HomeMy WebLinkAboutFinal Agenda Packet
CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, May 8, 2023
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
Please note that this regular meeting of the Renton City Council is being offered as a hybrid
meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S
Grady Way, Renton, 98057 or remotely through Zoom.
For those wishing to attend by Zoom: Please (1) click this link
https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or
copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215-
8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the
day of the meeting to request an invite with a link to the meeting.
Registration for Audience Comment: Registration will be open at all times, but speakers must
register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who
registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and
will be required to re-register for the next Council meeting if they wish to speak at that next
meeting.
• Request to Speak Registration Form:
o Click the link or copy/paste the following URL into your browser:
https://forms.office.com/g/bTJUj6NrEE
• You may also call 425-430-6501 or email jsubia@rentonwa.gov or
cityclerk@rentonwa.gov to register. Please provide your full name, city of residence,
email address and/or phone number, and topic in your message.
• A sign-in sheet is also available for those who attend in person.
Video on Demand: Please click the following link to stream Council meetings live as they
occur, or to select previously recorded meetings:
Renton Channel 21 Video on Demand
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION
a) Affordable Housing Week - May 7 - May 13, 2023
b) Building Safety Month - May 2023
4. ADMINISTRATIVE REPORT
a) Administrative Report
5. AUDIENCE COMMENTS
• All remarks must be addressed to the Council as a whole, if a response is requested
please provide your name and address, including email address, to the City Clerk to
allow for follow‐up.
• Speakers must sign-up prior to the Council meeting.
• Each speaker is allowed three minutes.
• When recognized, please state your name & city of residence for the record.
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
6. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of May 1, 2023.
Council Concur
b) AB - 3338 Finance Department reports that an interfund loan was approved via
Resolution No. 4432 in 2021 for the purchase of new golf carts. The funds were
transferred to Fund 424 in 2022, and the first year of repayments was completed in
February 2023. The remaining principal balance is $181,143.24 and will be paid over the
remaining four years of the amortization schedule.
None; Information Only
c) AB - 3347 Public Works Utility Systems Division recommends execution of an agreement
with RH2 Engineering, Inc., in the amount of $220,000 for professional services
performed during the construction phase of the West Hill Booster Pump Station
Improvements project.
Refer to Utilities Committee
d) AB - 3348 Public Works Utility Systems Division recommends execution of an agreement
with GeoEngineers, Inc., in the amount of $576,746 for engineering and design services
for the Panther Creek at Talbot Rd S Culvert Replacement project.
Refer to Utilities Committee
7. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Finance Committee: Vouchers, Water Quality Grant Agreement with the State of
Washington Department of Ecology for the Burnett Ave S and Williams Ave S Water
Quality Retrofit Project, Interagency Agreement with the Washington Traffic Safety
Commission for the King County Distracted Driving Campaign, Utility Bill Leak Adjustment
Request for Leisure Estates, Springbrook Creek Wetlands Mitigation Bank Credit Sale
Agreement for Seattle Soccer, LLC dba Seattle Sounders FC
b) Planning & Development Committee: Docket 18 - Group A, Planning Commission
Bylaws*
8. LEGISLATION
Resolutions:
a) Resolution No. 4494: Accepting Planning Commission Bylaws (See Item 7.b)
b) Resolution No. 4495: Authorizing Mitigation Credit Purchase & Sale Agreement (See Item
7.a)
Ordinance for second and final reading:
c) Ordinance No. 6111: Compost Procurement (First Reading 5/1/2023)
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
10. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
CANCELED
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
ArmondoPavoneMayorWhereas,theU.S.DepartmentofHousingandUrbanDevelopmentfHUD)definesaffordablehousingas“housingonwhichtheoccupantispayingnomorethan30percentofgrossincomeforhousingcosts,includingutilities”;andWhereas,7,702Rentonfamiliesareconsidered“housinginsecure”becausetheyarespendingmorethanhalfoftheirincomeonrentandutilities;andWhereas,allpeopleshouldhaveaccesstosafe,healthy,andaffordablehomeswithintheircommunities,whichbenefitsthepeoplewhoresideintheseproperties,theirneighbors,businesses,employers,andthecommunityasawhole;and‘14/’fiereas,theCityofRenton2023-2028BusinessPlanhasthegoaltoprovideasafe,healthy,andvibrantcommunity,andthecityachievesandfurthersthegoalsoftheBusinessPlanbyworkingwithaffordablehousingpartners;andWhereas,twosuchorganizationsareHabitatforHumanitySeattle-King&KittitasCountiesandHomesteadCommunityLandTrust,non-profitaffordablehomeownershipdevelopersprovidingaffordablehousingintheCityofRenton;andWhereas,theCityofRentonendorsesthegoals,objectives,andpurposesofAffordableHousingWeek,andrecommitstoprovidingacommunitythatthriveswithopportunitywhereallpeoplelivewithdignityinsafe,healthy,andaffordablehomes;andfr1)fiereas,formoreinformationaboutAffordableHousingWeekeducationandadvocacyevents,residentscanvisitwww.housingconsortium.org/affordable-housing-week;g’Iow,therefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimMay7throughMay13,2023tobefforéa6tefl-lousingWeek,intheCityofRenton,andIencourageallresidentstojoinmeinthisspecialobservance.InwitnesswhereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis8thdayofMay,2023.Aronne,MayorCiofRç?ton.WashingtonRentonCityHall,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govProctamationAGENDA ITEM #3. a)
ArmondoPavoneMayorWfiereas,theCityofRentoniscommittedtorecognizingthatourgrowthandstrengthdependonthesafetyofourhomes,buildings,andinfrastructure,bothineverydaylifeandwhendisasterstrikes;and‘T4)fiereas,ourconfidenceintheresilienceofthesebuildingsisachievedthroughthedevotionofvigilantguardians—building,safetyandfirepreventionofficials,architects,engineers,builders,tradespeople,designprofessionals,laborers,plumbers,andothersintheconstructionindustry—whoworkyear-roundtoensurethesafeconstructionofbuildings;andWfiereas,theseguardiansarededicatedmembersoftheInternationalCodeCouncil,anonprofitthatbringstogetherlocal,state,territorial,tribal,andfederalofficialswhoareexpertsinthebuiltenvironmenttocreateandimplementthehighestqualitycodestoprotectusinthebuildingswherewelive,learn,workandplay;andWfiereas,thesemodernbuildingcodesincludesafeguardstoprotectthepublicfromhazardssuchashurricanes,snowstorms,tornados,wildlandfires,floods,andearthquakes;andWfiereas,“ItStartsWithYou,”thethemeofBuildingSafetyMonth,encouragesusalltoraiseawarenessaboutbuildingsafetyonapersonal,local,andglobalscale;andWfiereas,weacknowledgetheessentialserviceprovidedtoallofusbylocalandstatebuildingdepartments,firepreventionbureaus,andfederalagenciesinprotectinglivesandproperty;Wow,tfierefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimMay2023tobeBui(éingSafetyS7llontfiintheCityofRenton,andIencourageallresidentstojoinmeinthisspecialobservance.ProctamationInwitnesswfiereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis8thdayofMay2023.MayorWashingtonRentonCityHall,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. b)
Mayor’s Office
Memorandum
DATE: May 8, 2023
TO: Valerie O’Halloran, Council President
Members of Renton City Council
FROM: Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
SUBJECT: Administrative Report
• A Pop-up lunch, providing lunch, hygiene kits, socks, and pet food, is scheduled for
Wednesday, May 10, from 12 to 1:30 pm, 300 Rainier Avenue North sponsored by the
Emergency Feeding Program/SOS (will be held regularly on the second and fourth
Wednesday through December 2023).
• In partnership with several agencies serving the Renton community, the Renton Library,
100 Mill Avenue, will be hosting Resource Days on Friday, May 12 from 11 am to 2 pm.
This event will offer help in obtaining a phone; getting access to free meals, clothing,
hygiene kits, haircuts, and identification; and connecting with community agencies.\
• Bring your scrap metal, large appliances, and Styrofoam to the Recycling Event at
Renton Technical College Parking Lot (NE 6th Place & Monroe Ave. NE), on Saturday,
May 13, 10 am to 2 pm. Non-perishable food items will also be collected for distribution
to Renton-area food banks. For more information, go to rentonwa.gov/recycleevents
• Information about preventative street maintenance, traffic impact projects, road
closures, and I-405 work happening this week can be found at
http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise
noted, streets will always remain open. Preventative street maintenance, traffic impact
projects, and road closures will be at the following locations:
Monday, May 8 through Friday, May 12, 24 hours a day. Intermittent lane closures
on Rainier Ave S between S 2nd St and Airport Way for construction work. Questions
may be directed to Joe Nerlfi, 425-757-9657.
Monday, May 8 through Friday, May 12, 8:00 am to 3:30 pm. Intermittent lane
closure on S Grady Way at Williams Ave S for construction work. Questions may be
directed to Tom Main, 206-999-1833.
AGENDA ITEM #4. a)
Valerie O’Halloran, Council President
Members of Renton City Council
Page 2 of 2
May 8, 2023
Monday, May 8 through Friday, May 12, 8:00 am to 3:30 pm. Intermittent lane
closure on NE Sunset Blvd between Edmonds Ave NE and Kirkland Ave NE for
construction work. Questions may be directed to Brad Stocco, 425-282-2373.
Monday, May 8 through Friday, May 12, 8:30 am to 3:00 pm. Intermittent lane
closure on Lincoln Ave NE at the 4100 block for utility work. Questions may be
directed to Kip Braaten, 206-503-1746.
Monday, May 8 through Friday, May 12, 8:30 am to 3:00 pm. Intermittent lane
closure on NE 12th Street and Jefferson Avenue NE for utility installation. Questions
may be directed to Brad Stocco at 425-282-2373.
Monday, May 8 through Friday, May 12, 8:30 am to 3:00 pm. Intermittent lane
closure on Williams Ave S at S Grady Way for construction work. Questions may be
directed to Tom Main, 206-999-1833.
Wednesday, May 10, 7:00 am to 4:00 pm. Asphalt repairs at 324 Lind Ave NW with
minimal road impacts expected.
Thursday, May 11, 7:00 am to 4:00 pm. Asphalt repairs at 951 Monster Road SW
with minimal road impacts expected.
FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and Harrington
Place NE in support of the Solera Development Project (LUA20-000305). Questions
may be directed to Brad Stocco, 425-282-2373.
AGENDA ITEM #4. a)
May 1, 2023 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES - City Council Regular Meeting
7:00 PM - Monday, May 1, 2023
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Valerie O'Halloran, Council President
Ed Prince, Council Position No. 5
James Alberson, Jr., Council Position No. 1
Carmen Rivera, Council Position No. 2
Ryan McIrvin, Council Position No. 4
Ruth Pérez, Council Position No. 6
Kim-Khánh Vǎn, Council Position No. 7
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
Shane Moloney, City Attorney
Jason Seth, City Clerk
Kristi Rowland, Deputy Chief Administrative Officer
Commander Dan Figaro, Police Department
Attended Remotely:
Judith Subia, Council Liaison
Chip Vincent, Economic Development Administrator
Ellen Bradley-Mak, Human Resources / Risk Management
Administrator
Kari Roller, Finance Administrator
Kelly Beymer, Parks & Recreation Administrator
Martin Pastucha, Public Works Administrator
Ron Straka, Public Works Utility Systems Director
AGENDA ITEM #6. a)
May 1, 2023 REGULAR COUNCIL MEETING MINUTES
ADMINISTRATIVE REPORT
CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent
progress towards goals and work programs adopted as part of its business plan for 2023 and
beyond. Items noted were:
• Pop-up lunches, providing lunch, hygiene kits, socks, and pet food, are scheduled for
Wednesday, May 3, 12 to 2pm, 1150 Oakesdale Ave S; Friday, May 5, 10am to 2pm,
126 S Logan Ave North; and Wednesday, May 10, 12 to 1:30pm, 300 Rainier Ave N.
• Habitat for Humanity is organizing a volunteer day on Saturday, May 6 from 8:45 am
to 4 pm at the La Fortuna project located at 17286 127th Ave SE. The event will be
held at Habitat’s in Renton and runs. Volunteers will landscape 12 new affordable
homes at the project. This event is part of Affordable Housing Week and Habitat's
Women of Impact Day, part of Women Build, an annual campaign to celebrate the
role that women play toward Habitat for Humanity's mission to build strength,
stability, and self-reliance through shelter. For more information, visit their website at
www.housingconsortium.org.
• The Renton Police Department is recruiting for Community Police Academies; each
academy can accommodate up to 30 participants.
- Senior Public Safety Academy, May 16 through June 6, 9 to 10:30am, Don Persson
Renton Senior Activity Center. To register go to rentonwa.gov/register (Course
#14995) or call 425-430-6634.
- One-Day Community Police Academy, June 15, 8:30am to 5pm, City Hall Council
Chambers, register at https://rentonwa.gov/onedaycpa
- Youth Academy, June 26 through June 28, 9am to 3pm, register at
rentonwa.gov/PDYouthAcademy
• As warm weather returns and you visit the city’s parks and trails, please remember
the following park/trail rules to help make outdoor experiences enjoyable for
everyone:
- Dogs are not allowed at Gene Coulon Memorial Beach Park and Kennydale Beach
Park. Dogs are allowed at all other city parks and trails on 6-foot leashes.
- Cedar River Dog Park is an off-leash area located next to the Cedar River Trail at
1500 Houser Way.
- Obey bicycle dismount zones and 10mph speed limits posted along the Cedar River
Trail.
- Report unwanted, suspicious or dangerous behavior to Police Non-emergency at
(425) 235-2121 or 911 in case of an emergency.
Other Park Rules and Regulations (RMC 2-9-8), Share the Trail brochure, and program
information are located at rentonwa.gov/parks.
• A new Park Ambassador program will be starting at Coulon Park and Trail Rangers will
continue to serve as “Goodwill Ambassadors” with trail education and reporting trail
activities. Find out more at rentonwa.gov/volunteer. And comments and questions
are always welcome—use Renton Responds or parksandrec@rentonwa.gov
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AGENDA ITEM #6. a)
May 1, 2023 REGULAR COUNCIL MEETING MINUTES
AUDIENCE COMMENTS
• Ricardo Garmendia, Renton, urged Council to provide streetlights and additional
police presence in the vicinity of Sierra Heights Park due to a marked increase in
criminal activity in the area. He also remarked that his personal property, including a
vehicle, had recently been stolen from that neighborhood.
• Marvin Rosete, Renton, urged Council to adopt ordinances banning the consumption
of drugs in public spaces because the state legislature failed to adopt public safety
protections during its latest session.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of April 24, 2023. Council Concur.
b) AB - 3344 Community & Economic Development Department recommended adoption of a
resolution authorizing execution of a mitigation credit purchase agreement and
acknowledgment with Seattle Soccer, LLC dba Seattle Sounders FC; and further authorizing
the sale of 0.1875 credits from the Springbrook Creek Wetland Mitigation Bank for the sum of
$247,851.56, for the proposed training facility located at 1901 Oakesdale Ave SW. Refer to
Finance Committee.
c) AB - 3322 Executive Services Department recommended approval of a resolution authorizing
Renton to commence formal and informal renewal proceedings for a cable franchise
agreement with Comcast Cable Holdings, LLC. Council Concur.
d) AB - 3343 Finance Department requested approval to adjust the utility billing account for 201
Union Ave NE, a multi-family mobile home park, in the total amount of $13,313.36 for excess
water usage caused by a qualified water line leak in accordance with Renton Municipal Code
8-4-46 and 8-5-23. Refer to Finance Committee.
e) AB - 3340 Public Works Administration recommended approval of a resolution authorizing
execution of the Re+ Pledge, a new King County waste reduction program. Refer to Utilities
Committee.
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE
THE CONSENT AGENDA, AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Transportation Committee Chair McIrvin presented a report concurring in the staff
recommendation to authorize the Mayor and City Clerk to execute Supplemental Agreement No.
17 to CAG-17-082 with Perteet in the amount of $538,957 for Construction Management
Services on the Park Avenue North Extension Project (TIP No. 20).
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
AGENDA ITEM #6. a)
May 1, 2023 REGULAR COUNCIL MEETING MINUTES
b) Transportation Committee Chair McIrvin presented a report concurring in the staff
recommendation to authorize the Mayor and City Clerk to execute a contract with DOWL, LLC in
an amount not to exceed $209,368, for professional services to design the security
improvements necessary surrounding the Renton Municipal Airport.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Utilities Committee Chair Alberson presented a report concurring in the staff recommendation
to adopt a compost procurement ordinance regarding the purchasing, use, and reporting of
compost. The Committee further recommended that this ordinance be presented for first
reading.
MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
LEGISLATION
Resolutions:
a) Resolution No. 4492: A resolution was read amending the 2023/2024 City of Renton Fee
Schedule.
MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
b) Resolution No. 4493: A resolution was read concerning the commencement of formal
renewal proceedings under the Federal Cable Communications Policy Act of 1984, as
amended.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL ADOPT THE RESOLUTION AS
READ. CARRIED.
Ordinance for first reading:
c) Ordinance No. 6111: An ordinance was read amending Title VIII of the Renton Municipal Code
by adding Chapter 9, authorizing corrections, providing for severability, and establishing an
effective date.
MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT MEETING. CARRIED.
Ordinance for second and final reading:
d) Ordinance No. 6110: An ordinance was read amending the City of Renton Fiscal Years
2023/2024 Biennial Budget as adopted by Ordinance No. 6088, by increasing the budgeted
revenues and expenditures by $82,819,219 and $205,500,724 respectively, amending the
2023 Salary Table, providing for severability, and establishing an effective date.
MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL: ALL AYES. CARRIED.
AGENDA ITEM #6. a)
May 1, 2023 REGULAR COUNCIL MEETING MINUTES
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY O'HALLORAN, COUNCIL ADJOURN. CARRIED. TIME:
7:21 P.M.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
01 May 2023
AGENDA ITEM #6. a)
Council Committee Meeting Calendar
May 1, 2023
May 8, 2023
Monday
4:45 PM Finance Committee, Chair Pérez
Location: Council Conference Room/Videoconference
1. Water Quality Grant Agreement with the State of Washington
Department of Ecology for the Burnett Ave S and Williams Ave S Water
Quality Retrofit Project
2. Interagency Agreement with the Washington Traffic Safety Commission
for the King County Distracted Driving Campaign
3. Utility Bill Leak Adjustment Request for Leisure Estates
4. Springbrook Creek Wetlands Mitigation Bank Credit Sale Agreement for
Seattle Soccer, LLC dba Seattle Sounders FC
5. Vouchers
6. Emerging Issues in Finance
6:00 PM Planning & Development Committee, Chair Prince
Location: Council Conference Room/Videoconference
1. Docket 18, Group A
D-226: Home Occupation
2. Planning Commission Bylaws
3. Emerging Issues in CED
CANCELED Committee of the Whole, Chair O’Halloran
7:00 PM Council Meeting
Location: Council Chambers/Videoconference
AGENDA ITEM #6. a)
AB - 3338
City Council Regular Meeting - 08 May 2023
SUBJECT/TITLE: Interfund Loan Status Update
RECOMMENDED ACTION: None; Information Only
DEPARTMENT: Finance Department
STAFF CONTACT: Nate Malone, Budget and Accounting Manager
EXT.: 6936
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
Council approved an interfund loan between fund 424 Golf Course Capital Improvement and 000 General Fund in 2021
through resolution 4432 for the purchase of new golf carts. The funds were transferred to fund 424 in 2022 when the
golf carts were received. Fund 424 received funds and began repayment in March 2022. Payments made through
February 2023 completed the first year of payments and remaining principal balance is $181,143.24 to be paid over the
remaining four years per the amortization schedule.
EXHIBITS:
N/A
STAFF RECOMMENDATION:
None - Information Only
AGENDA ITEM #6. b)
AB - 3347
City Council Regular Meeting - 08 May 2023
SUBJECT/TITLE: Agreement with RH2 Engineering, Inc. for Services During
Construction of the West Hill Booster Pump Station Improvements
Project, CAG-23-130
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Public Works Utility Systems Division
STAFF CONTACT: Abdoul Gafour, Water Utility Engineering Manager
EXT.: 7210
FISCAL IMPACT SUMMARY:
Funding for this agreement in the amount of $220,000 is available from the approved 2023-2024 Water Utility
Capital Improvement Program budget for the Water Pump Stations Rehabilitation Project (425.455530). There
is sufficient funding in the budget to cover this agreement. The 2023-2024 total project budget with approved
budget adjustments and carryforward is $3,249,705.
SUMMARY OF ACTION:
On April 17, 2023, City Council awarded the construction contract CAG-23-005 in the amount of $2,669,704.80
to Gary Harper Construction for the West Hill Booster Station Improvements project. A consultant contract
with RH2 Engineering, Inc. is needed for professional engineering services during the construction of the
project. The need for this contract was identified and included in the information presented to Council and
discussed with the Utilities Committee at their April 17, 2023, committee meeting fo r the award of the
construction contract.
Under this contract, RH2 Engineering, Inc. will provide professional services during the construction of the
project including but not limited to:
• Review contractor’s submittals of shop drawings, materials, equipment, and change order requests.
• Provide part time on-site construction inspection in support of the inspection of the work by city staff.
• Provide procedures for start-up and testing of the facility and observation of the functional testing.
• Develop control software and programming of the water telemetry system.
• Provide final project report to the Department of Health and record drawings.
The Water Utility selects RH2 Engineering, Inc. from MRSC Consultant Roster in accordance with city policy
250-02 to provide professional services during construction of the project. RH2 Engineering, Inc. has
familiarity, extensive knowledge and experience in the design and construction of several of the city’s pump
station improvements projects. They have also performed t he design of the project under a separate contract,
CAG-21-193.
EXHIBITS:
A. Project Location Map
B. Agreement
STAFF RECOMMENDATION:
AGENDA ITEM #6. c)
Authorize the Mayor and City Clerk to execute the agreement with RH2 Engineering, Inc. in the amount of
$220,000 for professional services during construction of the West Hill Booster Pump Station Improvements
Project.
AGENDA ITEM #6. c)
West Hill Booster Pump Station
AGENDA ITEM #6. c)
AGREEMENT FOR SERVICE DURING CONSTRUCTION OF WEST
HILL BOOSTER PUMP STATION IMPROVEMENTS PROJECT
WTR-27-04184
THIS AGREEMENT, dated for reference purposes only as ____________, is by and between the
City of Renton (the “City”), a Washington municipal corporation, and RH2 Engineerig, Inc.
(“Consultant”), a Washington Corporation. The City and the Consultant are referred to
collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement
is effective as of the last date signed by both parties.
1. Scope of Work: Consultant agrees to provide professional services as specified in Exhibit
A, which is attached and incorporated herein and may hereinafter be referred to as the
“Work.”
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit C or as otherwise mutually
agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit B. All Work shall be performed by no later
than January 31, 2025.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $220,000, plus any applicable state and local sales taxes.
Compensation shall be paid based upon Work actually performed according to the
rate(s) or amounts specified in Exhibit C. The Consultant agrees that any hourly or flat
rate charged by it for its Work shall remain locked at the negotiated rate(s) unless
otherwise agreed to in writing or provided in Exhibit C. Except as specifically provided
herein, the Consultant shall be solely responsible for payment of any taxes imposed
as a result of the performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
CAG-23-130
AGENDA ITEM #6. c)
PAGE 2 OF 10
name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant’s performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement. The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or w ithout
cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
AGENDA ITEM #6. c)
PAGE 3 OF 10
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City’s or other’s
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
AGENDA ITEM #6. c)
PAGE 4 OF 10
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
employee. The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant’s failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) 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, employees and volunteers, Consultant’s
liability shall be only to the extent of Consultant’s negligence.
AGENDA ITEM #6. c)
PAGE 5 OF 10
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant’s performance of the Work.
12. City of Renton Business License: Unless exempted by the Renton Municipal Code,
Consultant shall obtain a City of Renton Business License prior to performing any Work
and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
AGENDA ITEM #6. c)
PAGE 6 OF 10
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON
Ken Srilofung
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-7247
CONSULTANT
Chris Roberts
22722 29th Dr., Suite 210
Bothell, WA. 98021
Phone: (425) 951-5358
AGENDA ITEM #6. c)
PAGE 7 OF 10
ksrilofung@rentonwa.gov
Fax: (425) 430-7241
croberts@rh2.com
Fax: (425) 951-5401
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
AGENDA ITEM #6. c)
PAGE 8 OF 10
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as
that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management. The City’s project manager is Ken
Srilofung. In providing Work, Consultant shall coordinate with the City’s contract
manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
AGENDA ITEM #6. c)
PAGE 9 OF 10
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H. Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant’s performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
AGENDA ITEM #6. c)
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N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
By:_____________________________
CONSULTANT
By:____________________________
Armondo Pavone
Mayor
Tony V. Pardi
President
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
Shane Maloney
City Attorney
Contract Template Updated 5/21/2021
AGENDA ITEM #6. c)
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EXHIBIT A
Scope of Work
City of Renton
West Hill Booster Pump Station Improvements
Services During Construction
April 2023
Background
RH2 Engineering, Inc., (RH2) was retained by the City of Renton (City) to provide professional services
for the preliminary design, design, permitting, and bidding of the West Hill Booster Pump Station
(BPS) Improvements project. Contractor bids were recently obtained, and the City intends to award
the contract to the lowest bid. As such, the City has requested that RH2 provide a proposal for
services during construction to assist with construction contract administration. The following Scope
of Work details the approach RH2 will use to assist the City during the construction of the West Hill
BPS Improvements.
Project Assumptions
The following is a list of assumptions used in preparing this Scope of Work:
• The estimate of professional services for the construction phase of the project assumes that a
generally qualified and competent contractor is retained through the bidding process. If this
level of support is not sufficient due to an extended construction schedule, unanticipated
construction issues, or the quality of the contractor or subcontractor work, additional support
may be necessary from RH2. If warranted, the City and RH2 will mutually determine the
additional support required and an amendment will be prepared.
• RH2 is not responsible for site safety, for determining means and methods, or for directing the
contractor in their work.
• RH2 will perform the services described up to the amounts included in the attached Fee
Estimate. If additional effort is needed, that extra work will be mutually determined by the
City and RH2.
• The Construction Contract for this project has identified a 400-working day timeline, including
a procurement lead time for the diesel generator and other construction equipment and
materials, from the contractor's commencement date for completion. The contractor has
indicated that it will accomplish most of the submittal process and procure all long lead items
prior to commencing with physical on-site construction, expected during the second half of
2024. As such, RH2’s services will coincide with the contractor’s schedule and will occur
between mid-2023 and early 2025.
AGENDA ITEM #6. c)
City of Renton Exhibit A
West Hill Booster Pump Station Improvements Services During Construction Scope of Work
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Task 1 – West Hill BPS Improvements Services During Construction
Task 1.1 – Pre-Construction Conference
Objective: Prepare for and attend a pre-construction conference, which will include the contractor,
City, Fire Department, Airport, and other utilities. Prepare involved agencies for construction.
Approach:
1.1.1 Prepare Pre-Construction Agenda and Meeting Notice: Email agenda and notices to the
contractor, City, Fire Department, Airport, and utilities.
1.1.2 Prepare Construction Documents: Prepare and deliver two (2) sets of 24-inch by 36-inch color
plans, five (5) sets of 11-inch by 17-inch color plans, and five (5) sets of specifications to the
contractor, one (1) set of 24-inch by 36-inch color plans to the City, and four (4) sets of 11-inch
by 17-inch color plans and four (4) sets of specifications for RH2 and City staff.
1.1.3 Attend Pre-Construction Conference: Attend the pre-construction conference and introduce
the project team members from the contractor, City, RH2, Fire Department, Airport, and
utilities. Important sections of the construction contract and contract requirements will be
discussed to confirm they have been brought to the contractor’s attention. Any documents
required of the contractor will be submitted at the conference for review and comments.
Prepare and distribute meeting minutes.
Provided by City:
• Conference room and attendance at the pre-construction conference.
RH2 Deliverables:
• Pre-construction conference agenda and meeting notice emailed to attendee list.
• Hard copies of construction documents to the contractor and City as outlined in subtask 1.1.2.
• Attendance at pre-construction conference and meeting minutes in PDF format.
Task 1.2 – Document Review and Construction Phase Coordination
Objective: Review documentation associated with construction, including shop drawings, submittals,
requests for information (RFIs), and change orders. Provide coordination with the City on costs,
construction phasing, and constructability issues.
Approach:
1.2.1 Review Shop Drawings and Submittals: Review shop drawings and submittals of those items
requested in the Technical Specifications. Provide a written response to the contractor and
the City accepting or rejecting each shop drawing and submittal reviewed.
1.2.2 Review RFIs and Change Order Proposals: Review contractor RFIs and change order proposals
and provide written responses and clarifications to the City including plan modifications when
necessary.
AGENDA ITEM #6. c)
City of Renton Exhibit A
West Hill Booster Pump Station Improvements Services During Construction Scope of Work
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1.2.3 Provide Construction Coordination: Coordinate with the City on construction costs,
scheduling, and constructability issues.
Assumptions:
• Services defined in this Task are variable in nature and depend in part on the contractor and
competent material suppliers. RH2’s estimated level of effort is based upon an experienced
and reasonable contractor providing complete documentation in accordance with the project
requirements.
RH2 Deliverables:
• Written responses for shop drawings and submittals, RFIs, and change orders in PDF format.
Task 1.3 – On-Site Construction Observation
Objective: Observe construction activities onsite and attend regularly occurring construction
progress meetings to monitor the quality and compliance of the work with the construction contract
plans and specifications to the extent possible b y the level of observation. Alert the City where
deficiencies in the quality of the construction and non-compliance with the construction contract
documents are observed. Review contractor pay requests and prepare progress reports and contract
time remaining statements, including weekly statements of working days.
Approach:
1.3.1 Attend Construction Progress Meetings: Provide a minimum of one (1) RH2 representative
every two (2) weeks at construction progress meetings. Construction progress meetings are
estimated to be one (1) hour in length. Prepare meeting minutes for distribution to the
attendees.
1.3.2 Provide Construction Observation and Records: Provide part-time construction observation
services, including special inspections, as necessary, by a testing firm retained by RH2. The
intent of the on-site observation is to observe the quality and compliance of the work with
the construction contract plans and specifications. The Fee Estimate reflects a total of five
(5) hours per week of on-site observations by an RH2 representative for the duration of the
construction period (assumed to be forty (40) weeks). Notify the contractor and the City of
any work that has been observed to not have been completed in accordance wit h the plans
and specifications and discuss rectification. Review pay requests from the contractor and
forward approved pay requests to the City for processing. Prepare progress reports, including
contract time remaining statements and weekly statements of working days. Prepare
construction observation reports for each time an RH2 representative is onsite.
Provided by City:
• Attendance at the construction progress meetings.
• Processing of pay requests.
AGENDA ITEM #6. c)
City of Renton Exhibit A
West Hill Booster Pump Station Improvements Services During Construction Scope of Work
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RH2 Deliverables:
• Attendance at and meeting minutes for construction progress meetings in PDF format.
• Part-time on-site construction observation and special inspections.
• Written responses to pay requests in PDF format.
• Progress reports and contract time remaining statements, including weekly statements of
working days, in PDF format.
• Construction observation reports in PDF format.
Task 1.4 – Startup and Testing Observation
Objective: Observe the testing of systems, including the back-up generator, motor control center
(MCC), variable frequency drives, automatic control system, and pumps, and observe the overall
startup of the West Hill BPS. Prepare the project acceptance letter to the City and the Construction
Completion Report (CCR) to the Washington State Department of Health (DOH).
Approach:
1.4.1 Review Testing Procedures and Coordination: Coordinate with the contractor, the City, and
the qualified manufacturer’s representative for the scheduled testing and startup activities.
This will include the review and supplementation of the testing protocols developed by the
contractor and manufacturer’s representative, and confirmation of the tests and appropriate
corrections.
1.4.2 Attend Control System Factory Testing: Attend factory testing at the control system
integrator’s shop to confirm that the control systems are functional prior to startup. Notify
the contractor and the City of any work that has not been completed and discuss rectification.
1.4.3 Observe Startup and Testing: Document the pertinent activities and coordinate with the
contractor during startup to ensure that systems comply with the plans and specifications.
Notify the contractor and the City of any work that has not been completed and discuss
rectification.
1.4.4 Provide Project Closeout: Perform a final project walkthrough in conjunction with City staff
and prepare a letter of recommendation for project acceptance. Complete the DOH CCR for
the portion observed by RH2 staff
Provided by City:
• Final completion and closeout of the contract with the general contractor.
RH2 Deliverables:
• Attendance at control system factory testing and startup.
• Attendance at final walkthrough and letter of recommendation for project acceptance in PDF
format.
• DOH Construction Completion Report in PDF format.
AGENDA ITEM #6. c)
City of Renton Exhibit A
West Hill Booster Pump Station Improvements Services During Construction Scope of Work
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Task 1.5 – Project Report and Record Drawings
Objective: Prepare a project report for DOH approval and coordinate with the contractor and City to
develop a set of record drawings.
Approach:
1.5.1 Prepare a Project Report: Develop a project report to meet DOH Water System Design Manual
and Washington Administrative Code (WAC) requirements. Document the project
background and objectives, BPS sizing, and BPS design criteria. Submit the draft Project
Report detailing the analysis, results, and recommendations to the City for review. Prepare
DOH Project Approval Form, letter of introduction, and Project Report for submittal to DOH
on behalf of the City.
1.5.2 Coordinate with Contractor and City: Coordinate with the contractor and City in obtaining
field records. Review the contractor-provided Operations and Maintenance (O&M) Manuals.
1.5.3 Prepare Record Drawings: Provide record drawings representative of the as-constructed
project. Record drawings will be completed based upon contractor, RH2, and City inspector
red-lined markups to conformed drawings. Record drawings will be completed per City
Standards. Provide electronic copies of record drawings to the City.
Provided by City:
• Review and comment on the draft Project Report and coordinate w ith DOH, as needed for
Project Approval.
RH2 Deliverables:
• DOH Project Approval Form, letter of introduction, and Project Report in PDF format.
• Written responses to contractor-provided O&M Manuals in PDF format.
• Construction record drawings in AutoCAD DWG and PDF formats.
Task 2 – Project Management
Objective: Manage RH2’s project team and maintain frequent client communications. Provide
monthly invoices and budget status summaries.
Approach:
Provide Project Oversight: Provide direction, coordination, and oversight to the RH2 project
team.
Retain Information: Document and retain information generated during the execution of the
project.
Prepare Monthly Invoices: Prepare monthly invoices and budget status summaries, including a
summary of tasks completed during the invoice period and a budget spending curve .
AGENDA ITEM #6. c)
City of Renton Exhibit A
West Hill Booster Pump Station Improvements Services During Construction Scope of Work
6
4/18/2023 9:04:34 AM Z:\PROJECTS\DATA\REN\23-0075\00 CONTRACT\PSA_EXH A_SOW_WEST HILL BPS IMPROVEMENTS_SDC_V2.DOCX
RH2 Deliverables:
• Monthly budget status summaries and invoices in PDF format.
Task 3 – Control Software Development, Startup, and Testing
Objective: Provide control software development services for the proposed Operator Interface (OI)
and Programmable Logic Controller (PLC) equipment at the West Hill BPS. Update the City’s Human
Machine Interface (HMI) computer software. Attend field testing, startup, and commissioning
services.
Approach:
Develop SCADA Control Strategy: Develop a control strategy that will be used to develop the
PLC and Supervisory Control and Data Acquisition (SCADA) programming.
Develop PLC Software: Provide PLC software development, as required, for monitoring and
controlling the equipment at the BPS.
Develop OI Software: Provide OI software development for the BPS.
Develop HMI Software: Provide HMI software updates at the City’s SCADA computer system
located at the City shops.
Attend Control Panel Factory Testing: Attend control panel and MCC factory testing at the
control system integrator’s panel shop. Witness hardware testing of the control panels by the
control system integrator. Load PLC and OI software onto the proposed PLC and OI and test
software functionality.
Attend Field Testing, Startup, and Commissioning: Attend field tests for PLC, OI, and
communications equipment for end-to-end data transmission integrity and accuracy. Attend
field tests for OI screens for connectivity, detail, and accuracy of information displayed. Attend
field tests for SCADA alarm, navigation, and intrusion security configurations and functions.
Attend startup and commissioning. Develop associated reporting.
Develop SCADA System O&M Material: Provide SCADA system O&M manuals for the PLC, OI,
and updated HMI software.
Provide SCADA System Training: Provide up to two (2) 4-hour sessions of on-site training on
manual, programming, communications, and software operation aspects of the system utilizing
the O&M manual as a training aid.
Assumptions:
• Software development, data points, and graphical displays will be defined and approved by
RH2 and the City.
• Pump control will be defined and approved by RH2 and the City.
• RH2’s Fee Estimate (Exhibit B) for Task 3 assumes a certain level of cooperation and timeliness
from the contractor and any third parties required for testing. If additional hours are needed
AGENDA ITEM #6. c)
City of Renton Exhibit A
West Hill Booster Pump Station Improvements Services During Construction Scope of Work
7
4/18/2023 9:04:34 AM Z:\PROJECTS\DATA\REN\23-0075\00 CONTRACT\PSA_EXH A_SOW_WEST HILL BPS IMPROVEMENTS_SDC_V2.DOCX
to accomplish Task 3 due to events beyond RH2’s control, RH2 will notify the City in advance
of such additional hours needed, and a contract modification shall be mutually negotiated.
• RH2 will provide eight (8) hours of training to City staff. If the City requires assistance above
and beyond the fee amount associated for subtask 3.8, the City and RH2 will mutually agree
upon an additional fee amount for continued training.
RH2 Deliverables:
• SCADA Control strategy developed during subtask 3.1.
• PLC software and OI screen designs developed in subtasks 3.2 and 3.3.
• HMI computer screen updates developed in subtask 3.4.
• Attendance at control panel and factory testing.
• Final startup and commissioning reports completed during subtask 3.6.
• One (1) electronic copy of PLC, OI, and HMI software.
• On-site SCADA system training.
• One (1) electronic copy of the following items:
o Project spreadsheet file that includes information about the software configuration,
addressing, data point names, alarms, control loops, and descriptions.
o O&M material for SCADA system software.
AGENDA ITEM #6. c)
3/24/2023 8:59:00 AM J:\Data\REN\S40\2023 West Hill Booster Pump Station Improvements - SDC\PSA_EXH B_Schedule_West Hill BPS Improvements_SDC.docx
Exhibit B: Time Schedule of Completion
City of Renton
West Hill Booster Pump Station Improvements
Services During Construction
ANTICIPATED NOTICE TO PROCEED DATE: April 1, 2023
Task
Anticipated
Completion
Task 1 – West Hill BPS Services During Construction January 31, 2025
Task 2 – Project Management January 31, 2025
Task 3 – Control Software Development, Startup, and Testing January 31, 2025
ANTICIPATED CONTRACT COMPLETION DATE: January 31, 2025
AGENDA ITEM #6. c)
Subconsultant:
RH2 ENGINEERING, INC
Overhead
Multiplier
Fee Multiplier
195.10%12.00%
Professional I $ 48.71 $ 95.04 $ 17.25 $ 161.00
Professional II $ 53.86 $ 105.07 $ 19.07 $ 178.00
Professional III $ 59.91 $ 116.88 $ 21.21 $ 198.00
Professional IV $ 65.66 $ 128.09 $ 23.25 $ 217.00
Professional V $ 70.50 $ 137.54 $ 24.96 $ 233.00
Professional VI $ 74.73 $ 145.80 $ 26.46 $ 247.00
Professional VII $ 80.18 $ 156.43 $ 28.39 $ 265.00
Professional VIII $ 84.11 $ 164.10 $ 29.79 $ 278.00
Professional IX $ 84.11 $ 164.10 $ 29.79 $ 278.00
Technician I $ 38.12 $ 74.38 $ 13.50 $ 126.00
Technician II $ 41.45 $ 80.87 $ 14.68 $ 137.00
Technician III $ 46.59 $ 90.91 $ 16.50 $ 154.00
Technician IV $ 51.13 $ 99.76 $ 18.11 $ 169.00
Technician V $ 55.67 $ 108.61 $ 19.71 $ 184.00
Technician VI $ 61.42 $ 119.83 $ 21.75 $ 203.00
Technician VII $ 66.56 $ 129.87 $ 23.57 $ 220.00
Technician VIII $ 69.89 $ 136.36 $ 24.75 $ 231.00
Administrative I $ 25.42 $ 49.58 $ 9.00 $ 84.00
Administrative II $ 29.65 $ 57.85 $ 10.50 $ 98.00
Administrative III $ 35.40 $ 69.06 $ 12.54 $ 117.00
Administrative IV $ 41.45 $ 80.87 $ 14.68 $ 137.00
Administrative V $ 47.80 $ 93.27 $ 16.93 $ 158.00
In-House Copies B/W - 8.5x11 $ 0.09
In-House Copies B/W - 8.5x14 $ 0.14
In-House Copies B/W - 11x17 $ 0.20
In-House Copies Color - 8.5x11 $ 0.90
In-House Copies Color - 8.5x14 $ 1.20
In-House Copies Color - 11x17 $ 2.00
CAD Plots Large $ 25.00
CAD Plots Full $ 10.00
CAD Plots Half $ 2.50
CAD/GIS System Per Hour $ 27.50
Mileage Current IRS Rate
Subconsultants will be billed at cost plus 15%
Outside Services At Cost
Outside direct costs for permit fees,reports,maps,data,reprographics,couriers,postage,and non-
mileage related travel expenses that are necessary for the execution of the project and are not
specifically identified elsewhere in the contract will be billed at cost.
Exhibit C-1
Consultant Fee Determination - Summary Sheet
(Negotiated Hourly Rates of Pay)
Fee Schedule
Staff Classification
Negotiated Rate
Per Hour
Negotiated Hourly
Rate
Rates listed are adjusted annually.
AGENDA ITEM #6. c)
August 16, 2021
RH2 Engineering, Inc.
22722 29th Drive SE, Suite 210
Bothell, WA 98021
Subject: Acceptance FYE 2020 ICR Audit Office Review
Dear Myra Sachs:
20 Indirect Cost Rate (ICR) of 195.10% of direct labor. This rate will be
applicable for WSDOT Agreements and Local Agency Contracts in Washington only.
This rate may be subject to additional review if considered necessary by WSDOT. Your
ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates@wsdot.wa.gov.
Regards;
ERIK K. JONSON
Contract Services Manager
EKJ:mya
AGENDA ITEM #6. c)
EXHIBIT C-2
Fee Estimate
City of Renton
West Hill Booster Pump Station Improvements
Services During Construction
Apr-23
Description Principal Project Manager Project Manager
Project Engineer
Electrical
Project Engineer
Structural Project Engineer Civil Staff Engineer
Electrical Staff Engineer Civil Staff Engineer
Structural Geotechnical Senior Control
Systems Engineer
Senior Control
Systems Engineer Project Accounting Administrative
Support
Total
Hours Total Labor Sub Cost Sub Cost Total Subconsultant Total Expense Total Cost
Task 1 - West Hill BPS Improvements Services During Construction
Task 1.1 Pre-Construction Conference -10 10 ---2 2 -----4 28 6,430$ -$ -$ -$ 1,483$ 7,913$
1.1.1 Prepare Agenda and Meeting Notice -4 4 --------2 10 2,364$ -$ -$ -$ 2,364$
1.1.2 Prepare Construction Documents ------2 2 ----2 6 994$ -$ 1,450$ 2,444$
1.1.3 Attend Pre-Construction Conference -6 6 ----------12 3,072$ -$ 33$ 3,105$
Task 1.2 Document Review and Construction Phase Coordination -20 28 32 16 -28 20 16 8 ---6 174 37,664$ -$ -$ -$ 325$ 37,989$
1.2.1 Review Shop Drawings and Submittals -8 8 12 8 -24 16 12 4 --4 96 19,312$ -$ 297$ 19,609$
1.2.2 Review RFIs and Change Orders -8 16 16 8 -4 4 4 4 --2 66 15,316$ -$ 28$ 15,344$
1.2.3 Provide Construction Coordination -4 4 4 ---------12 3,036$ -$ -$ 3,036$
Task 1.3 On-Site Construction Observation -28 54 54 --60 60 20 4 ---8 288 60,032$ 5,000$ -$ 5,750$ 2,214$ 67,996$
1.3.1 Attend Construction Progress Meetings -20 30 30 --------8 88 21,384$ -$ 655$ 22,039$
1.3.2 Provide Construction Observation and Records -8 24 24 --60 60 20 4 ---200 38,648$ 5,000$ 5,750$ 1,559$ 45,957$
Task 1.4 Startup and Testing Observation -18 34 24 --32 ------2 110 24,564$ -$ -$ -$ 436$ 25,000$
1.4.1 Review Testing Procedures and Coordination -4 6 6 ---------16 4,024$ -$ -$ 4,024$
1.4.2 Attend Control System Factory Testing -2 -4 --12 ------18 3,450$ -$ 60$ 3,510$
1.4.3 Observe Startup and Testing -10 20 10 --20 ------60 13,280$ -$ 199$ 13,479$
1.4.4 Provide Project Closeout -2 8 4 --------2 16 3,810$ -$ 177$ 3,987$
Task 1.5 Project Report and Record Drawings 2 -8 6 2 20 16 12 8 ----4 78 15,772$ -$ -$ -$ 367$ 16,139$
1.5.1 Prepare Project Report 2 -4 2 -20 4 -4 ---4 40 8,618$ -$ 285$ 8,903$
1.5.2 Coordinate with Contractor and City --2 2 --4 4 -----12 2,344$ -$ 28$ 2,372$
1.5.3 Prepare Record Drawings --2 2 2 -8 8 4 ----26 4,810$ -$ 55$ 4,865$
Task 2.0 Project Management -4 32 ---------6 14 56 12,124$ -$ -$ -$ -$ 12,124$
2.1 Provide Project Oversight -4 20 ----------24 6,000$ -$ -$ 6,000$
2.2 Retain Information --2 ---------8 10 1,758$ -$ -$ 1,758$
2.3 Prepare Monthly Invoices --10 ---------6 6 22 4,366$ -$ -$ 4,366$
Task 3.0 Control Software Development, Startup, and Testing -12 --------42 100 --154 37,610$ -$ -$ -$ 230$ 37,840$
3.1 Develop SCADA Control Strategy -4 --------2 4 -10 2,522$ -$ 36$ 2,558$
3.2 Develop PLC Software -----------30 -30 6,990$ -$ -$ 6,990$
3.3 Develop OI Software -----------16 -16 3,728$ -$ -$ 3,728$
3.4 Develop HMI Software ----------24 --24 6,360$ -$ -$ 6,360$
3.5 Attend Control Panel Factory Testing -----------12 -12 2,796$ -$ 33$ 2,829$
3.6 Attend Field Testing, Startup, and Commissioning -8 --------16 24 -48 11,952$ -$ 98$ 12,050$
3.7 Update SCADA System O&M Material -----------6 -6 1,398$ -$ 30$ 1,428$
3.8 Provide SCADA System Training -----------8 -8 1,864$ -$ 33$ 1,897$
2024 Rate Adjustment Reserve ----------------$ -$ -$ -$ 15,000$ 15,000$
PROJECT TOTAL 2 92 166 116 18 20 138 94 44 12 42 100 6 38 888 194,196$ 5,000$ -$ 5,750$ 20,054$ 220,000$
Z:\Projects\Data\REN\23-0075\00 Contract\PSA_EXH C-2_FEE_West Hill BPS Improvements_SDC_v2.xlsx 4/18/2023 9:06 AM AGENDA ITEM #6. c)
AB - 3348
City Council Regular Meeting - 08 May 2023
SUBJECT/TITLE: Agreement with GeoEngineers, Inc. for the Panther Creek at Talbot
Road S Culvert Replacement Project (CAG-23-143)
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Public Works Utility Systems Division
STAFF CONTACT: Jared McDonald, Surface Water Engineer III
EXT.: 7293
FISCAL IMPACT SUMMARY:
The total cost of the Agreement with GeoEngineers, Inc. for phase 1 of design is $576,746. The total budget for
the project that will fund phase 1 of this agreement is $698,650, The project is partially funded by a $250,000
Flood Reduction grant and a $199,696 Subregional Opportunity Fund grant from the King County Flood
Control District. There is sufficient funding in the budget to cover the agreement cost.
SUMMARY OF ACTION:
Talbot Road S is a major arterial roadway that serves as an access point to Valley Medical Center, as an access
route to SW 43rd St for residential areas that include the Winsper and Victoria Park neighborhoods. Panther
Creek is conveyed across Talbot Road S in a 42-inch corrugated metal pipe (CMP). The outfall of this pipe is
located approximately 7.5 feet above the creek creating an impassable fish barrier. Additionally, CCTV
inspection revealed that the bottom of the pipe has eroded and that there are h oles in several locations. The
pipe had been previously lined by King County prior to the area being annexed and the lining has also failed
creating risk of undermining and collapse of the roadway.
This project will replace a deteriorated 42 -inch corrugated metal stormwater pipe under Talbot Road S with a
fish passable culvert, bridge, or other structure that is selected in the design phase. In addition to restoring
fish passage, an improved culvert will reduce flood risk resulting from possible pipe coll apse and debris
accumulation at the culvert inlet.
The city advertised a Request for Proposals to qualified consultants on the city’s MRSC Roster to provide
engineering services for design and construction support in January 2023. After review and scori ng of the
Statement of Qualifications and Proposals received, and interviews with three of the highest -scoring firms, the
city’s selection team determined GeoEngineers, Inc. to be the consultant for the Project in February 2023
based on their experience and technical expertise on similar projects.
GeoEngineers, Inc has been selected to provide design consulting services for the entire design and
construction management of the project. It was determined that the design of this project will be conducted
in two phases because the alternatives analysis will dictate the direction of the design and the subsequent
level of effort required by the consultant. This professional services agreement is for design of Phase 1 of the
project. Phase 2 design and construction management services will be addressed in a separate agreement. The
proposed scope of work by GeoEngineers, Inc. for Phase 1 of the project includes data gathering, surveying,
design alternatives analyses, 30% design, preliminary regulatory agency coordination and submittal of permit
applications for the project, and limited grant support.
AGENDA ITEM #6. d)
EXHIBITS:
A. Vicinity Map
B. Site Map
C. Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the agreement with GeoEngineers, Inc. in th e amount of
$576,746 forthe Panther Creek at Talbot Rd S Culvert Replacement Project design services.
AGENDA ITEM #6. d)
Scale: NTS
Project Area
SR 167
Interstate 405
Valley Medical
Center
Talbot Rd S
SW 43rd St
S Carr Rd
ATTACHMENT A AGENDA ITEM #6. d)
1,200
100
WGS_1984_Web_Mercator_Auxiliary_Sphere
City of Renton Print map Template
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Notes
Legend
68 0 34 68 Feet
01/15/2020
City and County Labels
City and County Boundary
Addresses
Parcels
Environment Designations
Natural
Shoreline High Intensity
Shoreline Isolated High Intensity
Shoreline Residential
Urban Conservancy
Jurisdictions
Streams (Classified)
<all other values>
Type S Shoreline
Type F Fish
Type Np Non-Fish
Type Ns Non-Fish Seasonal
Unclassified
Not Visited
Wetlands
Network Structures
Access Riser
Inlet
Manhole
Utility Vault
Clean Out
Unknown
Control Structures
Pump Stations
Discharge Points
Water Quality
Detention Facilities
Pond
Tank
Vault
Bioswale
Wetland
Other
Stormwater Mains
Culverts
Open Drains
Virtual Drainlines
Facility Outlines
Private Network Structures
Talbot Road S / Panther Creek Crossing
S30 T23N R5E
ATTACHMENT B
AGENDA ITEM #6. d)
AGREEMENT FOR DESIGN SERVICES FOR THE PANTHER CREEK
AT TALBOT ROAD S CULVERT REPLACEMENT PROJECT
SWP 27-4232
THIS AGREEMENT, dated for reference purposes only as April 20, 2023, is by and between the
City of Renton (the “City”), a Washington municipal corporation, and GeoEngineers, Inc
(“Consultant”), a Washington Corporation. The City and the Consultant are referred to
collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement
is effective as of the last date signed by both parties.
1. Scope of Work: Consultant agrees to provide consulting and design services as specified
in Exhibit A - C, which is attached and incorporated herein and may hereinafter be
referred to as the “Work.”
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit B-1 or as otherwise
mutually agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit C. All Work shall be performed by no later
than June 30, 2024.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $576,746.00, plus any applicable state and local sales
taxes. Compensation shall be paid as a flat rate fixed sum based upon Work actually
performed according to the rate(s) or amounts specified in Exhibit B-1. The Consultant
agrees that any hourly or flat rate charged by it for its Work shall remain locked at the
negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B-1.
Except as specifically provided herein, the Consultant shall be solely responsible for
payment of any taxes imposed as a result of the performance and payment of this
Agreement.
AGENDA ITEM #6. d)
PAGE 2 OF 10
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant’s performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement. The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
AGENDA ITEM #6. d)
PAGE 3 OF 10
6. Warranties And Right To Use Work Product: Consultant represents that Consultant will
perform all Work identified in this Agreement in a professional manner in accordance
with the professional standard of care and applicable laws. Compliance with professional
standards includes, as applicable, performing the Work in compliance with applicable City
standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and
Municipal Construction). Professional engineers shall sign and, as applicable, stamp
engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW
18.43.070. Consultant further represents and warrants that all final work product created
for and delivered to the City pursuant to this Agreement shall be the original work of the
Consultant and free from any intellectual property encumbrance which would restrict the
City from using the work product. Consultant grants to the City a non-exclusive, perpetual
right and license to use, reproduce, distribute, adapt, modify, and display all final work
product produced pursuant to this Agreement. The City’s or other’s adaptation,
modification or use of the final work products other than for the purposes of this
Agreement shall be without liability to the Consultant. The provisions of this section shall
survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
AGENDA ITEM #6. d)
PAGE 4 OF 10
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
employee. The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant’s failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City’s sole negligence.
For claims arising or alleged to arise from Consultant's professional negligence only,
Consultant's duty to indemnify under this paragraph shall be limited to the extent caused
by or resulting from Consultant's negligence. Further, Consultant's defense obligation for
under this indemnity paragraph shall include on the reimbursement of reasonable
defense costs to the extent caused by Consultant's actual negligence.
AGENDA ITEM #6. d)
PAGE 5 OF 10
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) then, in the event of liability for damages arising out the services provided or 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, employees and
volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant’s performance of the Work.
12. City of Renton Business License: Unless exempted by the Renton Municipal Code,
Consultant shall obtain a City of Renton Business License prior to performing any Work
and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 perclaim.
AGENDA ITEM #6. d)
PAGE 6 OF 10
"Professional Services", for the purpose of this section, shall mean any Work provided
by a licensed professional or Work that requires a professional standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, claims, duties or interests accruing from this Agreement without
the written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
AGENDA ITEM #6. d)
PAGE 7 OF 10
CITY OF RENTON
Jared McDonald, PE
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-7293
jmcdonald@rentonwa.gov
Fax: (425) 430-7241
CONSULTANT
Joe Callaghan, PWS, CESCL
17425 NE Union Hill RD – Suite 250
Redmond, WA 98052
Phone: (253) 383-4940
jcallaghan@geoengineers.com
Fax: N/A
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
AGENDA ITEM #6. d)
PAGE 8 OF 10
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as
that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management. The City’s project manager is Jared
McDonald, Surface Water Utility Engineer. In providing Work, Consultant shall
coordinate with the City’s contract manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
AGENDA ITEM #6. d)
PAGE 9 OF 10
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H. Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant’s performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
AGENDA ITEM #6. d)
PAGE 10 OF 10
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
By:_____________________________
CONSULTANT
By:____________________________
Armondo Pavone
Mayor
Joe Callaghan
Principal
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
Shane Moloney
Renton City Attorney
Contract Template Updated 5/21/2021
AGENDA ITEM #6. d)
EXHIBIT A
Scope of Services
City of Renton
Panther Creek at Talbot Road Culvert Replacement Project (27-4232)
Design and Permitting Services
Phase 1: Data Gathering, Design Alternatives Analysis, 30% Design, and Permit Submittal
April 12, 2023
PROJECT UNDERSTANDING
The goals of the Panther Creek at Talbot Road Culvert Replacement Project (Project) are to: (1) replace the
current undersized and failing pipe culvert with a fish passage structure; (2) minimize impacts to the
travelling public and utility services; and (3) address potential upstream and downstream flooding, water
quality, stream geomorphic processes, and habitat enhancements, as appropriate. The scope of services
for Phase 1 of the Project addresses: data gathering; design alternatives analyses; 30% design; preliminary
regulatory agency coordination and submittal of permit applications for the project; and limited grant
funding support. The following are excluded from Phase 1 and can be provided through contract
amendment at a future date: 60%, 90% and 100% design submittals; utility coordination; public outreach
and coordination; regulatory agency coordination after permit submittal; bidding support; and construction
support.
PROJECT PHASING
This project will be completed in three phases as follows:
■ Phase 1 – Data Gathering, 30% Design, and Permit Submittal
Data Gathering
Design Alternatives Analysis & Selection
30% Design
Environmental Permitting
■ Phase 2 – Final Design
60%, 90% and 100% Design
Utility Coordination
Public Outreach and Coordination Support
Regulatory Agency Coordination
Bidding Support
■ Phase 3 – Construction Support
RFIs and Submittal Review/Responses
Change Order Support
Design Revisions During Construction
AGENDA ITEM #6. d)
Construction Observation
Record Drawings
This Scope of Services specifically addresses only Phase 1 of the Project. The consultant team can provide
services in support of Phases 2 and 3 as part of a future contract amendment.
PROJECT SCHEDULE
The anticipated project schedule for Phase 1 is provided in Exhibit C and outlined roughly below:
■ May 2023: Notice to Proceed
■ May 2023: Baseline Assessments/Data Gathering
■ June through August 2023: Design Alternatives Analysis & Selection
■ August through October 2023: 30% Design
■ November 2023: Permit Application Submittal
Based on this schedule, we anticipate design could be completed in early to mid-2024, permits obtained
by late 2024, released for bids in early 2025, and constructed during the 2025 in-water work window
(August 1-August 31), pending funding availability.
SUBCONSULTANT SERVICES
The following subconsultants will be subcontracted by GeoEngineers to support the project, with technical
specialty services as follows:
■ KPFF – Professional Land Survey (PLS); stormwater, utility and roadway engineering; structural
engineering; construction management
■ Cultural Resources Consultants (CRC) – cultural resources survey
DETAILED SCOPE OF SERVICES
Task 1.0 – Project Management
This task includes services necessary to plan, perform and manage the various element of the Project to
fulfill the objectives of the project as outlined in this scope, meet schedule commitments, and coordinate
among the disciplines involved in the study, as well as limited coordination with tribes and regulatory
agencies, and limited funding support as requested by the City.
Subtask 1.1 – General Management, Administration and Coordination
The Consultant Contract Manager and Project Manager will provide overall direction and coordination of
activities with the City and amongst the Consultant team, as well as general administration and accounting
functions. This will specifically include:
AGENDA ITEM #6. d)
■ Interdisciplinary communication
■ Manage and direct subconsultant work
■ Compile subconsultant and prime consultant engineering plans and cost estimates as single,
consolidated deliverable packages, and act as primary point of contact between City of Renton and
consultant team
■ Budget tracking and schedule management
■ Preparation of monthly invoices and accompanying invoice progress reports
■ Administrative and accounting department assistance
Subtask 1.2 – Meetings
The Consultant team will participate in regular coordination meetings with the City as well as internal
interdisciplinary design coordination meetings.
Subtask 1.3 – Agency and Tribe Coordination
■ Support the City in providing initial contact with interested tribes and relevant regulatory agencies,
including developing a project summary and overview graphics.
■ Participate in one on-site meeting with regulatory agencies and interested tribes during the design
alternatives phase to review baseline conditions, bankfull width estimates and solicit feedback or
concerns expressed by each agency/tribal representative.
■ Participate in a second teleconference meeting with regulatory agencies and interested tribes after
30% design completion to update how concerns expressed during the first meeting have been
addressed through project design and to achieve consensus on the project.
Subtask 1.4 – Funding Support
■ Limited support/assistance to the City identifying potential funding support
■ Limited support/assistance to the City with competitive funding applications
Assumptions
■ Duration of Phase 1 is estimated to be approximately 7 months.
■ The following meetings are anticipated:
Design alternatives criteria and selection process (2 meetings with the City)
On-site meeting with WDFW and Muckleshoot Indian Tribe (MIT) (1 meeting)
Monthly check-in meetings are planned between the City PM, Consultant PM and selected
members of the design and environmental permitting team (7 meetings total).
Interdisciplinary design team meetings will be held regularly during the alternative selection
and design phase (8 meetings total).
■ Invoices and progress reports will be submitted monthly for the duration of this phase.
AGENDA ITEM #6. d)
Deliverables
■ Project schedule updates, as needed
■ Monthly invoice memoranda with progress report
■ Meeting minutes from City coordination meetings and agency/tribe coordination
■ Funding narrative contributions, as requested
Task 2.0 – Survey & Mapping
This task will be performed by KPFF.
Subtask 2.1 - Topographic /Boundary Survey
■ Research records pertaining to boundary and utilities within the project area.
■ Establish site control constrained to City of Renton Survey Monuments.
■ Coordinate utility locates for the site.
■ Survey Talbot Rd and embankment near the culvert crossing. Roadway survey will extend 100 feet
south of the site and to the north side of the intersection of S. 38th Ct. The survey will also include
the existing project culvert and existing channel extending approximately 150 ft upstream and 150
ft downstream of the project culvert, including survey of storm drain outlets and manholes within
150 ft of the project culvert.
■ Locate Ordinary high-water mark (OHWM) and wetland (if any) flagging placed by GeoEngineers
within 150 feet of the project culvert.
Subtask 2.2 - Utility Locates
■ Perform utility locates on conductible underground utilities within the project area.
Subtask 2.3 – Utility Potholes
Utility potholes will be performed by Applied Professional Services (APS) under subcontract. KPFF will lead
and direct this work, including:
■ Acquire City of Renton over-the-counter permits as necessary.
■ Coordinate traffic control for utility potholing.
■ Subcontract performance of up to 10 utility potholes at locations determined by the design team.
■ Provide type, size, and depth of utility at each location.
■ Backfill pothole locations and patch location to City standards.
■ Utility pothole locations and information will be gathered in the field by KPFF and added to the
survey basemap.
Survey Assumptions
■ City Staff to provide assistance with over-the-counter permit acquisition.
AGENDA ITEM #6. d)
■ If landowners deny access to any part of the assessment area, that area will be observed “over-
the-fence” but otherwise omitted from the field review. To the extent feasible, professional best
judgement will be used to fill in data gaps that result from property access denials.
■ Survey crews, where required, will request private parcel access from property owners when on
site. Project survey will take place primarily within existing road rights-of-way and/or on
undeveloped lots or undeveloped portions of lots. City will be responsible for landowner
coordination, obtaining rights-of-entry, and public outreach, if any.
■ Consultant will not coordinate with individual property owners or individual stakeholders. One-on-
one meetings with key stakeholders are not included at this time.
■ Wetland and critical area flagging will be completed by GeoEngineers prior to KPFF performing the
site survey.
■ Utility locates for the design survey will be for conductible underground utilities and visible surface
features.
■ Boundary and right of way lines shown by this survey will be based on best available record
information and ties to local monuments. Review of Title Reports and plotting easements is not
included in this scope of work.
■ Preparation of temporary construction easements (TCE) and right of way exhibits are not included
in this scope of work. Once the number of TCE’s, if any, and their locations are identified, KPFF can
provide an amendment in scope to prepare the TCE’s.
Survey Deliverables
■ Stamped and signed survey meeting City of Renton survey and drafting standards, provided in PDF
format.
■ CAD basemap and Civil 3D surface drawing in format 2018 or later.
Task 3.0 – Hydraulic Design
Subtask 3.1 – Data Gathering
This subtask includes completing data review and field studies to characterize the Panther Creek basin
within the project reach (approximately 150 ft upstream to 150 ft downstream of the project culvert),
including review of fish habitat and stream geomorphology within the above noted reach. This task work
will include:
■ Develop a stream survey extents and requirements graphic for use by the survey team.
■ Complete a brief desktop review to compile and summarize available information about basin
habitat and hydrologic/hydraulic conditions, including:
Utilize online databases and publications to characterize habitat limiting factors in Panther
Creek.
Complete online assessment of Panther Creek system including development of long profile,
characterization of geology and soils.
Review mapped FEMA floodplains (if any)
AGENDA ITEM #6. d)
■ Complete a field-based review of fish habitat conditions within the project reach, including:
Observe aquatic habitat conditions including channel habitat type, condition and quality.
Observe riparian habitat type, condition and quality; typical riparian vegetation species
composition and quality; and qualitatively evaluate ability of riparian habitat conditions to
support aquatic habitat/stream channel conditions.
■ Complete a field-based review of fluvial geomorphic conditions within the project reach, including:
Observe bank condition/erosion, sediment sources, potential for degradation/aggradation and
channel profile.
Select a representative stream reference reach for the crossing (if one can be found) that will
be used as a basis for design.
Within the representative reach, characterize stream morphology, streambed sediment
composition (e.g. Wolman Pebble Counts), and bankfull widths (up to three within reference
reach).
Within the representative reach, map/measure channel thalweg profile and channel sections.
Subtask 3.2 – Hydraulic Conceptual Design, Alignment Study and Design Alternatives
This subtask includes developing hydraulic conceptual designs, an alignment study, and preparation of a
Design Alternatives Selection Report to identify a preferred stream alignment and structure type.
■ Hydrologic Analysis
Estimate the 2-, 100-, and 500-year peak discharge flows using the most appropriate
methodology for the site
Estimate a future 100-year flood magnitude using the WDFW climate change resilience
web application. This flow will be simulated in the conceptual design conditions hydraulic
model to assess structure resiliency and vulnerability.
■ Modeling and analysis of the existing conditions
Develop a two-dimensional (2D) Hydrologic Engineering Center – River Analysis System
(HEC-RAS).
Analyze the model results to inform design of the proposed crossing including assessment
of backwatering (if any) by existing structure.
■ Develop CAD design and drawing sheets of up to two alternative stream channel alignments and
profiles.
■ Prepare rough-order-of-magnitude (ROM) stream design cost estimate.
■ Prepare a Design Alternatives Analysis Report (draft and final) identifying each stream alignment,
structural and MOT alternative considered, selection process, and recommended design option.
The draft report will be presented to the City for review and discussion and then finalized based on
City concurrence and/or recommendations.
Subtask 3.3 – 30% Hydraulic Design
This subtask includes hydraulic analysis and stream design components of the project. As part of this
subtask, GeoEngineers will perform the following:
AGENDA ITEM #6. d)
■ Modeling and analysis of 30% design conditions
Define approach used to select fish passage design methodology, consistent with WDFW
Water Crossing Design Guidelines (WCDG) and WSDOT Hydraulics Manual (HM).
Recommend minimum hydraulic opening, alignment, profile, and typical channel cross
sections.
Develop proposed conditions 2D HEC-RAS model with up to two iterations of design to
address structure type, minor deviations in stream alignment, and/or other stream design
elements.
Identify streambed composition / material design.
Develop a concept of Large Woody Material (LWM) and channel complexity features as
appropriate.
■ Advance the crossing design to 30%. This level of design will consist of:
Developing horizontal and vertical alignments and creating a 3D surface of the 30% design
condition. The stream design components will be consistent with the natural geomorphological
condition of the stream and will achieve the project goals stated above.
Specifying the minimum hydraulic opening height and width for the replacement, fish passable
structure.
Specifying general number and locations of LWM that are consistent with the proposed
grading. Detailed design and stability calculations of LWM will be completed during a later
design phase of the project (Subtask 5.1).
Determining a design channel sediment gradation consistent with information obtained in the
reference reach identified in Subtask 3.2.
■ Develop preliminary engineering design drawings that will include the following:
Plan and profile sheets of the existing conditions (2 sheets total). The existing conditions plan
sheet will show property lines, right-of-way (ROW) lines, ordinary high water extents (OHW), the
existing crossing pipe alignment, and important features of the stream from survey.
Plan, profile and sections sheets of the proposed conditions (3 sheets total).
Standard details of LWM structures (1 sheet total). Detailed design of LWM structures will be
completed during a later design phase of this project (Subtask 5.1).
Conceptual temporary stream bypass and diversion for the site to a level of detail suitable for
permit submittal.
■ Prepare a Preliminary Hydraulic Design Report that addresses the proposed 30 percent design and
documents site observations and existing conditions data collection (including general assessment
of climate change vulnerability). This will include preparing a 30% design level cost estimate. An
initial draft will be prepared for City review and final draft will be prepared based on City comments
for agency/tribe review and to support permit applications. Comments received from agencies and
tribes will be addressed as part of a future design level hydraulic design report (not included in this
phase).
Hydraulic Design Assumptions
■ Data review will include publicly accessible databases, additional information/data provided by the
City and our in-house files.
AGENDA ITEM #6. d)
■ If landowners deny access to any part of the assessment area, that area will be observed “over-
the-fence” but otherwise omitted from the field review. To the extent feasible, professional best
judgement will be used to fill in data gaps that result from property access denials.
■ Up to 2 stream alignment alternatives will be considered.
Hydraulic Design Deliverables
■ Survey Request Figure
■ Field Report documenting fish habitat and stream geomorphology.
■ Design Alternatives Analysis Report (Draft and Final)
■ 30% Stream Design Drawings as part of consolidated plan set (see Task 6.3)
■ 30% Design Cost Estimate (consolidated across disciplines)
■ Preliminary Hydraulic Design Report (Draft and Final)
Task 4.0 – Geotechnical Design
Subtask 4.1 – Geotechnical Explorations
■ Review existing subsurface information to develop an understanding of potential soil and
groundwater conditions at the site.
■ Complete a visual reconnaissance of the site to evaluate the presence of Geologically Hazardous
Areas in accordance with the City of Renton Municipal Code and other site features or constraints
that will need to be considered during design.
■ Coordinate with City of Renton utility locates within the project area using the One-Call utility
locating service. Review City of Renton information regarding underground utilities in the project
area. Exploration locations will be chosen to avoid encountered subsurface utilities.
■ Develop a traffic control plan in accordance with City of Renton regulations. We will subcontract a
pre-qualified firm to develop the traffic control plan and to provide traffic control during drilling.
Submit and obtaining the street use permit from Renton.
■ Coordinate and complete subsurface explorations at the site. Three, 50-foot deep borings, will be
completed. Two borings will be drilled in potential bridge foundation areas. One boring will be
drilled in the approximate center of the fill which spans the Panther Creek Valley. The borings will
be drilled using hollow stem auger drilling methods. The borings will be advanced at least five feet
into bedrock if rock is encountered at depths shallower than 50 feet.
■ Collect 1.5-inch inside diameter (ID) or 2.0-inch ID split-barrel samples of soil and possibly bedrock
in general accordance with ASTM International (ASTM) D 1586 procedures at approximately 5‑foot
depth intervals in each boring. Soil cuttings from the borings will be placed in 55 gallon drums and
transported off site.
■ Complete laboratory testing on soil samples collected in the borings. Laboratory testing shall
consist of moisture content determinations, grain size analyses and organic content
determinations.
AGENDA ITEM #6. d)
Subtask 4.2 – Preliminary Geotechnical Design Recommendations
■ Develop general geotechnical recommendations for the project. Analyses will be limited to
conceptual level design. Our recommendations will include the following:
Conceptual foundation support for a new culvert.
Concept recommendations for bridge foundation support. We will provide preliminary
recommendations for shallow foundations and drilled shaft foundations.
Retaining wall concepts and options for roadway improvements.
General earthwork and site preparation.
■ Prepare a geotechnical design considerations letter report summarizing soil, bedrock and
groundwater conditions, general design recommendations, and general construction
considerations in support of the Design Alternatives Analysis Report.
Subtask 4.3 – 30% Geotechnical Design Report
■ Provide geotechnical support during development of the 30% Design, including the following tasks:
Provide a discussion of the selected preferred alternative for supporting the roadway (bridge
or culvert) and accommodating the hydraulic opening.
Provide a summary of soil and groundwater conditions based on subsurface explorations
completed at the site.
Develop geotechnical recommendations to support 30% Design. Recommendations will
include foundation support for the selected alternative. Foundation recommendations will be
developed and provided in general accordance with American Association of State Highway
and Transportation Officials (AASHTO) Load and Resistance Factor Design (LRFD) and the
Washington State Department of Transportation (WSDOT) Geotechnical Design Manual (GDM)
procedures.
Provide recommendations for earthwork, including temporary and permanent slope
configurations, groundwater handling and dewatering considerations, suitability of onsite soil
for reuse as structural fill, import fill criteria and fill compaction criteria.
Provide estimates of roadway fill and foundation settlements and recommendations for
settlement mitigation measures.
Evaluate potential construction considerations, including conceptual dewatering needs based
on subsurface conditions encountered in our explorations, as appropriate.
Develop lateral earth pressure criteria for design of abutment walls.
Discuss seismic design considerations and providing seismic design criteria consistent with
the 9th Edition of the AASHTO LRFD Bridge Design Specifications (2020). We will also provide
our opinion of the potential for liquefaction and lateral spreading based on available deep
subsurface soil data and our experience in the site area.
■ Provide an assessment of potential consequences of liquefaction and soil strength loss, including
estimates, as appropriate, of the following:
Differential settlement;
Lateral movement;
Increase in lateral loads on foundations; and
AGENDA ITEM #6. d)
Reduction in foundation soil bearing capacity.
■ Prepare a draft Geotechnical Report documenting the site conditions and design recommendations
for the preferred alternative. The report will include a site plan showing the locations of the
completed explorations, summary exploration logs, laboratory testing results, preliminary design
recommendations and engineering figures as appropriate.
■ Provide ongoing geotechnical consultation to support coordination meetings through the duration
of the 30% Design.
Geotechnical Design Assumptions
■ Geotechnical engineering analyses will be completed in accordance with the WSDOT Standard
Specifications, the AASHTO LRFD Bridge Design Manual.
■ Draft geotechnical report delivered during 30% design will be updated as a final report as part of a
future design submittal (not included in this phase).
Geotechnical Deliverables
■ Traffic Control Plans
■ Preliminary Geotechnical Design Recommendations Letter
■ Draft Geotechnical Report
Task 5.0 – Structural Design
This task will be completed by KPFF.
Subtask 5.1 – Data Gathering
■ Review culvert as-builts and any other relevant data provided by the City and other team members
including, but not limited to, survey, geotechnical data/reports, hydraulics data/reports, and other
relevant design data.
■ Complete a structural reconnaissance to observe site conditions that may affect structural
considerations for the replacement crossing.
Subtask 5.2 – Crossing Structure Type, Size and Location (TSL) Study
Preparation of a structural TSL study in support of the Design Alternatives Analysis Study.
■ Prepare a structural basis of design listing relevant codes, and design criteria used for concept
development.
■ Identify up to 3 structural alternatives feasible for the project and provide concept level design
drawings for these alternatives
■ Develop planning level cost analysis for each alternative.
■ Assist GeoEngineers with development of alternative selection criteria, ranking, and a
recommended alternative.
■ Provide structural design criteria narrative for inclusion in Design Alternatives Analysis Report.
AGENDA ITEM #6. d)
■ Assist GeoEngineers with presentation of findings to City for review and concurrence.
Subtask 5.3 – 30% Structural Design
■ Provide 30% design for the preferred alternative, including:
30% design of a replacement structure including consideration of applicable design criteria.
Using span dimension, roadway cover, and geotechnical input to provide crossing design
drawings. Developing the layout of the structure to fit within the hydraulic constraints of creek.
Development of 30% design drawings including a plan, elevation and section view of the
structure (2 sheets) and elevation and section views of wingwalls (1 sheet).
■ Determine structural quantities and prepare a 30% cost estimate for structural elements.
Structural Design Assumptions
■ Up to 3 structural alternatives will be considered.
■ Potential structure alternatives include precast concrete box culvert, precast concrete or metal
arch culverts, and a bridge structure.
■ Structural design will conform to the latest editions of the AASHTO LRFD Bridge Design
Specifications and WSDOT Bridge Design Manual
■ Structural Bid items and quantities will be based on the WSDOT Standard Specifications for Road,
Bridge and Municipal Construction.
Structural Design Deliverables
■ Structural TSL Study Report, appended to Design Alternatives Analysis Report prepared by
GeoEngineers (Word Doc/PDF)
■ 30% Structural Quantities & Estimated Costs (Excel/PDF)
■ 30% Structural Design Drawings (PDF)
Task 6.0 – Roadway and Utility Design
This task will be completed by KPFF.
Subtask 6.1 – Data Gathering & Design Alternatives
■ Perform roadway reconnaissance, site visit, and review existing conditions to understand
anticipated site constraints.
■ Provide written and/or graphical summary of road design elements and site constraints, utility
providers and potential right-of-way requirements.
■ Review all available project information relating to the project including, but not limited to:
As-built drawings, if available
Survey base map
Geotechnical information
Critical Area Conditions memo
Traffic data
AGENDA ITEM #6. d)
Existing utility information
■ Prepare a roadway and utility basis of design listing relevant codes, and design criteria used for
concept development.
■ Provide roadway, utility and civil design on up to 3 alternatives feasible for the project and provide
concept level design drawings for these alternatives.
■ Develop planning level cost analysis for each alternative.
■ Assist GeoEngineers with development of alternative selection criteria, ranking, and a
recommended alternative.
■ Provide roadway and utility design criteria narrative for inclusion in Design Alternatives Analysis
Report.
■ Assist GeoEngineers with presentation of findings to City for review and concurrence.
Subtask 6.2 – Roadway, Utility and Maintenance of Traffic (MOT) Study
This subtask includes preparation of a MOT Study in support of the Design Alternatives Analysis Report.
■ Identify feasible MOT options for each structural alternative.
■ Identify roadway and utility constraints associated with each stream alignment and structural
alternative.
■ Support structural engineer and hydraulic engineer with design alternatives selection process.
Subtask 6.3 – 30% Roadway and Utility Design
■ Develop 30% plans of the selected alternative. The 30% level design will contain the following
anticipated sheet list:
Cover Sheet including Vicinity Map and Drawing Index (1) – KPFF
Legend and abbreviations (1) – KPFF
Existing Site (1) – KPFF
Right-of-Way Plan (1) – KPFF
Site Preparation Plan (1) - KPFF
Temporary Erosion and Sediment Control Plan (1) – KPFF
Site Plan (1)
Stream Plan and Profile - Existing (2 sheets) – GeoEngineers
Stream Plan, Profile and Sections – Proposed (3 sheets) – GeoEngineers
LWM Details – Proposed (1 sheet) – GeoEngineers
Temporary Stream Bypass – Conceptual (1 sheet) - GeoEngineers
Planting & Restoration Plans (1) – KPFF
Roadway Plan and Profile (1) – KPFF
Utility Plans (1) - KPFF
Typical Roadway Section (1) – KPFF
AGENDA ITEM #6. d)
Maintenance of Traffic (1) – KPFF
■ Prepare a 30-percent design level cost estimate for roadway, grading, landscaping, and temporary
and final erosion control elements.
■ Prepare a utility pothole plan for use by KPFF survey (see Task 2.2).
■ Prepare a Draft 30% Level Stormwater Report.
Roadway and Utility Design Assumptions
■ Stormwater flow control and water quality BMP design and plans will not be required at 30%. It is
assumed stormwater thresholds will not be triggered to require flow control or water quality BMP
design.
■ A stormwater report will document minimum requirements per City requirements and not include
the design of any stormwater BMPs. The Draft stormwater report delivered during 30% design will
be updated as a final report as part of a future design submittal (not included in this phase).
■ The draft 30% design submittals will be subject to one round of review by the City. The 30% design
submittals will be updated as part of the future design submittal (not included in this phase).
■ Civil Bid items and quantities will be based on the WSDOT Standard Specifications for Road, Bridge
and Municipal Construction.
■ Submittal shall be electronic (PDF). CAD design files will be submitted at project completion (later
phase of design).
Roadway and Utility Design Deliverables
■ MOT Study, appended to Design Alternatives Analysis Report
■ Roadway and utility design criteria and considerations narrative and/or graphics; this information
will be integrated into the Design Alternatives Analysis Report and/or Preliminary Hydraulic Design
Report prepared by GeoEngineers.
■ Utility Pothole Plan
■ Draft 30% Design Stormwater Report.
■ 30% Design Drawings
■ Respond to 30% Design Drawing comments
■ 30% Cost Estimate – civil, utility, MOT, roadway elements
Task 7.0 – Environmental Permitting
This task includes developing permit documentation, permit applications and supporting materials, as well
as acting as authorized agent on behalf of the City to submit and apply for applicable permits for the project,
including:
Subtask 7.1 – Aquatic Areas Assessment
■ Complete a field-based review and delineation of aquatic critical areas and other permitting
considerations.
AGENDA ITEM #6. d)
Complete a desktop review of relevant City, state and/or federal regulatory code and guidance
documents governing aquatic areas, critical areas and/or other sensitive areas that may affect
permit requirements.
Complete a desktop review of City, county, state and/or federal databases that may identify
regulated aquatic areas (Waters of the United States [U.S.] and/or Waters of the State) subject
to regulation under local, state or federal rules; identify applicable stream type and buffer
requirements.
Complete a field delineation of the Ordinary High Water Mark (OHWM) of Panther Creek and
wetlands (if any) approximately 150 ft upstream and 150 ft downstream of the project culvert.
OHWM flags will be placed along the stream channel delineating the regulated aquatic area
from surrounding uplands and riparian buffers. These flags will be incorporated into the survey
basemap for the project.
Subtask 7.2 – Environmental Documentation
■ Prepare an Aquatic Areas Assessment report, including discussion of the results of the OHWM and
wetland delineation.
■ Develop a Specific Project Information Form (SPIF) in support of programmatic Endangered Species
Act consultation utilizing the Restoration Actions in Washington State programmatic Biological
Assessment for submission with permit applications.
■ Prepare a Cultural Resources Survey (CRS) Report for compliance with Section 106 of the National
Historic Preservation Act. This survey and report will be subcontracted to a specialty provider.
Subtask 7.3 – Permit Applications and Submittal
■ Prepare a Joint Aquatic Resources Permit Application (JARPA) Form and associated drawings for
use in submitting applications to the City, State (WDFW and/or Department of Ecology) and Federal
(U.S. Army Corps of Engineers) permitting agencies for aquatic permits.
■ JARPA Form and Drawings, Critical Areas Report, SPIF, and CRS Report will be submitted to the
USACE to obtain a Nationwide Permit under their authority to administer Section 404 of the Clean
Water Act.
■ JARPA Form and Drawings, Critical Areas Report, Preliminary Hydraulic Design Report and 30%
Design Drawing package will be submitted to WDFW for HPA review.
■ Critical Areas Permit Application components will be provided to City for internal documentation
and use.
Subtask 7.4 – Design Coordination and Support
■ Provide consultation to other members of the design team during design development addressing
permit restrictions and requirements that may influence alternative designs or design details
during advancement.
■ Support landscape design including identifying appropriate native planting palette for restoration
of construction impacts within the riparian buffer of Panther Creek.
AGENDA ITEM #6. d)
Environmental Permitting Assumptions
■ Project can be characterized as restoration and habitat enhancement and is, therefore, not
anticipated to have adverse effects on regulated critical areas or other protected species or
habitats; habitat mitigation planning and design is not anticipated to be needed.
■ The project will qualify for a Fish Enhancement HPA; therefore, SEPA compliance and other local
permits, including site development and/or clearing and grading will be waived.
■ Permit applications will be developed based on the 30% design submittal.
■ GeoEngineers will act as authorized agent for federal and state permit authorizations, such as
those required from the U.S. Army Corps of Engineers and Washington Department of Fish &
Wildlife.
■ GeoEngineers will provide supporting documentation for coordination with the local permit
planning department; however, City will act as applicant and lead the internal application process
for City-issued permits, if required.
■ There is no state-owned aquatic land within the project footprint; an Aquatic Lands Lease will not
be required from the Washington Department of Natural Resources.
Environmental Permitting Deliverables
■ Aquatic Areas Assessment Report
■ SPIF
■ Cultural Resources Survey (CRS) Report
■ JARPA Application
■ Copies of each electronic permit application submittal
Attachments:
Consultant Fee Estimate – GeoEngineers, Inc.
Schedule of Charges – 2023 Standard
AGENDA ITEM #6. d)
Task Description PrincipalAssociateSenior Sci/Engr 2Project Engr 2Project Sci 2Staff Engr 3Staff Engr 2Staff Sci 2Lead TechnicianSenior GIS AnalystCAD DesignerAdmin 3Admin 2Admin 1Total
Hours
Total Labor
Cost
1.0 Project Management
1.1 General Management, Administration and Coordination 10 20 20 60 110 $20,750
1.2 Meetings 14 14 14 4 46 $12,732
1.3 Agency and Tribe Coordination 10 8 10 16 44 $11,360
1.4 Funding Support 4 4 4 12 $3,392
2.0 Survey & Mapping
2.1 Topographic/Boundary Survey (PLS)2 2 6 10 $2,376
2.2 Utility Locates 0 $0
2.3 Utility Pothole Survey 0 $0
3.0 Hydraulic Design
3.1 Data Gathering 8 40 40 40 10 4 142 $28,490
3.2 Hydraulic Conceptual Design, Alignment Study, & Design Alternatives 2 20 60 20 60 40 8 210 $40,530
3.3 30% Hydraulic Design 20 40 10 80 10 40 8 208 $38,400
4.0 Geotechnical Design
4.1 Geotechnical Explorations 3 8 45 6 3 3 4 72 $13,787
4.2 Preliminary Geotechnical Design Recommendations 5 15 6 26 $6,598
4.3 30% Geotechnical Design Report 4 20 6 5 4 6 1 46 $9,940
5.0 Structural Design
5.1 Data Gathering 0 $0
5.2 Crossing Structure TSL Study 0 $0
5.3 30% Structural Design 0 $0
6.0 Roadway and Utility Design
6.1 Data Gathering 0 $0
6.2 Roadway, Utility and MOT Study 0 $0
6.3 30% Roadway and Utility Design 0 $0
7.0 Environmental Permitting
7.1 Aquatic Areas Assessment 1 12 12 3 28 $5,735
7.2 Environmental Documentation 4 12 30 2 48 $9,346
7.3 Permit Applications and Submittal 4 16 24 30 4 78 $14,126
7.4 Design Coordination and Support 8 8 16 $4,544
69 96 141 140 96 57 180 66 6 28 117 39 60 1 1096
$305 $280 $263 $220 $215 $188 $165 $157 $138 $173 $147 $130 $114 $99
$21,045 $26,880 $37,083 $30,800 $20,640 $10,716 $29,700 $10,362 $828 $4,844 $17,199 $5,070 $6,840 $99 $222,106
Subconsultant/Subcontractor Expenses
KPFF $256,610
Cultural Resources Consultants of Washington $7,000
Markup on Subconsultant Costs (15%)$39,541
Other Direct Costs (ODCs)
Vehicle Mileage Rate: $0.65 Miles: 250 $163
Associated Project Costs (6%)$13,326
Utility Locate for Geotechnical Borings $1,000
Drilling & Traffic Control $17,000
$334,640
Management Reserve $20,000
$576,746Total Cost
Fully Burdened Hourly Rate
Subtotal Burdened Labor Cost
Subtotal Direct and Subconsultant Expenses
Total Hours
Exhibit B-1
Panther Creek at Talbot Rd Culvert Replacement Project (27-4232)
Consultant Fee Estimate - GeoEngineers, Inc.
Phase 1
City of Renton
April 12, 2023
AGENDA ITEM #6. d)
Task Description Structural PrincipalStructural Project EngineerStructural Design EngineerStructural CADDCivil PrincipalCivil Project EngineerCivil Design EngineerCivil CADDCivil AdminSurvey Manager/PrincipalSenior Projects SurveyorProject SurveyorSurvey Crew ChiefSurvey Instrument PersonCADD TechUtility LocatorTotal
Hours
Total Labor
Cost
1.0 Project Management
1.1 General Management, Administration and Coordination 0 $0
1.2 Meetings 19 12 19 12 8 70 $11,804
1.3 Agency and Tribe Coordination
1.4 Funding Support 8 4 12 $2,224
2.0 Survey & Mapping
2.1 Topographic/Boundary Survey (PLS)8 24 14 48 48 36 178 $21,241
2.2 Utility Locates 2 8 10 $1,203
2.3 Utility Pothole Survey 6 16 16 4 42 $4,492
3.0 Hydraulic Design
3.1 Data Gathering 0 $0
3.2 Hydraulic Conceptual Design, Alignment Study, & Design Alternatives 0 $0
3.3 30% Hydraulic Design 0 $0
4.0 Geotechnical Design
4.1 Geotechnical Explorations 0 $0
4.2 Preliminary Geotechnical Design Recommendations 0 $0
4.3 30% Geotechnical Design Report 0 $0
5.0 Structural Design
5.1 Data Gathering 0 $0
5.2 Crossing Structure TSL Study 8 90 30 40 168 $29,938
5.3 30% Structural Design 10 50 100 60 220 $35,960
6.0 Roadway and Utility Design
6.1 Data Gatheringn & Design Alternatives 8 90 158 56 312 $50,860
6.2 Roadway, Utility and MOT Study 3 20 56 79 $12,832
6.3 30% Roadway and Utility Design 12 43 151 118 324 $49,714
7.0 Environmental Permitting
7.1 Aquatic Areas Assessment 0 $0
7.2 Environmental Documentation 0 $0
7.3 Permit Applications and Submittal 0 $0
7.4 Design Coordination and Support 0 $0
18 159 142 100 23 180 381 174 8 8 24 22 64 64 40 8 1415
$216 $194 $145 $160 $216 $206 $144 $140 $92 $234 $159 $146 $114 $85 $111 $114
$3,888 $30,846 $20,590 $16,000 $4,968 $37,080 $54,864 $24,360 $736 $1,875 $3,824 $3,218 $7,280 $5,408 $4,420 $910 $220,267
Subconsultant/Subcontractor Expenses
Applied Proffesional Services (APS) - Utility Potholes (10 locations)$36,317
Other Direct Costs (ODCs)
Vehicle Mileage Rate: $0.65 Miles: 40 $26
$36,343
$256,610
Subtotal Direct and Subconsultant Expenses
Total Cost
Total Hours
Fully Burdened Hourly Rate
Subtotal Burdened Labor Cost
Exhibit B-1
Subconsultant Fee Estimate - KPFF
City of Renton
Panther Creek at Talbot Rd Culvert Replacement Project (27-4232)
Phase 1
April 12, 2023
AGENDA ITEM #6. d)
Deliverable/Stage 6-Jun13-Jun20-Jun27-Jun4-Jul11-Jul18-Jul25-Jul1-Aug8-Aug15-Aug22-Aug29-Aug5-Sep12-Sep19-Sep26-Sep3-Oct10-Oct17-Oct24-Oct31-Oct7-Nov14-Nov21-Nov28-Nov5-Dec12-Dec19-Dec26-Dec2-Jan9-Jan16-Jan23-Jan30-Jan6-Feb13-Feb20-Feb27-Feb5-MarPhase 1 Notice to Proceed
Task 1 - Project Management
Task 1.1 - General Mgmt, Admin, Coord
Task 1.2 - Meetings
Task 1.3 - Agency and Tribe Coordination
Task 2 - Survey & Mapping
Survey Basemap
Task 3 - Hydraulic Design
Task 3.1 - Data Gathering
Task 3.2 - Hydraulic Conceptual Design/Alternatives
Survey Request Figure
Design Alternatives Analysis Report
Task 3.3 - 30% Design
Preliminary Hydrauilic Design Drawings and Report
Task 4 - Geotechnical Design
Task 4.1 - Geotechnical Explorations
Task 4.2 - Preliminary Geotechnical Design
Preliminary Geotechnical Design Letter
Task 4.3 - 30% Geotechnical Design Report
Draft Geotechnical Design Report
Task 5 - Structural Design
Task 5.1 - Data Gathering
Task 5.2 - Crossing Structure TSL Study
TSL Study Report
Task 5.3 - 30% Structural Design
30% Structural Design Drawings and Cost Estimate
Task 6 - Roadway and Utility Design
Task 6.1 - Data Gathering & Design Alternatives
Task 6.2 - Roadway, Utility and MOT Study
MOT Study and Alternative Analysis Narrative
Task 6.3 - 30% Roadway and Utility Design
Utility Pothole Plan
30% Design Stormwater Report
30% Roadway,Stormwater, Erosion Control Drawings
Task 7 - Environmental Permitting
Task 7.1 - Aquatic Areas Assessment
Task 7.2 - Environmental Documentation
Draft Aquatic Areas Assessment Report
Draft JARPA Application
Draft Specifc Project Information Form (ESA)
Draft Cultural Resources Survey Report
Task 7.3 - Permit Applications & Submittal
USACE Permit Package Submittal
WDFW Permit Package Submittal
City of Renton Permit Components
Task 7.4 - Design Coordination and Support
Phase 2 Scoping
Exhibit C
Panther Creek at Talbot Road Culvert Replacement Project (27-4232)
Phase 1 Preliminary Design Schedule
AGENDA ITEM #6. d)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ACCEPTING THE
PLANNING COMMISSION BYLAWS.
WHEREAS, the Planning Commission (“Commission”) Bylaws were adopted by the
Commission during its regular meeting, April 5, 2023, and will be used for governing operations
of the Commission; and
WHEREAS, the Commission may recommend amendments to the Bylaws in the future,
which will be subsequently reviewed by City Administration; and
WHEREAS, any proposed revisions to the Bylaws approved by the Commission will be
submitted by staff to the City Council for acceptance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The City Council hereby accepts the Bylaws of the Planning Commission, a
copy of which is attached hereto as Exhibit “A” and incorporated by this reference.
PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2023.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______ day of _____________________, 2022.
______________________________
Armondo Pavone, Mayor
AGENDA ITEM # 8. a)
RESOLUTION NO. _______
2
Approved as to form:
______________________________
Shane Moloney, City Attorney
RES – CED – 1939 – 4.13.23
AGENDA ITEM # 8. a)
RESOLUTION NO. _______
3
EXHIBIT “A”
PLANNING COMMISSION BYLAWS
AGENDA ITEM # 8. a)
Renton Planning Commission Bylaws (April 2023)
Page 1 of 3
CITY OF RENTON
BYLAWS OF THE PLANNING COMMISSION
The City of Renton (“City”) Planning Commission (“Commission”) has adopted the following as its Bylaws
setting forth the rules and procedures deemed necessary to carry out its duties as established in Chapter
2-10 of the Renton Municipal Code (“RMC”), and in compliance with the state’s Open Public Meetings
Act (“OPMA” RCW 42.30). After these Bylaws have been provided to the Renton City Council for their
awareness, the Commission will file a copy of these Bylaws with the City Clerk of Renton.
1. Appointment, Membership, Term, and Vacancies – shall be in accordance with RMC 2-10, and
are currently:
a. Appointment of nine (9) Commissioners by the Mayor, and confirmed by the City
Council
b. Members of the Commission must be a resident of, or own a small business in, the City
of Renton, with additional rules as described in RMC 2-10-5.
c. Term of appointment is three (3) years, with appointments in July and February of each
year and
d. Vacancies will be filled in the same way the initial appointments were made.
2. Election of Officers:
a. Officers to be elected: the Commission shall elect a Chair, Vice-Chair, Secretary, and
other officers as may be needed.
b. Elections to occur: Elections shall be held annually at the first regular meeting in
January. In the event other officers are needed, they will be elected and seated as the
need arises. Elections for each officer when there is more than one candidate for a
position shall be by roll call vote.
c. Officers to be seated: Newly elected officers shall take office at the first regular meeting
of each calendar year, after elections of all officers.
3. Meetings:
a. The Commission shall operate in compliance with the OPMA to ensure a transparent
process. This Article 2 will be interpreted to comply with Washington State open
meetings requirements and may be subject to change to assure compliance.
i. The Commission shall have a standard practice of meeting in person meetings at
the Renton City Hall, City Council Chambers. If that location is not available, and
a regular in-person meeting will still be held, the City will publish the new
physical location in accordance with OPMA requirements.
ii. In the event a regular meeting is canceled or re-scheduled prior to its regularly
scheduled time and date, the City shall post that information in advance.
iii. Any Commissioner may attend any meeting remotely at their discretion, if such
attendance is:
1. By telephonic or other electronic, internet, or other means acceptable
to, and arranged with, City staff prior to the meeting; AND
AGENDA ITEM # 8. a)
Renton Planning Commission Bylaws (April 2023)
Page 2 of 3
2. The remote means allows real-time verbal communication with the
Commission without being in the same physical location, and is
available for the members of the public to hear as well.
iv. The Commission shall hold at least twelve (12) Regular Meetings throughout
the year according to the following schedule:
1. January through December: first and third Wednesdays of the month at
6:00 pm or as otherwise published by City of Renton on their website
and with advance notice and posting of the agenda; except:
2. August and December: first Wednesday of the month at 6:00 pm, or as
otherwise published by City of Renton on their website and with
advance notice and posting of the agenda.
3. In the event a regular meeting day falls on a holiday, or City operations
are canceled for emergency or other reasons, the regular meeting will
be postponed to the next available business day in the same location,
and the public will be notified through posting on the City’s website and
physical posting at the location.
v. The Commission may hold Special Meetings at the request of the Chair, or in
their absence by the Vice-Chair, or when approved during a regular meeting by
a majority of the Commission. City staff shall notify Commissioners at least
three (3) days in advance of such Special Meeting, and shall provide appropriate
public notice.
vi. The Commission may hold Emergency Meetings if there is a need for expedited
action of the Commission to meet an emergency. Such emergency meeting may
be called by the Chair at the regular meeting site, for a remote meeting without
a physical location, or for a meeting at which attendance by members of the
public is limited due to a declared emergency.
vii. The Commission may hold fully Remote Meetings as a result of the declaration
of an emergency and if the City determines it cannot hold a meeting in person
or will limit physical attendance by some or all members of the public because
of the emergency. Such remote meeting shall comply with OPMA rules
governing remote meetings, including real-time verbal communications and the
option for the public to listen.
b. Absences:
i. Failure to attend a meeting without providing City staff and/or the Chair twenty-
four (24) hours’ notice may be considered an “unexcused” absence.
ii. Three (3) “excused” absences is equal to one (1) “unexcused” absence.
iii. Commissioners with 3 or more unexcused absences in one calendar year may be
removed from the Commission by the Mayor.
iv. Remote attendance at an in-person meeting is not an absence from the
meeting.
4. Amendments:
a. These Bylaws may be amended or repealed and new Bylaws may be adopted at any
regular meeting or special meeting by a majority vote of the membership. A copy of the
proposed Bylaws, or amendments thereto, shall be furnished to each member at least
three (3) days prior to the date of the meeting.
AGENDA ITEM # 8. a)
Renton Planning Commission Bylaws (April 2023)
Page 3 of 3
b. All amendments to the Bylaws shall be submitted to the Mayor and City Council for their
awareness.
IT IS HEREBY UNDERSTOOD that the undersigned Chair of the Renton Planning Commission does hereby
certify that the above and foregoing Bylaws were duly adopted by the members of the Commission as the
Bylaws of the Commission on the ____ day of _______, 2023, and that they do now constitute the Bylaws
of the City of Renton Planning Commission.
ATTEST:
________________________________
Dana Rochex, Chair
Renton Planning Commission
AGENDA ITEM # 8. a)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO A MITIGATION CREDIT PURCHASE
AGREEMENT AND ACKNOWLEDGMENT WITH SEATTLE SOCCER, LLC dba
SEATTLE SOUNDERS FC AND FURTHER AUTHORIZING THE SALE OF 0.1875
CREDITS FROM THE SPRINGBROOK CREEK WETLAND MITIGATION BANK FOR
THE SUM OF $247,851.56.
WHEREAS, the Springbrook Creek Wetland Mitigation Bank (“SMB”) was established
August 8, 2006 through the execution of a Mitigation Bank Instrument developed by the City and
the Washington State Department of Transportation, and approved by the City, the Washington
State Department of Ecology, the U.S. Environmental Protection Agency, the U.S. Fish and
Wildlife Service, the Federal Highway Administration, and the U.S. Army Corps of Engineers;
WHEREAS, the SMB was established to provide compensatory mitigation for unavoidable
adverse impacts to waters of the United States, including wetlands, and to aquatic habitat, which
result from activities authorized by Federal, State, and local authorities;
WHEREAS, SEATTLE SOCCER, LLC dba SEATTLE SOUNDERS FC has land use approval for
the Sounders FC Center at Longacres 1901 Oaksdale Ave SW (LUA22-000357). The proposal
includes the use of a portion of an existing office building for Sounders FC office space and indoor
training facilities and associated activities, outdoor recreation facilities including five (5) full-size
soccer fields a Goal Keepers Field and accessory structures, and reconfiguration of and existing
surface parking lot;
WHEREAS, a Category II wetland was identified to the northwest of the project site, a
Category II wetland has a standard buffer of 100 feet for low impact land uses and 150 feet for
AGENDA ITEM # 8. b)
RESOLUTION NO. _______
2
all other land uses, and provides a significant challenge for developing the soccer fields necessary
for the Sounders FC Center;
WHEREAS, due to unavoidable construction impacts, the Project will impact 16,331
square feet (0.3749 acres) of the Category II wetland buffer;
WHEREAS, although on-site wetland mitigation is the preferred mitigation method
pursuant to the Renton Municipal Code, the Seattle Sounders determined such a method to be
infeasible due to the lack of suitable areas that would still allow for the soccer fields required for
a professional soccer team; and
WHEREAS, as an alternative to on-site mitigation, the Seattle Sounders proposed as part
of its land use application, fill activity within the wetland buffer that results in unavoidable
indirect impacts to 0.3749 acre(s) of Category II wetlands and purchase 0.1875 credits from the
SMB;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to enter into a Mitigation
Credit Purchase Agreement and Acknowledgement with Seattle Sounders FC, attached hereto as
Exhibit “A” and incorporated by this reference.
SECTION II. The City Council hereby authorizes the sale of 0.1875 credits from the SMB
for the sum of $247,851.56 in compensation for the Projects anticipated 0.3749 acres of
permanent indirect wetland impacts.
PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2023.
AGENDA ITEM # 8. b)
RESOLUTION NO. _______
3
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______ day of _____________________, 2023.
______________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
RES- CED:1933:3/28/23
AGENDA ITEM # 8. b)
SPRINGBROOK CREEK WETLAND MITIGATION BANK
MITIGATION CREDIT PURCHASE AGREEMENT AND
ACKNOWLEDGEMENT
THIS AGREEMENT, dated for reference purposes as __________________________, is by and
between the City of Renton (the “City”), a Washington municipal corporation, and Seattle
Soccer, LLC dba Seattle Sounders FC, a Delaware corporation (“Applicant”). The City and the
Applicant are referred to collectively in this Agreement as the “Parties.” Once fully executed
by the Parties, this Agreement is effective as of the last date signed by both parties.
RECITALS:
WHEREAS, the Springbrook Creek Wetland Mitigation Bank (“SMB”) was established August
8, 2006 through the execution of a Mitigation Bank Instrument (“MBI”) developed by the City
and the Washington State Department of Transportation, and approved by the City, the
Washington State Department of Ecology, the U.S. Environmental Protection Agency, the U.S.
Fish and Wildlife Service, the Federal Highway Administration, and the U.S. Army Corps of
Engineers (the “Corps”). The MBI established guidelines and responsibilities for the
establishment, use, operation, and maintenance of the SMB; and
WHEREAS, the SMB was established to provide compensatory mitigation for unavoidable
adverse impacts to waters of the United States, including wetlands, wetland buffers, and to
aquatic habitat, which result from activities authorized by Federal, State, and local authorities;
and
WHEREAS, pursuant to the provisions and conditions of the MBI governing the SMB, the City
has performed reestablishment, rehabilitation, and enhancement of wetlands, combined with
the enhancement of upland and riparian areas. In recognition of meeting objectives and
performance standards established through the MBI, the Interagency Review Team (“IRT”)
has released to the SMB mitigation credits for use in compensation for future activities
unavoidably impacting aquatic resources; and
WHEREAS, pursuant to Section 4.3 of the MBI, City is authorized to sell, transfer, or use the
released SMB mitigation credits for its own activities, or for activities undertaken by public or
other private entities; and
Exhibit A to Resolution
AGENDA ITEM # 8. b)
PAGE 2 OF 10
WHEREAS, SMB has available mitigation credits, generated through SMB establishment and
released by the IRT pursuant to Sections 4.2 and 4.3 of the MBI, that have not been utilized
by the City, have not been otherwise sold or transferred to third parties, and are active on the
SMB credit ledger maintained pursuant to Section 4.4 of the MBI. These credits are available
to utilize in the SMB service area, portions of Water Resource Inventory Areas (WIRAs ) 8 and
9, as defined in Section 1.3 of the MBI; and
WHEREAS, Applicant is proposing the construction of the Sounders FC Center at Longacres at
1901 Oaksdale Ave SW Ave NE, more fully described in paragraph 4 below (hereinafter the
“Project”). The purpose of the Project is to provide a new training center and headquarters
for Sounders FC. Unico Longacres South Building LLC, Unico Longacres South Campus Land
LLC, and Unico Longacres Central Drainage LLC own the Project Site, which is leased and will
be operated and maintained by the Applicant; and
WHEREAS, City acted as lead agency for the State Environmental Policy Act (SEPA) Review for
the Project and on December 5, 2022, issued a Determination of Non‐Significance – Mitigated
(DNS‐M) for the Project with certain mitigation measures.
a. Construction on the project site shall comply with the recommendations of the
submitted Geotechnical Report, prepared by GeoEngineers, dated June 23,
2022.
b. The applicant’s geotechnical engineer shall review the project’s construction
plans for the new fields and the building permit plans for the proposed
maintenance building and elevated patio addition to verify compliance with the
submitted geotechnical report. The geotechnical engineer shall submit a sealed
letter stating that he/she has reviewed the construction and building permit
plans and in their opinion the plans and specifications meet the intent of the
report.
c. The artificial turf field program, including field design, construction and
operation, together with stormwater management and water quality
treatment for drainage from the artificial turf fields, shall assure that the field
materials do not result in a probable adverse environmental impact on fish and
wildlife. The proposed water quality treatment facility shall be a Filterra
Bioscape facility sized to treat the 2‐year storm event or equivalent as
approved by the City and the applicant shall undertake quarterly water quality
tests of field drainage, during the life of the field or for a five (5) year‐period,
whichever comes first. The applicant will submit a monitoring protocol to test
AGENDA ITEM # 8. b)
PAGE 3 OF 10
for SBR Crumb Rubber constituents of concern in field drainage for City
approval.
d. When the fill within the synthetic turf athletic fields is replaced, the applicant
shall be required to go through a new Environmental Review.
e. The applicant shall demonstrate that the proposed underground storage
chambers, to be utilized for compensatory storage, would not have an adverse
impact on salmonids and would ensure that salmonids would not get trapped
within the proposed underground storage chambers.
f. The applicant shall follow the Department of Ecology guidance for Tacoma
Smelter Plume soil contamination testing and remediation as instructed in the
agency’s letter (Exhibit 15).
g. The applicant shall submit an Inadvertent Discoveries Plan prepared by a
qualified professional with the civil construction permit for review and
approval by the Current Planning Project Manager prior to permit issuance.
WHEREAS, due to unavoidable construction impacts, the Project will impact 16,331 square
feet (0.3749 acres) of Category II wetland buffer. Wetland A is located along the eastern
boundary of the project site and would be classified as a Category II wetland with a moderate
habitat score. The Project and the impacted wetland buffer fall inside the service area of the
SMB. The SMB is in the immediate region and contains wetland characteristics representative
of the environment of wetlands affected at the project site; and
WHEREAS, the City has determined pursuant to RMC 4‐3‐050 Critical Areas Regulations that
the proposed activity in the Project includes fill in the wetland buffer, which results in
unavoidable indirect impacts to 0.3749 acre(s) of Category II wetlands, as approved and
conditioned in the Hearing Examiner decision issued January 12, 2023 for Land Use Action
Number LUA22‐000357, which decision was not appealed, and that compensatory mitigation
is required; and
WHEREAS, the Applicant has submitted and the City has approved a Wetland Mitigation Plan
that includes the purchase of SMB credits as described in this Agreement, as well as
conducting habitat restoration near the Project Site to remove invasives and plant native
wetland species within the Wetland Enhancement Buffer Area, as described in said Report;
and
AGENDA ITEM # 8. b)
PAGE 4 OF 10
WHEREAS, the Applicant desires to acquire 0.1875 credits from the SMB, to compensate for
the Project’s anticipated 0.3749 acre(s) of indirect wetland impacts applying the adjustment
factor of 0.5 for indirect wetland impact (i.e. wetland buffer impacts) in accordance with
Section 4.3 of the Springbrook Bank Mitigation Banking Instrument; and
WHEREAS, the City desires to sell the Applicant 0.1875 mitigation credits from the SMB; and
WHEREAS, the City and the Applicant desire to enter into this Agreement to set forth the
terms and conditions pursuant to which the sale and transfer of aquatic resource mitigation
credits will be impacted.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby
agree as follows:
1. Purchase/Sale: The City hereby sells to Applicant and Applicant hereby buys from the
City 0.1875 mitigation credits on the terms, covenants, and conditions set forth in this
Agreement.
2. Compensation: The City has determined it to be in the City’s best interest to sell 0.1875
credits from the SMB to Applicant, at the rate of $1,321,875 per credit adjusted by a
factor of 0.5 for indirect wetland impacts (i.e. wetland buffer impacts), for the total
credit price of $247,851.56. The Applicant shall pay said sum upon execution of this
Agreement.
3. Effective Date: The effective date of the credit transaction shall be the date upon
which this Agreement is fully executed by both Parties, and payment to the City is
made as provided herein.
4. Project: The Project, permit(s), and related information is as follows:
A. Applicant’s Name, Address, Telephone Number, E‐mail Address:
Seattle Sounders FC
406 Occidental Avenue S., Seattle, WA 98104
(206) 512‐1240
mayam@soundersfc.com
AGENDA ITEM # 8. b)
PAGE 5 OF 10
B. Land Use Action Number: LUA22‐000357.
C. Brief Description of Impact(s) to be Compensated for by the Project Mitigation
Credits: Indirect Impacts to 0.3749 acres of Category II wetland.
D. Other Permits (as applicable): Construction Permit, Building Permit.
Construction Permit Number: C22005747.
* This Agreement does not relieve the Applicant from obtaining any required
federal, state, or local permits not related to wetland impacts.
5. Responsibility of the Applicant: Upon delivery of full payment as described above,
the obligations of the Applicant under this Agreement shall be satisfied.
6. Responsibility of the City:
A. The City certifies that sufficient credits are available in the SMB ledger to satisfy
the credit transaction called for in this Agreement. Upon Applicant’s payment of
the full purchase price as set forth in this Agreement, the City will provide the
Applicant with a receipt for the Applicant’s purchase of 0.1875 credits from the
SMB.
B. The City will record the transaction in the SMB ledger and make applicable
notifications and reports to the members of the IRT, pursuant to Section 4.4 of the
MBI.
C. Pursuant to 33 Code of Federal Regulations §332.3(l)(3), the City and its successors
and assigns, accept responsibility for providing mitigation in compensation for
aquatic resource function loss, equivalent to 0.1875 mitigation credits generated
through the establishment, management, and maintenance of the SMB, upon the
effective date of the credit transaction provided for under this Agreement.
7. Record Maintenance: The Applicant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and work provided in the
performance of this Agreement and retain such records for as long as may be required
by applicable Washington State records retention laws. The Applicant agrees to
provide access to and copies of any records related to this Agreement as required by
the City to audit expenditures and charges and/or to comply with the Washington
AGENDA ITEM # 8. b)
PAGE 6 OF 10
State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall
survive the expiration or termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Applicant shall make a due diligent
search of all records in its possession or control relating to this Agreement and the
Project, including, but not limited to, e‐mail, correspondence, notes, saved telephone
messages, recordings, photos, or drawings and provide them to the City for
production. In the event Applicant believes said records need to be protected from
disclosure, it may, at Applicant’s own expense, seek judicial protection. Applicant shall
indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees,
attendant to any claim or litigation related to a Public Records Act request for which
Applicant has responsive records and for which Applicant has withheld records or
information contained therein, or not provided them to the City in a timely manner
after notice of the request from the City to Applicant. Applicant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this
section shall survive the expiration or termination of this Agreement.
9. Successors and Assigns: N/A
10. Notices: Except for service of legal process, any notice required under this Agreement
will be in writing, addressed to the appropriate Party at the address which appears
below (as modified in writing from time to time by such Party), and given personally,
by registered or certified mail, return receipt requested, by email, or by nationally
recognized overnight courier service. Time period for notices shall be deemed to have
commenced upon the date of receipt, EXCEPT email delivery will be deemed to have
commenced on the first business day following transmission. Telephone may be used
for purposes of administering the Agreement but should not be used to give any
formal notice required by the Agreement.
CITY OF RENTON
Jill Ding
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430‐6598
jding@rentonwa.gov
APPLICANT
Seattle Sounders FC
Name:_Maya Mendoza‐Exstrom
Title: Chief Operating Officer
Address: 406 Occidental Avenue S.
Seattle, WA 98104
AGENDA ITEM # 8. b)
PAGE 7 OF 10
Phone:_(206) 512‐1240
E‐mail Address:
mayam@soundersfc.com
And Copy to City Clerk And Copy to:
cityclerk@rentonwa.gov Hillis Clark Martin & Peterson, P.S.
Attn: Ann Gygi
999 3rd Avenue, Suite 4600
Seattle, WA 98104
Email: ann.gygi@hcmp.com
11. Other Provisions:
A. No Interest in Property: This Agreement shall not be construed as a transfer of any
interest in property, real or personal, from one Party to the other.
B. Effect of Agreement: This Agreement does not in any manner affect the statutory
authorities and responsibilities of the Parties. This Agreement is not intended, nor
may it be relied upon, to create any rights or remedies in third parties enforceable
in litigation with the United States, the State of Washington, or any agency thereof.
C. Approval Authority. Each individual executing this Agreement on behalf of the City
and Applicant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Applicant.
D. General Administration and Management. The City’s project manager is Jill Ding,
Senior Planner, Community and Economic Development Department.
E. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
F. Conflicts. In the event of any inconsistencies between Applicant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments
to this Agreement are incorporated by reference only to the extent of the purpose
for which they are referenced within this Agreement. To the extent an Applicant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in
the body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
AGENDA ITEM # 8. b)
PAGE 8 OF 10
G. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton.
H. Joint Drafting Effort. This Agreement shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one
party or the other as a result of the preparation, substitution, submission or other
event of negotiation, drafting or execution.
I. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce
or interpret this Agreement or any of its terms or covenants shall be brought in the
King County Superior Court for the State of Washington at the Maleng Regional
Justice Center in Kent, King County, Washington, or its replacement or
successor. Applicant hereby expressly consents to the personal and exclusive
jurisdiction and venue of such court even if Applicant is a foreign corporation not
registered with the State of Washington.
J. Severability. A court of competent jurisdiction’s determination that any provision
or part of this Agreement is illegal or unenforceable shall not cancel or invalidate
the remainder of this Agreement, which shall remain in full force and effect.
K. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
L. Time is of the Essence. Time is of the essence of this Agreement and each and all
of its provisions in which performance is a factor.
M. Third‐Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole and exclusive benefit of the Parties and no one else.
N. Binding Effect. The Parties each bind themselves, their partners, successors,
assigns, and legal representatives to the other Party to this Agreement, and to the
partners, successors, assigns, and legal representatives of such other party with
respect to all covenants of the Agreement.
AGENDA ITEM # 8. b)
PAGE 9 OF 10
O.Waivers. All waivers shall be in writing and signed by the waiving party. Either
Party’s failure to enforce any provision of this Agreement shall not be a waiver and
shall not prevent either the City or Applicant from enforcing that provision or any
other provision of this Agreement in the future. Waiver of breach of any provision
of this Agreement shall not be deemed to be a waiver of any prior or subsequent
breach unless it is expressly waived in writing.
P.Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will
together constitute this one Agreement.
Q.Recording. A Notice of Wetland Mitigation Credit Sales in substantially the same
or similar form as that attached hereto as Exhibit A shall be recorded with the King
County Recorder’s office.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the
date last signed by the Parties below.
CITY OF RENTON
By:_____________________________
APPLICANT
By:____________________________
Armondo Pavone
Mayor
Name:Maya Mendoza-Exstrom
Title: COO
_____________________________
Date
3/15/2023_________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
AGENDA ITEM # 8. b)
PAGE 10 OF 10
By: __________________________
Shane Moloney
City Attorney
SMB NS Contract Template Updated CLB 2/15/23 (939)
AGENDA ITEM # 8. b)
Page 1
After recording return document to:
City of Renton
City Clerk’s Office
1055 South Grady Way
Renton, WA 98057
Grantor(s): City of Renton, a Washington municipal corporation
Grantee(s): Seattle Soccer, LLC, a Delaware corporation
Abbreviated Legal Description: PTN NW1/4 of Section 30, T23N, R5E,WM; and PTN NE1/4 and
SE1/4 of Section 25, T23N, R4E,WM; and PTN NW1/4 of Section 36, T23N, R4E,WM
Full Legal Description on Page(s) Exhibit A of document
Assessor’s Tax Parcel Number: 1253810090, 2523049004, 2523049019, 3623049002, and
1253810240
Reference Number of Related Documents: N/A
NOTICE OF WETLAND MITIGATION CREDIT SALES
SPRINGBROOK CREEK WETLAND MITIGATION BANK
NOTICE IS HEREBY GIVEN that on ________________________ the City of Renton, owner
of the Springbrook Creek Wetland Mitigation Bank, transferred zero point one eight seven five
(0.1875) of a wetland mitigation credit to Seattle Soccer, LLC dba Seattle Sounders FC.
No Interest in Property: The transfer of wetland mitigation credit(s) as contemplated herein
shall not be construed as a transfer of any interest in property, real or personal, from the City
of Renton to Seattle Soccer, LLC dba Seattle Sounders FC.
Project Name and Location: Approximately 30-acre Sounders FC Center at Longacres at 1901
Oaksdale Ave SW, Renton, WA 98057.
These credits are to be applied to the following permit/project:
Issuing Regulatory Agency: City of Renton
Issue Date: January 12, 2023
Permit/Project No.: LUA22-000357
Exhibit A - Notice of Wetland Mitigation Credit Sales
AGENDA ITEM # 8. b)
Page 2
Dated: , 2023.
Grantor:
City of Renton
By
Armondo Pavone
Its Mayor
ATTEST:
________________________________________
Jason A. Seth, City Clerk
AGENDA ITEM # 8. b)
Page 3
EXHIBIT A
Legal Description
Springbrook Creek Wetland and Habitat Mitigation Bank as established and described on
that certain Lot Line Adjustment LUA-06-095-LLA, recorded under King County recording
number 20060824900007;
Except therefrom any land transfers that have occurred since the Lot Line Adjustment
recording.
AGENDA ITEM # 8. b)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE VIII
OF THE RENTON MUNICIPAL CODE BY ADDING CHAPTER 9, AUTHORIZING
CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, in 2022, the Washington state legislature passed, and Governor Jay Inslee
signed, House Bill 1799, which included a requirement for cities with a population greater than
25,000 to adopt a compost procurement ordinance; and
WHEREAS, King County has a goal to achieve zero waste of resources by 2030, as stated
in the 2019 Comprehensive Solid Waste Management Plan; and
WHEREAS, the City of Renton adopted the King County 2019 Comprehensive Solid
Waste Management Plan; and
WHEREAS, diverting organic material from landfills and supporting end markets for
products made from those materials is an essential part of reaching King County’s zero waste
of resources goal and the City’s own sustainability goals; and
WHEREAS, landfilling organic materials reduces capacity at the Cedar Hills Regional
Landfill; and
WHEREAS, compost, when applied to soil, helps retain moisture and reduces the
potential for erosion and need for fertilizers; and
WHEREAS, the City will incorporate the new compost procurement requirements into
the City’s standard design details by 2024; and
WHEREAS, the City encourages private developers to adopt similar standards.
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits or are not explicitly repealed herein remain in effect and
unchanged.
SECTION II. Title VIII of the Renton Municipal Code is amended to add chapter 9,
entitled Compost Procurement, to read as follows:
Chapter 9
Compost Procurement
SECTION:
8-9-1: Purpose
8-9-2: Definitions
8-9-3: Compost Procurement Requirements
8-9-4: Outreach Requirements
8-9-5: Reporting Requirements
8-9-6: Private Developers
8-9-1 PURPOSE:
In 2022, the Washington state legislature passed, and Governor Jay Inslee signed,
House Bill 1799, which included a requirement for cities with a population greater
than 25,000 to adopt a compost procurement ordinance.
8-9-2 DEFINITIONS:
COMPOST: Whenever used in this section, compost is defined as a product
created with “composted material” as defined in RCW 70A.205.015(3). Compost
includes, but is not limited to, one hundred percent (100%) finished compost or
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
3
blends that include compost as a primary ingredient. Mulch is compost if it
contains a minimum of sixty percent (60%) composted material. Bark and wood
chips are not “compost.”
8-9-3 COMPOST PROCUREMENT REQUIREMENTS:
A. The City shall plan for the use of compost in the following categories:
1. Landscaping projects.
2. Construction and post-construction soil amendments.
3. Applications to prevent erosion, filter stormwater runoff, promote
vegetation growth, or improve the stability and longevity of roadways.
4. Low-impact development and green infrastructure to filter pollutants or
keep water on-site, or both.
This planning will be re-assessed each January of odd-numbered years, beginning
in 2025 and thereafter, as part of the reporting obligations in Section 8-9-5. Before
issuing a solicitation for bids or proposals, the City shall identify whether compost
can be utilized in the project. If compost can be utilized, the City shall use compost
to the extent required.
B. The City shall give priority to purchasing compost products from companies
that:
1. Produce compost products locally.
2. Are certified by the US Composting Council or an equivalent nationally
recognized organization.
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
4
3. Produce compost products that are derived from Renton’s solid waste
programs and meet quality standards comparable to standards adopted by the
Washington State Department of Transportation or adopted by rule by the
Washington State Department of Ecology.
C. The City is not required to use compost if
1. Compost is not available within a reasonable time or distance from the
project.
2. Compost that is available does not comply with existing purchasing
standards.
3. Compost that is available does not comply with federal, state or local
health, quality or safety standards.
4. Compost purchase prices are not reasonable or competitive.
5. Compost use is not applicable to the project based on the Renton Surface
Water Design Manual or other laws, regulations or manuals.
8-9-4 OUTREACH REQUIREMENTS:
A. The City must develop strategies to inform residents about the value of
compost and how the City uses compost in its operations.
B. The City encourages private developers to utilize the standards of this chapter.
8-9-5 REPORTING REQUIREMENTS:
The City must submit a report to the Washington State Department of Ecology by
December 31, 2024, and each December 31st of even-numbered years thereafter,
with the following information:
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
5
1. The total tons of organic material diverted from landfills throughout the
year.
2. The volume, cost, and source(s) of compost purchased by the City
throughout the year.
The Public Works Administrator will designate who shall be responsible for
collecting the information from other city departments and divisions and
reporting the above information to the Washington State Department of Ecology.
8-9-6 PRIVATE DEVELOPERS:
Reserved.
SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION V. This ordinance shall be in full force and effect thirty (30) days after
adoption. No later than five (5) days prior to such effective date, a summary consisting of this
ordinance's title shall be published in the City's official newspaper.
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
6
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2023.
__________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2023.
__________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
Date of Publication: ___________
ORD-PW: 2259: 3.10.23
AGENDA ITEM # 8. c)