds
must be repaid. 0
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As a reminder,Local Programs requires all agencies to submit monthly progress billings to ensure
timely reimbursement of eligible federal expenditures.
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For assistance,please contact your Region Local Programs Engineer, Mehrdad Moini at 206.440.4734 a
or Mehrdad.Moinina,wsdot.wa.gov.
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Sincerely, CO
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Jay Drye, PE c
Director
Local Programs z
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cc: Kelly McGourty, Transportation Director, PSRC a
Mehrdad Moini,Northwest Region Local Programs Engineer
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Packet Pg. 127
10.A
KENT
WASHINGTON
DATE: March 19, 2024
TO: Kent City Council
SUBJECT: Springwood Park Renovation Project Bid - Award
MOTION: I move to award the Springwood Park Renovation Project bid to
Terra Dynamics Inc. and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to the City
Attorney and Parks Director.
SUMMARY: This project will renovate Springwood Park. This project consists of a
new park playground that features an embankment slide, a park shelter, a sport
court, new park lighting, improvements to circulation paths, and updates to
landscaping and irrigation.
A public bidding process yielded a total of eight bids with the lowest responsible
bidder being Terra Dynamics INC with a bid of $2,906,640.
The Engineers estimate for this project was $3,000,000 to $3,500,000.
BUDGET IMPACT: Parks Capital Budget
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. PRCS - Springwood Park Renovation-Bid Results (PDF)
Packet Pg. 128
10.A.a
4001*�10
KENT
PROJECT NAME: Sgringwood Park Renovation
PROJECT #: PK 20-04
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ENGINEER'S ESTIMATE: $3,000,000 - $3,500,000 3
BID OPENING Immediately Q
BID DUE DATE & TIME: 03/12/2024 1:0013M DATE & TIME: After Due
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BID OPENING LOCATION: Kent City Hall, First Floor ADDENDA: 2 a
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Total Bid Amount including Bid o
Bidder WSST B�ondd Addenda 2
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* Apparent Low Bidder: E
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* All bids require review by City of Kent staff. Awarded contractor will be notified directly. Q
Kent City Clerk
Packet Pg. 129