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City Council Committees - Committee of the Whole - 04/02/2024 (2)
KENT CITY COUNCIL • COMMITTEE OF THE WHOLE KENT Tuesday, April 2, 2024 W A S H IN G T O N 4:00 PM Chambers A live broadcast is available on Kent TV21, www.facebook.com/CitvofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, dial 253-215-8782 or 253-205-0468 Enter Meeting ID: 87459075269 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 ************************************************************** Item Description Action Speaker Time 1. CALL TO ORDER 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. DEPARTMENT PRESENTATIONS Operations-Council President Kaur, Subject Matter Chair A. Approval of Minutes YES i. Committee of the Whole - Committee of the Whole - Regular Meeting - Mar 19, 2024 4:00 PM Economic and Community Development-Council member Larimer, Subject Matter Chair B. INFO ONLY: Wildland-Urban NO Matt Gilbert 05 MIN. Interface Code Committee of the Whole Committee of the Whole - April 2, 2024 Regular Meeting Parks-Councilmember Michaud, Subject Matter Chair C. Chou Property Purchase YES Brian Levenhagen 10 MIN. Agreement - Kherson Park Expansion - Authorize D. Agreement with EarthCorps for YES Bryan Higgins 05 MIN. Mill Creek Canyon Trail Repair - Authorize Public Works-Councilmember Fincher, Subject Matter Chair E. Consultant Services Agreement YES Christina Neff 05 MIN. with Herrera Environmental for the Boeing Rock Enhancement Project - Authorize F. Highway Safety Improvement YES Drew Holcomb 05 MIN. Program - City Safety Road Diets Grant - Accept Additional Funds G. 132nd Avenue S.E. Multi-Use YES Toby Hallock 10 MIN. Path - Transportation Improvement Board Grant - Authorize S. ADJOURNMENT Unless otherwise noted, Council will hold Committee of the Whole at 4 p.m. on the first and third Tuesday of each month. Public Comment may be submitted in writing to the City Clerk at the meeting,which will be distributed to each councilmember and admitted into the record, but will not be read aloud at the meeting. In order to be admitted into the record,written comments shall be submitted not less than three hours prior to the start of the Committee of the Whole meeting to Cityclerk@kentwa.gov, unless a person appears in-person, in which case, the written comments will be handed to the City Clerk and will be admitted into the record of the Committee of the Whole meeting. For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725, or email CityClerk@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1. 4.A.1 Pending Approval Kent City Council - Committee • of the Whole KENT Committee of the Whole - WAS M IN G 7 0 N Regular Meeting Minutes March 19, 2024 Date: March 19, 2024 Time: 4:00 p.m. Place: Chambers as 1. CALL TO ORDER c Council President Kaur called the meeting to order. o 2. ROLL CALL ° Q. Attendee Name Title Status Arrived a Satwinder Kaur Council President Present Bill Boyce Councilmember Present a 0 John Boyd Councilmember Present Brenda Fincher Councilmember Present N Marli Larimer Councilmember Present N Zandria Michaud Councilmember Present Toni Troutner Councilmember Present 4- 3. AGENDA APPROVAL a� r A. I move to approve the agenda as presented. ER SULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Councilmember SECONDER: John Boyd, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner Q as 4. DEPARTMENT PRESENTATIONS 1. Approval of Minutes YES i. Committee of the Whole - Committee of the Whole - Regular Meeting - Mar 5, 2024 4:00 PM Packet Pg. 3 4.A.1 Kent City Council - Committee of the Whole March 19, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Councilmember SECONDER: John Boyd, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner 2. Payment of Bills - Approve MOTION: I move to approve the payment of bills. N d RESULT: MOTION PASSES [UNANIMOUS] Next: 4/2/2024 7:00 PM MOVER: Bill Boyce, Councilmember 4- SECONDER: John Boyd, Councilmember 0 AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner o L Q 3. Office of the Washington State Auditor Engagement Letter for a the 2023 Audit — Authorize a Accounting and Reporting Manager Megan Marks provided details on the o Office of the Washington State Auditor Engagement Letter for the 2023 Audit. N 0 N This Engagement Letter confirms the nature and limitations of the audit, as well as responsibilities of the parties and other engagement terms. The letter also confirms the audits will be performed for the City of Kent by the Office of 4- the Washington State Auditor in accordance with the provisions of Chapter 43.09 of the Revised Code of Washington. The following audits for the fiscal year ended December 31, 2023, will be performed: • Financial Statement Audit • Federal Single Audit • Accountability Audit a A budget increase of $30,000 is needed to cover the cost of the audit. MOTION: I move to authorize the Mayor and Finance Director to sign the Engagement Letter with the Office of the Washington State Auditor for the 2023 audit, amend the budget to cover the audit costs, and authorize the expenditure of funds accordingly. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 8 Packet Pg. 4 4.A.1 Kent City Council - Committee of the Whole March 19, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: MOTION PASSES [UNANIMOUS] Next: 4/2/2024 7:00 PM MOVER: John Boyd, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner 4. INFO ONLY: Fourth Quarter 2023 Investment Report Cash and Investment Officer, Joe Bartlemay presented the Fourth Quarter 2023 Investment Report. w c Bartlemay reviewed the cash and investments by type and compared 2022 to 2023, the cash and investments month ending balances comparing 2021- o 2023, and quarterly interest earnings comparing the fourth quarter 2022 and the entire 2023 year. a a Bartlemay talked about the PFM Asset Management portfolio and statistics, a sector allocations and compliance. a 5. Info Only: Introduction of Behavioral Health Facilities Code R Update Project N Planner Lindsay Walker provided the Council with information on the N Behavioral Health Facilities Code Update Project. L R Walker advised she is here to discuss Behavioral Health Facilities and the 4- state's goal to transition patients out of large state-run hospitals into smaller facilities to better integrate them into the community, consistent with state law. a� Today, we will discuss the different types of facilities and their standards to help us consider appropriate locations and zonings for these facilities. 2 This discussion will help us prepare for further evaluation and fine- tuning of potential code amendments later this year. a a� Walker talked about Ordinance 4469, that added opioid treatment programs as an essential public facility and updated statues concerning how local governments could regulate these programs. Under state law, cities and counties may establish processes and requirements to site Essential Public Facilities but cannot prohibit them from locating within their jurisdictions. King County adopted a levy to raise funds to address this need regionally. The Washington State Department of Commerce awarded over $160,000,000 in funding to public and private developers for new construction, renovation and acquisition of land for behavioral health ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 3 of 8 Packet Pg. 5 4.A.1 Kent City Council - Committee of the Whole March 19, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... facilities. The State is in the process of modernizing and reforming the mental health system and is expediting efforts to support smaller community- based health facilities. As of July 2022, people will wait an average of 44 days for a mental health residential bed. Walker advised the Kent City Code includes a map of where Opioid Treatment Facilities are allowed within our Light and Medium Industrial Zonings. These facilities do require a Conditional Use Permit and has additional materials that are required to be submitted at intake. 4- 0 Kent's Code has a definition and use that doesn't quite match the full extent of these new emerging residential health facilities. Kent's land use 0 code contains Residential Facility with Health Care which is defined as a a medically staffed facility intended for the long-term residential care of more than 10 handicapped individuals who, because of age or medical a condition, are incapable of independent living. R Unfortunately, this would not be inclusive of most Behavioral Health o Facilities because it's a less intensive use geared towards residents who need assistance with everyday needs and end of life care. Behavioral L Health Facilities require higher staffing ratios with more licensed professionals and assist with a variety of mental health, substance use 0 and medical needs. r Since there is an array of different Community Based Behavioral Health Facilities, staff decided to categorize them into two different intensities - lower and higher. While each facilities has higher staffing and 24-hour monitoring, facilities where residents are free to come and go are considered a Lower Intensity. Facilities that are more secured, where a residents may be civilly committed are considered a Higher Intensity. Facilities that also house youth are considered a higher intensity, based on the additional measures needed to keep children and youth secure and safe. Staff has proposed two different intensity categories at this time, but changes may be made in the future. Staff is not considering safe injection site or changes to its secure transition facilities, which regulation housing for sex offenders. Opioid Treatment Programs are outpatient programs that treat opioid use disorder while Enhanced Services Facilities are residential medium ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 4 of 8 Packet Pg. 6 4.A.1 Kent City Council - Committee of the Whole March 19, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes and long-term care facilities that provides support and services to persons whom acute inpatient treatment is not medically necessary, but residents are unable to live independently. We also included Intensive Behavioral Health Treatment Services (IBHTF) provides specialized treatment for individuals who may be discharging or being diverted from state and local hospitals. The goal is to improve functioning so that they can transition into a more independent setting. For higher intensity facilities, we have included Residential Crisis Stabilization Programs, Secure Withdrawal Facilities, Evaluation and Treatment Facilities and Residential Substance Use Disorder Treatment Facilities. These different facilities provide care ranging from o 5 days up to 180 days, depending on the need of the individuals. While treatment can be voluntary, many residents are civilly committed. Many a of these facilities provide services necessary to stabilize and restore the a individual to a transition home, back into the community or to a more long-term setting. Currently, there's only 46 beds for 2.3 million people in a the state with none being provided for youth fir Residential Crisis o Stabilization Facilities. N O The Model Ordinance was released by Department of Commerce in June of 2021, with amendments made in April of 2022. They provided many L recommendations, including that parking requirements should be based off staffing. If transit is accessible, one parking stall per staff member on o the largest shift should suffice. Facilities should include bedrooms, a bathing facilities, a commercial kitchen, large dining room, offices and counseling space, nursing stations, outdoor recreational area and laundry facilities. The model ordinance was able to provide suggestions on staffing and sizing for more common facilities, but others have not been identified yet. a Most facilities appear to house up to 16 beds or alternatively, up to 24 beds. Staffing is provided at a higher ratio for all facilities with Enhanced services facilities proposing 1 staff per every 4 residents and intensive behavioral health facilities proposing a minimum of 17 staff a day up to 27 staff members a day. Most facilities appear to range from 6,000-8,000 sf to accommodate the bedrooms and other necessities of the facility, but some have been constructed much larger. Walker reviewed feedback from other jurisdictions in Washington: • Seattle has been identifying these facilities as "institutions" and allowing them in multifamily zones with a "conditional use permit." • Port Angeles identifies these facilities as "medical buildings" and has ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 5 of 8 Packet Pg. 7 4.A.1 Kent City Council - Committee of the Whole March 19, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes permitted one in a commercial zone. They said they may consider higher density residential zones with conditional use permits. • Pierce County is allowing some of these uses within urban commercial zones and urban mixed use zones and may consider other zone. • Olympia may permit Crisis intervention services within residential zones with a conditional use permit; however, none have been approved as of the end of 2023. Their code allows them to be reviewed with lesser requirements within non-residential zones. • Renton said supportive and transitional housing may be allowed with a conditional use permit, but other behavioral health facilities have not been considered. • Tukwila considers these unclassified uses and does not currently have a 0 permitting pathway for them. 0 L Q The goal of this presentation is to provide a first look into some of a behavioral health facilities that the state is supporting. Staff will schedule future meetings with our Land Use and Planning Board as well as you all a so we can further discuss identifying and defining the individual uses and o facilities, appropriate locations based on land use and zoning as well as development standards and conditions to mitigate the potential impacts N for the uses. L There's a regional need for opioid treatment facilities and Kent wants to be part of the solution. We had a great discussion with LUPB and was 0 hoping to further that discussion with you. What types of areas would r make sense to house Opioid Treatment Programs? What characteristics or services should these areas have? a� Council expressed interest in locating facilities on the west hill in an area where transit and medical services are available. 6. King County Veterans, Seniors and Human Services Levy 2021- a 2023 Extension - Authorize Cindy Robinson, Manager of the Senior Center provided details on the King County Veterans, Seniors and Human Services Levy 2021-2023 Extension agreement. Robinson advised King County has proposed an amendment to the City's Veterans, Seniors and Human Services agreement that will extend the contract end date for the VSHS Levy for funding from 12/31/23 to the earlier of: 12/31/24 or 60 days following written notice from King County. King County is currently adding $309,007 of additional funding for calendar year 2024. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 6 of 8 Packet Pg. 8 4.A.1 Kent City Council - Committee of the Whole March 19, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes These funds are primarily used to support the Kent Senior Activity Center in providing outreach and senior services to the senior population that are served including many marginalized and isolated members of our community. MOTION: I move to authorize the Mayor to accept grant funds from King County through the Veterans Seniors, and Human Services Levy, amend the budget, authorize expenditure of the grant funds, and authorize the Mayor to sign all documents, subject to final terms and conditions acceptable to the Parks Director and City Attorney. w RESULT: MOTION PASSES [UNANIMOUS] Next: 4/2/2024 7:00 PM MOVER: Zandria Michaud, Councilmember o SECONDER: Marli Larimer, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner a a a_ 7. INFO ONLY: 2025-2030 Transportation Improvement Program a David Paine, Planner presented information on the Transportation o Improvement Program. N CD The Kent Transportation Improvement Program (TIP) represents the City's N proposed transportation improvement work program for the next six years. Updated annually as required by State code, the six-year plan includes capital projects and programs for inclusion in the TIP and Statewide 4- Transportation Improvement Program (STIP). The TIP is required to be ° N consistent with the Kent Transportation Master Plan (TMP), with projects r nominated from the TMP or included by other agencies. Including projects in the TIP allows the City to coordinate with other agencies, seek input from the public, search for funding partners, and apply for grants. Most state and federal agencies require that projects being submitted for grants be included in the City's adopted TIP. a Paine advised State law requires that the City hold a public hearing before adopting the TIP. This public hearing will be held on May 21s' at the regularly scheduled City Council meeting. Staff has started outreach for additional input to add to the six-year TIP. The program includes programmed and reasonably expected projects in addition to removing and adding projects. Paine provided details on the proposed additions for 2025-2030: • 132nd Street SW overlay - between 228th and 240th - adding curb for walking paths ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 7 of 8 Packet Pg. 9 4.A.1 Kent City Council - Committee of the Whole March 19, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ................................................................................................................................................................................................................................................................................................ ._.............................................................................................................................................................................................................. • Kent Target Zero Action Plan, Phase 1 implementation - will result in a recommended bundle of projects. • 132nd Ave SE East Hill North Park access - adding left turn lane and walking path • Central Avenue and E Smith Street • Benson Corridor Plan - Land use and transportation plan - The City has received notice from the Puget Sound Regional Council indicating a 3 recommended award is coming. This project will include a coordinated land use and transportation plan - include visioning, outreach and engagement to 0 reflect and support transportation investment. 0 Transportation Engineering Manager Rob Brown responded to Councilmember a Larimer's question regarding access to the East Hill NOorth Park and safety a concerns. a 0 Paine responded to Councilmember Michaud's question about the 132nd (228th & 240t") project that will add curbs to connect neighborhoods to the N pedestrian network. N o� 5. ADJOURNMENT 4- 0 Meeting ended at 4:43 p.m. a r Kivu, Le,y A. Kawwtcr City Clerk c �a a aD a a� c ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 8 of 8 Packet Pg. 10 4.6 ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT Kurt Hanson, AICP, EDFP 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5454 DATE: April 2, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: INFO ONLY: Wildland-Urban Interface Code SUMMARY: Deputy Economic and Community Development Director Matt Gilbert will provide an update to the Council on the Wildland-Urban Interface Code. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Packet Pg. 11 4.0 PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT 4^4� Julie Parascondola, CPRO, Director • KENT 220 Fourth Avenue South WASHI NGTON Kent, WA 98032 253-856-5100 DATE: April 2, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Chou Property Purchase Agreement - Kherson Park Expansion - Authorize MOTION: I move to authorize the Mayor to take all action and sign all documents to purchase the Li Chou property for $347,000, plus closing costs, on final terms acceptable to the Parks Director and City Attorney and ratify all actions consistent with this motion. SUMMARY: The Li Chou Property is approximately 5,173 square feet in size and is located at 302 West Meeker Street, Kent, WA 98032-5895: King County Tax Parcel Number 982570-0390. This acquisition will allow the City to increase the size of the popular Kherson Park in downtown. Acquisition of the property will be covered by City Funds. In the interest of time the Purchase and Sale Agreement was signed by the seller and Mayor on March 241", 2024, subject to City Council approval. If authorized, this item will be added to the consent calendar for Council tonight. BUDGET IMPACT: Parks Capital Budget. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: Packet Pg. 12 4.0 1. Kherson Property Purchase Li Chou-EXHIBIT (PDF) Packet Pg. 13 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 EXHIBIT A REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION N L 0 Q This Agreement is entered between the CITY OF KENT, a Washington c municipal corporation, ("Buyer") whose mailing address is 220 41h Avenue South, 0 Kent, Washington 98032-5895, and Nan Li (who took title as Nan Li Chou) and - w Sio Wan Chou, husband and wife, ("Seller") whose mailing address is L 13360 SE 43rd Place, Bellevue, WA 98006 , for the sale and purchase of 0 real property as follows: Y 1. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees to sell, is a vacant lot known as King County Tax Parcel Number 982570-0390, located a. at 302 W Meeker St., Kent, WA 98032 (the "Property"). The Property is legally described in Exhibit""A", attached hereto and incorporated herein by this reference. c L a. 0 2. EARNEST MONEY. Within 15 business days of mutual acceptance of this Agreement, Buyer shall deposit with Fidelity National Title Insurance Company LO CD (the "Escrow Agent"), the sum of Five Thousand Dollars ($5,000) in the form of a Certified Check, as refundable earnest money to be applied toward the purchase price m x of the Property payable at Closing. If this agreement is terminated for any reason, w the Earnest Money shall be returned to Seller in full within 5 business days of 0 U termination. J d to ca t 3. PURCHASE PRICE. The total purchase price for the Property is three- a. hundred forty-seven thousand dollars ($347,000), including Earnest Money, payable on Closing. �- 0 L a. r_ 0 4. CONTINGENCIES. This Agreement is contingent upon: (a) Buyer's receipt of Seller's information contained in the Real Y Property Transfer Disclosure Statement ("Disclosure Statement") the form of which is set forth in Exhibit 'L"B." The Disclosure U 0 Statement shall be completed by the Seller within 15 business a Real Estate Purchase and Sale Agreement Page 1 of 7 Packet Pg. 14 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a days from the date of mutual acceptance of the Agreement. Within 10 days of Buyer's receipt of the Disclosure Statement N •L from Seller, Buyer shall either approve and accept the Disclosure 0 Statement, or rescind the Agreement to purchase the Property, a in its sole and absolute discretion. If Buyer does not deliver a c written rescission notice to Seller within the ten-day period, the a x Disclosure Statement will be deemed approved and accepted by W L Buyer. a c (b) City Council Authorization as provided in Section IS below. L d Y Should any of the contingencies not be met prior to Closing, then this Agreement N shall terminate and neither Buyer nor Seller shall have any further rights, duties or L obligations hereunder, except that the Earnest Money in Escrow shall be immediately a returned to Buyer. a 0 L a. 5. CONVEYANCE AND CONDITION OF TITLE. The title to the Property 0 U shall be conveyed by Seller to Buyer at Closing by Statutory Warranty Deed, in a U) form substantially as that provided in Exhibit "D", free and clear of all liens, M encumbrances or defects except those General Exceptions described in Schedule B, m paragraphs A-C and G-J of Title Report Number 611334645, of Exhibit "C", attached x W hereto and incorporated herein by this reference. All other special exceptions therein, c except that described in paragraph 1, are to be removed on or before Closing. L) J General exclusions and exceptions common to the area and not materially affecting N �a the value of or unduly interfering with Buyer's reasonable use of the Property shall L be permitted. All monetary encumbrances and special exceptions listed in Exhibit a "C", other than those specifically noted above, are to be removed on or before a 0 closing. a. c 0 L 6. TITLE INSURANCE. At Closing, Buyer shall cause Escrow Agent, to Y issue standard coverage owner's policy of title insurance to Buyer in an amount equal to the total purchase price of the Property. For purposes of this Agreement, the following shall not be deemed encumbrances or defects: rights reserved in a Real Estate Purchase and Sale Agreement Page 2 of 7 Packet Pg. 15 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a federal patents or state deeds, building or use restrictions consistent with current zoning and utility and road easements of record. If title cannot be made so insurable N L prior to Closing, unless Buyer elects to waive such defects or encumbrances, this 0 Agreement shall terminate and the Earnest Money shall be returned to Buyer. a 0 7. CLOSING COSTS AND PRO-RATIONS. Buyer shall pay all real estate a x excise taxes, escrow fees, recording costs, title insurance premium, the costs of any w L survey, and the fees and expenses of its consultants. Taxes for the current year, a c rents, interest, water, sewer and other utility charges, if any, shall be paid by Seller, L d and prorated as of the day of Closing. Y a� S. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed within 30 days of a the date of mutual acceptance of this Agreement, which shall also be the termination a date of this Agreement, unless said Closing date is extended in writing by mutual 0 a. agreement of the parties. When notified, the Buyer and Seller will deposit, without 0 delay, in escrow with the Escrow Agent, all instruments and monies required to L) complete the transaction in accordance with this Agreement. Closing, for the purpose LO M of this Agreement, is defined as the date that all documents are executed and the Fn sale proceeds are available for disbursement to the Seller. x w 0 9. CASUALTY LOSS. If, prior to Closing, the Property shall be destroyed or materially damaged by flood, earthquake, or other casualty, this Agreement, at a� option of the Buyer, shall become null and void. L 10. POSSESSION. Buyer shall be entitled to possession on Closing. a 0 L a. 11. SELLER'S REPRESENTATIONS. Seller represents: o (a) that Seller will maintain the Property in present or better condition until Y time of agreed possession; a� E U 0 a Real Estate Purchase and Sale Agreement Page 3 of 7 Packet Pg. 16 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a (b) that Seller has no knowledge of notice from any governmental agency of any violation of laws relating to the Property except: N •L 0 Q 12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents c that, to the best of Seller's knowledge, Seller is not aware of the existence of, or has a x caused or allowed to be caused, any environmental condition (including, without W L limitation, a spill, discharge or contamination) that existed as of and/or prior to a c Closing or any act of omission occurring prior to Closing, the result of which may L d require remedial action pursuant to any federal, state or local law or may be the basis Y for the assertion of any third party claims, including claims of governmental entities. N This provision shall survive Closing and be in addition to Seller's obligation for breach L of a representation or warranty as may be set forth herein. a. a� a 0 13. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold a. 0 harmless the Buyer, against and in respect of, any and all damages, claims, losses, 0 U liabilities, judgments, demands, fees, obligations, assessments, and expenses and U) costs, including, without limitation, reasonable legal, accounting, consulting, M engineering and other expenses which may be imposed upon or incurred by Buyer, m or asserted against Buyer, by any other party or parties (including, without limitation, x W a governmental entity), arising out of or in connection with any environmental c condition existing as of and/or prior to Closing, including the exposure of any person J to any such environmental condition, regardless of whether such environmental N �a condition or exposure resulted from activities of Seller or Seller's predecessors in 2- interest. This indemnity shall survive Closing and be in addition to Seller's obligation a for breach of a representation or warranty as may be set forth herein. a 0 L a. r- 14. DEFAULT AND ATTORNEY'S FEES. L (a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall Y be limited to damages against Buyer in the liquidated amount of the Earnest Money previously paid by the Buyer. Buyer and Seller intend that said amount constitutes liquidated damages and so as to avoid a Real Estate Purchase and Sale Agreement Page 4 of 7 Packet Pg. 17 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a other costs and expenses to either party in connection with potential litigation on account of Buyer's default. Buyer and Seller believe said N L amount to be a fair estimate of actual damages. 0 0 (b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the a rights and remedies available at law or in equity. c (c) Attorney's Fees and Costs. In the event of litigation to enforce any of a x the terms or provisions herein, each party shall pay all its own costs and W L attorney's fees. a c 0 N L d 15. NOTICE TO SELLER. This form contains provisions for an agreement Y for the purchase and sale of real estate. Buyer makes no warranty or representation N 0 of any kind that this form, or any of its provisions, is intended to meet the factual L and legal requirements of a particular transaction, or that it accurately reflects the a laws of the State of Washington at the time Seller enters into the Agreement. THIS a 0 AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS a. 0 ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING 0 U THESE CONSEQUENCES. LO as M 16. NON-MERGER. The terms, conditions, and provisions of this Fn Agreement shall not be deemed merged into the deed, and shall survive the Closing x and continue in full force and effect. W 0 U 17. NOTICES. All notices required or permitted to be given hereunder shall a� be in writing and shall be sent U.S. certified mail, return receipt requested, or by L facsimile transmission addressed as set forth below: a (a) All notices to be given to Buyer shall be addressed as follows: a 0 Adam Long a. Law Department o City of Kent L 220 Fourth Avenue South Y Kent, WA 98032 a� (b) All notices to be given to Seller shall be addressed as follows: 0 a Real Estate Purchase and Sale Agreement Page 5 of 7 Packet Pg. 18 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a Tian Li and Sio Wan Chou 13360 SE 43rd Place, Bellevue, WA 98006 N •L 0 Q (c) All notices to be given to Escrow Agent shall be addressed as follows: c Lisa Hayes X- Fidelity National Title W 5006 Center Street, Suite J Tacoma, WA 98409 0 N L d Either party hereto may, by written notice to the other, designate such other address Y for the giving of notices as necessary. All notices shall be deemed given on the day N 0 such notice is personally served, or on the date of the facsimile transmission, or on L the third day following the day such notice is mailed in accordance with this section. a a� a 0 18. CITY COUNCIL ACTION REQUIRED. Seller acknowledges that the a. 0 closing of the transaction contemplated by this Agreement (the "Closing") is 0 U expressly conditioned on the City of Kent City Council's (the "City Council's") prior U) authorization to buy the Property under this Agreement ("Council Authorization"), M which may or may not be granted in the City Council's sole discretion. The City of m Kent shall not be liable or obligated for any burden or loss, financial or otherwise, x W incurred by Seller as a result of the City Council's modification of the final terms and c conditions of this Agreement, or the City Council's failure to grant the Council J Authorization. N �a 18.1 Seller's Waiver. Seller expressly waives any claim against the 2- City of Kent and its elected officials, officers, employees, representative and agents a. for any burden, expense or loss which Seller incurs as a result of the City Council's a 0 failure to grant the Council Authorization. a. c 0 L 19. ENTIRE AGREEMENT. This Agreement, including all incorporated Y exhibits, constitutes the full understanding between Seller and Buyer. There have been no verbal or other agreements that modify this Agreement. 0 a Real Estate Purchase and Sale Agreement Page 6 of 7 Packet Pg. 19 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a 20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the N •L terms, conditions and provisions of this Agreement shall survive the Closing of this 0 transaction. a 0 21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, a x the date of mutual acceptance of this Agreement shall be the last date on which the w L parties to this Agreement have executed this Agreement as indicated below. a c 0 N L d 22. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on Y March 25, 2024, to accept the Agreement as written, by delivering a signed N 0 copy thereof to the Buyer's agent, Adam Long. If Seller does not so deliver a L signed copy within said period, this Agreement shall lapse and all right of the parties a hereunder shall terminate. a 0 L- a. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on 0 U the date set forth below. LO a� M BUYER: CITY OF KENT m_ x x w Ly By: J Dana Ralph N �a Its: Mayor a Dated: 03/25/2024 a� a 0 L a. SELLER: Jian Li and Sio Wan Chou o AuthentISIGN AuthentisscN (n CJiGLv� C i [�IO �ah CAOU 03/25/24 Y By: and a� Its: Owners U 0 Dated: 0325/24 a Real Estate Purchase and Sale Agreement Page 7 of 7 Packet Pg. 20 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a EXHIBIT A LEGAL DESCRIPTION N L O w 3 Q THE NORTH 86.22 FEET OF LOT 10 IN BLOCK 6 OF YESLER'S FIRST ADDITION TO THE TOWN OF KENT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 64, RECORDS OF KING O COUNTY; a x SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. w L R r- O to L d Y aD rn R t L 3 L d Q O L O U Lo M H m X W 3 O t U J d N Cu t V L L Q O L r- O L Y c m E t r r Q Packet Pg. 21 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a EXHIBIT B N •L SELLER'S DISCLOSURE STATEMENT t w 3 Q INSTRUCTIONS TO THE SELLER c c Please complete the following form. Do not leave any spaces blank. If the question clearly M a does not apply to the property write "NA." If the answer is "yes" to any * items, please explain w on attached sheets. Please refer to the line number(s) of the question(s) when you provide L your explanation(s). Delivery of the disclosure statement must occur not later than five a business days, unless otherwise agreed, after mutual acceptance of a written contract to c purchase between a buyer and a seller. m Y NOTICE TO THE BUYER THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE L PROPERTY LOCATED AT 302 W Meeker Street _ KENT, WASHINGTON, ("THE (L PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A. m SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR o L MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE a PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU o AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM v THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN LO STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. m x X THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE w REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION o IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN v AGREEMENT BETWEEN BUYER AND SELLER. m FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS t PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED 2- EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, a ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, L BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR a STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO C L OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE a APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY o ADVICE, INSPECTION, DEFECTS, OR WARRANTIES. t Y Seller is/ __ is not occupying the property. c m E t r r Q Seller's Disclosure Statement - Page 1 of 5 Packet Pg. 22 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a I. SELLER'S DISCLOSURES: *If you answer "Yes" to a question with an asterisk (*), please explain your answer and N attach documents, if available and not otherwise publicly recorded. If necessary, use an 0 attached sheet. 3 Q 1. TITLE c 0 ® Yes [ ] No [ ] Don't know A. Do you have legal authority to sell the property? If no, please explain. X w Yes [ ] No [ ] Don't know *B. Is title to the property subject to any of the following? a c 0 (1) First right of refusal (2) Option Y (3) Lease or rental agreement (4) Life estate? t [ ] Yes [ ] No [�on't know *C. Are there any encroachments, boundary agreements, or boundary disputes? a. [ ] Yes Q No [ ] Don't know *D. Is there any leased parking? c L- a. [ ] Yes [ ] No [1771)on't know *E. Is there a private road or easement 3 agreement for access to the property? M U [ ] Yes [ ] No [�on't know *F. Are there any rights-of-way, easements, Shared use agreements or access limitations? M [ ] Yes [ ] No EPon't know *G. Are there any written agreements for joint m maintenance of an easement or right-of-way? _ x w [ ] Yes [ ] No ®Don't know *H. Are there any zoning violations or c nonconforming uses? M U [ ] Yes [ ] No ® Don't know *I. Is there a survey for the property? ca [ ] Yes ®No [ ] Don't know *J. Are there any legal actions pending or 2 threatened that affect the property? a [ ] Yes [ ] No 0 Don't know K. Is the property in compliance with the Americans with Disabilities Act? 0 0 L a. 2. WATER o L [ ] Yes [ ] No ®Don't know *Are there any water rights for the property, such as water right permit, certificate, or claim? Y c m E M U 0 r r Q Seller's Disclosure Statement - Page 2 of 5 Packet Pg. 23 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a 3. SEWER/ON-SITE SEWAGE SYSTEM m N [ ] Yes [ ] No ❑X Don't know *Is the property subject to any sewage system 0 fees or charges in addition to those covered in 3 your regularly billed sewer or on-site sewage a system maintenance service? c 0 4. STRUCTURAL a x [ ] Yes [ ] No ❑X Don't know *A. Has the roof leaked within the last five Y yea rs? a [ ] Yes [ ] No Don't know B. Has any occupied subsurface flooded or 0 leaked within the last five years? Y [ ] Yes [ ] No ®Don't know *C. Have there been any conversions, additions, or remodeling? [ ] Yes [ ] No [ ] Don't know *(1) If yes, were all building permits obtained? a. [ ] Yes [ ] No [ ] Don't know *(2) If yes, were all final inspections c obtained? a r1 0 [ ] Yes [ ] No L?�pon't know D. Has there been an settling, slippage, or sliding of the property or its improvements? v LO [ ] Yes [ ] No X Don't know *E. Are there any defects with the following: M (If yes, please check applicable items and explain.) m x ElFoundations ElWindows x w ❑ Doors ❑ Slab Floors c ❑ Ceilings ❑ Outbuildings ❑ Sidewalks ❑ Exterior Walls v ❑ Other J❑ Sidingm ❑ Interior Walls ca L 5. SYSTEMS AND FIXTURES a� [ ] Yes [ ] No ®Don't know *A. Are there any defects in the following o systems? If yes, please explain. a. c 0 [ ] Yes [ ] No ❑X Don't know (1) Electrical system Y [ ] Yes [ ] No ❑X Don't know (2) Plumbing system c m [ ] Yes [ ] No ❑X Don't know (3) Heating and cooling systems E U 0 [ ] Yes [ ] No Don't know (4) Fire and security system a Seller's Disclosure Statement - Page 3 of 5 Packet Pg. 24 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a [ ] Yes [ ] No �X Don't know (5) Carbon monoxide alarms m N 6. ENVIRONMENTAL `0 [ ] Yes [ ] No �X Don't know *A. Have there been any flooding, standing a water or drainage problems on the property that c affect the property or access to the property? •2 c [ ] Yes [ ] No ®Don't know *B. Is there any material damage to the X property from fire, wind, floods, beach W movements, earthquake, expansive soils, or landslides? a c 0 N [ ] Yes [ ] No X Don't know *C. Are there any shorelines, wetlands, floodplains, or critical areas on the property? Y [ ] Yes [ ] No ® Don't know *D. Are there any substances, materials, or products on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel a. or chemical storage tanks, or contaminated soil or water? a 0 L a. [ ] Yes [ ] No ®Don't know *E. Is there any soil or groundwater 0 contamination? U [ ] Yes [ ] No �X Don't know *F. Has the property been used as a legal or illegal dumping site? M [ ] Yes [ ] No ❑X Don't know *G. Has the property been used as an illegal m drug manufacturing site? _ x W 7. FULL DISCLOSURE BY SELLERS 0 A. Other conditions or defects: U [ ] Yes [ ] No ❑X Don't know *Are there any other existing material defects affecting the property that a prospective buyer There is an existing lease active at the time of should know about? 2 L contract execution with the Kent Downtown Partnership as Lessee. No rent is charged to B. Verification: a, Lessee. Lease shall terminate upon the date of The foregoing answers and attached explanations closing. Buyer shall take possession subject to (if any) are complete and correct to the best of c any remaining artwork, signage, etc left on the my/our knowledge and I/we have received a a. Property. copy hereof. I/we authorize all of my/our real = 0 estate licensees, if any, to deliver a copy of this ;n Property previously hosted a building that disclosure statement to other real estate Y suffered a fire in 2006 and subsequently licensees and all prospective buyers of the demolished. Buyer shall perform all pertient property. due diligence to their satisfaction. E U 0 r r a Seller's Disclosure Statement - Page 4 of 5 Packet Pg. 25 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a NOTICE TO THE BUYER INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL N LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF o WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF 3 REGISTERED SEX OFFENDERS. Q c II. BUYER'S ACKNOWLEDGMENT •N c ° A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any x material defects that are known to Buyer or can be known to Buyer by utilizing diligent w attention and observation. a B. The disclosures set forth in this statement and in any amendments to this statement y are made only by the Seller and not by any real estate licensee or other party. Y C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate information provided by Seller, except to the extent that real estate licensees know of such inaccurate information. L 3 D. This information is for disclosure only and is not intended to be a part of the written a- agreement between the Buyer and Seller. a E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this ° a disclosure statement below) has received a copy of this Disclosure Statement (including attachments, if any) bearing Seller's signature. U DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER LO BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER M COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER ~ m OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE _ AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION X w TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. U BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, R AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. L DATE: BUYER: a ° L a- BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT o Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement. N L Buyer waives that right. However, if the answer to any of the questions in the section entitled "Environmental" would be 'eyes," Buyer may not waive the receipt of the "Environmental" Y section of the Seller Disclosure Statement. c m E DATE: BUYER ° r r Q Seller's Disclosure Statement - Page 5 of 5 Packet Pg. 26 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 EXHIBIT C 4.C.a FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON, INC. COMMITMENT NO. 611334645 SCHEDULE B, PART I - Requirements N •L All of the following Requirements must be met: °, 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this a Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. c 2. Pay the agreed amount for the estate or interest to be insured. a x w 3. Pay the premiums, fees, and charges for the Policy to the Company. L c� 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must a be properly authorized, executed, delivered, and recorded in the Public Records. 0 L d 5. Additional requirements and/or exceptions may be added as details of the transaction are disclosed to, or become Y known by the Company. , m 6. If the Seller or Borrower intends to sign documents required to insure the transaction utilizing a remote online notary, please notify the Company immediately as additional underwriting requirements will need to be satisfied. a 7. The Proposed Policy Amount(s) must be increased to the full value of the estate or interest being insured, and any additional premium must be paid at that time. An Owner's policy should reflect the purchase price or full value of a the Land. A Loan Policy should reflect the loan amount or value of the property as collateral. Proposed Policy o Amount(s)will be revised and premiums charged consistent therewith when the final amounts are approved. a 0 8. For each policy to be issued as identified in Schedule A, Item 2; the Company shall not be liable under this v commitment until it receives a designation for a Proposed Insured, acceptable to the Company. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. m_ x x w 0 U J d to ca t v L a. L 'y Q 0 L a. r_ 0 L Y This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without aai the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part]-Requirements; Schedule B, Part II-Exceptions; and a E counter-signature by the Company or its issuing agent that may be in electronic form. U Copyright American Land Title Association. All rights reserved. "- Fa""N Q LAND TITLE ASSOCIATION The use of this Form (or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod(07/01/2021) Printed: 11.01.23 @ 05:39 AM Page 4 WA-FT-FTMA-01530.610051-SPS-1-23-611334645 Packet Pg. 27 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON, INC. COMMITMENT NO. 611334645 SCHEDULE B, PART I - Requirements (continued) N L 9. Payment of the real estate excise tax, if required. 0 The Land is situated within the boundaries of local taxing authority of the City of Kent. a c The rate of real estate excise tax for properties which are not formally classified and specially valued as timberland .N or agricultural land is: a x State portion: 1.10% on any portion of the sales price of$525,000 or less; w 1.28% on any portion of the sales price above$525,000, up to$1,525,000; 2.75% on any portion of the sales price above$1,525,000, up to$3,025,000; a 3.00% on any portion of the sales price above$3,025,000; o N L The rate of excise for properties formally classified as timberland or agriculture land will be 1.28%for the State portion on the entire sales price. Y m Local portion:0.50% on the entire sales price. L An additional$5.00 State Technology Fee must be included in all excise tax payments. a. If the transaction is exempt, an additional $5.00 Affidavit Processing Fee is required. m a 0 Any conveyance document must be accompanied by the official Washington State Excise Tax Affidavit, which can a be found online HERE <htti)s://dor.wa.gov/pet-form-or-publication/forms-subiect/real-estate-excise-tax>. The applicable excise tax must be paid and the affidavit approved at the time of the recording of the conveyance documents. (NOTE: Real Estate Excise Tax Affidavits must be printed as legal size forms). v 10. A completed owner's affidavit (form to be supplied by the Company)will be required in connection with issuance of M the policy(ies) shown in Schedule A. m END OF REQUIREMENTS = x w NOTES o t The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for UJ loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage or are not matters covered under the insuring provisions of the policy. Note A: Notice: Please be aware that due to the conflict between federal and state laws concerning the L cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any a transaction involving Land that is associated with these activities. a� a 0 L a. r_ 0 L Y This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without aai the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a E counter-signature by the Company or its issuing agent that may be in electronic form. U Copyright American Land Title Association. All rights reserved. "-mea""" Q LAND TITLE ASSOCIATION The use of this Form (or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod(07/01/2021) Printed: 11.01.23 @ 05:39 AM Page 5 WA-FT-FTMA-01 530.610051-SPS-1-23-611334645 Packet Pg. 28 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON, INC. COMMITMENT NO. 611334645 SCHEDULE B, PART I - Requirements (continued) N L Note B: The application for title insurance was placed by reference to only a street address or tax identification 0 number. The proposed Insured must confirm that the legal description in this report covers the parcel(s) a of Land requested to be insured. If the legal description is incorrect, the proposed Insured must notify the , Company and/or the settlement company in order to prevent errors and to be certain that the legal c description for the intended parcel(s) of Land will appear on any documents to be recorded in connection •N with this transaction and on the policy of title insurance. a x Note C: Note: FOR INFORMATIONAL PURPOSES ONLY: W L The following may be used as an abbreviated legal description on the documents to be recorded, per a Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal o description within the body of the document: ;n m PTN LT 10, BLK 6, YESLER'S FIRST ADDN TO KENT Y Tax Account No.: 982570-0390-07 m Note D: Notice: Please be advised that our search disclosed that the Land is vacant. The Company reserves the L right to require further evidence to establish and verify the identity of the seller. The Company further a reserves the right to make additional requirements or add additional items or exceptions upon receipt of ', the requested evidence. a 0 Note E: Note: The Company finds no matters against the name(s) of City of Kent in the Public Records which li would appear as exceptions in the policy. 3 0 Note F: Note: This map/plat is being furnished as an aid in locating the herein described Land in relation to v adjoining streets, natural boundaries and other land. Except to the extent a policy of title insurance is Ul) expressly modified by endorsement, if any, the Company does not insure dimensions, distances or M acreage shown thereon. m END OF NOTES = x END OF SCHEDULE B, PART I W 0 U J d to ca t v L a. L 'y Q 0 L a. r_ 0 L Y This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without aai the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a E counter-signature by the Company or its issuing agent that may be in electronic form. U Copyright American Land Title Association. All rights reserved. "—mea""" Q LAND TITLE ASSOCIATION The use of this Form (or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod(07/01/2021) Printed: 11.01.23 @ 05:39 AM Page 6 WA-FT-FTMA-01 530.610051-SPS-1-23-611334645 Packet Pg. 29 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON, INC. COMMITMENT NO. 611334645 SCHEDULE B, PART II - Exceptions N •L 0 Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This w Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Q Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. 0 The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: x w GENERAL EXCEPTIONS a c A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. 0 to L d B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be Y disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the L Public Records. a D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the 0 Public Records. a 0 E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public v Records. LO F. Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records. m_ x X G. Unpatented mining claims, and all rights relating thereto. w 0 H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. v J I. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. vi to t J. Water rights, claims or title to water. a K. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the c Schedule B, Part I—Requirements are met. a c 0 L Y 4J This page is only apart of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without d the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a E counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. AMERICAV Q g LANDTITLE ASSOCIATION The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod(07/01/2021) Printed: 11.01.23 @ 05:39 AM Page 7 WA-FT-FTMA-01 530.610051-SPS-1-23-611334645 Packet Pg. 30 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON, INC. COMMITMENT NO. 611334645 SCHEDULE B, PART II - Exceptions (continued) N L SPECIAL EXCEPTIONS 0 Q 1. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, encroachments, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or c restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in a applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable x law, as set forth on the plat of Yesler's First Addition to the Town of Kent: Y L Recording No: 52220 a c 0 N 2. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half `m delinquent if unpaid on November 1 of the tax year(amounts do not include interest and penalties): Y Year: 2023 vi Tax Account No.: 982570-0390-07 Levy Code: 1526 Assessed Value-Land: $110,000.00 a. Assessed Value-Improvements: $0.00 m a General and Special Taxes: o Billed: $1,166.66 a. Paid: $1,166.66 0 Unpaid: $0.00 v 3. Liability for Sewer Treatment Capacity Charges, if any, affecting certain areas of King, Pierce and Snohomish rn Counties. Said charges could apply to property connecting to the metropolitan sewerage facilities or reconnecting or changing its use and/or structure after February 1, 1990. m Please contact the King County Wastewater Treatment Division, Capacity Charge Program, for further information x at 206-296-1450 or Fax No. 206-263-6823 or email at CapChargeEscrow(a-)-kingcounty.gov. w 0 *A map showing sewer service area boundaries and incorporated areas can be found at: http://www.kingcounty.gov/services/gis/Maps/vmc/Utilities.aspx#4E564EB5E6894FBC95694BE009A45399 J d Unrecorded Sewer Capacity Charges are not a lien on title to the Land. NOTE: This exception will not appear in the policy to be issued. a. 4. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the right to require further evidence to confirm that the property is unencumbered, and further reserves the right to c make additional requirements or add additional items or exceptions upon receipt of the requested evidence. a. c 0 L Y This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without aai the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a E counter-signature by the Company or its issuing agent that may be in electronic form. U Copyright American Land Title Association. All rights reserved. "—mea""" Q LAND TITLE ASSOCIATION The use of this Form (or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod(07/01/2021) Printed: 11.01.23 @ 05:39 AM Page 8 WA-FT-FTMA-01 530.610051-SPS-1-23-611334645 Packet Pg. 31 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON, INC. COMMITMENT NO. 611334645 SCHEDULE B, PART II - Exceptions (continued) N L 5. Any unrecorded leaseholds, right of vendors and holders of security interests on personal property installed upon the Land and rights of tenants to remove trade fixtures at the expiration of the terms. a 6. To provide an extended coverage lender's policy, general exceptions B and C are hereby eliminated. General c exceptions A and D have not been cleared. In consideration of clearing paragraphs A and D of Schedule B, please have the borrower/owner complete the w enclosed affidavit and return to our office for review. L END OF SCHEDULE B, PART II w L d Y m rn t L a. Q O L IL 3 O t U as M H m 2 X W 3 O t U J d to ca t v L L 'y Q O L a. r_ 0 L Y This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without aai the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a E counter-signature by the Company or its issuing agent that may be in electronic form. U Copyright American Land Title Association. All rights reserved. "—""Ea""" Q LAND TITLE ASSOCIATION The use of this Form (or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod(07/01/2021) Printed: 11.01.23 @ 05:39 AM Page 9 WA-FT-FTMA-01 530.610051-SPS-1-23-611334645 Packet Pg. 32 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a EXHIBIT D a� N •L O t r.+ WHEN RECORDED RETURN TO: Q City Clerk 0 City of Kent 220 Fourth Avenue South x Kent, Washington 98032 L R IL r- O to L d Grantor: Jian Li (who took title as Jian Li Chou and Sio Wan Chou, husband and Y wife Grantee: City of Kent a Abbreviated Legal Description: Parcel No. 982570-0390 a O L Additional Legal Description on: Exhibit "A" a O Assessor's Tax Parcel ID No.: 982570-0390 STR: NE-24-22-4 LO Project Name: 2nd and Meeker - City Acquisition WARRANTY DEED m x Nan Li (who took title as Sian Li Chou) and Sio Wan Chou, husband and w wife, an individual ("Grantor"), for and in consideration of Ten Dollars and No/100 0 ($10.00) and/or other valuable consideration in hand paid, conveys and warrants to the City of Kent, a Washington municipal corporation ("Grantee"), all his interest, including any after acquired title, in the real property described in the attached and incorporated Exhibit A, situated in King County, Washington, subject to easements, restrictions, reservations, right-of-way, and covenants of record. a (Signatures on following page) a O L O L Y c m E t r r WARRANTY DEED - Page 1 of 4 Q Packet Pg. 33 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a GRANTORS: m N �L O Q Name: Jian Li c Title: Owner Date: �- x w L O N L d Y Name: Sio Wan Chou N Title: Owner Date: a as a O L- a. 3 O t U LO as M H m 2 x w 3 O t U J d to ca t v L L 'y Q O L a. C O L Y c m E M v r r WARRANTY DEED - Page 2 of 4 a Packet Pg. 34 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a a� STATE OF WASHINGTON ) L ss. w COUNTY OF KING ) Q I certify that I know or have satisfactory evidence that Jian Li is the person who 0 appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as x the Owner to be the free and voluntary act of such party for the uses and purposes W mentioned in the instrument. a c Dated: L d Y -Notary Seal Must Appear Within This Box- y rn to IN WITNESS WHEREOF, I have hereunto set my hand and official seal the L day and year first above written. a a� a (Signature) ° a NOTARY PUBLIC, in and for the State o of Washington, residing at My appointment expires LO M H m X W 3 O t U J d N to t V L L Q O L O L Y c m E t r r WARRANTY DEED - Page 3 of 4 Q Packet Pg. 35 Authentisign ID:1420D39F-96E8-EE11-AAFO-6045BDDAA143 4.C.a m N .L STATE OF WASHINGTON ) ss. ' a COUNTY OF KING ) c 0 I certify that I know or have satisfactory evidence that Sio Wan Chou is the person who appeared before me, and said person acknowledged that he signed this X- instrument, on oath stated that he was authorized to execute the instrument and W acknowledged it as the Owner to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. O N Dated: Y m -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the a day and year first above written. a� a O L a. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LO M H m 2 X W 3 O t U J d to ca t v L L 'y Q O L a. r_ 0 (j) L Y c m E t v r r WARRANTY DEED - Page 4 of 4 a Packet Pg. 36 4.D PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT 4^4� Julie Parascondola, CPRO, Director • KENT 220 Fourth Avenue South WASHI NGTON Kent, WA 98032 253-856-5100 DATE: April 2, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Agreement with EarthCorps for Mill Creek Canyon Trail Repair - Authorize MOTION: I move to authorize the Mayor to sign a trail repair agreement with EarthCorps, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: The main trail in Mill Creek Canyon was damaged by heavy rain in November of 2022 and has been closed since that time. This contract will allow the City to complete repairs to the main trail and reopen this section of trail. EarthCorps will be paid an amount up to $269,939.02 for this work. This Agreement is entered into pursuant to RCW 35.21.278 and RCW 79A.35.130, which allows the City to enter into contracts with community service organizations to provide maintenance improvements to parks, surface water facilities, and environmentally sensitive areas without regard to competitive bidding for public works, or statutory rates of compensation for environmental and trail maintenance work performed by conservation corps programs offered by nonprofit organizations affiliated with a national service organization established under the authority of the National and Community Service Trust Act of 1993, P.L. 103-82. BUDGET IMPACT: Expense impact to the Mill Creek Canyon Trail Renovation Capital Budget. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Agreement - EarthCorps (PDF) Packet Pg. 37 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form Dir Asst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Optional) WASHINGTON (Print on pink or cherry colored paper) Originator: Department: d KateLynn Jennings for Bryan Higgins Parks, Recreation & Community Services L 0 t Date Sent: Date Required: Q c 04/17/2024 5/1/2024 L L ca Q CL Authorized to Sign: Date of Council Approval: QDirector or Designee MMayor 4/16/2024 Budqet Account Number: Grant? Yes E]No = P21036? ;, Budget?MYes No Type: N/A C) m Vendor Name- Category: v EarthCorp Contract L Vendor Number: Sub-Category: ,02 57252 Original CL 0 Project Name: 2024 - Mill Creek Canyon Washout Repair 0 E w = Project Details:Repair washout on main trail of Mill Creek Canyon Park 3 _ E d Agreement Amount: $269,939.02 Basis for Selection of Contractor: Other L E *Memo to Mayor must be attached Q 3- Start Date: May 2024 Termination Date: 12/31/2024 •• LID CA I* Q ✓Local Business?�Yes No* If meets requirements per KCC3.70.100,pleose complete'VendorPurchose-Locol Exceptions"form onCityspoce. M Business License Verification:El Yes �In-Process Exempt(KCC 5.01.045)171 Q L 0 Notice required prior to disclosure? Contract Number: r7Yes�✓ No w Comments: _ d p1 m L 30 41 1A s 430 Date Received by City Attorney: Q p� Date Routed to the Mayor's Office: Vf Date Routed to the City Clerk's Office: adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements r Packet Pg. 38 4.D.a • KENT WASH I NGTO N AGREEMENT FOR PARK TRAIL RESTORATION SERVICES between City of Kent and EarthCorps N •L 0 Z r THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation a (hereinafter the "City"), and EarthCorps, a Washington public benefit corporation, located and doing , business at 6310 NE 74th Street, Suite 201E, Seattle, WA 98115 (hereinafter the "Contractor"). a a� AGREEMENT L The parties agree as follows: c 0 I. DESCRIPTION OF WORK. U The Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: v As described in the attached exhibit A, incorporated herein, contractor shall complete ,0 washout repair on the main trail within Mill Creek Canyon Park. a L 0 U t The Contractor further represents that the services furnished under this Agreement will be performed w in accordance with generally accepted professional practices within the Puget Sound region in effect at the r time such services are performed. 3 c m This Agreement is being entered into pursuant to RCW 35.21.278 and RCW 79A.35.130, which allows E the City to enter into contracts with community service organizations to provide maintenance improvements m to parks, surface water facilities, and environmentally sensitive areas without regard to competitive bidding Q for public works, or statutory rates of compensation for environmental and trail maintenance work performed LO by conservation corps programs offered by nonprofit organizations affiliated with a national service organization established under the authority of the National and Community Service Trust Act of 1993, P.L. 103-82. Contractor represents and affirms that the work it is performing under this Agreement meets the Q. exceptions provided for by RCW 35.21.278 and RCW 79A.35.130. o U II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 30 calendar days after the City issues its Notice to Proceed. Upon the effective date w of this Agreement, all physical work shall thereafter be completed by 12/31/2024. The term of this c Agreement shall continue until all work has been completed, final acceptance has occurred, and all E Contractor obligations have been fulfilled. E a� L III. COMPENSATION. Q r c A. The City shall pay the Contractor, based on time and materials, a total amount not to exceed $269,939.02 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 prior �v written authorization of the City in the form of a negotiated and executed amendment to this Agreement. Q The Contractor 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 year from the effective date of this Agreement. The Contractor's billing rates shall be as delineated in Exhibit A. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 1 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 39 4.D.a B. The Contractor 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 portion of an invoice, it shall notify the Contractor 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. C. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative N L to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily 0 participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. a L IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- a Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in Wo accordance with Ch. 51.08 RCW, the parties make the following representations: L A. The Contractor has the ability to control and direct the performance and details of its o work, the City being interested only in the results obtained under this Agreement. U B. The Contractor maintains and pays for its own place of business from which the a Contractor's services under this Agreement will be performed. W U C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Contractor's `o services and is a service other than that furnished by the City, or the Contractor is engaged in an N independently established trade, occupation, profession, or business of the same nature as that involved Q- under this Agreement. ° U t D. The Contractor is responsible for filing as they become due all necessary tax w documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. 3 c E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor's business, and has m obtained a Unified Business Identifier (UBI) number from the State of Washington. a F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an LO electrical contractor license pursuant to Ch. 19.28 RCW. M G. The Contractor maintains a set of books dedicated to the expenses and earnings of its Q. business. i0 V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon coo providing the other party thirty (30) days written notice at its address set forth on the signature block of w this Agreement. After termination, the City may take possession of all records and data within the c Contractor's possession pertaining to this project, which may be used by the City without restriction. If the City's use of the Contractor's records or data is not related to this project, it shall be without liability or legal exposure to the Contractor. a VI. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order E is necessary, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date Contractor Q knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 2 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 40 4.D.a the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. N •L The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for a contract time and for direct, indirect and consequential costs, including costs of delays related to any work, i either covered or affected by the change. VII. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, t= or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or o 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 U performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing a state or national declarations of emergency, or any current social distancing restrictions or personal Iv protective equipment requirements that may be required under federal, state, or local law in response to v the current pandemic. L If any future performance is prevented or delayed by a force majeure event, the party whose 4- performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be v 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 cc continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. LU r Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City 3 shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. E Performance that is more costly due to a force majeure event is not included within the scope of this Force m Majeure provision. Q If a force majeure event occurs, the City may direct the Contractor to restart any work or rn performance that may have ceased, to change the work, or to take other action to secure the work or the 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 o extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its � obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be r borne by the Contractor. w VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or E determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall ;v give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events a giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall � be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in ' strict accordance with the applicable provisions of this Agreement. Q At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 3 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 41 4.D.a FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: m N •L 1. The date of the Contractor's claim; 0 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; a 4. The estimated dollar cost, if any, of the claimed work and how that estimate was i determined; and a 5. An analysis of the progress schedule showing the schedule change or disruption if the wo Contractor is asserting a schedule change or disruption. L B. Records. The Contractor shall keep complete records of extra costs and time incurred as a o result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. c) a� The City will evaluate all claims, provided the procedures in this section are followed. If the City ;v determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. U No adjustment will be made for an invalid protest. L C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall 40 proceed promptly to provide the goods, materials and services required by the City under this Agreement. Q- L 0 U D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order w (including directions, instructions, interpretations, and determination). r 3 E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). L IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT Q ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE uO THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE M FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. Q. L X. WARRANTY. Upon acceptance of the contract work, the Contractor must provide the City a i0 one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract w work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt , or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work c shall extend for one (1) year from the date such correction is completed and accepted by the City. The E Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as a determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. m E XI. DISCRIMINATION. In the hiring of employees for the performance of work under this U Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Q Contractor or sub-contractor 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 is qualified and available to perform the work to which the employment relates. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 4 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 42 4.D.a The Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's N L negligence. 0 r The City's inspection or acceptance of any of the Contractor's work when completed shall not be a grounds to avoid any of these covenants of indemnification. i a Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, wo then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, t= employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the o Contractor's negligence. U IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION Y PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL L INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES v FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. L The provisions of this section shall survive the expiration or termination of this Agreement. N a L XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, 0 insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. w XIV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the 3 performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor 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. L XV. MISCELLANEOUS PROVISIONS. Q LO A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its M contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. Q. 0 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 w Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those , covenants, agreements or options, and the same shall be and remain in full force and effect. c m E C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and 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 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 E writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the 5 parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred Q 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 XII of this Agreement. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 5 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 43 4.D.a 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. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the N L terms of this Agreement shall continue in full force and effect and no further assignment shall be made 0 without additional written consent. a F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement i shall be binding unless in writing and signed by a duly authorized representative of the City and the aa- Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any t= Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative o 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 Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any a language contained in this Agreement, the terms of this Agreement shall prevail. W U H. Compliance with Laws. The Contractor 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 Contractor's `o business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of `� the performance of those operations. N a L 0 U I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, w emails, and other records prepared or gathered by the Contractor 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 3 City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. m J. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Q Kent City Code. v rn CO) 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 Q. Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the i0 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. w E L Q r 0 E V r a AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 6 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 44 4.D.a IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: m By: By: N L 0 Z Print Name: Print Name: Dana Ralph a Its Its Mayor L a DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: c 0 CONTRACTOR: CITY OF KENT: U Attn: Whitney Bowman Attn: Bryan Higgins Y a� EarthCorps City of Kent Parks, Recreation, ;v 6310 NE 74th Street, Suite 201E and Community Services Department U Seattle, WA 98115 220 Fourth Avenue South Kent, WA 98032 `o (206) 322-9296 (telephone) N whitney@earthcorps.org (email) (253) 856-5113 (telephone) Q- bhiggins@kentwa.gov (email) �j ATTEST: APPROVED AS TO FORM: w r 3 c Kent City Clerk Kent Law Department E m m L a LO IV M N Q L 0 U t W C d E d N L Q r 0 E V 0 r a AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 7 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 45 4.D.a DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal N opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who '0- perform work with relation to this Agreement shall comply with the regulations of the City's equal 3 employment opportunity policies. a The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 2- 252), (prohibits discrimination on the basis of race, color, national origin); r_ 0 • 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 Y Rights Act Of 1964); L U • 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). `0 • Ch. 49.60 RCW (Washington Law Against Discrimination) c U t The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and w Regulations". 3 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 regarding suspension or termination for all or part of the Agreement. M Q. The statements are as follows: 0 U t 1. I have read the attached City of Kent administrative policy number 1.2. w 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. E a� a� L 3. During the time of this Agreement I, the prime contractor, will provide a written statement a to all new employees and subcontractors indicating commitment as an equal opportunity employer. L)4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. Q 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 46 4.D.a A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference N and made a part of this contract. o B. Non-discrimination: The contractor, with regard to the work performed by it a during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including L employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 0, c C. Solicitations for Subcontracts, Including Procurements of Materials and Y Equipment: In all solicitations, either by competitive bidding, or negotiation made L by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this `o contract and the Acts and the Regulations relative to non-discrimination on the N grounds of race, color, or national origin. c U t 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 w permit access to its books, records, accounts, other sources of information, and its 3 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 a refuses to furnish the information, the contractor will so certify to the City or the LO Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. M E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with o the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: w a. withholding payments to the contractor under the contract until the E contractor complies; and/or a b. cancelling, terminating, or suspending a contract, in whole or in part. a F. Incorporation of Provisions: The contractor will include the provisions of E paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and 2 directives issued pursuant thereto. The contractor will take action with respect to Q any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 47 4.D.a direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: N L O r Pertinent Non-Discrimination Authorities: a i. 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); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, o (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); L iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, ,Lo (prohibits discrimination on the basis of disability); and 49 CFR Part 27; a V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), 0 (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as Lu amended, (prohibits discrimination based on race, creed, color, national origin, or 3 sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, E d coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age 0 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 LO programs or activities of the Federal-aid recipients, sub-recipients and contractors, M whether such programs or activities are Federally funded or not); Q viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private f transportation systems, places of public accommodation, and certain testing entities w (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; E ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) a (prohibits discrimination on the basis of race, color, national origin, and sex); a X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against E minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on Q minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 48 4.D.a 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); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). N xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) o 7. The submission of the final invoice for this contract will constitute a reaffirmation that the a preceding statements were complied with during the course of the contract's performance. L a By signing below, I agree to fulfill the five requirements referenced above. L By: 0, For: EarthCorps a� a� Title: Date: L O Q L O U t r L W '3 c a� E m m L a LO M N Q i O U t L W E Q� L Q E V r Q EEO COMPLIANCE DOCUMENTS - 4 Packet Pg. 49 4.D.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 as N L 0 r Q SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 a as APPROVED BY Dana Ralph, Mayor L POLICY: 0 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 suppliers of the City must guarantee equal employment opportunity within their organization and, ;v if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: L 0 1. Provide a written statement to all new employees and subcontractors indicating a commitment as an equal opportunity employer. `0 U t 2. Actively consider for promotion and advancement available minorities and women. w Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the 3 City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. a� a� Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contractLO a and subject to suspension or termination for all or part of the Agreement. M 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 0 duties for their respective departments. 0 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these w regulations are familiar with the regulations and the City's equal employment opportunity policy. E a� a� L 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. a a� E a EEO COMPLIANCE DOCUMENTS - 5 Packet Pg. 50 4.D.a E Scope of Work: Mill Creek Canyon Washout Repair N �L O Z r Q Q LOCAL • •EARTH N� L GLOBAL U m L U L O Q L O U t Prepared for: w Bryan Higgins r Parks Planning and Development 3 220 Fourth Ave South Kent, WA 98032 E Tel: 253-856-5113 Email: BHiggins@kentwa.gov Q LO rn M February 13th 2023 Q. L O EarthCorps 6310 NE 74th St, Suite 201E w Seattle, WA 98115 Z c www.earthcorps.org E m a� EarthCorps a © 2023 c m E All rights reserved Q Packet Pg. 51 4.D.a Scope of work:Mill Creek Washout Repair NARRATIVE SCOPE OF WORK EarthCorps and the City of Kent have partnered to revitalize the Mill Creek Canyon Trail in Mill Creek- Earth Works Park. In winter 2021 a slide occurred along the main trail disconnecting the N lower canyon from the upper canyon. During the 2022-2023 EarthCorps, the City of Kent and 0 Geotechnical Engineers collaborated to design a repair structure to reconnect the main trail. a Our priority goal for the 2024 season will be to install a trail retaining wall to reconnect the , L main trail. Following sustainable trail design principle and in collaboration with Geotechnical Q Engineers, EarthCorps will implement Washout Repair Design Two (see attached). If work is completed early, EarthCorps will continue general maintenance of the main trail system. The following scope of work is based on trail standards provided by EarthCorps in February 2021. c 0 Tasks 0 U The following list of tasks and features have been prioritized (1-3) based on safety and resource L damage. This list is subject to change based on new findings during work implementation. Each U feature is associated with a point, which can be found on the Arc GIS online map. L 0 https://earthcop2s.maps.arcgis.com/apps/mapviewer/index.html?webmap=cOfO8f8259c54200839 a L ed67640cf2c6O 0 U t Rankings: w 1 = High Priority (Safety hazard and/or high resource damage) r 2 = Priority (No safety hazard but considerable resource damage) 3 3 = Low priority (Not an immediate concern, but could cause a safety hazard or resource damage in the future) LO a M Feature Priority Ranking �- Washout Repair 1 ci General Tread maintenance 3 Brushing 3 w c m E m a� L Q r E V r a Packet Pg. 52 4.D.a Scope of work:Mill Creek Washout Repair EarthCorps will provide the following: • An assigned project manager to coordinate with the City of Kent, schedule crews, and ensure project goals/objectives are met. N • Basic hand tools along with access to power tools (mechanical wheel barrows, saws etc.) o • Personal Protective Equipment and procedures for the use of tools r • Safety signage and personnel when actively working on the trail. a • Training and education in trail construction and design, leadership and community communication. a • Workers' compensation, health insurance, and related taxes. • Washington Labor & Industries documentation • Administrative/ payroll and human resource services. I c 0 Agency will provide the following: o U • Access to the site as • Any necessary permits to perform work v L 0 SCHEDULE N a L 0 Task Month Notes Task 1: Washout Repair July, August, September, Exact dates will be provided w October once finalized. r 48 Crew days 3 5 Contingency crew days Task 2: General trail September, October as maintenance a LO M BUDGET Q. L 0 Crew Labor $ 112,625.0( t Project Management $ 43,875.0( r Staff Labor $ 9,775.0( w Field Specialist $ 38,720.0( Materials $ 36,528.3E E am Subtotal $ 241,523.3E Iv 0 Materials&Handling Fee(10%of Total Materials) $ 31652.8Z Q TOTAL FEE $ 245,176.2; Sales Tax: 10.10/ Location Code: 1715 $ 247762.8( t TOTAL PAYABLE $ 269,939.0: r a Packet Pg. 53 4.D.a Scope of work. Mill Creek Washout Repair Fee Schedule: as N Crew day including crew leader- $2,125.00/day 0 r An EarthCorps Crew Day is a 9-hour day that includes load, unload, and transportation time to a and from the worksite and tools needed to complete project tasks. In addition, crews are Q trained in trail construction and maintenance, erosion control and prevention, ecological (D restoration, and the safe operation of hand and power tools. An EarthCorps crew includes a trained crew leader who leads the crew and acts as an onsite communication liaison and is t= trained in specialized equipment and vehicle use, such as three-ton dump trucks. 0, c Project Manager- $135/hr Y aD aD L An EarthCorps Project manager collaborate with agency partners to design ecological restoration and U trail construction projects. They coordinate communication and logistics to ensure crews are equipped with the knowledge and skills to perform the requested tasks. In addition, they provide updates and ,o project status reports. Lastly, they adaptively manage projects to ensure the project's goals and objects a L meet the agency partner's satisfaction. 0 U t r L Project Manager Field Services - $100/hr w r In the event that specialized skills or certification are needed, project managers can offer field services 3 c to meet those needs. Examples of specialized skills are complex chainsaw work such as log outs or E felling. L a 3-ton truck and 4 x 4 pickup truck fee- $100/day— billed upon use as needed v Material cost, disposal fees and equipment rentals— billed upon receipt a L 0 U t L W c� G Q� L Q c� C V r Q Packet Pg. 54 4.D.a Scope of work:Mill Creek Washout Repair EARTHCORPS BACKGROUND EarthCorps is a non-profit organization founded in 1993 with a mission to build a global community of leaders through local environmental service. EarthCorps provides a year-long N intensive program for young adults from the US and 80 other countries to learn best practices 0 in ecological restoration, trail construction and maintenance and develop their leadership skills a through hands on experiences. , = Q NN� LPL Global Leadership L Based in Seattle, Washington, EarthCorps brings together emerging environmental leaders from 0, more than 60 countries to work on projects in the Puget Sound region and Cascade Mountains. As part of EarthCorps' intensive hands-on curriculum, they learn multiple restoration and trail Y construction techniques, try out project design and management, develop leadership and L team-building skills, and help manage thousands of local volunteers on projects. v L O EARTHCORPS PROJECT LEAD: a L O U Whitney Bowman, Field Operations Manager Tel: (206) 322-9296 ext. 221 w Cell: (206) 701-6195 r Email: whitnev@earthcorps.org 3 as E EarthCorps Project Managers: L Sean Day a Cell: 523-3248139 LO Email: Sean@earthcorps.org M Christyn Riehl �- L Cell: 206-485-3028 c i Email: christen@earthcorps.org w c m E m a� L Q r E V r a Packet Pg. 55 ■■■■■■ W■A ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■� iiiii■ ���- � �iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii • ■■■■■■■■■■■■■■■■■MENOMONEE ■ �_ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■� ■■■■■■■■■■■■■■■■■■■ J■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■I ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■► ►■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ll ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ WOE,-NONE ■■■■■iY■■■■■■■■■■■■■.■■■■■■■■■■I ■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■I i■■■■■■■■■■■■■■■■■■■■■■■■■■■■■I omm ■■■■■■■■■■..moommommommoommommommommommomm Emoloommoom ■■. ,, , ����i ................... .................� _........................� ■■■■■■■■■■■. ..., .................� -......................� ■■■■■■■■■■.- ■■■■■■■■■■■■■■■■■i -•■■■■■■■■■■■■■■■■■■■i ■■■■■■■■■■■ �►�..�IV�- ■.■■■■■■■■■■■■■■■� ��■■■■■■■■■■■■■■■■� ■■■■■■■■■■■ II Imo, = d■■■■■■■■■■■■■■■■1 ��■■■■■■■■■■■■■■I ■■■■■■■■■■■ 1�� .I ■■■■■■■■■■■■■■■■■i �q■■■■■■■■■■■■i mommommomms- mommommommom ■■■■■■■■■■■■ ■■� �� ■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■I • ■■■■■■■■■■■■■ ■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■I • ■■■■■■■■■■■■■■■■■■■■■■ MEN ■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■I ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■Wy USE W■ • '�■■ - MENNEN■i - ■■■■■■■■■■■■■■■ ■■■■■■I ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ -- ■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■I iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii■■ - ■iiiiiiiiiiiiiiiiiii �����iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii���� ._ -iiiiiii■■■■■■■■■■■■ ■■■■■■■■.■■■■■■■■■■i a■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ � - ■■■■■■■■■■■■■■■■■N ■■■■■■■■■■■■■■■■■■■i ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■i 4.D.a Exhibit B Insurance Requirements Insurance N •L O The Contractor shall procure and maintain for the duration of the a Agreement, insurance against claims for injuries to persons or damage to , property which may arise from or in connection with the performance of the Q work hereunder by the Contractor, their agents, representatives, employees, or subcontractors. L A. Minimum Scope of Insurance 0, Contractor shall obtain insurance of the types described below: Y L Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, ,0 products-completed operations, personal injury and advertising injury, a L and liability assumed under an insured contract. The Commercial 0 General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be w named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the 3 City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply a separately to this project/location or the general aggregate limit shall LO be twice the required occurrence limit. M The Contractor may use Umbrella or Excess Policies to provide the �- liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or w Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. a Automobile Liability insurance providing bodily injury and property damage liability coverage for all automobiles/vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on ISO a form CA 00 01, or a substitute form providing equivalent liability Packet Pg. 57 4.D.a coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Workers' Compensation coverage for the employees of Contractor and N subcontractors as required by the Industrial Insurance laws of the 0 State of Washington. a B. Minimum Amounts of Insurance a a Contractor shall maintain the following insurance limits: L Commercial General Liability insurance shall be written with limits no 0, less than $1,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products-completed operations aggregate limit. Y Primary Non-Contributory Additional Insured coverage for the City of L Kent, et. al. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Waiver of Subrogation ,o a L Automobile Liability insurance with a minimum combined single limit 0 for bodily injury and property damage of $1,000,000 per occurrence. w If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the 3 broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy a limits may be obtained with excess liability (umbrella) insurance. LO C. Other Insurance Provisions L The insurance policies are to contain, or be endorsed to contain, the U following provisions: w 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not a contribute to the Contractor's insurance policies. E 2. Contractor's insurer must deliver, or mail written notice of cancellation to the named insured at least forty-five (45) days a before the effective date of the cancellation. The Contractor's insurance policy shall include an endorsement that provides the Packet Pg. 58 4.D.a City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Contractor's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Contractor must notify the City of N any cancellation, nonrenewal or termination within two (2) 0 business days of their receipt of such notice. a 3. The City of Kent shall be named as an additional insured on all Q policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the 0, right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall Y also contain a clause stating that coverage shall apply separately L to each insured against whom claims are made or suit is brought, except with respect to the limits of the insurer's M liability. ,0 a L D. Acceptability of Insurers 0 Insurance is to be placed with insurers with a current A.M. Best rating of not u, less than A:VII. 3 E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the a amendatory endorsements, including but not necessarily limited to the LO additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor �. fails to provide the City with a copy of the endorsement naming the City as a U Primary Non-Contributory Additional Insured. w F. Subcontractors a E Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. a All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Contractor. E a Packet Pg. 59 Issue Date 2/27/2024 Cert#:0000025969 Non Profit Insurance Program Certificate of Coverage THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVEYS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOTAMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW.THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed If SUBROGRATION IS WAIVED,subject to the terms and conditions of Gs the policy,certain coverage may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). N L PRODUCER COMPANIES AFFORDING COVERAGE O t 7 Clear Risk Solutions GENERAL LIABILITY Q 451 Diamond Drive American Alternative Insurance Corporation,et al. Ephrata,WA 98823 L AUTOMOBILE LIABILITY American Alternative Insurance Corporation,et al. y INSURED PROPERTY American Alternative Insurance Corporation,et al. i Earthcorps MISCELLANEOUS PROFESSIONAL LIABILITY a Princeton Excess and Surplus Lines Insurance Company O 6310 ONE 74th Street,Suite 201 E Seattle,WA 98115 O V N COVERAGES ` THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD V INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. G 0 TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP DESCRIPTION LIMITS Q. DATE DATE i GENERAL LIABILITY O C) COMMERCIAL GENERAL LIABILITY N1-A2-RL-0000013-13 6/1/2023 6/1/2024 PER OCCURRENCE $5,000,000 t r- OCCURRENCE FORM PER MEMBER AGGREGATE $10,000,000 M W INCLUDES STOP GAP PRODUCT-COMP/OP $5,000,000 PERSONAL&ADV.INJURY $5,000,000 (LIABILITY IS SUBJECT TO A$250,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 3 r AUTOMOBILE LIABILITY ANY AUTO N1-A2-RL-0000013-13 6/1/2023 6/1/2024 COMBINED SINGLE LIMIT $5,000,000 N (LIABILITY IS SUBJECT TO A$250,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE L PROPERTY Q N1-A2-RL-0000013-13 6/1/2023 6/1/2024 ALL RISK PER OCC EXCL EQ&FL $75,000,000 EARTHQUAKE PER OCC $1,000,000 Ln FLOOD PER OCC $1,000,000 CD (PROPERTY IS SUBJECT TO A$250,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE MISCELLANEOUS PROFESSIONAL LIABILITY to CL N1-A3-RL-0000060-13 6/1/2023 6/1/2024 PER CLAIM $5,000,000 C V (LIABILITY IS SUBJECT TO A$250,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS W Regarding restoration and maintenance activities on City of Kent properties.The City ofKent is named as Additional Insured regarding these activities only and is subject +- topolicy terms,conditions and exclusions.The NPIP policy is primary and noncontributory.The NPIP policy requires a 90 day notice of cancellation. d E O CANCELLATION i Ilm SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE Q WITH THE POLICY PROVISIONS. }; CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE _ d E City of Kent = 220 4th Ave S Kent,WA 98032 Q Packet Pg. 60 AMERICAN ALTERNATIVE INSURANCE COMPANY ADDITIONAL INSURED—DESIGNATED PERSON OR ORGANIZATION (GENERAL LIABILITY) Named Insured Non Profit Insurance Program (NPIP) Policy Number Endorsement Effective N N1-A2-RL-0000013-13 6/1/2022 O t r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Q This endorsement modifies insurance provided under the following: a a� GENERAL LIABILITY COVERAGE PART L This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. H c O Schedule O Person or Organization(Additional Insured): As Per Schedule on file with Clear Risk Solutions,Underwriting Administrator U N N L City of Kent V 220 4th Ave S — Kent,WA 98032 L O Regarding restoration and maintenance activities on City of Kent properties.The City ofKent is named as Additional Q Insured regarding these activities only and is subject topolicy terms,conditions and exclusions.The NPIP policy is primary and noncontributory.The NPIP policy requires a 90 day notice of cancellation. O U t A. With respects to the General Liability Coverage Part only,the definition of Insured in the Liability Conditions,Definitions and Exclusions W section of this policy is amended to include as an Insured the Person or Organization shown in the above Schedule.Such Person or Organization is an Insured only with respect to liability for Bodily Injury,Property Damage,or Personal and Advertising Injury 3 caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: +, c 1. In performance of your ongoing operations;or E d 2. In connection with your premises owned or rented to you. B. The Limits of Insurance applicable to the additional Insured are those specified in either the: Q uO 1. Written contractor written agreement;or M 2. Declarations for this policy, N L whichever is less.These Limits of Insurance are inclusive and not in addition to the Limits Of Insurance shown in the Declarations. O tU t All other terms and conditions remain unchanged. W C d E d N L Q r E V Includes copyrighted material of the Insurance Services Office, Inc.,with its permission Q Packet Pg. 61 4.D.a m N �L O r Q Q N� L 0 U m L U L O Q L O U t LU t r 3 c m E m m L a LO M N Q L 0 U t W C d E d N L Q r c� C V r a Packet Pg. 62 4.E PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-856-5600 DATE: April 2, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Consultant Services Agreement with Herrera Environmental for the Boeing Rock Enhancement Project - Authorize MOTION: I move to authorize the Mayor to sign a Consultant Services Agreement with Herrera Environmental Consultants, Inc. subject to final terms and conditions acceptable to the City Attorney and the Directors of Public Works and Parks. SUMMARY: The Boeing Rock Recreation/Habitat Enhancement Project will be designed to provide multiple benefits: improving habitat in the Lower Green River, increasing floodplain storage, and adding passive recreational facilities along the Boeing Levee. The project is located along the right (east) bank of the Green River between South 200th Street and South 212th Street and is approximately 200 feet in width. The project site is situated immediately downstream of the Lower Russell Levee Habitat Improvements and when completed, these projects will result in over two miles of newly improved riparian habitat and recreational amenities, including off-channel salmon habitat and trail networks. In February 2024, the City entered into a Salmon Recovery Funding Board grant agreement with the State of Washington and has also been awarded funds through the King County Parks Levy Open Space - River Corridors grant. Both grants will be used to complete a feasibility analysis with preliminary environmental studies, assessment of alternatives, conceptual design, and stakeholder coordination. A Request for Qualifications was advertised, and Herrera Environmental Consultants (Herrera) was selected based on their expertise and experience in designing river habitat restoration projects while integrating recreational facilities. The scope of work also includes a feasibility study and alternatives analysis, which are required elements for both grants. This contract with Herrera Environmental has a not to exceed amount of $216,117. BUDGET IMPACT: None. The project is 100% grant funded and included within existing budgets. Packet Pg. 63 4.E SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Herrera - Boeing Rock Recreation and Habitat Enhancement Agreement (PDF) Packet Pg. 64 4.E.a KENT CONSULTANT SERVICES AGREEMENT L L between the City of Kent and = Herrera Environmental Consultants, Inc. E THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter m the "City"), and Herrera Environmental Consultants, Inc. organized under the laws of the State of Q Washington, located and doing business at 2200 Sixth Avenue, Suite 1100, Seattle, WA 98121, Phone: N (206) 787-8236, Contact: Betsy Lyons (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. cn c The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: N c 0 U The Consultant shall conduct a feasibility assessment and alternative analysis for the Boeing LO Rock Recreation and Habitat Enhancement project. For a description, see the Consultant's Scope of Work, which is attached as Exhibit A and incorporated by this reference. r c m E m m L 0 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. c 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 w work described in Section I by June 30, 2025. o III. COMPENSATION. _ c A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Two 0 Hundred Sixteen Thousand, One Hundred Seventeen Dollars ($216,117), for the services o described in this Agreement. This is the maximum amount to be paid under this Agreement m 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 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 �o from the effective date of this Agreement. The Consultant's billing rates shall be as delineated 0, in Exhibit A. 9 0 B. The Consultant shall submit monthly payment invoices to the City for work performed, and a 0° final bill upon completion of all services described in this Agreement. The City shall provide a payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any 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. E z C. Card Payment Program. The Consultant may elect to participate in automated credit card o r 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. 65 4.E.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. L IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- L Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in = accordance with Ch. 51.08 RCW, the parties make the following representations: r 3 A. The Consultant has the ability to control and direct the performance and details of its c work, the City being interested only in the results obtained under this Agreement. E m m B. The Consultant maintains and pays for its own place of business from which the Q Consultant's services under this Agreement will be performed. N a� C. The Consultant has an established and independent business that is eligible for a j business deduction for federal income tax purposes that existed before the City c4) 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. N c 0 D. The Consultant is responsible for filing as they become due all necessary tax L? documents with appropriate federal and state agencies, including the Internal Revenue Q Service and the state Department of Revenue. M r 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 E Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. a' a r c F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. a� c ca 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 W this Agreement. After termination, the City may take possession of all records and data within the r Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal = exposure to the Consultant. 0 c VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure .o 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 c; delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent W to the other that at the time of signing this Agreement, they are able to perform as required and their 19 performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing �0 state or national declarations of emergency, or any current social distancing restrictions or personal 0, protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. 0 m If any future performance is prevented or delayed by a force majeure event, the party whose a performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be x 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 E continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. 0 r 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. 66 4.E.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. L If a force majeure event occurs, the City may direct the Consultant to restart any work or L performance that may have ceased, to change the work, or to take other action to secure the work or the = project site during the force majeure event. The cost to restart, change, or secure the work or project site r arising from a direction by the City under this clause will be dealt with as a change order, except to the 3 extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its c obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. L VII. DISCRIMINATION. In the hiring of employees for the performance of work under this N Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national j origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who c4) 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. N c 0 VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, v 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 M performance of this Agreement, except for that portion of the injuries and damages caused by the City's r negligence. E 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. a' Q r c Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, r- employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's W negligence. r 0 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 f° c FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. g r 0 m In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was a made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court W having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then he the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and �0 reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal 0, on the Consultant's part. 0 m The provisions of this section shall survive the expiration or termination of this Agreement. 0 L IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. _ c X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable E accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. ;o r Q CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) Packet Pg. 67 4.E.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 2 City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records L Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to = cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The r City's use or reuse of any of the documents, data, and files created by the Consultant for this project by 3 anyone other than the Consultant on any other project shall be without liability or legal exposure to the c Consultant. E E m m XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor Q with the authority to control and direct the performance and details of the work authorized under this y Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. m U) XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary c 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 N be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to 0 materials, tools, or other articles used or held for use in connection with the work. L? 0 LO XIV. MISCELLANEOUS PROVISIONS. M r 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 E preference may be available for any designated recycled product. m a B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the r c 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 w covenants, agreements or options, and the same shall be and remain in full force and effect. c C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and W construed in accordance with the laws of the State of Washington. If the parties are unable to settle any r dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules = and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred g 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 ci right to indemnification under Section VIII of this Agreement. u 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 m Agreement or such other address as may be hereafter specified in writing. L E. Assignment. Any assignment of this Agreement by either party without the written consent 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 E z F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement r 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. 68 4.E.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 a or altering in any manner this Agreement. All of the above documents are hereby made a part of this t 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. r 3 H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal c laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. Q I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, j emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may c) be subject to public review and disclosure, even if those records are not produced to or possessed by the 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. N c 0 J. City Business License Required. Prior to commencing the tasks described in Section I, L) Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Q Kent City Code. M r c m E 0 m L Q r E V W r r r L V V N0 LPL 0 m L L L Y E V r r Q CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) Packet Pg. 69 4.E.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 m to the other by fax or email and that signature shall have the same force and effect as if the Agreement L bearing the original signature was received in person. _ r IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior c to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed E to have applied. a L Q N CONSULTANT: CITY OF KENT: .2 L U) By: By: �a r Print Name: Print Name: Dana Ralph N 0 Its Its Mayor v 0 LO DATE: DATE: M r _ m NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: E a� a� L CONSULTANT: CITY OF KENT: Q r _ Betsy Lyons Chad Bieren, P.E. Herrera Environmental Consultants, Inc. City of Kent 2200 Sixth Avenue, Suite 1100 220 Fourth Avenue South cc Seattle, WA 98121 Kent, WA 98032 w r (206) 787-8235 (telephone) (253) 856-5500 (telephone) BLyons@herrerainc.com (email) PublicWorks@KentWa.gov (email) x _ APPROVED AS TO FORM: 0 r a� L V Kent Law Department Y V ATTEST: a� _ 0 m Kent City Clerk L kb-3/22/2024 d L L _ E V Q CONSULTANT SERVICES AGREEMENT - 6 (Over$20,000) Packet Pg. 70 4.E.a DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY L L The City of Kent (City) is committed to conform to Federal and State laws regarding equal 3 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 employment opportunity policies. L The City of Kent and its contractors are subject to and will comply with the following: N a� • 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); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs N Of The Department Of Transportation-Effectuation Of Title VI Of The Civil o Rights Act Of 1964); 0 LO • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement M of Title VI of the Civil Rights Act of 1964). c a� • Ch. 49.60 RCW (Washington Law Against Discrimination) 0 L Q r The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". E c 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 r- all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. 0 The statements are as follows: a� L V 1. I have read the attached City of Kent administrative policy number 1.2. U 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, 0 race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement m° to all new employees and subcontractors indicating commitment as an equal opportunity employer. L 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and o successors in interest (hereinafter referred to as the "contractor") agrees as follows: Q EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 71 4.E.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 L programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference 3 and made a part of this contract. a� E B. Non-discrimination: The contractor, with regard to the work performed by it L during the contract, will not discriminate on the grounds of race, color, or national Q origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or 2 indirectly in the discrimination prohibited by the Acts and the Regulations, including � employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. v C. Solicitations for Subcontracts, Including Procurements of Materials and o Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, includingLO procurements of materials, or leases of equipment, each potential subcontractor or M 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. L 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 w compliance with such Acts and Regulations and instructions. Where any information J required of a contractor is in the exclusive possession of another who fails or 2 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. 0 r E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: o a. withholding payments to the contractor under the contract until the c contractor complies; and/or m b. cancelling, terminating, or suspending a contract, in whole or in part. , L F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of = 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 U 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. 72 4.E.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. L L Q� 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: a� E W a� Pertinent Non-Discrimination Authorities: Q i. 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); and 49 CFR Part 21. c ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Y (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose = property has been acquired because of Federal or Federal-aid programs and projects); o iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination M on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, E (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.), a (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as E amended, (prohibits discrimination based on race, creed, color, national origin, or 2 sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by cc expanding the definition of the terms "programs or activities" to include all of the CU programs or activities of the Federal-aid recipients, sub-recipients and contractors, o whether such programs or activities are Federally funded or not); a viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities o (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation a) regulations at 49 C.F.R. parts 37 and 38; 0 ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) m° (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 aD disproportionately high and adverse human health or environmental effects on E minority and low-income populations; r r Q EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 73 4.E.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 L have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); _ xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from r discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). E xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) L a� 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. .2 L By signing below, I agree to fulfill the five requirements referenced above. ' r By: o U For: LO Title: r c a� Date: a� L Q E a) V r— R W O L V N� L7� Y V O 01 C O m i d L L E V Q EEO COMPLIANCE DOCUMENTS - 4 Packet Pg. 74 4.E.a CITY OF KENT ADMINISTRATIVE POLICY L L L NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 = r 3 c a� E m m L SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 Q APPROVED BY Dana Ralph, Mayor a� POLICY: c r Equal employment opportunity and non-discrimination in contracting requirements for the City of N Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and o suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must LO take the following affirmative steps: M 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. L 2. Actively consider for promotion and advancement available minorities and women. a c 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 Policy Declaration, prior to commencing performance. w r Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. c Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public o Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. a� 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these l regulations are familiar with the regulations and the City's equal employment opportunity wo policy. 0 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. m L L L Y E V r r Q EEO COMPLIANCE DOCUMENTS - 5 Packet Pg. 75 4.F PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-856-5600 DATE: April 2, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Highway Safety Improvement Program — City Safety Road Diets Grant — Accept Additional Funds MOTION: I move to accept additional grant funds from the Washington State Department of Transportation in the amount of $283,605, for the City Safety Road Diets Grant, amend the budget, authorize expenditure of the grant funds, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: This project consists of re-striping two 4-lane roadways and one 2-lane roadway resulting in 3-lanes plus bike lanes on three corridors where bike lanes are planned as part of the Transportation Master Plan. The three corridors are: • 4th Avenue North (South 228th Street to West James Street) • West Meeker Street - Lincoln Avenue North - East Smith Street (Washington Avenue North to 4th Avenue North) • South 260th Street - South 259th Place (Pacific Highway South to Military Road South) City Council originally authorized the acceptance of $735,000 in grant funds requiring a 10% local funds match for this project in March 2021. In July 2023, City Council accepted additional funding from WSDOT in the amount of $499,140 to cover increased construction costs and eliminate the need for a City funded local match. This project was advertised and received two bids, both of which were higher than the engineer's estimate. WSDOT has agreed to provide $283,605 of additional funding to cover the increased construction costs. This project received additional funding from WSDOT because it is construction ready. Construction will begin this year and the project is anticipated to be completed this summer. BUDGET IMPACT: The project is 100% grant funded to a maximum of $1,517,745. Any additional costs related to construction change orders would be paid for using Streets funds. SUPPORTS STRATEGIC PLAN GOAL: Packet Pg. 76 4.F Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Federal Aid Project Prospectus with attachment (PDF) Packet Pg. 77 4.F.a AM � Washington State Local A enc Federal Aid TI/ Department of Transportation g y i Project Prospectus Prefix Route ( ) Date 3/29/24 Federal Aid Project Number HSIP-OOOS(604) DUNS Number 020253613 c Local Agency WSDOT Federal Employer Project Number 21-3003 Use Only Tax ID Number 91-6001254 0 Agency CAAgency Federal Program Title d City of Kent ❑✓ Yes [:] No ❑✓ 20.205 [:] Other Cn Project Title Start Latitude N See attached Start Longitude W See attached City Safety Road Diets v End Latitude N See attached End Longitude W See attached i Project Termini From-To Nearest City Name Project Zip Code(+4) m See attached Kent 98032-5895 0 L Begin Mile Post End Mile Post Length of Project Award Type a c N/A N/A N/A ❑✓ Local❑Local Forces❑State❑Railroad m E Route ID Begin Mile Point End Mile Point City Number County Number County Name c N/A N/A N/A 0615 17 KING a WSDOT Region Legislative District(s) Congressional District(s) Urban Area Number E Northwest Region 33 9 80389 2 Total Local Agency Phase Start ;, Phase Estimated Cost Funding Federal Funds Date 3 Nearest Hundred Dollar Nearest Hundred Dollar Nearest Hundred Dollar Month Year 9P.E. $160,000 $160,000 Oct 2021 'x R/W Const. $1,357,700 $1,357,700 July 2023 CD Total $1,517,700 $1,517,700 d Description of Existing Facility (Existing Design and Present Condition) E Roadway Width Number of Lanes See attached See attached See attached 3 d Description of Proposed Work c Description of Proposed Work(Attach additional sheet(s)if necessary) a` See attached 0 L a 'a Local Agency Contact Person Title Phone L Drew Holcomb Project Engineer 2535611587 Mailing Address City State Zip Code 220 Fourth Ave. S. --[Kent WA 98032 E By a Project Prospectus Approving Authority Q Title Public Works Director Date DOT Form 140-101 Revised 01/2022 Previous Editions Obsolete Packet Pg. 78 4.F.a Agency Project Title Date City of Kent City Safety Road Diets 3/29/24 i Type of Proposed Work Project Type(Check all that Apply) Roadway Width Number of Lanes ❑ New Construction ❑ Path /Trail ❑ 3-R See attached See attached ❑ Reconstruction ❑ Pedestrian / Facilities ❑ 2-R M ❑ Railroad ❑ Parking ❑✓ Other C ❑ Bridge Geometric Design Data in Description Through Route Crossroad c� ❑ Principal Arterial ❑✓ Principal Arterial i E Federal ❑✓ Urban ❑✓ Minor Arterial ❑ Minor Arterial &- ❑✓ Urban am ❑ Collector ❑ Collector a Functional ❑ Rural E-] Rural ❑ Major Collector ❑ Major Collector Classification E] NHS ElMinor Collector ❑ NHS ❑ Minor Collector ❑ Local Access ❑ Local Access L 0. Terrain ❑✓ Flat ❑ Roll ❑ Mountain ❑✓ Flat ❑ Roll [—] Mountain E E Posted Speed a� Design Speed M Existing ADT Design Year ADT 9 Design Year 3: Design Hourly Volume (DHV) v CD Performance of Work Preliminary Engineering Will Be Performed By Others Agency City of Kent % 100 % E Construction Will Be Performed By Contract Agency Contractor 100 % ova W Environmental Classification 3 ❑ Class I - Environmental Impact Statement (EIS) ❑✓ Class II - Categorically Excluded (CE) ❑ Project Involves NEPA/SEPA Section 404 ❑ Projects Requiring Documentation �- Interagency Agreement (Documented CE) ° a ❑ Class III - Environmental Assessment (EA) as ❑ Project Involves NEPA/SEPA Section 404 ° IL Interagency Agreements a Environmental Considerations L d U- E V M Q DOT Form 140-101 Revised 01/2022 Previous Editions Obsolete Packet Pg. 79 4.F.a Agency Project Title Date City of Kent City Safety Road Diets 3/29/24 i Right of Way ❑✓ No Right of Way Needed ❑ Right of Way Needed c� *All construction required by the ❑ No Relocation ❑ Relocation Required contract can be accomplished within the existing right of way. c Utilities Railroad ❑✓ No utility work required ❑✓ No railroad work required Cn ❑All utility work will be completed prior to the start [:]All railroad work will be completed prior to the start of Z of the construction contract the construction contract i ❑All utility work will be completed in coordination ❑All the railroad work will be completed in coordination E with the construction contract with the construction contract Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project a c m E d 0 L M E 12 C9 co 3 z aM x 00 v FAA Involvement C' CO) Is any airport located within 3.2 kilometers (2 miles) of the proposed project?❑Yes ❑✓ No d Remarks E z c� c� 3 0 m Q. 0 L a m 0 L a 'a L This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and is not inconsistent with the agency's comprehensive plan for community development. ; c as Agency E By M Date Mayor/Chairperson Q DOT Form 140-101 Revised 0112022 Previous Editions Obsolete Packet Pg. 80 4.F.a PUBLIC WORKS Chad Bieren, P.E. • Director +r c K E N T 400 West Gowe Street L WASHINOTON Kent, WA 98032 Fax: 253-856-6500 PHONE: 253-856-5500 ca 0 W Date: June 13, 2023 r City Safety Road Diets Prospectus U This project has three separate locations where the existing roads will be converted to a three lane roadway with bike lanes. cc Project locations o 1. S 260th St -S 259th PI from Pacific Hwy to Military Rd. S a 2. Meeker-Lincoln-Smith from Washington Ave. (SR 181) to 4th Ave. N 3. 4th Ave N from S. 228th St to W James St. ; 0 a E Location 1 - S 260th St -S 259th PI Start Latitude N 47022'7.39" End Latitude N 47022'11.69" CU Start Longitude W 122018'12.60" End Longitude W 122017'13.69" 3 Project Termini From - To Pacific Hwy S (SR 99) - Military Rd. S co M Length of Project: 3000 feet r E Description of Existing Facility r Road width: 45' feet Number of Lanes: 2 Approximately 900 feet east of Pacific Hwy and 260th St intersection the two 3 way left turn lane (TWLTL) ends and the road is a two lane road all the way to 3 Military Rd. a a Description of Proposed Work 0 This project will restripe the road into a three lane road with bike lanes. One travel lane and one bike lane in each direction with a TWLTL down the center. o L Type of Proposed Work a Other L Road width: 45' feet Number of Lanes: 2 ILL E m Q a a v Y Mayor Dana Ralph City of Kent P Packet Pg. 81 4.F.a Geometric Design Data Posted Speed Description Through Route Crossroad Federal Functional Urban Minor Arterial Urban Principal Arterial Classification o Terrain Rolling Rolling cc Posted Speed 35 Design Speed 35 Existing ADT 12595 2018 Design Year Design Hourly Volume (DHV) E Cu 0 L r C 0 Location 2 - Meeker-Lincoln-Smith from Washington Ave. (SR 181) to 4th Ave. N 0 Start Latitude N 47022'52.88" End Latitude 47022'58.93" E Start Longitude W 122014'49.90" End Longitude W 122014'15.06" - Cu Project Termini From — To Washington Ave. (SR 181) to 4th Ave. N Length of Project: 2800 feet 'x Co Description of Existing Facility Road width: 39-55-39 feet Number of Lanes: 4-5-4 This road is continuous but is best described as three segments, all of which have different road names but are the same road. Meeker St from Washington E Ave to 167, is 39 feet wide and has four lanes. Lincoln Street from 167 to Madison Ave is 55 feet wide and has four lanes with a TWLTL. Smith St. from Madison Ave to 4t" Ave is 39 feet wide and has four lanes. r 3 Description of Proposed Work This project will restripe the road into a three lane road with bike lanes. One a travel lane and one bike lane in each direction with a TWLTL down the center. o Where the road is wider a buffer space may allow for some vertical elements to a improve separation for the bike lane. 0 L Type of Proposed Work Other a Road width: 39-55-39 feet Number of Lanes: 4-5-4 U- r C E a Packet Pg. 82 4.F.a Geometric Design Data Posted Speed Description Through Route Crossroad Federal Functional Urban Minor Arterial Urban Principal Arterial Classification o Terrain Flat Flat cc Posted Speed 30 Design Speed 30 Existing ADT 18,025 2018 Design Year Design Hourly Volume (DHV) E L 0 L r Location 3 - 4th Ave N from S. 228th St to W James St. E Start Latitude N 47023'50.86" End Latitude 47023'12.44" 00 L Start Longitude W 122014'19.47" End Longitude W 122014'14.39" 0 Project Termini From — To CU S. 228th St to W James St. Length of Project: 4000 feet 3 Description of Existing Facility Road width: 66-48-57 feet Number of Lanes: 4co After the turn lane at the intersection of 228t" St, 4t" Ave has a short 370 foot M long median and then transitions to a 48 foot wide four lane road. After the intersection of Cloudy St. the road remains 4 lanes at 57 feet wide until the intersection of James St. where a turn lane is incorporated. r r Description of Proposed Work r This project will restripe the road into a three lane road with bike lanes. One 3 travel lane and one bike lane in each direction with a TWLTL down the center. w Where the road is wider a buffer space may allow for some vertical elements to a improve separation for the bike lane. 0 a r Type of Proposed Work Other a Road width: 66-48-57 feet Number of Lanes: 4 a L LL r Q� E V R Y a Packet Pg. 83 4.F.a Geometric Design Data Posted Speed Description Through Route Crossroad Federal Functional Urban Minor Arterial Urban Minor Arterial Classification o Terrain Flat Flat cc Posted Speed 35-30 Design Speed 35-30 Existing ADT 15,264 2018 cn Design Year Design Hourly Volume (DHV) E L 0 L CL r C a) E 0 L cQ G 4- Cu v! 3 2 x co M r C d L V R r r fC t r �3 w m a Ch 0 L CL V O L IL Q L U- r C 0 E V R Y a Packet Pg. 84 4.G PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5600 DATE: April 2, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: 132nd Avenue S.E. Multi-Use Path - Transportation Improvement Board Grant - Authorize MOTION: I move to accept grant funds in the amount of $500,000 from the Transportation Improvement Board for the Complete Streets Award, amend the budget, authorize the expenditure of funds, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: 132nd Avenue S.E. was constructed while under King County jurisdiction, then was subsequently annexed by the Kent as part of the Panther Lake Annexation. This project will build a paved path to connect missing segments for non-motorized users, thereby establishing a continuous walking route on 132nd Avenue S.E. from S.E. 240th Street to S.E. 228th Place. The project also includes repairing and resurfacing asphalt and re-channelization on 132nd Avenue S.E. The Transportation Improvement Board's maximum grant amount of $500,000 is based on 28.49% of the total construction and construction administration cost, and a City of Kent contribution of $1,255,000. Construction work must be completed by December 31, 2024, and the grant closeout paperwork completed by April 1, 2025. If this item passes unanimously, it will move to tonight's Consent Agenda. BUDGET IMPACT: $500,000 in grant funds will be added to the budget. Remaining cost will be paid for using street funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: Packet Pg. 85 4.G 1. Grant Agreement - CSP - Kent - 132nd Avenue SE multi-use path (PDF) Packet Pg. 86 4.G.a City of Kent C-P-106(004)-1 o 132nd Avenue SE multi-use path SE 228th Place to SE 240th Street Q N STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Kent a AGREEMENT N THIS GRANT AGREEMENT (hereinafter"Agreement")for the 132nd Avenue SE multi-use pathLi SE 228th Place to SE 240th Street (hereinafter "Project") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB") and City of KENT, a political subdivision of the State of Washington (hereinafter "RECIPIENT"). a c 1.0 PURPOSE M For the project specified above, TIB shall pay 28.4900% percent of approved eligible project costs up to the amount of$500,000, pursuant to terms contained in the RECIPIENT'S Grant Application, supporting documentation, chapter 47.26 RCW and/or chapter 47.04 RCW, title 479 WAC, and the terms and conditions listed below. a as N 2.0 SCOPE AND BUDGET ' r The Project Scope and Budget are initially described in RECIPIENT's Grant Application and E incorporated by reference into this Agreement. Scope and Budget will be further developed and (n refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. Q c 3.0 PROJECT DOCUMENTATION M r TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT's submission of each Y Project document to TIB, the terms contained in the document will be incorporated by reference a into the Agreement. Required documents include, but are not limited to the following: a) Project Funding Status Form b) Bid Authorization Form with plans and engineers estimate E c) Award Updated Cost Estimate L d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities f) Project Accounting History ;a c� 4.0 BILLING AND PAYMENT E The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as a often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable Packet Pg. 87 4.G.a amounts are greater than $50,000. If progress billings are not submitted, large payments may be delayed or scheduled in a payment plan. o 5.0 TERM OF AGREEMENT 0 Q. N This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant or until terminated as provided herein, but shall not exceed April 1, 2025 unless amended by the Parties. a 6.0 AMENDMENTS N This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. Li as 7.0 ASSIGNMENT a The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this M Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT's other rights under this Agreement. r; 8.0 GOVERNANCE &VENUE a as This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for r Thurston County. w 9.0 DEFAULT AND TERMINATION a� c 9.1 NON-COMPLIANCE > a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to Q comply with the terms and conditions of this Agreement, TO shall notify the RECIPIENT, N in writing, of the non-compliance. r b) In response to the notice, RECIPIENT shall provide a written response within 10 Y business days of receipt of TIB's notice of non-compliance, which should include either a , detailed plan to correct the non-compliance, a request to amend the Project, or a denial a. accompanied by supporting details. c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. L d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and Q may withhold further payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. c 9.2 DEFAULT RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: a Packet Pg. 88 4.G.a a) RECIPIENT is not making reasonable progress toward correction and compliance. o b) TIB denies the RECIPIENT's request to amend the Project. c) After investigation TIB confirms RECIPIENT'S non-compliance. o N TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. a 9.3 TERMINATION N a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of Li termination, the RECIPIENT shall immediately stop work and/or take such action as may be directed by TIB. > b) In the event of default and/or termination by either PARTY, the RECIPIENT may M be liable for damages as authorized by law including, but not limited to, repayment of grant funds. v rn M c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. a a� 9.4 TERMINATION FOR NECESSITY TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, E because funds are no longer available for the purpose of meeting TIB's obligations. If w this Agreement is so terminated, TO shall be liable only for payment required under this n Agreement for performance rendered or costs incurred prior to the effective date of termination. > a 10.0 USE OF TIB GRANT FUNDS c N M r TIB grant funds come from Motor Vehicle Fuel Tax revenue and other revenue sources. Any use of these funds for anything other than highway or roadway system improvements is Y prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in , Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is a. subsequently sold, proceeds from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor vehicle purpose. The obligations of this Section shall survive termination of this Agreement. as 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS a At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum payable TO funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be made pursuant to WAC 479-05-202 and/or WAC 479-01-060 and/or WAC 479-10-575. If an increase is denied, the recipient shall be liable for all costs incurred in excess of the maximum amount payable by TIB. In the event that final costs related to the specific project are less than the initial grant award, TIB funds will be decreased and/or refunded to TIB in a manner that a Packet Pg. 89 4.G.a maintains the intended ratio between TIB funds and total project costs, as described in Section 1.0 of this Agreement. o 0 12.0 INDEPENDENT CAPACITY c c� The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. a a� 13.0 INDEMNIFICATION AND HOLD HARMLESS The PARTIES agree to the following: Li Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as a such, from any and all costs, claims,judgment, and/or awards of damages, arising out of, or in any way resulting from, that PARTY's own negligent acts or omissions which may arise in M connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, r; suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the r other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions w of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees (n and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. > a 14.0 DISPUTE RESOLUTION c N M r a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution Y process outlined in this Section applies to disputes arising under or in connection with , the terms of this AGREEMENT. a. U b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. as c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non-binding mediation facilitated by a mutually agreed upon Q mediator. The PARTIES shall share equally in the cost of the mediator. ,L^ V d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. m E e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. a Packet Pg. 90 4.G.a c 0 c� 0 15.0 ENTIRE AGREEMENT c c� This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter 47.26 Revised Code of Washington and/or 47.04 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement a between the PARTIES and supersedes all previous written or oral agreements between the N PARTIES. r 16.0 RECORDS MAINTENANCE Li The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to a accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain M such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the r; Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. The obligations of this Section shall survive termination of this Agreement. a as If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have r been resolved. w a� Approved as to Form Attorney General > a By: N M r a+ Signature on file Y Guy Bowman can Assistant Attorney General c as E as as Lead Agency Transportation Improvement Board Q c 0 ,L^ V Chief Executive Officer Date Executive Director Date E t cC Q Print Name Print Name Packet Pg. 91