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Final Agenda Packet
CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, September 11, 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) Welcoming Week 2023 - September 8 - 17, 2023 4. PUBLIC HEARING a) Street Vacation Petition, VAC-23-001 5. ADMINISTRATIVE REPORT a) Administrative Report 6. 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. 7. 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 August 14, 2023. Council Concur b) AB - 3412 Parks & Recreation Department - PPNR recommends approval to execute the Recreation and Conservation Office (RCO) Youth Athletic Facilities grant to accept $350,000 which will be leveraged for improvements at Talbot Hill Reservoir Park. This project consists of repairing and resurfacing the existing tennis and pickleball courts among other enhancements. Refer to Finance Committee c) AB - 3413 Parks & Recreation Department - PPNR recommends adoption of a resolution authorizing application to the State Recreation and Conservation Office (RCO) for a local Parks Maintenance grant in the amount of $100,000 for the Coulon Park Pathways and Parking Lots project. Refer to Finance Committee d) AB - 3410 Police Department recommends approval of Cost Reimbursement Agreement with the King County Sheriff's Office in order to receive up to $14,100.59 for reimbursement of overtime costs associated with verifying addresses and residency status of registered sex and kidnapping offenders. Refer to Finance Committee e) AB - 3414 Public Works Administration recommends approval to execute Interagency Agreement No. SWMLSWFA-2023-Renton-00124 with the Washington State Department of Ecology to accept $132,983 in grant funds to implement a recycling and organics technical assistance program for businesses. Refer to Finance Committee f) AB - 3415 Public Works Administration recommends approval to execute an Interagency Agreement with King County for the for the 2023-2024 Re+ program to accept $100,000 in grant funds to implement a recycling and organics technical assistance program for businesses. Refer to Finance Committee g) AB - 3416 Public Works Transportation Systems Division recommends approval to execute Change Order No. 5 to CAG-22-163, contractor Pivetta Brother's Construction, Inc., in the amount of $174,913.89 to eliminate discontinuities between Schedule 40 PVC pipes and Schedule 80 PVC pipes under the roadway, for the Rainier Ave S Corridor Improvements - Phase 4 project. Refer to Transportation (Aviation) Committee h) AB - 3422 Public Works Transportation Systems Division recommends approval to execute Change Order No. 6 to CAG-22-163, contractor Pivetta Brother's Construction, Inc., in the amount of $130,000, for revised plans for the clearing and grubbing of grass, shrubs, and trees for the Rainier Ave S Corridor Improvements - Phase 4 project. Refer to Transportation (Aviation) Committee i) AB - 3419 Public Works Transportation Systems Division recommends adoption of a resolution setting October 2, 2023 as a Public Hearing date to consider the adoption of an ordinance amending Renton Municipal Code 5-27 to authorize the Renton City Council to assume governance of the Renton Transportation Benefit District. Refer to Finance Committee j) AB - 3418 Public Works Utility Systems Division recommends adoption of an ordinance approving the 2024 King County wastewater treatment charge pass through rate increase of 5.75 percent to match King County's adopted rate, effective January 1, 2024. Refer to Utilities Committee k) AB - 3420 Public Works Utility Systems Division recommends adoption of an ordinance authorizing the aquisition of easements utilizing eminent domain and approval to execute a Permanent Utility Easement, Temporary Construction Easement, and Purchase and Sale agreements with Segale Properties, LLC, in the amount of $4,336,732, for the construction of the Monroe Ave NE Infiltration Facility project. Refer to Utilities Committee 8. 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; Amendment to Interlocal Agreement to Support Regional Economic Development (Startup425); Agreement with Washington State Administrative Office of the Courts for the Therapeutic Courts Interagency Agreement; Amendment with Graham Baba Architects to Provide Full Design Services for Pavilion Market Project 9. LEGISLATION 10. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 11. 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 ArmondoPavoneMayorPROCLAMATIONMlhereas,theCityofRentonisproudtojoinWelcomingAmerica,anationalnonpartisan,nonprofitorganization,tobringtogetherneighborsofallbackgroundstobuildstrongconnections,andaffirmtheimportanceofwelcomingandinclusiveplacesinachievingcollectiveprosperity;andWhereas,agrowinginitiativeacrosstheworld,WelcomingWeekispartofaninclusivevisionthatrecognizesbeingawelcomingcommunitymakesusstrongerinallaspects;inRenton,itisanopportunityforustoreaffirmthatwearegreaterwhenwebelong,andallourcontributionsarewantedandrespected;andWhereas,abeaconofhopeandfreedom,Rentonhassymbolizedopportunity,diversity,andprosperityforgenerationsofimmigrantsandrefugees;and\Vhereas,Rentonisstrengthenedbythediversityofourimmigrantandrefugeepopulationsthatareavitalpartofourcommunities,bybringingideas,startingbusinesses,servingincivicroles,workinginessentialindustries,andcontributingtothevibrantdiversityofWashington;andWhereas,theCityofRentonhasanespeciallyproudhistoryofwelcomingpeoplefromcountriesaroundtheworld,recognizingthatouradvancementasacommunitydependsonacontinuousflowofnewimmigrantlife;andMlhereas,thewillingnesstoopenourheartstofellowhumanbeingsisacharacteristicallRentonresidentsshareandvalue,andourwholecommunitybenefitswhenwefosterawelcomingenvironmentbyextendingsupporttoothersinneed;andWhereas,regardlessofwherewearebornorwhatwelooklike,weareresidentsunitedinoureffortstobuildastrongercommunity;Now,therefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimSeptember8-17,2023,tobeWelcomingWeek2023intheCityofRenton,andIencourageallresidentstojoinmeinthisspecialobservance.Inwitnesswhereof,IhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis11thdayofSeptember,2023.ArmonPon,ayorCityRentn,WashingtonRtonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. a) VACATIONPETITIONVAC-23-001- KENNYDALE ALLEYWAYLYING BETWEENN 31ST& N 32NDANDPARKAVEN ANDBURNETTAVENPublic HearingSeptember 11, 2023Amanda Free, MPA, PLSafree@rentonwa.govAGENDA ITEM #4. a) LOCATIONAGENDA ITEM #4. a) BACKGROUND•Updated Petition verified July 17, 2023.•Pursuant to State and City Code, more than 2/3 of the abutting owners must sign the petition – 83% for this petition. The petition includes 41 properties.•The vacation petition is to vacate approximately 13,800 sqft of alleyway that was dedicated from the original plat CD Hillman Garden of Eden in 1904.•This alleyway is located in an area that was annexed to the city in 1969.AGENDA ITEM #4. a) BACKGROUND•This petition was initiated by the property owners and was not required by an active land development project.•Alleyway construction is occurring on the 4 lots on the west portion of the alley for new homes with alley access on the north. These 4 lots are not included in this petition.AGENDA ITEM #4. a) VACATIONLOCATIONAGENDA ITEM #4. a) STAFFREVIEW•Vacation request was circulated to various City departments and outside agencies for comments.•Comments provided in regards to future development of the block:The right‐of‐way would serve future residences as they redevelop and improve the alley abutting their property frontage. The vacation would result in driveways and curb‐cuts along the new sidewalks/planter strips located along N 31stSt and N 32ndSt. The architecture of the future residences would also have garage opening along the street facing façade. The new curb cuts along the future sidewalk and planter strip would reduce the capacity of on‐street parking. Curb cuts also create conflicts with pedestrians and vehicles as they cross the sidewalk to enter their respective driveways/garages.•Overall no objections were raised for the vacation.AGENDA ITEM #4. a) STAFFRECOMMENDATIONThe Community and Economic Development Department recommends that Council approve the request to vacate subject to the following conditions:•Petitioner provide an appraisal of the vacation area.AGENDA ITEM #4. a) NEXTSTEPS•Hear public testimony tonight.•After the close of the public hearing, Council may either approve or deny the vacation petition.•If the Council approves the petition, the petitioner will be required to submit an appraisal.•Once the appraisal has been reviewed, staff will return to Council with recommendation for compensation and Council will set the amount.AGENDA ITEM #4. a) COMMENTS ORQUESTIONS•City staff – Amanda Free, MPA, PLSEmail ‐afree@rentonwa.govPhone ‐425.430.7369AGENDA ITEM #4. a) Mayor’s Office Memorandum DATE: September 11, 2023 TO: Valerie O’Halloran, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • Renton Farmers Market will change operating hours for its final two dates of September 19 and 26 to 2:00pm-6:00pm. Tomorrow’s Market on September 12 will run as regularly scheduled from 3:00pm-7:00pm; . Find us at Piazza Park, corner of S 3rd Street and Logan Ave S, with free parking in the City Parking Garage, located off S 2nd Street between Burnett and Logan Avenues. Find Renton Farmers Market on Facebook and Instagram and www.rentonfarmersmarket.com for the most up-to- date details. • Information about preventative street maintenance, traffic impact projects, and road closures 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, September 11 through Friday, September 15, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on NE 12th St and Jefferson Ave NE for utility installation. Questions may be directed to Brad Stocco, 425-282-2373. Monday, September 11 through Friday, September 15, 8:00 a.m. to 3:00 p.m. Road closure on Kirkland Ave NE between NE Sunset Blvd and NE 12th St for utility installation. Detour route will be provided. Questions may be directed to Brad Stocco, 425-282-2373. Monday, September 11 through Friday, September 15, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on Lincoln Ave NE at the 4100 block for construction work. Questions may be directed to Kip Braaten, 206-503-1746. Monday, September 11 through Friday, September 15, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on Park Ave N between N 3rd St and N 4th St for construction work. Questions may be directed to Pat Decaro, 425-207-6013. AGENDA ITEM #5. a) Valerie O’Halloran, Council President Members of Renton City Council Page 2 of 2 September 11, 2023 Monday, September 11 through Friday, September 15, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on westbound Park Ave N at Logan Ave N for construction work. Questions may be directed to Joel McCann, 425-757-9595. Monday, September 11 through Friday, September 15, 8:00 a.m. to 3:00 p.m. 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. Ongoing Street Closure through October 4, 2023 (City of Renton Resolution No. 4446). 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 #5. a) August 14, 2023 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, August 14, 2023 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Pro Tem O'Halloran 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, Mayor Pro Tem Ed Prince, Council President Pro Tem 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 Ed VanValey, Chief Administrative Officer Patrice Kent, Senior Assistant City Attorney Jason Seth, City Clerk Vanessa Dolbee, Interim Community & Economic Development Administrator John Collum, Redevelopment Manager Commander Chandler Swain, Police Department Attended Remotely: Judith Subia, Council Liaison Lori Fleming, Human Services Coordinator Martin Pastucha, Public Works Administrator 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: AGENDA ITEM #7. a) August 14, 2023 REGULAR COUNCIL MEETING MINUTES • Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS • Eric Eckstein, Renton, expressed support for the Renton Connector project and stated that a parking plan agreeable to all parties can be achieved. He also recommended diagonal parking to preserve the most parking spots. • Diane Dobson, Renton, speaking on behalf of the Renton Chamber of Commerce, expressed concern about the public process for the Pavilion Building project. She stated that many residents and downtown business owners voiced concerns about the project and wanted to make sure their voices were being heard. 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. Approval of Council Meeting minutes of August 7, 2023. Council Concur. AB - 3408 Community & Economic Development Department recommends approval of Amendment No. 1 to the Interlocal Agreement Establishing a Cooperative Effort to Support Regional Economic Development (Startup 425) between the cities of Bellevue, Issaquah, Kirkland, and Redmond, in the amount of $12,200, for work that broadens the scope of activities and programming for Startup 425. Refer to Finance Committee. AB - 3406 Executive Services Department recommends approval to purchase the Artic Wolf Managed Detect & Response software system from Right! Systems, Inc., in the amount of $110,391.93. This software is a managed Security Information and Event Management (SIEM) solution to assist with the management of cybersecurity. Council Concur. AB - 3404 Municipal Court recommends approval of a one-year Therapeutic Courts Interagency Agreement, issued by the Administrative Office of the Court, to accept $168,617.64 to assist with expenses associated with the operation of the Renton Municipal Court. Refer to Finance Committee. AB - 3407 Police Department recommends approval of the Interlocal Agreement for School Resource Officers, with the Renton School District, whereby the district pays $85,000 per School Resource Officer for the 2023-2024 school year. Refer to Public Safety Committee. AB - 3400 Public Works Facilities Division recommends approval of an agreement with Graham Baba Architects, in the amount of $745,117, for full design services for the proposed Pavilion project. Refer to Finance Committee. AB - 3400 Public Works Facilities Division recommends approval of an agreement with Graham Baba Architects, in the amount of $745,117, for full design services for the proposed Pavilion project. Refer to Finance Committee. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE CONSENT AGENDA AS PRESENTED. CARRIED. AGENDA ITEM #7. a) August 14, 2023 REGULAR COUNCIL MEETING MINUTES 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) Community Services Committee: Chair Rivera presented a report recommending concurrence in the staff recommendation to approve the appointment of Gabriel Jones to the Equity Commission in the youth position for a term expiring 12/31/2025. MOVED BY RIVERA, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Public Safety Committee: Chair Vǎn presented a report recommending concurrence in the staff recommendation to approve the Memorandum of Understanding between the Federal Bureau of Investigations (Joint Terrorism Task Force, JTTF) and the Renton Police Department for the purpose of information sharing and offering local assistance to federal investigations within or having a nexus to the City of Renton. MOVED BY VǍN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Finance Committee: Chair Pérez presented a report recommending approval of the following payments: 1. Accounts Payable – total payment of $36,080,658.92 for vouchers 10668-10681, 10684- 10690, 409620-409907, 409909-409928, 409937-409943, 410198-410512; payroll benefit withholding vouchers 7166-7189, 409611-409618, 409929-409936 and 5 wire transfers. 2. Payroll – total payment of $3,962,448 for payroll vouchers that include 1,541 direct deposits and 56 checks. (06/16/2023-06/30/2023 and 07/01/2023-07/15/2023 pay periods). 3. Kidder Mathews vouchers 1437-1459 totaling $62,083.51. 4. Municipal Court vouchers 018305-018324 totaling $7,797.92. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. d) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff recommendation to authorize the Mayor and City Clerk to enter into an agreement with Fresh Family LLC Trucking dba Fresh Family in the amount of $216,000 to provide cleaning services for the Renton Downtown Business District. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. e) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff recommendation to approve the requested fee waivers, totaling $2,760.00 in temporary open space rental, use and application fees. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #7. a) August 14, 2023 REGULAR COUNCIL MEETING MINUTES f) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff recommendation to authorize the Mayor and City Clerk to execute the United Way of King County Grantee Agency Funding Contract from June 1, 2023, to August 31, 2023, Contract No. 15980, from United Way of King County, and allocate a $9,500.00 grant award to support the 2023 Summer Meals Program in King County. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. g) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff recommendation to approve Amendment No. 2 to CAG-22-216, King County Community Development Joint Agreement City Contract 2021/2022, for Community Development Block Grant funds allocated to the Streetscapes Improvement Project – Phase 2 and authorize the Mayor and City Clerk to execute the amendment. The Committee further recommends authorization of an additional budget appropriation of $664,646 from the 2022 and 2023 CDBG funds and approval of the proposed revision to the 2022 CDBG Funding Contingency Plan. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. h) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff recommendation to award the construction contract for the Downtown Core Streetscape Phase 2 – Williams Avenue South Project CAG-23-241 to the lowest responsive and responsible bidder, Active Construction, in the amount of $1,109,109 and authorize an additional budget appropriation in the amount of $664,646 offset by additional CDBG revenues of the same amount, which when coupled with the previously authorized budget, will cover the outstanding project costs including the construction contract. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. i) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff recommendation to authorize the Administration to compensate candidate for the position of Police Communications and Engagement Manager, Meegan Black, at Step E of salary grade m30 upon hire date. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. j) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff recommendation to authorize the Mayor, or designees, to negotiate and execute all necessary agreements to acquire and sell the property at 15908 Southeast 175th St, Renton, Washington, 98058 as part of a settlement of the City's civil drug forfeiture claim to the property and authorize necessary funds be spent in furtherance of the acquisition and sale of the property. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. k) Finance Committee: Chair Pérez recommended concurrence in the staff recommendation to authorize the mayor to sign the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2023 MOU in order to accept $35,106 in grant funds to assist police operations. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #7. a) August 14, 2023 REGULAR COUNCIL MEETING MINUTES LEGISLATION Ordinances for second and final reading: a) Ordinance No. 6115: An ordinance was read establishing a Transportation Benefit District within the Corporate City Limits, providing for Transportation Improvements within the District, adopting a New Chapter 27, Renton Municipal Code, Title V, Finance and Business Regulation, “Transportation Benefit District”, and providing for Severability, and Establishing an Effective Date. MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. b) Ordinance No. 6116: An ordinance was read amending the City’s Comprehensive Plan Land Use Map, and the Zoning Map of the Renton Municipal Code by applying the Residential High Density Land Use Designation and applying the Commercial Neighborhood Zoning District to three parcels adjacent to North 30th Street, providing for severability, and establishing an effective date. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) ADJOURNMENT MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED. Time: 7:26 PM Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 14 Aug 2023 AGENDA ITEM #7. a) Council Committee Meeting Calendar August 14, 2023 August 21, 2023 Monday Council Holiday – No Meetings August 28, 2023 Monday 5th Monday – No Meetings September 4, 2023 Monday Labor Day Holiday – No Meetings September 11, 2023 Monday 4:00 PM Community Services Committee, Chair Rivera Location: Council Conference Room/Videoconference 1. Severe Weather Shelter Update 4:45 PM Finance Committee, Chair Pérez Location: Council Conference Room/Videoconference 1. Amendment to Interlocal Agreement to Support Regional Economic Development (Startup425) 2. Agreement with Washington State Administrative Office of the Courts for the Therapeutic Courts Interagency Agreement 3. Amendment with Graham Baba Architects to Provide Full Design Services for Pavilion Market Project 4. Vouchers 5. Emerging Issues in Finance 6:00 PM Planning & Development Committee, Chair Prince Location: Council Conference Room/Videoconference 1. Docket 18, Group C Update D‐229: Eating and Drinking and Other Food‐Related Land Uses D‐330: Sports Arenas, Auditoriums and Exhibition Halls 2. Comprehensive Plan Update 3. Emerging Issues in CED CANCELED Committee of the Whole, Chair O’Halloran 7:00 PM Council Meeting Location: Council Chambers/Videoconference AGENDA ITEM #7. a) AB - 3412 City Council Regular Meeting - 11 Sep 2023 SUBJECT/TITLE: Talbot Hill Reservoir Park Sport Courts: Youth Athletic Facilities Grant Agreement RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Parks & Recreation Department - PPNR STAFF CONTACT: Jason Lederer, Parks Planning Manager EXT.: 6547 FISCAL IMPACT SUMMARY: The Youth Athletic Facilities grant administered by the State Recreation and Conservation Funding Board (RCFB) and the Recreation and Conservation Office (RCO) will generate $350,000 in revenue. The total cost of the Talbot Hill Reservoir Park Sport Courts project per the grant agreement is $763,732.00. The City is required to provide matching funds for the grant, and the grant agreement specified the City portion of the project costs are $413,732.00, or 54.17%. Matching funding for the Talbot Hill Reservoir Park Sport Courts project has been allocated in the City 316 Fund (Municipal Facilities Capital Improvement Program) 316.332082.020.594.76.63.000. SUMMARY OF ACTION: In 2022, City Council authorized staff to apply for a Youth Athletic Facilities (YAF) grant via Resolution 4772. Staff applied for the maximum $350,000 grant amount in 2022 and received a notice of a full award in 2023. This grant funding leverages the City 316 Fund (Municipal Facilities Capital Improvement Program). The project consists of repairing and resurfacing the existing tennis and pickleball courts, including the conversion of one tennis courts to two pickleball courts to accommodate increasing dem and. Additional project elements include installation of new park amenities including a covered seating area, water fountain, bike rack, benches, refuse containers and paddle holders. The existing parking lot will be renovated with seal coat, curbing, striping, and enhanced signage. Due to the age of the reservoir at Talbot Hill Reservoir Park (>50 years) atop which the sport courts sit, the grant agreement requires compliance with Executive Order 21 -02, which requires a cultural resources survey be completed documenting any above or below ground archaeological resources as well as any possible historic structures or buildings that may be affected by the project in advance of any project -related ground disturbance at the site. EXHIBITS: A. Grant Agreement B. Project Location Map STAFF RECOMMENDATION: Authorize the Mayor and the City Clerk to execute the RCO Grant Agreement with the State of Washington per Resolution 4772. Adjust the budget to reflect the grant funding. AGENDA ITEM #7. b) RCO Grant Agreement Project Sponsor:City of Renton Project Number:22-1696D Project Title:Talbot Hill Reservoir Park Sport Courts Approval Date:06/28/2023 RCO: 22-1696 Revision Date: 5/1/2023 Page 1 of 21 PARTIES OF THE AGREEMENT This Recreation and Conservation Office Grant Agreement (Agreement) is entered into between the State of Washington by and through the Recreation and Conservation Funding Board (RCFB or funding board) and the Recreation and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Renton (Sponsor, and primary Sponsor), 1055 S Grady Way, Renton, WA 98057, and shall be binding on the agents and all persons acting by or through the parties. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors (and on file with the RCO), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project identified above, including but not limited to, full authority to: (1) sign a grant application for grant assistance, (2) enter into this Agreement on behalf of the Sponsor(s), including indemnification, as provided therein, (3) enter any amendments thereto on behalf of Sponsor(s), and (4) make any decisions and submissions required with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant Resolution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally authorized Representative/Agency(s). Unless a new Applicant Resolution/Authorization has been provided, the RCO shall proceed on the basis that the person who is listed as the Authorized Representative in the last Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement (including any amendments thereto) and decisions related to implementation of the Agreement. B. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally bind the Sponsor as described in the above Sections. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section). PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the State Building Construction Account of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO). DESCRIPTION OF PROJECT The City of Renton will use this grant to design and improve tennis and pickleball courts in Talbot Hill Reservoir Park. The courts are the only dedicated pickleball courts in the city, but are in poor condition, with slopes, lack of barriers between the court backlines, and pooling water that creates slippery conditions. The City will convert a tennis court to two pickleball courts and improve drainage and the court surface on the existing pickleball and tennis courts. The City also will install fencing, a covered seating area, a water fountain, a bike rack, benches, garbage containers, and paddle holders. The City also will renovate the parking lot. The primary recreation opportunities provided by this project are pickleball and tennis. PERIOD OF PERFORMANCE The period of performance begins on July 1, 2023 (project start date) and ends on December 31, 2025 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO manuals as of the effective date of this Agreement. The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the project end date. AGENDA ITEM #7. b) RCO: 22-1696 Revision Date: 5/1/2023 Page 2 of 21 STANDARD TERMS AND CONDITIONS INCORPORATED The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference as part of this Agreement. LONG-TERM OBLIGATIONS For this development project, the Sponsor’s long-term obligations for the project area shall be for 20 years from project completion, or as otherwise provided for in this Agreement, or as approved by the funding board or RCO. PROJECT FUNDING The total grant award provided for this project shall not exceed $350,000.00. The RCO shall not pay any amount beyond that approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated below: Percentage Dollar Amount Source of Funding RCFB - YAF - Large 45.83% $350,000.00 State Project Sponsor 54.17% $413,732.00 Total Project Cost 100.00% $763,732.00 RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor’s application and the project summary and eligible scope activities under which the Agreement has been approved and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. “Agreement” as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. AMENDMENTS TO AGREEMENT Except as provided herein, no amendment (including without limitation, deletions) of this Agreement will be effective unless set forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need only be signed by RCO’s director or designee and consented to in writing (including email) by the Sponsor’s Authorized Representative/Agent or Sponsor’s designated point of contact for the implementation of the Agreement (who may be a person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or minor scope adjustments. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO manuals or on the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless otherwise expressly stated in the amendment. For the purpose of this Agreement, WAC Title 286, RCFB policies shall apply as terms of this Agreement. AGENDA ITEM #7. b) RCO: 22-1696 Revision Date: 5/1/2023 Page 3 of 21 For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this Agreement: Development Projects - Manual 4 Long Term Obligations - Manual 7 Reimbursements - Manual 8 Youth Athletic Facilities - Manual 17 SPECIAL CONDITIONS None SPECIAL CONDITIONS - CULTURAL RESOURCES CONDITION APPLIES TO THE FOLLOWING AREA(S): Area of Work - no ground disturbance State - RCO Lead: Survey required: This agreement requires compliance with Executive Order 21-02. RCO has completed the initial consultation for this project and a cultural resources survey is required. The cultural resources survey must include documentation of any above or below ground archaeological resources as well as any possible historic structures or buildings that may be affected by the project. The Sponsor must submit the results of the cultural resources survey to RCO and receive a notice of cultural resources completion. Ground disturbance started without approval will be considered a breach of contract. If archaeological or historic materials are discovered while conducting ground disturbing activities, work in the immediate vicinity must stop and the Sponsor must ensure compliance with the provisions found in this agreement. All cultural resources work must meet reporting guidelines outlined by the Department of Archaeology and Historic Preservation. AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or the email address listed below: Sponsor Project Contact Jason Lederer Parks Planning Manager 1055 S Grady Way Renton, WA 98057 jlederer@rentonwa.gov RCO Contact Hayley Edmonston Outdoor Grants Manager PO Box 40917 Olympia, WA 98504-0917 hayley.edmonston@rco.wa.gov These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized Representative/Agent, who may or may not be the Project Contact for purposes of notices and communications. ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. EFFECTIVE DATE Unless otherwise provided for in this Agreement, this Agreement, for Project 22-1696, shall become effective and binding on the date signed by both the sponsor and the RCO’s authorized representative, whichever is later (Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO. The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT. The signatories listed below represent and warrant their authority to bind the parties to this Agreement. AGENDA ITEM #7. b) RCO: 22-1696 Revision Date: 5/1/2023 Page 4 of 21 City of Renton By: Date: Name (printed): Title: State of Washington Recreation and Conservation Office On behalf of the Recreation and Conservation Funding Board (RCFB or funding board) By: Date: Megan Duffy Director Recreation and Conservation Office Pre-approved as to form: By: Date:05/01/2023 Assistant Attorney General FOR AGENDA ITEM #7. b) RCO Grant Agreement Project Sponsor:City of Renton Project Number:22-1696D Project Title:Talbot Hill Reservoir Park Sport Courts Approval Date:06/28/2023 RCO: 22-1696 Revision Date: 5/1/2023 Page 5 of 21 Eligible Scope Activities ELIGIBLE SCOPE ACTIVITIES Development Metrics Worksite #1, Tennis and Pickleball Courts General Site Improvements Install site furnishings Select the site furniture / amenities :Benches, Bike racks, Drinking fountains, Other, Picnic tables, Recycling/Trash receptacles Landscaping improvements Acres of landscaped area :0.25 Select the landscape features:Trees/shrubs Parking and Roads Parking development Number of vehicle parking stalls:0 new, 14 renovated Number of vehicle with trailer parking stalls:0 new, 0 renovated Number of accessible parking stalls: Vehicle 1 Select the parking surfaces :Asphalt Select the parking enhancements:Curbs, Seal coating, Striping Site Preparation General site preparation Sport Courts Pickleball development Number of pickleball courts:2 new, 3 renovated Number of pickleball courts with lighting:0 new, 0 renovated Lighting not proposed because of the difficulty of running electrical given the site limitations. Surface types for pickleball courts: Impervious 5 Select the pickleball court renovation elements:Add/upgrade court amenities, Replace surface Tennis court development Number of tennis courts:0 new, 2 renovated Number of tennis courts with lighting:0 new, 0 renovated Surface types for tennis courts : Impervious 2 Select the tennis court renovation elements:Add/upgrade court amenities, Replace surface Permits Obtain permits Architectural & Engineering Architectural & Engineering (A&E) AGENDA ITEM #7. b) RCO Grant Agreement Project Sponsor:City of Renton Project Number:22-1696D Project Title:Talbot Hill Reservoir Park Sport Courts Approval Date:06/28/2023 RCO: 22-1696 Revision Date: 5/1/2023 Page 6 of 21 Project Milestones PROJECT MILESTONE REPORT Complete Milestone Target Date Comments/Description Project Start 07/01/2023 Applied for Permits 08/01/2023 60% Plans to RCO 09/01/2023 Cultural Resources Documents 12/01/2023 DAHP has requested an HPI form for the park be completed for this project. Cultural Resources Study 12/01/2023 Cultural Resources Survey Required, See Special Conditions Progress Report Due 12/31/2023 Cultural Resources Complete 02/01/2024 IDP Required, See Special Conditions Design Initiated 03/01/2024 Contract executed for design or design/build Progress Report Due 06/30/2024 All Bid Docs/Plans to RCO 07/01/2024 Bid Awarded/Contractor Hired 07/01/2024 Annual Project Billing Due 07/31/2024 RCO Notice to Proceed 08/01/2024 Required before construction can begin Construction Started 12/01/2024 Progress Report Due 12/31/2024 50% Construction Complete 05/01/2025 RCO Interim Inspection 05/01/2025 Progress Report Due 06/30/2025 90% Construction Complete 07/01/2025 Annual Project Billing Due 07/31/2025 Construction Complete 08/15/2025 Funding Acknowl Sign Posted 09/15/2025 RCO Final Inspection 09/30/2025 Final Billing Due 10/15/2025 Final Report Due 10/20/2025 Agreement End Date 12/31/2025 AGENDA ITEM #7. b) RCO Grant Agreement Project Sponsor:City of Renton Project Number:22-1696D Project Title:Talbot Hill Reservoir Park Sport Courts Approval Date:06/28/2023 RCO: 22-1696 Revision Date: 5/1/2023 Page 7 of 21 Standard Terms and Conditions of the Recreation and Conservation Office Table of Contents STANDARD TERMS AND CONDITIONS EFFECTIVE DATE......................................................................................................8 CITATIONS, HEADINGS AND DEFINITIONS ..............................................................................................................................8 PERFORMANCE BY THE SPONSOR........................................................................................................................................11 ASSIGNMENT.............................................................................................................................................................................11 RESPONSIBILITY FOR PROJECT.............................................................................................................................................11 INDEMNIFICATION.....................................................................................................................................................................11 INDEPENDENT CAPACITY OF THE SPONSOR.......................................................................................................................12 CONFLICT OF INTEREST..........................................................................................................................................................12 COMPLIANCE WITH APPLICABLE LAW...................................................................................................................................12 ARCHAEOLOGICAL AND CULTURAL RESOURCES...............................................................................................................13 RECORDS...................................................................................................................................................................................14 PROJECT FUNDING...................................................................................................................................................................14 PROJECT REIMBURSEMENTS.................................................................................................................................................15 RECOVERY OF PAYMENTS......................................................................................................................................................15 COVENANT AGAINST CONTINGENT FEES.............................................................................................................................15 INCOME (AND FEES) AND USE OF INCOME...........................................................................................................................16 PROCUREMENT REQUIREMENTS...........................................................................................................................................16 TREATMENT OF EQUIPMENT AND ASSETS...........................................................................................................................16 RIGHT OF INSPECTION.............................................................................................................................................................17 STEWARDSHIP AND MONITORING .........................................................................................................................................17 PREFERENCES FOR RESIDENTS............................................................................................................................................17 ACKNOWLEDGMENT AND SIGNS............................................................................................................................................17 PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS ..........17 LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS .....................................................................................18 CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS .....................................................18 ORDER OF PRECEDENCE........................................................................................................................................................19 LIMITATION OF AUTHORITY.....................................................................................................................................................19 WAIVER OF DEFAULT ...............................................................................................................................................................19 APPLICATION REPRESENTATIONS – MISREPRESENTATIONS OR INACCURACY OR BREACH .....................................19 SPECIFIC PERFORMANCE .......................................................................................................................................................19 TERMINATION AND SUSPENSION...........................................................................................................................................20 DISPUTE HEARING....................................................................................................................................................................21 ATTORNEYS’ FEES....................................................................................................................................................................21 GOVERNING LAW/VENUE.........................................................................................................................................................21 SEVERABILITY ...........................................................................................................................................................................21 END OF STANDARD TERMS AND CONDITIONS.....................................................................................................................21 AGENDA ITEM #7. b) RCO: 22-1696 Revision Date: 5/1/2023 Page 8 of 21 STANDARD TERMS AND CONDITIONS EFFECTIVE DATE This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 07/10/2023. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the effective date of any amendment thereto. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: Agreement, terms of the Agreement, or project agreement – The document entitled “RCO GRANT AGREEMENT” accepted by all parties to the present project and transaction, including without limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement subject to any limitations on their effect under this Agreement. applicable manual(s), manual – A manual designated in this Agreement to apply as terms of this Agreement, subject (if applicable) to substitution of the “RCO director” for the term “board” in those manuals where the project is not approved by or funded by the referenced board, or a predecessor to the board. applicable WAC(s) – Designated chapters or provisions of the Washington Administrative Code that apply by their terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement, subject to substitution of the “RCO director” for the term “board” or “agency” in those cases where the RCO has contracted to or been delegated to administer the grant program in question. applicant – Any party, prior to becoming a Sponsor, who meets the qualifying standards/eligibility requirements for the grant application or request for funds in question. application – The documents and other materials that an applicant submits to the RCO to support the applicant’s request for grant funds; this includes materials required for the “Application” in the RCO’s automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. Authorized Representative/Agent – A Sponsor’s agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor’s signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. C.F.R. – Code of Federal Regulations completed project or project completion – The status of a project when all of the following have occurred: The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. A final project report is submitted to and accepted by RCO. Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. A final reimbursement request has been delivered to and paid by RCO. Documents affecting property rights (including RCO’s as may apply) and any applicable notice of grant, have been recorded (as may apply). contractor – An entity that receives a contract from a Sponsor related to performance of work or another obligation under this Agreement. conversion – A conversion occurs 1) when facilities acquired, developed, renovated or restored within the project area are changed to a use other than that for which funds were approved, without obtaining prior written formal RCO or board approval, 2) when property interests are conveyed to a third party not otherwise eligible to receive grants in the program from which funding was approved without obtaining prior written formal RCO or board approval, or 3) when obligations to operate and maintain the funded property are not complied with after reasonable opportunity to cure. AGENDA ITEM #7. b) RCO: 22-1696 Revision Date: 5/1/2023 Page 9 of 21 Cultural Resources – Archaeological or historic archaeological sites, historic buildings/structures, and cultural or sacred places. development project – A project that results in the construction of, or work resulting in, new elements, including but not limited to structures, facilities, and/or materials to enhance outdoor recreation resources. A development project may also involve activities that redevelop or renovate an existing facility, and these may occur exclusively in the project or in combination with new construction. For projects in the Boating Facilities Program, the term “development project” includes all of the above and may also include those activities that are defined as maintenance in 50 C.F.R 86. director – The chief executive officer of the Recreation and Conservation Office or that person’s designee. effective date – The date when the signatures of all parties to this agreement are present in the agreement. equipment – Tangible personal property (including information technology systems) having a useful service life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the Sponsor or $5,000 (2 C.F.R. Part 200 (as updated)). funding board or board – The Washington State Recreation and Conservation Funding Board, or the Washington State Salmon Recovery Funding Board. Or both as may apply. Funding Entity – the entity that approves the project that is the subject to this Agreement. grant program – The source of the grant funds received. May be an account in the state treasury, or a grant category within a larger grant program, or a federal source. long-term compliance period – The term of years, beginning on the end date of the agreement, when long-term obligations exist for the Sponsor. The start date and end date of the compliance period may also be prescribed by RCO per the Agreement. long-term obligations – Sponsor’s obligations after the project end date, as specified in the Agreement and manuals and other exhibits as may apply. landowner agreement – An agreement that is required between a Sponsor and landowner for projects located on land not owned, or otherwise controlled, by the Sponsor. match or matching share – The portion of the total project cost provided by the Sponsor. milestone – An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. Office – Means the Recreation and Conservation Office or RCO. pass-through entity – A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 CFR 200 (as updated)). If this Agreement is a federal subaward, RCO is the pass-through entity. period of performance – The period beginning on the project start date and ending on the project end date. pre-agreement cost – A project cost incurred before the period of performance. primary Sponsor – The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer the grant. Administration includes but is not limited to acting as the fiscal agent for the grant (e.g. requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its officers, employees, agents and successors. project – The undertaking that is funded by this Agreement either in whole or in part with funds administered by RCO. project area - A geographic area that delineates a grant assisted site which is subject to project agreement requirements. project completion or completed project – The status of a project when all of the following have occurred: The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. A final project report is submitted to and accepted by RCO. Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. A final reimbursement request has been delivered to and paid by RCO. AGENDA ITEM #7. b) RCO: 22-1696 Revision Date: 5/1/2023 Page 10 of 21 Documents affecting property rights (including RCO’s as may apply) and any applicable notice of grant, have been recorded (as may apply). project cost – The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third-party contributions (see also 2 C.F.R. Part 200 (as updated)) for federally funded projects). project end date – The specific date identified in the Agreement on which the period of performance ends, as may be changed by amendment. This date is not the end date for any long-term obligations. project start date – The specific date identified in the Agreement on which the period of performance starts. RCFB – Recreation and Conservation Funding Board RCO – Recreation and Conservation Office – The state agency that administers the grant that is the subject of this Agreement. RCO includes the director and staff. RCW – Revised Code of Washington reimbursement – RCO’s payment of funds from eligible and allowable costs that have already been paid by the Sponsor per the terms of the Agreement. renovation project – A project intended to improve an existing site or structure in order to increase its useful service life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for its originally expected useful service life. secondary Sponsor – One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may be the fiscal agent for the project. Sponsor – A Sponsor is an organization that is listed in and has signed this Agreement. Sponsor Authorized Representative/Agent – A Sponsor’s agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. subaward – Funds allocated to the RCO from another organization, for which RCO makes available to or assigns to another organization via this Agreement. Also, a subaward may be an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal or other program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Also see 2 C.F.R. Part 200 (as updated). For federal subawards, a subaward is for the purpose of carrying out a portion of a Federal award and creates a federal assistance relationship with the subrecipient (2 C.F.R. Part 200 (as updated)). If this Agreement is a federal subaward, the subaward amount is the grant program amount in the Project Funding Section. subrecipient – Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency (2 C.F.R. Part 200 (as updated)). If this Agreement is a federal subaward, the Sponsor is the subrecipient. tribal consultation – Outreach, and consultation with one or more federally recognized tribes (or a partnership or coalition or consortium of such tribes, or a private tribal enterprise) whose rights will or may be significantly affected by the proposed project. This includes sharing with potentially-affected tribes the scope of work in the grant and potential impacts to natural areas, natural resources, and the built environment by the project. It also includes responding to any tribal request from such tribes and considering tribal recommendations for project implementation which may include not proceeding with parts of the project, altering the project concept and design, or relocating the project or not implementing the project, all of which RCO shall have the final approval of. useful service life – Period during which a built asset, equipment, or fixture is expected to be useable for the purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement. WAC – Washington Administrative Code. AGENDA ITEM #7. b) RCO: 22-1696 Revision Date: 5/1/2023 Page 11 of 21 PERFORMANCE BY THE SPONSOR The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the RCO (to include any RCO approved changes or amendments thereto). All submitted documents are incorporated by this reference as if fully set forth herein. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without prior written approval of the RCO. Sponsor shall not sell, give, or otherwise assign to another party any property right, or alter a conveyance (see below) for the project area acquired with this grant without prior approval of the RCO. RESPONSIBILITY FOR PROJECT Although RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of the Sponsor. The RCO and Funding Entity (if different from the RCO) undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project has more than one Sponsor, any and all Sponsors are equally responsible for the project and all post-completion stewardship responsibilities and long-term obligations unless otherwise stated in this Agreement. The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others with expertise or authority. In this respect, the RCO, its employees, assigns, consultants and contractors, and any funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the project apparently is proceeding or has been completed as per the Agreement. INDEMNIFICATION The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection with this Agreement (including without limitation all work or activities thereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor’s agents, employees, contractors, subcontractors, or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State is vicariously liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Sponsor or the Sponsor’s agents or employees, and (b) the State, or its employees or agents the indemnity obligation shall be valid and enforceable only to the extent of the Sponsor’s negligence or its agents, or employees. As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the Sponsor’s own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor’s waiver of immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, any claims by Sponsor’s employees directly against Sponsor. Sponsor shall ensure that any agreement relating to this project involving any contractors, subcontractors and/or vendors of any tier shall require that the contracting entity indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as provided herein as if it were the Sponsor. This shall not apply to a contractor or subcontractor is solely donating its services to the project without compensation or other substantial consideration. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the Sponsor or the Sponsor’s agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or AGENDA ITEM #7. b) RCO: 22-1696 Revision Date: 5/1/2023 Page 12 of 21 communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the State’s, its agents’, officers’ and employees’ failure to comply with specific written instructions regarding use provided to the State, its agents, officers and employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. INDEPENDENT CAPACITY OF THE SPONSOR The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. COMPLIANCE WITH APPLICABLE LAW In implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws (including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes, without any limitation as to other applicable laws, the following laws: A.Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Employment Act (if applicable). In the event of the Sponsor’s noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is responsible for any and all costs or liability arising from the Sponsor’s failure to so comply with applicable law. Except where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies.” B.Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities, worship, or instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or instruction may be a minor use of the grant supported recreation and conservation land or facility. C.Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State Department of Labor and Industries. 1) Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative statement of the contractor’s or subcontractor’s intent. Unless required by law, the Sponsor is not required to investigate a statement regarding prevailing wage provided by a contractor or subcontractor. 2) Exception, Service Organizations of Trail and Environmental Projects (RCW 79A.35.130). If allowed by state and federal law and rules, participants in conservation corps programs offered by a nonprofit organization AGENDA ITEM #7. b) RCO: 22-1696 Revision Date: 5/1/2023 Page 13 of 21 affiliated with a national service organization established under the authority of the national and community service trust act of 1993, P.L. 103-82, are exempt from provisions related to rates of compensation while performing environmental and trail maintenance work provided: (1) The nonprofit organization must be registered as a nonprofit corporation pursuant to RCW 24.03; (2) The nonprofit organization's management and administrative headquarters must be located in Washington; (3) Participants in the program must spend at least fifteen percent of their time in the program on education and training activities; and (4) Participants in the program must receive a stipend or living allowance as authorized by federal or state law. Participants are exempt from provisions related to rates of compensation only for environmental and trail maintenance work conducted pursuant to the conservation corps program. D.Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. E.Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on Washington State Department of Labor and Industries’ “Debarred Contractor List.” ARCHAEOLOGICAL AND CULTURAL RESOURCES A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources, except as those listed below. The Sponsor shall follow RCO guidance and directives to assist it with such review as may apply. 1)Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects occurring on State or Federal Agency owned or managed lands, will be the responsibility of the respective agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially historic or culturally significant structure, or release of final payments on an acquisition, the Sponsor must provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and cultural resources responsibilities of such state or federal landowner or manager has been conducted. B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and cultural resources. C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources completion. RCO may require on-site monitoring for impacts to archaeology and cultural resources during any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology and cultural resource impacts or concerns. All cultural resources requirements for non ground disturbing projects (such as acquisition or planning projects) must be met prior to final reimbursement. D. Compliance and Indemnification. At all times, the Sponsor shall take reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic resources in the project area, and comply with any RCO direction for such minimization and mitigation. All federal or state cultural resources requirements under Governor’s Executive Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the National Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any work on the project site. The Sponsor must agree to indemnify and hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the project funded under this Agreement. Sponsor shall comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for reimbursement under this agreement. Costs that exceed the budget grant amount shall be the responsibility of the Sponsor. F. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery Plan, and: 1) Keep the IDP at the project site. 2) Make the IDP readily available to anyone working at the project site. 3) Discuss the IDP with staff and contractors working at the project site. AGENDA ITEM #7. b) RCO: 22-1696 Revision Date: 5/1/2023 Page 14 of 21 4) Implement the IDP when cultural resources or human remains are found at the project site. G. Inadvertent Discovery 1) If any archaeological or historic resources are found while conducting work under this Agreement, the Sponsor shall immediately stop work and notify RCO, the Department of Archaeology and Historic Preservation at (360) 586-3064, and any affected Tribe, and stop any activity that may cause further disturbance to the archeological or historic resources. 2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, and then RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains. Sponsor shall secure the area of the find will and protect the remains from further disturbance until the State provides a new notice to proceed. a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by RCO or the Department of Archaeology and Historic Preservation (DAHP). b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non- Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. RECORDS A.Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded project site in a format specified by the RCO. B.Maintenance and Retention. The Sponsor shall maintain books, records, documents, data and other records relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit is started before the expiration of the nine (9) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. C.Access to Records and Data. At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the Sponsor’s reports, including computer models and methodology for those models. D.Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04 (which ever applies). Additionally, the Sponsor agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such record to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state’s defense of such claims. PROJECT FUNDING A.Authority. This Agreement and funding is made available to Sponsor through the RCO. B.Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and incorporated by written amendment into this Agreement. AGENDA ITEM #7. b) RCO: 22-1696 Revision Date: 5/1/2023 Page 15 of 21 C.Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. D.After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO or Funding Entity may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. PROJECT REIMBURSEMENTS A.Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12, whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement only after (1) this Agreement has been fully executed and (2) the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a donation used as part of its matching share. RCO does not reimburse for donations. All reimbursement requests must include proper documentation of expenditures as required by RCO. B.Reimbursement Request Frequency. The primary Sponsor is required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding reimbursement requirements. C.Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the Sponsor. D.Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the grant to the Sponsor until the following has occurred: 1) RCO has accepted the project as a completed project, which acceptance shall not be unreasonably withheld. 2) On-site signs are in place (if applicable); Any other required documents and media are complete and submitted to RCO;Grant related fiscal transactions are complete, and 3) RCO has accepted a final boundary map of the project area for which the Agreement terms will apply in the future. RECOVERY OF PAYMENTS A.Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, fails to meet its percentage of the project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. B.Return of Overpayments. The Sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time the Sponsor received such overpayment. Unless the overpayment is due to an error of RCO, the payment shall be due and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of RCO, it shall be due and owing 30 days after demand by RCO for refund. COVENANT AGAINST CONTINGENT FEES The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the Sponsor, to terminate this Agreement and to be reimbursed by Sponsor for any grant funds paid to Sponsor (even if such funds have been subsequently paid to an agent), without liability to RCO or, in RCO's discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. AGENDA ITEM #7. b) RCO: 22-1696 Revision Date: 5/1/2023 Page 16 of 21 INCOME (AND FEES) AND USE OF INCOME See WAC 286-13-110 for additional requirements for projects funded from the RCFB. A.Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement and any applicable manuals, RCWs, and WACs. B.Use of Income. Subject to any limitations contained in applicable state or federal law, any needed approvals of RCO, and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, rent, franchise fees, ecosystem services, carbon offsets sequestration, etc.) during or after the reimbursement period cited in the Agreement, must be used to offset: 1) The Sponsor’s matching resources; 2) The project’s total cost; 3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the grant funding; 4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor’s system; 5) Capital expenses for similar acquisition and/or development and renovation; and/or 6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement. C.Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained, renovated, or restored and shall be consistent with the: 1) Grant program laws, rules, and applicable manuals; 2) Value of any service(s) furnished; 3) Value of any opportunities furnished; and 4) Prevailing range of public fees in the state for the activity involved. PROCUREMENT REQUIREMENTS A.Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and retained. If no such process exists, the Sponsor must follow these minimum procedures: 1) Publish a notice to the public requesting bids/proposals for the project; 2) Specify in the notice the date for submittal of bids/proposals; 3) Specify in the notice the general procedure and criteria for selection; and 4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be repeated until a suitable bid is selected. 5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer. Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. TREATMENT OF EQUIPMENT AND ASSETS Equipment shall be used and managed only for the purpose of this Agreement, unless otherwise provided herein or in the applicable manuals, or approved by RCO in writing. A.Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the duration of the project, or RULES of applicable grant assisted program. When the Sponsor discontinues use of the AGENDA ITEM #7. b) RCO: 22-1696 Revision Date: 5/1/2023 Page 17 of 21 equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCO published policies. B.Loss or Damage. The Sponsor shall be responsible for any loss or damage to equipment. RIGHT OF INSPECTION The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure limits access to the project area, it must include (or be amended to include) the RCO’s right to inspect and access lands acquired or developed with this funding assistance. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. ACKNOWLEDGMENT AND SIGNS A.Publications. The Sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. B.Signs. 1) During the period of performance through the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations on the project area that acknowledge the applicable grant program's funding contribution, unless waived by the director; and 2) During the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations to notify the public of the availability of the site for reasonable public access. C.Ceremonies. The Sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The Sponsor shall verbally acknowledge the applicable grant program’s funding contribution at all dedication ceremonies and in all advertisements and mailings thereof, and any and all of its related digital media publications. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS The following provisions shall be in force: A.Operations and Maintenance. Properties, structures, and facilities developed, maintained, or operated with the assistance of money granted per this Agreement and within the project area shall be built, operated, and maintained according to applicable regulations, laws, building codes, and health and public safety standards to assure a reasonably safe condition and to prevent premature deterioration. It is the Sponsor’s sole responsibility to ensure the same are operated and maintained in a safe and operable condition. The RCO does not conduct safety inspections or employ or train staff for that purpose. B.Document Review and Approval. Prior to commencing construction or finalizing the design, the Sponsor agrees to submit one copy of all construction and restoration plans and specifications to RCO for review solely for compliance with the scope of work to be identified in the Agreement. RCO does not review for, and disclaims any responsibility to review for safety, suitability, engineering, compliance with code, or any matters other than the scope so identified. Although RCO staff may provide tentative guidance to a Sponsor on matters related to site accessibility by persons with a disability, it is the Sponsor’s responsibility to confirm that all legal requirements for accessibility are met even if AGENDA ITEM #7. b) RCO: 22-1696 Revision Date: 5/1/2023 Page 18 of 21 the RCO guidance would not meet such requirements. 1) Change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the RCO must receive prior written approval of the RCO. C.Control and Tenure. The Sponsor must provide documentation that shows appropriate tenure and term (such as long-term lease, perpetual or long-term easement, or perpetual or long-term fee simple ownership, or landowner agreement or interagency agreement for the land proposed for construction, renovation, or restoration. The documentation must meet current RCO requirements identified in this Agreement as of the effective date of this Agreement unless otherwise provided in any applicable manual, RCW, WAC, or as approved by the RCO. D.Use of Best Management Practices. Sponsors are encouraged to use best management practices including those developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. AHG documents include “Integrated Streambank Protection Guidelines”, 2002; “Land Use Planning for Salmon, Steelhead and Trout: A land use planner’s guide to salmonid habitat protection and recovery”, 2009”, “Protecting Nearshore Habitat and Functions in Puget Sound”, 2010; “Stream Habitat Restoration Guidelines”, 2012; “Water Crossing Design Guidelines”, 2013; and “Marine Shoreline Design Guidelines”, 2014. These documents, along with new and updated guidance documents, and other information are available on the AHG Web site. Sponsors are also encouraged to use best management practices developed by the Washington Invasive Species Council (WISC) described in “Reducing Accidental Introductions of Invasive Species” which is available on the WISC Web site. E. At no time shall the Sponsor design, construct, or operate this grant funded project in a way that unreasonably puts the public, itself, or others at risk of injury or property damage. The Sponsor agrees and acknowledges that the Sponsor is solely responsible for safety and risk associated with the project, that RCO does not have expertise, capacity, or a mission to review, monitor, or inspect for safety and risk, that no expectation exists that RCO will do so, and that RCO is in no way responsible for any risks associated with the project. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS A.Long-Term Obligations. This section applies to completed projects only. B.Perpetuity. For acquisition, development, and restoration projects, or a combination thereof, unless otherwise allowed by applicable manual, policy, program rules, or this Agreement, or approved in writing by RCO. The RCO requires that the project area continue to function for the purposes for which these grant funds were approved, in perpetuity. C.Conversion. The Sponsor shall not at any time convert any real property (including any interest therein) or facility acquired, developed, renovated, and/ or restored pursuant to this Agreement, unless provided for in applicable statutes, rules, and policies. Conversion includes, but is not limited to, putting such property (or a portion of it) to uses other than those purposes for which funds were approved or transferring such property to another entity without prior approval via a written amendment to the Agreement. All real property or facilities acquired, developed, renovated, and/or restored with funding assistance shall remain in the same ownership and in public use/access status in perpetuity unless otherwise expressly provided in the Agreement or applicable policies or unless a transfer or change in use is approved by the RCO through an amendment. Failure to comply with these obligations is a conversion. Further, if the project is subject to operation and or maintenance obligations, the failure to comply with such obligations, without cure after a reasonable period as determined by the RCO, is a conversion. Determination of whether a conversion has occurred shall be based upon all terms of the Agreement, and all applicable state of federal laws or regulation. 1) When a conversion has been determined to have occurred, the Sponsor shall remedy the conversion as set forth in this Agreement (with incorporated documents) and as required by all applicable policies, manuals, WACs and laws that exist at the time the remedy is implemented or the right to the remedy is established by a court or other decision-making body, and the RCO may pursue all remedies as allowed by the Agreement or law. CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS The following provisions shall be in force for this agreement: A.Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with the grant funds, including undeveloped sites, are built, operated, used, and maintained: 1) According to applicable federal, state, and local laws and regulations, including public health standards and building codes; 2) In a reasonably safe condition for the project’s intended use; AGENDA ITEM #7. b) RCO: 22-1696 Revision Date: 5/1/2023 Page 19 of 21 3) Throughout its estimated useful service life so as to prevent undue deterioration; 4) In compliance with all federal and state nondiscrimination laws, regulations and policies. B.Open to the public. Unless otherwise specifically provided for in the Agreement, and in compliance with applicable statutes, rules, and applicable WACs and manuals, facilities must be open and accessible to the general public, and must: 1) Be constructed, maintained, and operated to meet or exceed the minimum requirements of the most current guidelines or rules, local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as amended and updated. 2) Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. 3) Be available for appropriate use by the general public at reasonable hours and times of the year, according to the type of area or facility, unless otherwise stated in RCO manuals or, by a decision of the RCO director in writing. Sponsor shall notify the public of the availability for use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict between the terms of this Agreement and any applicable statute, rule, or policy or procedure, the conflict shall be resolved by giving precedence in the following order: A. Federal law and binding executive orders; B. Code of federal regulations; C. Terms and conditions of a grant award to the state from the federal government; D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal law; E. State Constitution, RCW, and WAC; F. Agreement Terms and Conditions and Applicable Manuals; G. Applicable deed restrictions, and/or governing documents. LIMITATION OF AUTHORITY Only RCO’s Director or RCO’s delegate authorized in writing (delegation to be made prior to action) shall have the authority to alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director’s designee, and attached as an amendment to the original Agreement. APPLICATION REPRESENTATIONS – MISREPRESENTATIONS OR INACCURACY OR BREACH The Funding Entity (if different from RCO) and RCO rely on the Sponsor’s application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SPECIFIC PERFORMANCE RCO may, at it's discretion, enforce this Agreement by the remedy of specific performance, which means Sponsors’ completion of the project and/or its completion of long-term obligations as described in this Agreement. However, the remedy AGENDA ITEM #7. b) RCO: 22-1696 Revision Date: 5/1/2023 Page 20 of 21 of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be deemed exclusive. The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment of the grant amount paid and damages. TERMINATION AND SUSPENSION The RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. § 200 (as updated). A.For Cause. 1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this Agreement: a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement; b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines; or c) If the primary and secondary Sponsor(s) cannot mutually agree on the process and actions needed to implement the project; 2) Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action is not taken within 30 days or such other time period that the director approves in writing, the Agreement may be terminated. In the event of termination, the Sponsor shall be liable for damages or other relief as authorized by law and/or this Agreement. 3) RCO reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract. B.For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a "Termination for Convenience" if it is determined that: 1) The Sponsor was not in default; or 2) Failure to perform was outside Sponsor’s control, fault or negligence. C.Rights and Remedies of the RCO. 1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law, the director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for substantially the entire period of performance and of long-term obligation. D.Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO’s obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor. 1)Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon the state appropriating state and federal funding each biennium. In the event the state is unable to appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the Agreement, with ten (10) days written notice, until such time funds are appropriated. Suspension will mean AGENDA ITEM #7. b) RCO: 22-1696 Revision Date: 5/1/2023 Page 21 of 21 all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides notice to continue work. 2)No Waiver. The failure or neglect of RCO to require strict compliance with any term of this Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law and regulations. DISPUTE HEARING Except as may otherwise be provided in this Agreement , when a dispute arises between the Sponsor and the RCO, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party’s request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The Sponsor’s name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the persons chosen by the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a third person. This process shall be repeated until a three person panel is established. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. ATTORNEYS’ FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and attorneys' fees. GOVERNING LAW/VENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington and agrees to venue as set forth above. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. END OF STANDARD TERMS AND CONDITIONS This is the end of the Standard Terms and Conditions of the Agreement. AGENDA ITEM #7. b) 1,128 94 Talbot Hill Reservoir Park 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. None 5/3/2022 Legend 64032 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet Notes 64 WGS_1984_Web_Mercator_Auxiliary_Sphere Information Technology - GIS RentonMapSupport@Rentonwa.gov Streets Points of Interest Parks Waterbodies 2019.sid Red: Band_1 Green: Band_2 Blue: Band_3 AGENDA ITEM #7. b) Talbot Hill Park - Court Improvements 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. None 4/25/2022 Legend 320 16 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet Notes 32 WGS_1984_Web_Mercator_Auxiliary_Sphere Information Technology - GIS RentonMapSupport@Rentonwa.gov Talbot Hill Park - Court Improvements 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. None 4/25/2022 Legend 320 16 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet Notes 32 WGS_1984_Web_Mercator_Auxiliary_Sphere Information Technology - GIS RentonMapSupport@Rentonwa.gov X X XX X X X X X XXXXXXXXXXX X X XXX X X XXX X X XXX X X X X X X XX X XXX Talbot Hill Reservoir ParkCourt ImprovementsExisting Reservoir Roof Existing Fence (Typ) Existing Practice/Handball Wall Tennis Court Renovation New Benches (Typ) New Fencing New Pickleball Courts (Typ) Protect Existing Utilities (Typ)AGENDA ITEM #7. b) AB - 3413 City Council Regular Meeting - 11 Sep 2023 SUBJECT/TITLE: Application Authorization: Local Parks Maintenance Grant - Coulon Pathways and Parking Lots RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Parks & Recreation Department - PPNR STAFF CONTACT: Betsy Severtsen, Capital Projects Coordinator EXT.: 425-757-6657 FISCAL IMPACT SUMMARY: Allows the City to apply for a $100,000 grant from the State Recreation and Conservation Office (RCO). SUMMARY OF ACTION: Gene Coulon Memorial Beach Park pathway and parking lots require pavement maintenance to address deteriorated conditions in several locations. The majority of the issues are associated with paving that has been subjected to root uplift from adjacent trees. Additional maintenance items include ruts and potholes at the boat launch approach caused by heavy use of this area. Maintenance to these areas will include removal of the damaged paving, installation of tree barriers where needed, and repaving. Though th e total cost of the pathway and parking lot maintenance activities is unknown at this time, the total cost to conduct all identified maintenance activities will not exceed the final grant award. As such, city staff intend to limit the scope of any maintenance activities conducted under this grant to align with a grant award amount of $100,000 or less. The proposed grant application is to the State Recreation and Conservation Office (RCO) for a Local Parks Maintenance (LPM) grant in the amount of $100,000 . If awarded, the grant funding source does not require a grant match. The resolution authorizes an application to the LPM program for a maintenance grant. If awarded, the grant agreement would be submitted to Council for review and authorization. EXHIBITS: A. Improvement Areas Map and Condition Photos B. Resolution STAFF RECOMMENDATION: Adopt a resolution authorizing application to the State Recreation and Conservation Office for a Local Parks Maintenance grant. AGENDA ITEM #7. c) North Park Pathway Conditions AGENDA ITEM #7. c) South Parking Lot Pavement Conditions AGENDA ITEM #7. c) Sidewalk north of Boat Launch Conditions AGENDA ITEM #7. c) Boat Launch Approach Pavement Conditions AGENDA ITEM #7. c) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, PROVIDING CERTAIN CITY PERSONNEL WITH SIGNING AUTHORITY TO APPLY FOR GRANT FUNDS FROM WASHINGTON STATE RECREATION AND CONSERVATION OFFICE TO FINANCE MAINTENANCE OF PATHWAYS AND PARKING LOTS AT GENE COULON MEMORIAL PARK. WHEREAS, the City of Renton (“City”) desires to repair and maintain pathways and parking lots at Gene Coulon Memorial Park, a project internally designated the file number 23- 1526 MNT (the “Project”); and WHEREAS, the City requests grant assistance from the Washington State Recreation and Conservation Office (“RCO” or the “Office”) to aid the City in financing the cost of the Project; and WHEREAS, RCO requires Local Parks Maintenance (“LPM”) Grant applicants to provide the Applicant Authorization and Electronic Signature form attached hereto as Exhibit A the substance of which is incorporated below; and WHEREAS, the City considers it to be in the best public interest to complete the Project described in the application; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The City intends to apply for funding assistance managed by the Office for the Project. AGENDA ITEM #7. c) RESOLUTION NO. ________ 2 SECTION II. The City Council authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding the City on the Project: Grant Document Routing Order Name of Signatory and Title of Person Authorized to Sign Email Address Grant application (submission thereof) Betsy Severtsen, Capital Projects Coordinator bsevertsen@rentonwa.gov Project contact (day-to-day administering of the grant and communicating with the RCO) Betsy Severtsen, Capital Projects Coordinator bsevertsen@rentonwa.gov Agreement/amendment approver1 1 Maryjane Van Cleave, Interim Parks and Recreation Administrator mvancleave@rentonwa.gov Agreement/amendment approver 2 Betsy Severtsen, Capital Projects Coordinator bsevertsen@rentonwa.gov Agreement/amendment approver 3 Cheryl Beyer, City Attorney cbeyer@rentonwa.gov RCO Grant Agreement signer2 Armondo Pavone, Mayor apavone@rentonwa.gov RCO Grant Agreement, attester Jason Seth, City Clerk (attesting only) cityclerk@rentonwa.gov Agreement amendments signer2 Armondo Pavone, Mayor apavone@rentonwa.gov Agreement amendments, attester Jason A. Seth, City Clerk (attesting only) cityclerk@rentonwa.gov The above persons are considered an “authorized representative(s)/agent(s)” for purposes of the documents indicated. The City shall comply with a request from the RCO to provide updated documentation of authorized signers, if needed. 1 Agreement/Amendment Approver: refers to an individual or several individuals who review and approve the electronic document and contacts RCO if corrections are needed. The approver does not sign the document. 2 RCO Grant Agreement/Agreement Amendments Signer: refers to the individual who must officially sign the document with an electronic signature and may be required to enter data such as title, date, agency name, etc. into fields. The signer of Agreements may differ from the individual who is delegated to sign Amendment documents. RCO can only accept one signature per document. AGENDA ITEM #7. c) RESOLUTION NO. ________ 3 SECTION III. The City acknowledges and warrants, after conferring with its legal counsel, that its authorized representative(s)/agent(s) have full legal authority to act and sign on behalf of the City for their assigned role/document. SECTION IV. Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on the part of the City. SECTION V. The City understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the Agreement, the characteristics of the project, and the characteristics of the City. SECTION VI. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the Project. SECTION VII. The City acknowledges that the grant will only be used for maintenance of local park property owned by our organization. SECTION VIII. This resolution/authorization is deemed to be part of the formal grant application to the Office. SECTION IX. Nothing in this Resolution requires the City to accept the terms of future agreements or acceptance of any grant award. SECTION X. The City warrants and certifies that this resolution/authorization was properly and lawfully adopted following the requirements of the City and applicable laws and policies and that the City has full legal authority to commit itself to the warranties, certifications, promises, and obligations set forth herein. AGENDA ITEM #7. c) RESOLUTION NO. ________ 4 SECTION XI. Any terms of the Applicant Authorization and Electronic Signature, attached as Exhibit A to this Resolution, which are not otherwise set forth herein are authorized and approved by the City at the meeting date, time, and location set forth in the applicable minutes. PASSED BY THE CITY COUNCIL the _______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 RES-P&R:1950:8/30/23 AGENDA ITEM #7. c) Local Parks Maintenance Program Applicant Authorization and Electronic Signature Organization Name (sponsor) Resolution No. or Document Name Project Number and Name This resolution/authorization authorizes the person(s) identified below (in Section 2) to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). WHEREAS grant assistance is requested by our organization to aid in financing the cost of the Project referenced above; NOW, THEREFORE, BE IT RESOLVED that: 1.Our organization has applied for or intends to apply for funding assistance managed by theOffice for the above “Project.” 2.Our organization authorizes the following persons or persons holding specifiedtitles/positions (and subsequent holders of those titles/positions) to execute the following documents binding our organization on the above projects: Grant Document Routing Order Name of Signatory and Title of Person Authorized to Sign Email Address Grant application (submissionthereof) Project contact (day-to-day administering of the grant and communicating with the RCO) Agreement/amendment approver 1 Agreement/amendment approver Agreement/amendment approver Agreement/amendment approver RCO Grant Agreement signer 2 Agreement amendments signer2 EXHIBIT ACITY OF RENTON RESOLUTION _______ AGENDA ITEM #7. c) The above persons are considered an “authorized representative(s)/agent(s)” for purposes of the documents indicated. Our organization shall comply with a request from the RCO to provide updated documentation of authorized signers, if needed. 3.Our organization acknowledges and warrants, after conferring with its legal counsel, that itsauthorized representative(s)/agent(s) have full legal authority to act and sign on behalf of theorganization for their assigned role/document. 4.Grant assistance is contingent on a signed Agreement. Entering into any Agreement withthe Office is purely voluntary on our part. 5.Our organization understands that grant policies and requirements vary depending on thegrant program applied to, the grant program and source of funding in the Agreement, the characteristics of the project, and the characteristics of our organization. 6.Any grant assistance received will be used for only direct eligible and allowable costs that arereasonable and necessary to implement the project(s) referenced above. 7.Our organization acknowledges that the grant will only be used for maintenance of local parkproperty owned by our organization. 8.This resolution/authorization is deemed to be part of the formal grant application to the Office. 9.Our organization warrants and certifies that this resolution/authorization was properly andlawfully adopted following the requirements of our organization and applicable laws andpolicies and that our organization has full legal authority to commit our organization to thewarranties, certifications, promises, and obligations set forth herein. This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the following authorized member(s): Signed Title Date On File at: This Applicant Resolution/Authorization was adopted by our organization during the meeting held: Location: Date: You may reproduce the above language in your own format; however, text may not change. AGENDA ITEM #7. c) 1 Agreement/Amendment Approver: refers to an individual or several individuals who review and approve the electronic document and contacts RCO if corrections are needed. The approver does not sign the document. You may add more than one approver but please designate the order for routing purposes. 2 RCO Grant Agreement/Agreement Amendments Signer: refers to the individual who must officially sign the document with an electronic signature and may be required to enter data such as title, date, agency name, etc. into fields. The signer of Agreements may differ from the individual who is delegated to sign Amendment documents, but we can only accept one signature per document. AGENDA ITEM #7. c) AB - 3410 City Council Regular Meeting - 11 Sep 2023 SUBJECT/TITLE: KCSO - Sex Offender Cost Reimbursement Grant - 23-24 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Police Department STAFF CONTACT: Chandler Swain, Commander EXT.: x7573 FISCAL IMPACT SUMMARY: The Renton Police Department will be reimbursed up to $14,100.59 in overtime funds, and a budget adjustment will be reflected in the year end budget adjustment. SUMMARY OF ACTION: The proposed agreement would allow the Renton Police Department to receive funds from, and work with, the King County Sheriff's Office for the purpose of verifying the address and residency of registered sex and kidnapping offenders. The goal of this verification is to improve public safety by establishing a greater presence and emphasis by the Renton Police Department in Renton neighborhoods. The Detectives work overtime doing this, and then the Police Department submits the overtime to the King County Sheriff's Office for reimbursement under this grant. EXHIBITS: A. 2023-2024 Cost Reimbursement Agreement STAFF RECOMMENDATION: Authorize the Mayor to sign the Cost Reimbursement Agreement. AGENDA ITEM #7. d) Cost Reimbursement Agreement Executed By King County Sheriff’s Office, a department of King County, hereinafter referred to as “KCSO,” Department Authorized Representative: Jesse Anderson, Undersheriff King County Sheriff’s Office W-150 King County Courthouse 516 Third Avenue Seattle, WA 98104 and Renton Police Department, a department of the City of Renton, hereinafter referred to as “”Contractor,” Department Authorized Representative: Jon Schuldt, Chief of Police 1055 South Grady Way Renton, Washington 98057 WHEREAS, KCSO and Contractor have mutually agreed to work together for the purpose of verifying the address and residency of registered sex and kidnapping offenders; and WHEREAS, the goal of registered sex and kidnapping offender address and residency verification is to improve public safety by establishing a greater presence and emphasis by Contractor in King County neighborhoods; and WHEREAS, as part of this coordinated effort, Contractor will increase immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction, and WHEREAS, KCSO is the recipient of a Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program grant through the Washington Association of Sheriffs and Police Chiefs for this purpose, and WHEREAS, KCSO will oversee efforts undertaken by program participants in King County; NOW THEREFORE, the parties hereto agree as follows: KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program funding to reimburse for expenditures associated AGENDA ITEM #7. d) Cost Reimbursement Agreement Page 2 of 6 July 7, 2023 with the Contractor for the verification of registered sex and kidnapping offender address and residency as set forth below. This Interagency Agreement contains eleven (11) Articles: ARTICLE I. TERM OF AGREEMENT The term of this Cost Reimbursement Agreement shall commence on July 1, 2023 and shall end on June 30, 2024 unless terminated earlier pursuant to the provisions hereof. ARTICLE II. DESCRIPTION OF SERVICES This agreement is for the purpose of reimbursing the Contractor for participation in the Registered Sex and Kidnapping Offender Address and Residency Verification Program. The program’s purpose is to verify the address and residency of all registered sex and kidnapping offenders under RCW 9A.44.130. The requirement of this program is for face-to-face verification of a registered sex and kidnapping offender’s address at the place of residency. In the case of • level I offenders, once every twelve months. • of level II offenders, once every six months. • of level III offenders, once every three months. For the purposes of this program unclassified offenders and kidnapping offenders shall be considered at risk level I, unless in the opinion of the local jurisdiction a higher classification is in the interest of public safety. ARTICLE III. REPORTING Two reports are required in order to receive reimbursement for grant-related expenditures. Both forms are included as exhibits to this agreement. “Exhibit A” is the Offender Watch generated “Registered Sex Offender Verification Request (WA)” that the sex or kidnapping offender completes and signs during a face-to-face contact. “Exhibit B” is an “Officer Contact Worksheet” completed in full by an officer/detective during each verification contact. Both exhibits representing each contact are due quarterly and must be complete and received before reimbursement can be made following the quarter reported. Original signed report forms are to be submitted by the 5th of the month following the end of the quarter. The first report is due October 5, 2023. Quarterly progress reports shall be delivered to Attn: Tina Keller, Project Manager King County Sheriff’s Office 500 Fourth Avenue, Suite 200 M/S ADM-SO-0200 Seattle, WA 98104 AGENDA ITEM #7. d) Cost Reimbursement Agreement Page 3 of 6 July 7, 2023 Phone: 206-263-2122 Email: tina.keller@kingcounty.gov ARTICLE IV. REIMBURSEMENT Requests for reimbursement will be made on a monthly basis and shall be forwarded to KCSO by the 10th of the month following the billing period. Please note the following terms will be adhered to for the 2023-2024 Registered Sex Offender Address Verification Program: • Any agency not meeting at least 90% of required verifications will not receive that quarter’s grant payment. • Any agency not using Offender Watch to track verifications will not receive that quarter’s grant payment. Overtime reimbursements for personnel assigned to the Registered Sex and Kidnapping Offender Address and Residency Verification Program will be calculated at the usual rate for which the individual’s’ time would be compensated in the absence of this agreement. Each request for reimbursement will include the name, rank, overtime compensation rate, number of reimbursable hours claimed and the dates of those hours for each officer for whom reimbursement is sought. Each reimbursement request must be accompanied by a certification signed by an appropriate supervisor of the department that the request has been personally reviewed, that the information described in the request is accurate, and the personnel for whom reimbursement is claimed were working on an overtime basis for the Registered Sex and Kidnapping Offender Address and Residency Verification Program. Overtime and all other expenditures under this Agreement are restricted to the following criteria: 1. For the purpose of verifying the address and residency of registered sex and kidnapping offenders; and 2. For the goal of improving public safety by establishing a greater presence and emphasis in King County neighborhoods; and 3. For increasing immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction Any non-overtime related expenditures must be pre-approved by KCSO. Your request for pre-approval must include: 1) The item you would like to purchase, AGENDA ITEM #7. d) Cost Reimbursement Agreement Page 4 of 6 July 7, 2023 2) The purpose of the item, 3) The cost of the item you would like to purchase. You may send this request for pre-approval in email format. Requests for reimbursement from KCSO for the above non-overtime expenditures must be accompanied by a spreadsheet detailing the expenditures as well as a vendor’s invoice and a packing slip. The packing slip must be signed by an authorized representative of the Contractor. All costs must be included in the request for reimbursement and be within the overall contract amount. Over expenditures for any reason, including additional cost of sales tax, shipping, or installation, will be the responsibility of the Contractor. Requests for reimbursement must be sent to Attn: Tina Keller, Project Manager King County Sheriff’s Office 500 Fourth Avenue, Suite 200 Seattle, WA 98104 Phone: 206-263-2122 Email: tina.keller@kingcounty.gov The maximum amount to be paid under this cost reimbursement agreement shall not exceed Fourteen Thousand One Hundred Dollars and Fifty Nine Cents ($14,100.59). Expenditures exceeding the maximum amount shall be the responsibility of Contractor. All requests for reimbursement must be received by KCSO by July 31, 2024 to be payable. ARTICLE V. WITNESS STATEMENTS "Exhibit C” is a “Sex/Kidnapping Offender Address and Residency Verification Program Witness Statement Form.” This form is to be completed by any witnesses encountered during a contact when the offender is suspected of not living at the registered address and there is a resulting felony “Failure to Register as a Sex Offender” case to be referred/filed with the KCPAO. Unless, due to extenuating circumstances the witness is incapable of writing out their own statement, the contacting officer/detective will have the witness write and sign the statement in their own handwriting to contain, verbatim, the information on the witness form. ARTICLE VI. FILING NON-DISCOVERABLE FACE SHEET “Exhibit D” is the “Filing Non-Discoverable Face Sheet.” This form shall be attached to each “Felony Failure to Register as a Sex Offender” case that is referred to the King County Prosecuting Attorney’s Office. AGENDA ITEM #7. d) Cost Reimbursement Agreement Page 5 of 6 July 7, 2023 ARTICLE VII. SUPPLEMENTING, NOT SUPPLANTING Funds may not be used to supplant (replace) existing local, state, or Bureau of Indian Affairs funds that would be spent for identical purposes in the absence of the grant. Overtime - To meet this grant condition, you must ensure that: • Overtime exceeds expenditures that the grantee is obligated or funded to pay in the current budget. Funds currently allocated to pay for overtime may not be reallocated to other purposes or reimbursed upon the award of a grant. • Additionally, by the conditions of this grant, you are required to track all overtime funded through the grant. ARTICLE VIII. HOLD HARMLESS/INDEMNIFICATION Contractor shall protect, defend, indemnify, and save harmless King County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of Contractor, its officers, employees, contractors, and/or agents related to Contractor’s activities under this Agreement. Contractor agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by, or on behalf of any of its employees or agents. For this purpose, Contractor, by mutual negotiation, hereby waives, as respects King County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event King County incurs any judgment, award, and/or cost arising therefrom including attorney’s fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from Contractor. The provisions of this section shall survive the expiration or termination of this Agreement. ARTICLE IX. INSURANCE Contractor shall maintain insurance policies, or programs of self-insurance, sufficient to respond to all of its liability exposures under this Agreement. The insurance or self-insurance programs maintained by the Contractor engaged in work contemplated in this Agreement shall respond to claims within the following coverage types and amounts: General Liability. Coverage shall be at least as broad as Insurance Services Office form number CG 00 01 covering COMMERCIAL GENERAL LIABILITY. $5,000,000 combined single limit per occurrence, and for those policies with aggregate limits, a $5,000,000 aggregate limit. King County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the City. Additional Insured status shall include Products-Completed Operations-CG 20 10 11/85 or its equivalent. AGENDA ITEM #7. d) Cost Reimbursement Agreement Page 6 of 6 July 7, 2023 By requiring such liability coverage as specified in this Article IX, King County has not, and shall not be deemed to have, assessed the risks that may be applicable to Contractor. Contractor shall assess its own risks and, if deemed appropriate and/or prudent, maintain greater limits or broader coverage than is herein specified. Contractor agrees to maintain, through its insurance policies, self-funded program or an alternative risk of loss financing program, coverage for all of its liability exposures for the duration of this Agreement. Contractor agrees to provide KCSO with at least thirty (30) days prior written notice of any material change or alternative risk of loss financing program. ARTICLE X. NO THIRD PARTY BENEFICIARIES There are no third party beneficiaries to this agreement. This agreement shall not impart any right enforceable by any person or entity that is not a party hereto. ARTICLE XI. AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. Renton Police Department KING COUNTY SHERIFF’S OFFICE Jon Schuldt, Chief of Police Jesse Anderson, Undersheriff Date Date AGENDA ITEM #7. d) AB - 3414 City Council Regular Meeting - 11 Sep 2023 SUBJECT/TITLE: Agreement No. SWMLSWFA-2023-Renton-00124 (CAG 23-289) with the State of Washington Department of Ecology RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Administration STAFF CONTACT: Meara Heubach, Solid Waste Program Manager EXT.: 7389 FISCAL IMPACT SUMMARY: This agreement provides $132,983 of grant revenue into the 2023-2025 Solid Waste Utility budget for the implementation of a recycling and organics technical assistance program for businesses. The grant requires a match of $44,327.67, which the City will meet with other grant funds. SUMMARY OF ACTION: • The Solid Waste Utility is eligible to receive $132,983 of grant revenue in 2023-2025 through the State of Washington Department of Ecology’s Solid Waste Management Local Solid Waste Financial Assistance (LSWFA) program. • The LSWFA program requires the City to provide a match of $44,327.67. The match will come from a portion of the funds provided by the 2023-2024 Waste Reduction and Recycling grant that the City received from the King County Solid Waste Division. • The LSWFA grant will help fund a technical assistance program that aims to increase recycling and organics service levels and decrease contamination levels at local businesses. • The program will prioritize assistance to medium and large businesses that serve or are staffed by Spanish or Vietnamese speakers. EXHIBITS: A. Interagency Agreement STAFF RECOMMENDATION: Execute InteragencyAgreement No. SWMLSWFA-2023-Renton-00124(CAG 23-289) to accept $132,983 of grantrevenue from the State of Washington Department of Energy to implement a recycling and organics technical assistance program for businesses. AGENDA ITEM #7. e) P&I City of Renton Agreement No. SWMLSWFA-2023-Renton-00124 SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF RENTON This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter referred to as “ECOLOGY,” and CITY OF RENTON, hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: The City of Renton will spend $177,310.67 to reduce recycling contamination by 50 cubic yards, collect 3,000 pounds of solid waste for recycling, and divert 3,000 pounds of organic waste from landfilling. Project Long Description: See the Scope of Work section for more detailed information related to individual Tasks . Overall Goal: Provide regional solutions and intergovernmental cooperation ; prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. $177,310.67 $177,310.67 $132,983.00 $44,327.67 07/01/2023 06/30/2025 Planning & Implementation AGENDA ITEM #7. e) SWMLSWFA-2023-Renton-00124 P&I City of Renton CITY OF RENTON Page 2 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: RECIPIENT INFORMATION Organization Name: Federal Tax ID: UEI Number:UG2PSBS6UJJ3 Mailing Address: Contacts CITY OF RENTON 91-6001271 Renton City Hall, 5th Floor, 1055 South Grady Way Renton, WA 98057-3232 Billing Contact Authorized Signatory Project Manager Armondo Pavone Mayor Renton City Hall, 5th Floor 1055 South Grady Way Renton, Washington 98057-3232 Email: apavone@rentonwa.gov Phone: (425) 430-6500 Meara Heubach Solid Waste Program Manager Renton City Hall, 5th Floor 1055 South Grady Way Renton, Washington 98057-3232 Email: mheubach@rentonwa.gov Phone: (425) 430-7389 Meara Heubach Solid Waste Program Manager Renton City Hall, 5th Floor 1055 South Grady Way Renton, Washington 98057-3232 Email: mheubach@rentonwa.gov Phone: (425) 430-7389 Template Version 12/10/2020 AGENDA ITEM #7. e) SWMLSWFA-2023-Renton-00124 P&I City of Renton CITY OF RENTON Page 3 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Contacts ECOLOGY INFORMATION Mailing Address: Physical Address: Department of Ecology Solid Waste Management PO BOX 47600 Olympia, WA 98504-7600 Solid Waste Management 300 Desmond Drive SE Lacey, WA 98503 Project Manager Financial Manager Olivia Carros PO Box 330316 Shoreline, Washington 98133-9716 Email: ocar461@ecy.wa.gov Phone: (360) 995-3980 Olivia Carros PO Box 330316 Shoreline, Washington 98133-9716 Email: ocar461@ecy.wa.gov Phone: (360) 995-3980 Template Version 12/10/2020 AGENDA ITEM #7. e) SWMLSWFA-2023-Renton-00124 P&I City of Renton CITY OF RENTON Page 4 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:1 Task Cost: $88,655.34 Task Title:Business Recycling/Waste Prevention Task Description: RECIPIENT will increase recycling rates at businesses and reduce recycling contamination by providing recycling technical assistance and education to businesses and monitoring recycling containers for contamination. The RECIPIENT will work with a contractor to provide an enhanced recycling education and contamination reduction program for businesses including: • Identify approximately 70 businesses for program participation based on their waste service levels and whether they serve customers or are owned or staffed by people with limited English proficiency • Provide technical assistance for recycling program design and setup • Monitor and identify recycling contamination issues and amount of contamination • Develop key recycling messages to increase diversion and reduce contamination • Plan and conduct staff education about recyclable materials and common contaminants • Monitor containers to evaluate contamination reduction • Provide feedback/results to businesses and follow-up visits to troubleshoot recycling and contamination issues Educational materials may include transcreated recycling guides, signage, or labels/stickers and may be provided in languages other than English as necessary to reach priority audiences. In accordance with provisions 3 and 19 of the General Terms and Conditions of this Agreement, RECIPIENT is encouraged to work with their Ecology grant manager when developing promotional materials and must provide a draft copy for review and approval 10 business days prior to production and distribution of materials. RECIPIENT may contract for assistance with this task. Reimbursement for costs incurred by contractors to perform work identified in this task are subject to the same eligibility and reimbursement requirements as the RECIPIENT and require ECOLOGY approval. Costs Eligible for Reimbursement • Staff salaries and benefits, and indirect up to and including 30% • Contractor costs • Costs not listed here but pre-approved in writing by ECOLOGY Costs Ineligible for Reimbursement • Collection and disposal costs of any materials collected or advertised as collected for recycling or reuse, and or marketed for recycling or reuse under this task • Overtime unless the individual spent 100% of their time on LSWFA activities in the core 40-hour work week • Costs covered by existing product stewardship organizations and costs covered by new product stewardship organizations that are fully implemented during this agreement period • Costs at collection events that are covered by product stewardship organizations • Staff participation in trainings, workshops and or conferences not pre-approved in writing by ECOLOGY Template Version 12/10/2020 AGENDA ITEM #7. e) SWMLSWFA-2023-Renton-00124 P&I City of Renton CITY OF RENTON Page 5 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: • Costs of membership in civic, business, technical and or professional organizations not pre -approved in writing by ECOLOGY • Costs not supported with required documentation Task Goal Statement: The goal of this task is to increase the amount of material collected for recycling and diverted from disposal by providing recycling technical assistance for businesses. Task Expected Outcome: With the task budget, RECIPIENT estimates, • 3,000 pounds of solid waste reduced • 50 cubic yards of contamination reduction Recipient Task Coordinator: Meara Heubach Deliverables Business Recycling/Waste Prevention Number Description Due Date 1.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 AGENDA ITEM #7. e) SWMLSWFA-2023-Renton-00124 P&I City of Renton CITY OF RENTON Page 6 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:2 Task Cost: $88,655.33 Task Title:Organics Off-site Management Task Description: RECIPIENT will increase participation in organic material diversion from landfilling at businesses in the City of Renton . Every business has different needs and experience barriers when it comes to organics management . RECIPIENT is assisting the transition to organics management by hiring a contractor and providing technical assistance and supplies to businesses . Work performed to complete this task: • Coordinate with contractor to identify approximately 70 businesses in Renton for participation based on their waste service levels and whether they serve customers or are owned or staffed by people with limited English proficiency . • Provide technical assistance for organics program design and set up (container size, orientation, locations, potential service level changes, culturally appropriate posters and signage, container decals, etc.) at participating businesses. • Provide organics collection containers , guidance, and other educational materials for businesses as needed. • Monitor containers to assess contamination and assist business staff with making changes to program design to address contamination issues. • Provide feedback/results to business staff and program information to encourage continued success and participation . In accordance with provisions 3 and 19 of the General Terms and Conditions of this Agreement, RECIPIENT is encouraged to work with their Ecology grant manager when developing promotional materials and must provide a draft copy for review and approval 10 business days prior to production and distribution of materials. RECIPIENT may contract for assistance with this task. Reimbursement for costs incurred by contractors to perform work identified in this task are subject to the same eligibility and reimbursement requirements as the RECIPIENT and require ECOLOGY approval. Costs Eligible for Reimbursement • Staff salaries and benefits, and indirect up to and including 30% • Contractor costs • Organics off-site management program supplies, including interior organics collection containers • Costs not listed here but approved in writing by ECOLOGY Costs Ineligible for Reimbursement • Overtime unless the individual spent 100% of their time on LSWFA activities in the core 40-hour work week • Staff participation in trainings, workshops and/or conferences not pre-approved in writing by ECOLOGY • Costs of membership in civic, business, technical and or professional organizations not pre -approved in writing by ECOLOGY • Costs not supported with required documentation Task Goal Statement: The goal of this Task is to increase the amount of organic waste diverted from the landfill by providing options for businesses to properly manage their organic waste. Template Version 12/10/2020 AGENDA ITEM #7. e) SWMLSWFA-2023-Renton-00124 P&I City of Renton CITY OF RENTON Page 7 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Task Expected Outcome: With the task budget, RECIPIENT estimates, • 3,000 pounds of organic waste diverted from landfilling Recipient Task Coordinator: Meara Heubach Deliverables Organics Off-site Management Number Description Due Date 2.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 AGENDA ITEM #7. e) SWMLSWFA-2023-Renton-00124 P&I City of Renton CITY OF RENTON Page 8 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Title: State Model Toxics Control Operating Account (MTCOA) Type: Funding Source %: Description: 100% Local Solid Waste Financial Assistance Fund: FD Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? Approved State Indirect Rate: 30% 25% No No No BUDGET Funding Distribution EG240051 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: City of Renton 07/01/2023 06/30/2025 Grant City of Renton Task Total Business Recycling/Waste Prevention 88,655.34$ Organics Off-site Management 88,655.33$ 177,310.67$Total: Template Version 12/10/2020 AGENDA ITEM #7. e) SWMLSWFA-2023-Renton-00124 P&I City of Renton CITY OF RENTON Page 9 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Funding Distribution Summary Recipient / Ecology Share Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name $$$%132,983.00 177,310.6744,327.6725.00City of Renton Total $$44,327.67 132,983.00 $177,310.67 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS If the scope of this Agreement includes recycling activity managed or performed by the RECIPIENT at a recycling center (such as a transfer station or drop box location) or other locations, ECOLOGY will not reimburse disposal costs for materials collected or advertised as collected for recycling/reuse or marketed for recycling/reuse under this Agreement , unless approved in writing by ECOLOGY. RECIPIENT must immediately notify ECOLOGY when the RECIPIENT becomes aware that disposal of materials occurred or may occur due to the market conditions for recycled/reused materials. ECOLOGY may deny new costs or require repayment of costs already reimbursed or remove the task from the Agreement or terminate the Agreement. ECOLOGY’s Solid Waste Management (SWM) program will implement a reporting assessment for all RECIPIENTs of grants administered through the SWM program. The assessment determines the RECIPIENT reporting level required throughout the biennium. If RECIPIENT administrative performance or changes in project circumstances trigger a reassessment , RECIPIENT will be notified of any changes to administrative requirements. RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly . The Spending Plan and Outcomes Data Collection form must be completed concurrent with the submittal of each Payment Request/Progress Report. RECIPIENT shall report outcomes in a manner consistent with instructions in the Local Solid Waste Financial Assistance guidelines. RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial (including payment requests), performance, and other reports required by this Agreement. ECOLOGY shall have the right to deny reimbursement of payment requests received after this date. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for Template Version 12/10/2020 AGENDA ITEM #7. e) SWMLSWFA-2023-Renton-00124 P&I City of Renton CITY OF RENTON Page 10 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations . 4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. ·Receives more than $30,000 in federal funds under this award. ·Receives more than 80 percent of its annual gross revenues from federal funds. ·Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is required to report the FFATA information for federally funded agreements , including the required Unique Entity Identifier in www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. Template Version 12/10/2020 AGENDA ITEM #7. e) SWMLSWFA-2023-Renton-00124 P&I City of Renton CITY OF RENTON Page 11 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1.Procure or obtain; 2.Extend or renew a contract to procure or obtain; or 3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 <https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf> , section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list. Template Version 12/10/2020 AGENDA ITEM #7. e) SWMLSWFA-2023-Renton-00124 P&I City of Renton CITY OF RENTON Page 12 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 07/01/2023 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ." (https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement . c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all products supplied under the Agreement , providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology’s public web site . 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered , disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement . RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project : • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements . * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). Template Version 12/10/2020 AGENDA ITEM #7. e) SWMLSWFA-2023-Renton-00124 P&I City of Renton CITY OF RENTON Page 13 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site . • Discuss the IDP with staff, volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site . c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT . 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT . ECOLOGY must sign the Agreement before any payment requests can be submitted . b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement . c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure . d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY . e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests . f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk . To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement . i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement , as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and Template Version 12/10/2020 AGENDA ITEM #7. e) SWMLSWFA-2023-Renton-00124 P&I City of Renton CITY OF RENTON Page 14 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: other reports required by this Agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety . b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements . d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement . ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion . 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request . b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal . d) ECOLOGY reviews the RECIPIENT’s appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such Template Version 12/10/2020 AGENDA ITEM #7. e) SWMLSWFA-2023-Renton-00124 P&I City of Renton CITY OF RENTON Page 15 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office . Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work . b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at : https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement . 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Template Version 12/10/2020 AGENDA ITEM #7. e) SWMLSWFA-2023-Renton-00124 P&I City of Renton CITY OF RENTON Page 16 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement . Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement : a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline . c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY . 20. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to Template Version 12/10/2020 AGENDA ITEM #7. e) SWMLSWFA-2023-Renton-00124 P&I City of Renton CITY OF RENTON Page 17 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports . c) RECIPIENT shall use ECOLOGY’s provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines . RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials . d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement . e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property . f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment , property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 22. RECORDS, AUDITS, AND INSPECTIONS Template Version 12/10/2020 AGENDA ITEM #7. e) SWMLSWFA-2023-Renton-00124 P&I City of Renton CITY OF RENTON Page 18 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement . d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington , for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement . 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work . All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT . RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement . RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to this end the provisions of this Agreement are declared to be severable . 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 AGENDA ITEM #7. e) SWMLSWFA-2023-Renton-00124 P&I City of Renton CITY OF RENTON Page 19 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 27. SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement . a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY’s web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work . Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement . Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments . Template Version 12/10/2020 AGENDA ITEM #7. e) SWMLSWFA-2023-Renton-00124 P&I City of Renton CITY OF RENTON Page 20 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination . RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such . 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 AGENDA ITEM #7. e) AB - 3415 City Council Regular Meeting - 11 Sep 2023 SUBJECT/TITLE: Interagency agreement with King County for 2023-2024 Re+ City Grant (CAG-23-290) RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Administration STAFF CONTACT: Meara Heubach, Solid Waste Program Manager EXT.: 7389 FISCAL IMPACT SUMMARY: This agreement provides $100,000 of grant funding into the 2023-2024 Solid Waste Utility budget for the implementation of a recycling and organics technical assistance program for businesses. This grant fully reimburses the City for expenditures related to the approved scope of work. SUMMARY OF ACTION: • The Solid Waste Utility is eligible to receive $100,000 of competitive non -matching grant funding in 2023-2024 through the King County Solid Waste Division’s Re+ City Grant program. • The City is eligible for this funding because City Council authorized the Mayor to sign the King County Solid Waste Division’s Re+ Pledge (Res. 4496). • The grant will help fund a technical assistance program that aims to increase recycling and organics service levels and decrease contamination levels at local businesses. • The program will prioritize assistance to medium and large businesses that serve or are staffed by Spanish or Vietnamese speakers. • The City applied for the grant in partnership with the City of Kent. The City of Renton is managing the grant and the technical assistance program, so 60% ($60,000.00) of the grant funds will be spent on Renton businesses and 40% ($40,000.00) will be spent on Kent businesses. EXHIBITS: A. Interagency Agreement B. Scope of Work Exhibit B STAFF RECOMMENDATION: Execute an interagencyagreement with King County for the 2023-2024 Re+ City Grant (CAG-23-290)to accept $100,000 of non-matching grant funds to implement a recycling and organics technical assistance program for businesses in the City of Renton and Kent. AGENDA ITEM #7. f) 1 CPA # 6407439 Renton Internal ID # CAG-23-290 INTERAGENCY AGREEMENT FOR THE 2023-2024 RE+ CITY GRANT PROGRAM Between KING COUNTY and the CITY OF RENTON This Agreement for Award of Re+ Grant Funds (“Agreement”) is executed between King County, a charter county and political subdivision of the State of Washington, acting through its Department of Natural Resources, Solid Waste Division, and the City of Renton, a municipal corporation of the State of Washington, hereinafter referred to as “County” and “City” respectively. Collectively, the County and City will be referred to as “Party” or “Parties.” 1. RECITALS 1.1 In 2022, King County launched the Re+ initiative to reinvent the region’s waste system to keep materials in use longer and reduce greenhouse gas emissions. The City of Renton signed onto the Re+ Pledge affirming their support and collaboration towards the shared vision that Re+ represents. The County developed the Re+ City Grant Program, as authorized in King County Code 10.14.025, to support Cities’ efforts to invest in, develop, and deliver on projects that help create a more circular economy, where waste is minimized, materials are kept in use longer, and natural systems are regenerated. Cities that operate under the Solid Waste Comprehensive Management Plan that have signed the Re+ Pledge are eligible to apply for this competitive funding. 1.2 King County has developed the criteria for program eligibility in the Grant Guidelines, attached hereto and incorporated herein as Exhibit A. King County has received a proposed scope of work and budget from the City and has determined that the scope of work and budget, attached hereto and incorporated herein as Exhibit B, are consistent with the Re+ Program and with the Grant Guidelines. 1.3 King County and the City desire to enter into this Agreement for the purpose of establishing the terms and conditions under which King County will provide an award of Re+ City Grant Program funding to the City subject to the budget approval process of the King County Council. NOW THEREFORE, in consideration of mutual promises and covenants contained herein, the Parties hereby agree to the terms and conditions as follows: AGENDA ITEM #7. f) 2 2. AWARD OF GRANT; CONDITIONS OF GRANT 2.1 The Recitals are an integral part of this Agreement and are incorporated herein by this reference. 2.2 King County agrees to grant the City an award of Re+ City Grant Program funds not to exceed $100,000.00 (the “Award”) on a reimbursement basis as described in Section 2.4. The Award shall be used by the City solely for the performance of the activities described in this Agreement. 2.3 The City shall use the grant of Re+ City Grant Program funds to provide waste reduction and recycling programs and/or services as outlined in Exhibit B. The total amount of funds available from this grant in 2023 and 2024 shall not exceed $100,000.00. 2.4 This Agreement provides for distribution of 2023 and 2024 grant funds to the City. Reimbursement for activities carried out and expenses incurred by the City may predate the execution date of this Agreement provided that a) the activities occurred after the City accepts the County’s award notification in writing; b) the activities have been identified by the City as being within the Grant Guidelines, attached herein as Exhibit A, and Scope of Work, attached herein as Exhibit B; b) the expenses are incurred in carrying out the Scope of Work and are authorized by this Award; and c) such activities and expenses otherwise comply with all other terms of this Agreement. Reimbursements shall be paid to the City only after this Agreement has been fully executed. 2.5 During this two-year grant program, the City will submit a minimum of two (2), but no more than eight (8), progress reports to the County in a form determined by the County. Reports must be signed by a City official. These reports will include: a. a completed progress report, which is attached hereto as Exhibit C and incorporated herein by reference; and b. reimbursement requests with both a Budget Summary Report Form, which is attached hereto as Exhibit D and incorporated herein by reference, and an Expense Summary Form, which is attached hereto as Exhibit E and incorporated herein by reference, unless The City has a spreadsheet similar to the Expense Summary Form already in use, in which case the City is free to use that spreadsheet instead of the Expense Summary Form. The City will submit the form or similar spreadsheet and not submit backup documentation for grant expenses. The City shall maintain this documentation in its records. If the City chooses to submit up to the maximum of eight (8) progress reports and requests for reimbursement during the two-year grant program, they shall be due to the County on the last day of the month following the end of each quarter (April 30, July 31, October 31, January 31), except for the final progress report and request for reimbursement, which shall be due by March 21, 2025. If the City chooses to submit the minimum of two progress reports and requests for reimbursement during the two-year grant program, they shall be due to the County by March 15, 2024 and March 21, 2025. Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 5th working day of January 2024 and January 2025, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. AGENDA ITEM #7. f) 3 2.6 If the City accepts funding through this grant program for the provision of waste reduction and recycling programs and projects for other incorporated areas of King County, the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 2.7 Within forty-five (45) days of receiving a request for reimbursement from the City, the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibit B, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City’s report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit B. 2.8 The City shall be responsible for following all applicable federal, state, and local laws, ordinances, rules, and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City’s bid, award, or contracting process. 2.9 During the performance of this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. 2.10 During the performance of this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state, and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 2.11 The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 2.12 The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40.14. These accounts shall be subject to inspection, review, or audit by the County and/or by federal or state officials as so authorized by law. 2.13 The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2025. AGENDA ITEM #7. f) 4 2.14 The City agrees to credit King County on all printed materials provided by the County, which the City is duplicating, for distribution. Either King County’s name and logo must appear on King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: “artwork provided courtesy of King County Solid Waste Division” and/or “text provided courtesy of King County Solid Waste Division.” 2.15 The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for local waste reduction and recycling projects which have been funded through the Re+ City Grant Program. The City agrees to recognize King County on all printed materials developed or purchased using Re+ City Grant Program funds. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced, provided that the County credits the City for the materials. 2.16 The City will provide the King County Project Manager with the date and location of each Re+ City Grant Program-funded event provided by the City, as well as copies of any printed materials used to publicize each event, as soon as they are available but no later than thirty (30) days prior to the event. If there is any change in the date or the location of an event, the City will notify the County a minimum of thirty (30) days prior to the event. If the event brochure is required for admission to the City’s event, the City is exempt from having to provide the brochure to King County. 2.17 This project shall be administered on the City’s behalf by Meara Heubach, Solid Waste Program Manager, or designee. 2.18 The County agrees to credit the City on all printed materials provided by the City to the County, which the County duplicates, for distribution. Either the City’s name and logo will appear on such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit the City for artwork or text provided by the City as follows: “artwork provided courtesy of the City of Renton” and/or “text provided courtesy of the City of Renton.” 2.19 The County retains the right to share the written material(s) produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 2.20 The Re+ City Grant Program shall be administered on King County’s behalf by Annie DeCosta- Klipa, Project Manager, King County Solid Waste Division, or designee. 3. DURATION OF AGREEMENT This Agreement shall become effective on the date of execution of the Agreement by both the County and the City, and shall terminate on June 30, 2025. The City shall not incur any new charges after December 31, 2024. However, this Agreement allows for disbursement of grant funds to the City for County-approved programs initiated between the City’s acceptance of the award notification from the County to the City in writing, and the later execution of the Agreement provided that the City complies with the reporting requirements of Section 2.4 of the Agreement. AGENDA ITEM #7. f) 5 4. TERMINATION 4.1. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. 4.2 . King County may also terminate this Agreement, in whole or in part, for lack of appropriation, upon thirty (30) days prior written notice to the City. In accordance with King County Code 4A.100.070, if King County terminates this Agreement for non-appropriation, then King County’s costs associated with such termination, if any, shall not exceed the appropriation for the biennium in which termination occurs. 4.3 This Agreement may be terminated by either Party, in whole or in part, for cause prior to the termination date specified in Section 3 upon thirty (30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or failure to provide grant-related reports, invoices, or statements as specified in Section 2.5 and Section 2.7 4.4 If the Agreement is terminated as provided in this section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide further services pursuant to this Agreement. 4.5 Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either Party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other Party. 5 AMENDMENTS This Agreement may be amended only by written agreement of the Parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Amendments will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope. Funds may be moved between tasks in the scope of work, attached as Exhibit B, upon written notification by the City to King County and written approval by the County. 6 HOLD HARMLESS AND INDEMNIFICATION The City agrees to indemnify, defend and hold harmless King County, and its elected or appointed officials, employees and agents, from all suits, claims, alleged liability, actions, losses, costs, expenses (including reasonable attorney’s fees), penalties, settlements and damages of whatsoever kind or nature arising out of, in connection with, or incident to any acts or omissions of the City, its employees, agents, contractors or subcontractors in performing its obligations under this Agreement, except of the County’s sole negligence. The City’s obligations under this section shall include, but not be limited to all of the following: (i) The duty to promptly accept tender of defense and provide defense to the County with legal counsel acceptable to the County and at the City’s own expense; (ii) Indemnification of claims made by the City’s own employees or agents; and (iii) Waiver of the City’s immunity under the industrial insurance provisions of Title 51 R.C.W. but only to the extent necessary to indemnify the County, which waiver has been mutually negotiated by the Parties. In the event it is necessary for the County to incur attorney’s fees, legal expenses, or other costs to enforce the provisions of this section, all such fees, expenses, and costs shall be recoverable from The City. The provisions of this Section 6 shall survive the expiration, abandonment, or termination of this Agreement. AGENDA ITEM #7. f) 6 7 INSURANCE 7.1 The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property damage. If the policy has an aggregate limit, a $2,000,000 aggregate shall apply. Any deductible or self-insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on the City’s behalf pursuant to this Agreement. A valid Certificate of Insurance and additional insured endorsement is attached to this Agreement as Exhibit F, unless Section 7.2 applies. 7.2 If the Agency is a Municipal Corporation or an agency of the State of Washington and is self- insured for any of the above insurance requirements, a written acknowledgment of self-insurance is attached to this Agreement as Exhibit F. 7.3 If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of the Washington Cities Insurance Authority (WCIA), a written acknowledgment/certification of current membership is attached to this Agreement as Exhibit F. 8. ENTIRE CONTRACT; NO WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and the City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. 9. TIME IS OF THE ESSENCE The County and the City recognize that time is of the essence in the performance of this Agreement. The Scope of Work set forth in Exhibit B shall be completed by the City no later December 31, 2024. In the event that the Scope of Work is not completed by this date, then King County shall retain any unexpended Award funds. 10. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. AGENDA ITEM #7. f) 7 11 NOTICE Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below: Annie DeCosta Klipa, Project Manager, or a provided designee King County Solid Waste Division Department of Natural Resources and Parks adecostaklipa@kingcounty.gov If to the City: Meara Heubach, Solid Waste Program Manager, or a provided designee City of Renton 1055 S Grady Way Renton, WA 98055-3232 IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below: City of Renton King County _____________________________________ BY__________________________________ Armondo Pavone, Mayor Pat D. McLaughlin, Director City of Renton Solid Waste Division For Dow Constantine, King County Executive _____________________________________ ____________________________________ Date Date City of Renton ATTEST: ______________________________________ Jason A. Seth, MMC, City Clerk ______________________________________ Date City of Renton Approved as to Legal Form: ______________________________________ Cheryl Beyer, Senior Assistant City Attorney, for Shane Moloney, City Attorney ______________________________________ Date AGENDA ITEM #7. f) Exhibit B CPA # 6407439 Renton Internal ID # CAG-23-290 1 Re+ City Grant Program – Agreement with the City of Renton Scope of Work and Budget Initiative Title: Recycling & Organics Technical Assistance to Businesses Funding Amount: $100,000 Initiative Summary: This project will provide recycling and organic waste technical assistance to businesses in Renton and Kent. The project aims to increase recycling and organics service levels and decrease contamination levels at an anticipated 75 businesses. Outreach will prioritize medium and large businesses that serve or are staffed by Spanish or Vietnamese speakers. This project is a collaboration between the City of Renton and City of Kent. Project Description: This project will provide tailored waste prevention technical assistance to an anticipated 45 businesses in Renton and 30 businesses in Kent. The main goal is to reduce the amount of recyclable and organic waste sent to the Cedar Hills Regional Landfill. This goal aligns with King County’s goal of zero wasted resources by 2030. The project will prioritize businesses serving or staffed by Spanish or Vietnamese speakers, which aligns with the Re+ goals of providing everyone with equal access to resources and foregrounding the needs of frontline communities. The project will have four main phases: Phase 1: Consultant procurement and contracting Phase 2: Technical assistance development Phase 3: On-site technical assistance Phase 4: Project evaluation Technical assistance will focus on two areas: •Assessing and right-sizing waste service levels •Providing business staff with training and tools to better identify and separate recoverable materials. Technical assistance may contain elements such as •Recommend service level changes and calculate the cost savings for reducing garbage service. AGENDA ITEM #7. f) Exhibit B CPA # 6407439 Renton Internal ID # CAG-23-290 2 •Provide culturally competent education to business staff in English, Spanish, or Vietnamese about which materials are recyclable or compostable and which items are common contaminants. •Educate businesses about the upcoming HB 1799-related requirements for organics separation and encourage businesses to subscribe to organics collection and/or participate in food rescue programs. •Relabel and coordinate the replacement of exterior garbage, recycling, and organics containers as necessary. •Locate interior garbage, recycling, and organics containers more conveniently. •Provide additional interior recycling and organics containers as appropriate. •Provide a limited supply of compostable bags and bag dispensers as requested. •Post multilingual signs near interior and exterior waste containers. •Conduct follow up visits to troubleshoot arising issues, continue staff education, and assess contamination levels. Project Outcomes: •Increase business participation in recycling and organics collection services and decrease contamination. •Increase the number of businesses in Renton and Kent that subscribe to and participate in recycling and/or organics services. •Increase the recycling and organics service levels of businesses receiving technical assistance. •Decrease recycling and organics contamination at participating businesses. Project Deliverables: •Deliver waste prevention technical assistance to an anticipated 75 businesses in Renton and Kent, prioritizing businesses staffed by Spanish and Vietnamese speaking staff and/or women and minority-owned businesses. •Host two community events for Renton business owners or managers who either speak Spanish or Vietnamese or whose staff or customers tend to speak those languages. •Analysis of visual contamination audits and changes to service levels Core Responsibilities of the City of Renton and the City of Kent: The City of Renton will: •Track expenses •Submit reimbursement requests and progress reports to King County •Select, contract with, and manage consultant work AGENDA ITEM #7. f) Exhibit B CPA # 6407439 Renton Internal ID # CAG-23-290 3 •Pay all consultant invoices •Purchase supplies, such as indoor recycling containers and compostable bags, and provide them to the consultant •Manage the development of all outreach materials, such as signs and mailers •Print outreach materials for Renton businesses •Identify businesses to receive technical assistance •Update the City of Renton’s website with information on the technical assistance program The City of Kent will: •Identify businesses to receive technical assistance •Print outreach materials for Kent businesses •Update the City of Kent website with information on the technical assistance program The City of Renton and City of Kent have agreed to the following budget arrangements: •Grant funds will be allocated 60/40 between work completed in Renton and Kent because Renton staff will be the primary project manager •The City of Renton's project manager will responsibly manage the project to achieve as close to a 60/40 funding split as feasible •The consultant will be required to show on their invoices how much time was spent on Renton businesses and how much was spent on Kent businesses Budget: Item Estimated Timing by Quarter Amount Consultant costs for technical assistance Q3 2023-Q4 2024 $93,750 Supplies Q3 2023-Q4 2024 $6,250 $ 100,000 Line items in the above table can be transferred with written approval by the King County Project Manager. A contract amendment will be required for any changes that increase the overall price of the contract. AGENDA ITEM #7. f) AB - 3416 City Council Regular Meeting - 11 Sep 2023 SUBJECT/TITLE: Change Order No. 5 to CAG-22-163 with Pivetta Brother’s Construction, Inc. for the Rainier Ave S Corridor Improvements - Phase 4 Project RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Public Works Transportation Systems Division STAFF CONTACT: Bob Hanson, Transportation Design Manager EXT.: 7223 FISCAL IMPACT SUMMARY: The fiscal impact of Change Order No. 5 to CAG-22-163 with Pivetta Brother’s Construction Inc. is $174,913.89 and will be paid for by the following Franchise Utilities:PSE, Lumen, and Comcast. SUMMARY OF ACTION: The Rainier Ave S - Phase 4 (S 3rd St to NW 3rd Pl) Project will extend previous corridor improvements from S 3rd St to 1,000 feet north of Airport Way (NW 3rd Pl). Project elements include extending a southbound BAT lane from S 2nd St to S 3rd St, pedestrian improvements with street scaping, pedestrian actuated traffic signal (HAWK), transit facility upgrades, business access management, and a segment of a regional ped/bike path trail (Lake Washington Loop Trail). In the past, the City’s standard for buried conduit was schedule 80 PVC pipe under the travelled way and schedule 40 PVC pipes elsewhere. Alternating between schedules 80 and 40 created a problem at the transition since the wall thickness difference was taken up with the internal dimension and n o adaptors were available to eliminate the discontinuities. The City recently resolved this problem by requiring schedule 80 PVC pipe everywhere. That requirement is spelled out in standard notes in the standard plans for illumination. It is no longer clear that schedule 80 is required for the franchise utilities anywhere including in the travelled way. The Joint Utility Trench (JUT) plans for the Rainier Project call out schedule 40 for all JUT conduits. Failure of schedule 40 conduits is common and neither the City nor the utilities wish to deal with conduit failure in the travelled way, nor do they want to pull cable through a conduit with sharp discontinuities at every street crossing. After full discussion at multiple construction meetings, it was de cided that all conduits would be standardized at schedule 80. The franchise utilities were a part of that discussion, they supplied nearly all of their conduit and all of the conduit that they supplied was schedule 80. EXHIBITS: A. Change Order No. 5 to CAG 22-163 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Change Order No. 5 in the amount of $174,913.89 to CAG-22- 163 with Pivetta Brother’s Construction Inc. for the Rainier Ave S Corridor Improvements – Phase 4 project. AGENDA ITEM #7. g) ContractTitle:Contractor:ContractNo.:FederalAidNo.RainierAveSCorridorImprovements—Phase4PivettaBrothersConstruction,Inc.CAG-22-163STPUL-1615(005)ChangeOrderNo.5ChangeOrderNo.ContractTitle:ContractNo.OrderedbyEngineerElLumpSumElProposedbytheContractor(VECP)BidItemElUnilateralElForceAccountAmountWorkingDaysOriginalContract:$28,284,174.90500CurrentContract:$28,362,893.78500EstimatedNetChangeThisOrder:$174,913.890NewContract:$28,537,807.67500edBy:By:ReidentEngineerDateEngineer(cityofRentonTransportationateDesignManager)ReviewedBy:ConsentBy:7/27/23ErgineerbfRecordDateSurety(Greaterthan25%costand/or2O%Datetimeincrease)ReviewedBy:EndorsedBy:1j#t%dk4o’t7/27/2023CityfRentor’EkojectManagerDateContractorDateReviewedBy:ExecutedBy:CityAttorneyDateCityofRentonPublicWorksDateAdministrator/Mayor5CAG-22-163RainierAveSCorridorImprovements—Phase4Page1of11AGENDA ITEM #7. g) Change Order No. 5 Contract Title: Rainier Ave S Corridor Improvements – Phase 4 Contract No. CAG-22-163 Page 2 of 11 THE CONTRACT IS MODIFIED AS FOLLOWS: Description of Change: D15 – Install 2” Diameter Conduit – PSE Power, -350 LF, $5.95/LF, -$2,082.50 D16 – Install 3” Diameter Conduit – PSE Power, -2,600 LF, $8.10/LF, -$21,060.00 D17 – Install 4” Diameter Conduit – PSE Power, -8,000 LF, $9.45/LF, -$75,600.00 D18 – Install 6” Diameter Conduit – PSE Power, -5,500 LF, $11.35/LF, -$62,425.00 D19 – Install 4” Fiber Optic Conduit – PSE Power, -2,300 LF, $9.45/LF, -$21,735.00 D30 – Install 2” Diameter Conduit – Comcast, -420 LF, $5.95/LF, -$2,499.00 D31 – Install 4” Diameter Conduit – Comcast, -8,900 LF, $9.45/LF, -$84,105.00 D37 – Install 4” Diameter Conduit – Century Link, -22,400 LF, $9.45/LF, -$211,680.00 5-D45 – Install 2” Diameter Schedule 80 Conduit – PSE Power, 350 LF, $7.91/LF, $2,768.50 5-D46 – Install 3” Diameter Schedule 80 Conduit – PSE Power, 2,600 LF, $10.77/LF, $28,002.00 5-D47 – Install 4” Diameter Schedule 80 Conduit – PSE Power, 8,000 LF, $12.57/LF, $100,560.00 5-D48 – Install 6” Diameter Schedule 80 Conduit – PSE Power, 5,500 LF, $15.10/LF, $83,050.00 5-D49 – Install 4” Fiber Optic Schedule 80 Conduit – PSE Power, 2,300 LF, $12.57/LF, $28,911.00 5-D50 – Install 2” Diameter Schedule 80 Conduit – Comcast, 420 LF, $7.91/LF, $3,322.20 5-D51 – Install 4” Diameter Schedule 80 Conduit – Comcast, 8,900 LF, $12.57/LF, $111,873.00 5-D52 – Install 4” Diameter Schedule 80 Conduit – Century Link, 22,400 LF, $12.57/LF, $281,568.00 The Contractor is directed to install the conduit in the joint utility trench as Schedule 80 Conduit instead of the Schedule 40 Conduit required in the plans. Reason for Change: The plans and specifications required the Contractor to install Schedule 40 conduit. City of Renton standards require that conduit to be installed under the roadway be Schedule 80 conduit. Since a large portion of the conduit to be installed is under the roadway or under driveways it was determined that all of the conduit should be Schedule 80 to eliminate the transitions within conduit runs, which would impact the franchise utilities ability to pull cables through the conduits, and eliminate the risk that conduit is installed with the incorrect wall thickness. Affects DBE Work: ☒ Yes ☐ No Materials: Schedule 80 Conduit – Owner Supplied Plans: None. Equitable Adjustment: This Change Order does include an equitable adjustment per Section 1-09.4 of the 2022 WSDOT/APWA Standard Specifications. See attached. AGENDA ITEM #7. g) Change Order No. 5 Contract Title: Rainier Ave S Corridor Improvements – Phase 4 Contract No. CAG-22-163 Page 3 of 11 The new unit prices to install franchise utility supplied Schedule 80 Conduit instead of franchise utility supplied Schedule 40 Conduit were proposed by the Contractor in Serial Letter 004. An engineer’s estimate was prepared using estimated production rates, crew sizes, and rates. The estimated cost to install the Schedule 80 Conduit was $894,959.42. Based on the estimated cost the Contractor’s proposed pricing of $640,054.70 was accepted. The amount of $640,054.70 was then reduced by $481,186.50, the amount to complete this work using the original bid items. This resulted in an added cost of $158,868.20 on which the 10.1% sales tax was applied to come to a total change amount of $174,913.89. Estimated Cost to Install Schedule 40 Conduit: $481,186.50 Estimated Cost to Install Schedule 80 Conduit: $640,054.70 Estimated Total Change Order Cost with Sales Tax: $174,913.89 Extension of Time: The Time for Completion is extended __0__ Working Days. Sections 1-04.4 and 1-04.5 of the 2022 WSDOT/APWA Standard Specifications shall govern this Change Order. The Work of the referenced Contract is modified to include the changes detailed herein. The payment provided for herein shall constitute the complete and final settlement for all costs of labor, equipment, materials, overhead, profit, permit fees, and all other claims that may be made by the Contractor as a result of this change. To be attached to Change Order: ☐ Estimated Change Order Cost ☐ Plans ☐ Field Directive/Request for Information Response/Serial Letter ☐ Change Order Quotation ☐ Project Labor List ☐ Force Account Equipment Rate Request (DOT Form 422-010 EF) ☐ Overhead Adjustment Determination AGENDA ITEM #7. g) Item No.Quantity Unit Price 5-D45 18.9 153.00$ 5-D46 156 153.00$ 5-D47 552 153.00$ 5-D48 396 153.00$ 5-D49 158.7 153.00$ 5-D50 22.68 153.00$ 5-D51 614.1 153.00$ 5-D52 1545.6 153.00$ 5-D45 to 5-D52 $529,988.94 0.31$ 5-D45 18.9 25.00$ 5-D46 156 25.00$ 5-D47 552 25.00$ 5-D48 396 25.00$ 5-D49 158.7 25.00$ 5-D50 22.68 25.00$ 5-D51 614.1 25.00$ 5-D52 1545.6 25.00$ 5-D45 to 5-D52 $86,599.50 0.21$ 5-D45 to 5-D52 $799,070.91 0.12$ 5-D45 to 5-D52 CALCULATED TOTAL: ESTIMATED TOTAL TO INSTALL SCHEDULE 40 CONDUIT: D15 -350 5.95$ D16 -2600 8.10$ D17 -8000 9.45$ D18 -5500 11.35$ D19 -2300 9.45$ D30 -420 5.95$ D31 -8900 9.45$ D37 -22400 9.45$ 5-D45 350 7.91$ 5-D46 2600 10.77$ 5-D47 8000 12.57$ 5-D48 5500 15.10$ 5-D49 2300 12.57$ 5-D50 420 7.91$ 5-D51 8900 12.57$ 5-D52 22400 12.57$ Per attached determination Summary of Contractors Quotes: Item Quote Location 5-D46 to 5-D52 SL004 Total Quoted Added Cost: Equipment = (6.9 Hours/100 LF) = 0.069 HR/LF x 22400 LF = 1545.6 Hours/LF Hours $38,640.00 $24,281.10 $3,470.04 $93,957.30 $236,476.80 Equipment = (5.4 Hours/100 LF) = 0.054 HR/LF x 420 LF = 22.68 Hours/LF Hours $567.00 Equipment = (6.9 Hours/100 LF) = 0.069 HR/LF x 8900 LF = 614.1 Hours/LF Hours $15,352.50 Equipment = (7.2 Hours/100 LF) = 0.072 HR/LF x 5500 LF = 396 Hours/LF Hours $9,900.00 Equipment = (6.9 Hours/100 LF) = 0.069 HR/LF x 2300 LF = 158.7 Hours/LF Hours $3,967.50 Equipment = (6 Hours/100 LF) = 0.06 HR/LF x 2600 LF = 156 Hours/LF Hours $3,900.00 Equipment = (6.9 Hours/100 LF) = 0.069 HR/LF x 8000 LF = 552 Hours/LF Hours $13,800.00 Hours Hours $23,868.00 $84,456.00 $60,588.00 Hours Hours Hours Hours Hours Labor = (6.9 Hours/100 LF) = 0.069 HR/LF x 8900 LF = 614.1 Hours/LF Labor = (6.9 Hours/100 LF) = 0.069 HR/LF x 22400 LF = 1545.6 Hours/LF Labor = (6 Hours/100 LF) = 0.06 HR/LF x 2600 LF = 156 Hours/LF Labor = (6.9 Hours/100 LF) = 0.069 HR/LF x 8000 LF = 552 Hours/LF Labor = (7.2 Hours/100 LF) = 0.072 HR/LF x 5500 LF = 396 Hours/LF Labor = (6.9 Hours/100 LF) = 0.069 HR/LF x 2300 LF = 158.7 Hours/LF Labor = (5.4 Hours/100 LF) = 0.054 HR/LF x 420 LF = 22.68 Hours/LF $3,322.20 $111,873.00 Estimated Change Order Sales Tax Cost $16,045.69 Estimated Total Change Order Cost with Sales Tax $174,913.89 Estimated Costs to Install Schedule 40 Conduit $481,186.50 $2,768.50 $28,002.00 $100,560.00 $83,050.00 $28,911.00 -$62,425.00 -$21,735.00 -$2,499.00 -$84,105.00 -$211,680.00 Install 4" Fiber Optic Schedule 80 Conduit - PSE Power Install 2" Diameter Schedule 80 Conduit - Comcast Install 4" Diameter Schedule 80 Conduit - Comcast LF LF LF LF LF LF LF LF LF LF LF LF Labor Markup Cents/Dollar $164,296.57 Equipment = (5.4 Hours/100 LF) = 0.054 HR/LF x 350 LF = 18.9 Hours/LF Hours $472.50 Description Engineers Estimate Unit Estimated Cost Labor = (5.4 Hours/100 LF) = 0.054 HR/LF x 350 LF = 18.9 Hours/LF Hours $2,891.70 LF -$2,082.50 Install 4" Diameter Schedule 80 Conduit - Century Link Install 6" Diameter Conduit - PSE Power Install 4" Fiber Optic Conduit - PSE Power Install 2" Diameter Conduit - Comcast Install 4" Diameter Conduit - Comcast Install 4" Diameter Conduit - Century Link Install 2" Diameter Schedule 80 Conduit - PSE Power Install 3" Diameter Schedule 80 Conduit - PSE Power Install 4" Diameter Schedule 80 Conduit - PSE Power Install 6" Diameter Schedule 80 Conduit - PSE Power Change Order No. 5 By: Jordan Howe Date: 7/27/2023 Rainier Ave S Corridor Improvements - Phase 4 Pivetta Brothers Construction, Inc. CAG-22-163 STPUL-1615(005) Perteet Change Order Cost (Equitable Adjustment) Project Name: Contractor: Federal Aid No: Contract No: Construction Manager: 415,995.02$ Mobilization Estimate TOTAL Estimated Change Order Cost without Sales Tax Pennies/Dollar LF LF Install 3" Diameter Conduit - PSE Power LF Subcontractor Markup By Agreement Bid Item Change Quoted Cost Overhead $0.00 415,995.02$ 21%$0.00 Equipment Markup Cents/Dollar $18,185.90 Materials Markup $158,868.20 $158,868.20 $0.00 Install 4" Diameter Conduit - PSE Power LF Materials EA -$75,600.00 $281,568.00 $0.00 -$21,060.00 Install 2" Diameter Conduit - PSE Power $95,888.51 Subcontractor Estimate $0.00 $894,959.42 $640,054.70 $0.00 Services Markup 21%$0.00 Services Schedule 80 Conduit Change - Estimated Change Order Cost Change Order #5 - Page 4 of 11 AGENDA ITEM #7. g) Serial Letter: 004 April 24, 2023 To: Michelle Faltaous City of Renton 1055 South Grady Way Renton, Washington 98057 Reference Project: CAG-22-163, Rainier Ave S Corridor Improvements – Phase 4 Project Subject: PCO‐08 Schedule 80 Conduit at Joint Utility Trench Mrs. Michelle Faltaous: Pursuant to section 1-04.4, the City of Renton has requested that Pivetta Brothers Construction, Inc. (Pivetta) provide pricing due to the utilities providing schedule 80 PVC conduit instead of schedule 40 PVC conduit as indicated in note 6 on sheet 162 of the drawings. This change does not affect the City of Renton or 5G Network conduits since the special provisions identified these as being schedule 80 PVC. The additional effort for this work was calculated using the National Electrical Contractors Association’s (NECA) Manual of Labor Units which show a 33% increase in labor for Golden Gate Electric. A portion of this labor can be accommodated with Golden Gates Electric’s manpower but it will impact Pivetta’s ability to install an average of 100 LF of Joint Utility Trench (JUT). Based on the lower production identified by the NECA Manual of Labor, we now anticipate installing only 80 LF of JUT per day, on average. This slower production will add 16 Working Days to Pivetta’s operations and we have included this pricing as well. The detailed estimates are attached and summarized per pay item as follows: Pay Item Added Cost D15 - Install 2" Diameter Conduit PSE Provided $941.45 D16 - Install 3" Diameter Conduit PSE Provided $9,536.80 D17 - Install 4" Diameter Conduit PSE Provided $34,123.34 D18 - Install 6" Diameter Conduit PSE Provided $27,929.79 D19 - Install 4" Fiber Optic Conduit PSE Provided $9,842.47 D30 - Install 2" Diameter Conduit Comcast Provided $1,129.74 D31 - Install 4" Diameter Conduit Comcast Provided $37,905.96 D37 - Install 4" Diameter Conduit Century Link Provided $94,645.34 D8 – Structure Excavation Class B Incl. Haul for JUT $199,940.13 D6 – Gravel Borrow Incl. Haul Incl. Above Change Order #5 - Page 5 of 11 Schedule 80 Conduit Change - Change Order Quotation AGENDA ITEM #7. g) D9 – Shoring or Extra Excavation Class B for JUT Incl. Above D13 – Sand Bedding Incl. Haul for JUT Incl. Above D14 - Controlled Density Fill Incl. Haul, for JUT Incl. Above Total Cost 415,995.02 Along with the costs associated with this change, Pivetta is also requesting an additional 16 Working Days pursuant to section 1-08.8.5.a. These additional days were calculated as follows: Description LF of JUT Average Daily Production Number of Working Days Baseline Project Schedule 6,505 LF 100 LF/Day 65 Working Days PCO-008 Change 6,505 LF 80 LF/Day 81 Working Days Added Days 16 Working Days Please feel free to contact me, at (206) 914-2723 if you have any questions or concerns. Respectfully, Bill Adams Sr. Project Manager w/ Attachments: PCO-008 Schedule 80 Conduit - Golden Gate Pricing NECA Labor Change Schedule 40 vs 80 Utilities NECA Labor Manual Labor Rates Conduit PCO-008 Schedule 80 Conduit – Pivetta Costs Cc: Jordan Howe, Perteet Russ Owen, Pivetta Change Order #5 - Page 6 of 11 Schedule 80 Conduit Change - Change Order Quotation AGENDA ITEM #7. g) Project No.: 2022‐148PCOProject Name: Rainier Ave S Phase 4TitleDate:4/24/2023Item No.DescriptionQty UOMSucontractor Added CostPivetta MarkupTotal Added CostUnit Price Added Cost Old Unit Price New Unit PriceGolden Gate ElectricD15 ‐ Install 2" Diameter Conduit PSE Provided350 LF $840.58 $100.87 $941.45 $2.69 $5.95 $8.64D16 ‐ Install 3" Diameter Conduit PSE Provided2,600 LF $8,515.00 $1,021.80 $9,536.80 $3.67 $8.10 $11.77D17 ‐ Install 4" Diameter Conduit PSE Provided8,000 LF $30,566.67 $3,556.67 $34,123.34 $4.27 $9.45 $13.72D18 ‐ Install 6" Diameter Conduit PSE Provided5,500 LF $24,937.31 $2,992.48 $27,929.79 $5.08 $11.35 $16.43D19 ‐ Install 4" Fiber Optic Conduit PSE Provided2,300 LF $8,787.92 $1,054.55 $9,842.47 $4.28 $9.45 $13.73D30 ‐ Install 2" Diameter Conduit Comcast Provided420 LF $1,008.70 $121.04 $1,129.74 $2.69 $5.95 $8.64D31 ‐ Install 4" Diameter Conduit Comcast Provided8,900 LF $34,005.42 $3,900.54 $37,905.96 $4.26 $9.45 $13.71D37 ‐ Install 4" Diameter Conduit Century Link Provided22,400 LF $85,586.67 $9,058.67 $94,645.34 $4.23 $9.45 $13.68$194,248.27 $21,806.62 $216,054.89Notes:008Schedule 80 Conduit for JUTChange Order PricingTotal CostChange Order #5 - Page 7 of 11Schedule 80 Conduit Change - Change Order QuotationAGENDA ITEM #7. g) Item Description Unit Plan Quanity Neca Rate Sch 40 with 20 Foot sticks Neca Rate Sch 80 with 20 Foot Sticks Labor Unit Labor Difference Percentage Increase Bid price per foot Revised price per foot Allowed Markup on Difference Total ajusted Price Orginal Bid totals Revised bid total D15 LF 350 4.05 5.40 C 1.35 33%5.50$ 7.33$ 0.57$ 7.90$ 1,925.00$ 2,765.58$ D16 LF 2600 4.50 6.00 C 1.50 33%7.50$ 10.00$ 0.78$ 10.78$ 19,500.00$ 28,015.00$ D17 LF 8000 5.18 6.90 C 1.73 33%8.75$ 11.67$ 0.90$ 12.57$ 70,000.00$ 100,566.67$ D18 LF 5500 5.40 7.18 C 1.78 33%10.50$ 13.96$ 1.07$ 15.03$ 57,750.00$ 82,687.31$ D19 LF 2300 5.18 6.90 C 1.73 33%8.75$ 11.67$ 0.90$ 12.57$ 20,125.00$ 28,912.92$ D30 LF 420 4.05 5.40 C 1.35 33%5.50$ 7.33$ 0.57$ 7.90$ 2,310.00$ 3,318.70$ D31 LF 8900 5.18 6.90 C 1.73 33%8.75$ 11.67$ 0.90$ 12.57$ 77,875.00$ 111,880.42$ D37 LF 22400 5.18 6.90 C 1.73 33%8.75$ 11.67$ 0.90$ 12.57$ 196,000.00$ 281,586.67$ Totals 445,485.00$ 639,733.26$ Install 2" Diameter Conduit Comcast Provided Install 4" Diameter Conduit Comcast Provided Install 4" Diameter conduit Century Link Provided Install 2 " Diameter Conduit PSE Provided Install 3 " Diameter Conduit PSE Provided Install 4 " Diameter Conduit PSE Provided Install 6 " Diameter Conduit PSE Provided Install 4 " Fiver Optic Conduit PSE Provided Change Order #5 - Page 8 of 11 Schedule 80 Conduit Change - Change Order Quotation AGENDA ITEM #7. g) Description Rev Normal Difficult Very Difficult Company Experience Unit NECA Manual of Labor Units 2021-2022 Edition Section 8: Division 26—Electrical PVC Duct Bank Conduit Spacers 1/2-inch - 2-inch 12.00 14.00 16.00 C 2 1/2-inch - 6-inch 20.00 25.00 30.00 C Schedule 40 PVC Conduit Laid In Trenches - 10-foot & 20-foot Lengths with Glued Couplings Note: Reduce labor units for 20-foot lengths by 10% 3/4-inch 3.50 4.50 5.50 C 1-inch 3.75 4.75 5.75 C 1 1/4-inch 4.00 5.00 6.00 C 1 1/2-inch 4.25 5.30 6.35 C 2-inch 4.50 5.60 6.75 C 2 1/2-inch 4.75 5.90 7.10 C 3-inch 5.00 6.25 7.50 C 3 1/2-inch 5.25 6.55 7.85 C 4-inch 5.50 6.85 8.25 C 5-inch 5.75 7.15 8.60 C 6-inch 6.00 7.50 9.00 C Schedule 40 PVC Conduit Laid In Trenches - 90 Degree Elbows Note: Add 20% for wide sweep elbows 1/2-inch 0.20 0.25 0.30 E 3/4-inch 0.22 0.28 0.33 E 1-inch 0.25 0.31 0.38 E 1 1/4-inch 0.32 0.40 0.48 E 1 1/2-inch 0.40 0.48 0.60 E 2-inch 0.50 0.63 0.75 E 2 1/2-inch 0.60 0.75 0.90 E 3-inch 0.70 0.84 1.05 E 3 1/2-inch 0.85 1.06 1.28 E 4-inch 1.00 1.25 1.50 E 5-inch 1.25 1.56 1.88 E 6-inch 1.50 1.88 2.25 E Schedule 40 PVC Conduit Laid In Trenches - Threaded Adapters 1/2-inch 0.14 0.17 0.21 E 3/4-inch 0.16 0.20 0.24 E 1-inch 0.18 0.22 0.27 E 1 1/4-inch 0.20 0.25 0.30 E 1 1/2-inch 0.25 0.31 0.37 E 2-inch 0.30 0.37 0.45 E 2 1/2-inch 0.40 0.50 0.60 E 3-inch 0.50 0.62 0.75 E 3 1/2-inch 0.65 0.81 0.97 E 4-inch 0.80 1.00 1.20 E 5-inch 1.00 1.25 1.50 E 6-inch 1.25 1.55 1.85 E Schedule 40 PVC Conduit Laid In Trenches - Expansion Couplings 1/2-inch 0.50 0.62 0.75 E 3/4-inch 0.60 0.75 0.90 E 1-inch 0.70 0.87 1.05 E 1 1/4-inch 0.80 1.00 1.20 E 1 1/2-inch 0.90 1.12 1.35 E 2-inch 1.00 1.25 1.50 E 2 1/2-inch 1.15 1.43 1.72 E 3-inch 1.30 1.62 1.95 E 3 1/2-inch 1.50 1.85 2.25 E 4-inch 1.75 2.15 2.60 E 5-inch 2.00 2.50 3.00 E 6-inch 2.25 2.75 3.25 E Field Bend Schedule 40 PVC Conduit & Installation Note: Add 10% for each field cut & ream 1/2-inch 0.40 0.50 0.60 E 3/4-inch 0.50 0.60 0.75 E 1-inch 0.60 0.75 0.90 E 1 1/4-inch 0.65 0.81 0.98 E 1 1/2-inch 0.80 1.00 1.20 E 2-inch 1.00 1.25 1.50 E 2 1/2-inch 1.20 1.50 1.80 E 3-inch 1.40 1.75 2.10 E 3 1/2-inch 1.70 2.13 2.55 E 4-inch 2.00 2.50 3.00 E 5-inch 3.15 3.94 4.73 E 6-inch 4.20 5.25 6.30 E © 2021 National Electrical Contractors Association 269 8 Change Order #5 - Page 9 of 11 Schedule 80 Conduit Change - Change Order Quotation AGENDA ITEM #7. g) Description Rev Normal Difficult Very Difficult Company Experience Unit NECA Manual of Labor Units 2021-2022 Edition Section 8: Division 26—Electrical Schedule 80 PVC Conduit Laid In Trenches - 10-foot & 20-foot Lengths with Glued Couplings 1/2-inch 4.00 5.00 6.00 C 3/4-inch 4.20 5.20 6.20 C 1-inch 4.50 5.50 6.50 C 1 1/4-inch 4.80 5.80 6.80 C 1 1/2-inch 5.10 6.10 7.10 C 2-inch 5.40 6.40 7.40 C 2 1/2-inch 5.70 6.70 7.70 C 3-inch 6.00 7.00 8.00 C 4-inch 6.90 7.90 8.90 C 5-inch 7.20 8.20 9.20 C 6-inch Schedule 80 PVC Conduit Laid In Trenches - 90 Degree Elbows Note: Add 20% for wide sweep elbows 1/2-inch 0.22 0.27 0.32 E 3/4-inch 0.24 0.29 0.34 E 1-inch 0.28 0.33 0.38 E 1 1/4-inch 0.35 0.40 0.45 E 1 1/2-inch 0.46 0.56 0.66 E 2-inch 0.58 0.73 0.88 E 2 1/2-inch 0.69 0.89 1.09 E 3-inch 0.84 1.09 1.34 E 4-inch 1.20 1.70 2.20 E 5-inch 1.50 2.00 2.50 E 6-inch 1.80 2.30 2.80 E Schedule 80 PVC Conduit Laid In Trenches - Threaded Adapters 1/2-inch 0.16 0.19 0.23 E 3/4-inch 0.18 0.22 0.26 E 1-inch 0.20 0.24 0.28 E 1 1/4-inch 0.22 0.27 0.32 E 1 1/2-inch 0.30 0.35 0.40 E 2-inch 0.35 0.42 0.47 E 2 1/2-inch 0.45 0.55 0.65 E 3-inch 0.60 0.70 0.80 E 4-inch 0.70 0.85 1.00 E 5-inch 0.85 1.15 1.35 E 6-inch 1.20 1.40 1.70 E Schedule 80 PVC Conduit Laid In Trenches - Expansion Couplings 1/2-inch 0.25 0.30 0.35 E 3/4-inch 0.30 0.36 0.41 E 1-inch 0.40 0.48 0.55 E 1 1/4-inch 0.50 0.60 0.70 E 1 1/2-inch 0.65 0.78 0.90 E 2-inch 0.75 0.90 1.05 E 2 1/2-inch 0.85 1.02 1.17 E 3-inch 1.05 1.26 1.45 E 4-inch 1.40 1.68 1.93 E 5-inch 1.65 1.98 2.28 E 6-inch 1.90 2.28 2.62 E Field Bend Schedule 80 PVC Conduit & Installation Note: Add 10% for each field cut & ream 1/2-inch 0.50 0.60 0.70 E 3/4-inch 0.60 0.70 0.80 E 1-inch 0.70 0.85 1.00 E 1 1/4-inch 0.80 0.96 1.12 E 1 1/2-inch 1.00 1.20 1.40 E 2-inch 1.25 1.50 1.75 E 2 1/2-inch 1.50 1.75 2.00 E 3-inch 1.75 2.00 2.25 E 4-inch 2.00 2.25 2.50 E 5-inch 2.40 2.90 3.40 E 6-inch 3.65 4.44 5.23 E 270 © 2021 National Electrical Contractors Association 8 Change Order #5 - Page 10 of 11 Schedule 80 Conduit Change - Change Order Quotation AGENDA ITEM #7. g) Job #2022‐148 Project Name Rainier Ave. S ‐ Phase 4 Station Date:4/24/2023 Bid Item Multiple Customer E.W.O #Phase Weather Description Labor Class Hours O/T Hours Rate O/T Rate Extended Foreman 30‐50 16 94.61$ ‐$ 1,513.76$ Operator 15‐30 32 89.88$ ‐$ 2,876.16$ ‐$ ‐$ Foreman 15‐30 128 93.82$ ‐$ 12,008.96$ Operator 15‐30 128 89.88$ ‐$ 11,504.64$ Operator 15‐30 128 89.88$ ‐$ 11,504.64$ Grader/Pipelayer ‐ Le 128 69.19$ ‐$ 8,856.32$ Laborer 128 65.76$ ‐$ 8,417.28$ ‐$ ‐$ Flagging TCS 32 63.23$ ‐$ 2,023.36$ ‐$ ‐$ Equipment Description Year Hours Stby Hours Rate Stby Rate Extended P‐XXX FOREMAN TRUCK 16 25.72$ ‐$ 411.52$ ‐$ ‐$ ‐$ P‐XXX FOREMAN TRUCK 128 25.72$ ‐$ 3,292.16$ EX‐123 135 Excavator 128 101.38$ ‐$ 12,976.64$ EX‐140 JD 86 Excavator 128 108.90$ ‐$ 13,939.20$ WL‐121 L70H Loader 128 89.38$ ‐$ 11,440.64$ R‐114 Bomag 47" DD 128 31.97$ ‐$ 4,092.16$ ‐$ ‐$ ‐$ P‐142 SIGN TRUCK 128 25.72$ ‐$ 3,292.16$ Z Arrow Board 6.5 128 7.25$ ‐$ 928.00$ ‐$ ‐$ ‐$ Speed Shore Jacks ‐ 100 128 0.88$ ‐$ 113.14$ Steel Plates ‐ 20 128 20.94$ ‐$ 2,680.75$ Materials Date Supplier QTY Amount Subcontractors Date Type QTY Amount Information Required 1 2 Name 3 Notified 4 Time 5 Method Cost Breakdown Sub Total x M/U =Total $58,705.12 29% $75,729.60 WSDOT 1‐09.6 Sick Leave $58,705.12 2% $59,879.22 $53,166.37 21% $64,331.31 $0.00 21% $0.00 $0.00 12%/10%/7% $0.00 Calculated Total:$199,940.13 Materials Subcontractor Labor Equipment Contact Agency Inspection Authority Name:Work Description Invoice #Material Type The utilities are providing Schedule 80 conduit for the JUT in lieu of the contract specified Schedule 40. Golden Gate has additional costs for this effort based on the NECA estimating rates. These costs are only for the costs attributed to Pivetta's work and Golden Gates Efforts have been priced separately to better accomodate the unit price breakdown for the conduit installation. Name: First, Last Trail, Anthony Phipps, James Hamilton, Scott Change Order #5 - Page 11 of 11 Schedule 80 Conduit Change - Change Order Quotation AGENDA ITEM #7. g) AB - 3422 City Council Regular Meeting - 11 Sep 2023 SUBJECT/TITLE: Change Order No. 6 to CAG-22-163 with Pivetta Brother’s Construction, Inc. for the Rainier Ave S Corridor Improvements - Phase 4 Project RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Public Works Transportation Systems Division STAFF CONTACT: Bob Hanson, Transportation Design Manager EXT.: 7223 FISCAL IMPACT SUMMARY: The fiscal impact of Change Order No. 6 to CAG-22-163 with Pivetta Brother’s Construction Inc. is $130,000.00 and will be paid from the Rainier Ave S/N Phase 4 fund (317.122195.015.595.30.63.001). SUMMARY OF ACTION: The Rainier Ave S - Phase 4 (S 3rd St to NW 3rd Pl) Project will extend previous corridor improvements from S 3rd St to 1,000 feet north of Airport Way (NW 3rd Pl). Project elements include extending a southbound BAT lane from S 2nd St to S 3rd St, pedestrian improvements with street scaping, pedestrian actuated traffic signal (HAWK), transit facility upgrades, business access management, and a segment of a regional ped/bike path trail (Lake Washington Loop Trail). The plans and specifications required the Contractor to perform clearing and grubbing. The clearing and grubbing which was shown on the plans only required the Contractor to remove specific trees. Since there were many areas which contained grass and shrubs which needed to be removed to complete the proposed work, the Contractor was issued revised site preparation plans which showed all the required clearing and grubbing areas. The City of Renton determined that since the clearing and grubbing was a lump sum item in the contract, additional clearing and grubbing beyond what was included in the plans would be a changed condition warranted additional compensation for the contractor. The item to perform the clearing and grubbing which was added as part of Field Directive #35 was created as a force account item based on historic pricing (with added premium related to the quantity of contamination of the organic materials with trash) and an independent cost estimate. An engineer’s estimate was prepared using estimated production rates, crew composition, and rates. The estimated cost to perform clearing and grubbing was $130,000.00. Based on the estimated cost the Contractor’s proposed pricing was rejected and it was determined that this work would be tracked and paid on a force account basis. EXHIBITS: A. Change Order No. 6 to CAG 22-163 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Change Order No. 6 to CAG-22-163 with Pivetta Brother’s Construction Inc. for the Rainier Ave S Corridor Improvements – Phase 4 project. AGENDA ITEM #7. h) Contract Title: Change Order No. 6 Rainier Ave S Corridor Improvements -Phase 4 Contractor: Pivetta Brothers Construction, Inc. Contract No. CAG-22-163 Federal Aid No. STPUL-1615(005) 181 Ordered by Engineer D Proposed by the Contractor (VECP) D Unilateral D LumpSum □Bid Item 181 Force Account Amount Working Days f--------------------+-----------1--Original Contract: Current Contract: Estimated Net Change This Order: New Contract: sident Engineer Reviewed By: �� I I� ' Engineer of Record Reviewed By: roject Manager Reviewed By: City Attorney 6 Date 8/3/2023 Date 8/3/2023 Date Date 500 -----------l500 -----------l0 -----------l $28,284,174.90 $28,576,424.43 $130,000.00 $28,706,424.43 500 ________ __, Design Manager) Consent By: portation Date Surety (Greater than 25% cost and/or 20% time increase) Date Endorsed By: Digitally signed by Bill Bill Adams ��f.:'.1�023.os.15 a11s12023 Contractor 19:z3.25-DI o=o-------Date Executed By: City of Renton Public Works Administrator/ Mayor Date Change Order No. Contract Title: Rainier Ave 5 Corridor Improvements - Phase 4 Contract No. CAG-22-163 Page 1 of 27 AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) Serial Letter: 005 April 26, 2023 To:Michelle Faltaous City of Renton 1055 South Grady Way Renton, Washington 98057 Reference Project: CAG-22-163, Rainier Ave S Corridor Improvements – Phase 4 Project Subject: PCO-09 Clear and Grub Mrs. Michelle Faltaous: Pursuant to section 1-04.4, the City of Renton has requested that Pivetta Brothers Construction, Inc. (Pivetta)provide pricing to clear landscaping since the drawings did not identify the clearingand grubbinglimits as required by section 2-01.5 of the Special Provisions. The cost for this change is estimated at $290,474.32andwas calculated by quantifying three different areas along the alignment: Light Vegetation (grass or small brush), Heavy Shrubbery (thick bushes up to 2’ tall), and Heavy Vegetation (talldense vegetation). Our calculated quantities are attached for the City’s review. Production was calculated using a “measured mile” with the clearing of the grass at McDonald’s. This area is measured at 1,720 SF and took 6.5 hours to grub. Pivetta estimated that the Heavy Shrubbery would be half the production of the Light Vegetation and the Heavy Vegetation would be a quarter of the production. Additionally, the load out of the material at our yard and the dump fees associated with it have been included. We are available to Please feel free to contact me, at (206) 914-2723 if you have any questions or concerns. Respectfully, Bill Adams Sr. Project Manager AGENDA ITEM #7. h) w/ Attachments: PCO-009 Clear and Grade Pricing Clear and Grub Quantities Clear and Grub Take-off Cc: Jordan Howe, Perteet Russ Owen, Pivetta AGENDA ITEM #7. h) Project No.:2022148Project Name:Rainier Ave SPhase 4Date:4/25/2023ItemNo.DescriptionQty UOMProductionRate(MH/UOM) Manhours Labor Rate Labor CostEquipmentHoursEquipmentRateEquipmentCost Unit Price Material CostSucontractorCost Item CostClearing Light Vegetation28,166 SFForeman 28,166 SF 0.0019 53 $93.82 $4,993.16 53 $25.72 $1,368.83 $6,362.00Operator 1530 (85G) 28,166 SF 0.0038 106 $89.88 $9,566.94 106 $108.90 $11,591.46 $21,158.40Site Truck 28,166 SF 0.0038 106 $93.89 $9,993.77 106 $138.34 $14,725.09 $24,718.86Heavy Shrubbery19,710 SFForeman 19,710 SF 0.0038 74 $93.82 $6,988.23 74 $25.72 $1,915.77 $8,903.99Operator 1530 (85G) 19,710 SF 0.0076 149 $89.88 $13,389.51 149 $108.90 $16,222.93 $29,612.44Site Truck 19,710 SF 0.0076 149 $93.89 $13,986.88 149 $138.34 $20,608.64 $34,595.52Heavy Vegetation2,216 SFForeman 2,216 SF 0.0076 17 $93.82 $1,571.38 17 $25.72 $430.78 $2,002.16Operator 1530 (135) 2,216 SF 0.0151 33 $89.88 $3,010.77 33 $101.38 $3,395.99 $6,406.77Site Truck 2,216 SF 0.0151 33 $93.89 $3,145.10 33 $138.34 $4,634.07 $7,779.16Haul Out DebrisYard Load Out (135) 1,863 CY 0.0556 104 $89.88 $9,302.58 104 $101.38 $10,492.83 $19,795.41Dump FeesTop Soil 969 CY $38.89 $37,683.33 $37,683.33Dump FeesVegetation 894 CY $38.89 $34,766.67 $34,766.67$75,948.31 $85,386.39 $72,450.00 $0.00 $233,784.7031% $23,543.98 21% $17,931.14 21% $15,214.50 $0.00 $56,689.62$99,492.29 $103,317.53 $87,664.50 $0.00 $290,474.32Notes:Change Order PricingTotal CostPCO:Description: Clear & Grub areas were not shown on the plansPCO009 Clear and GrubElement CostMarkupProductions based on measured milestone at McDonald's area for Light Vegetation. Measured area is 1,720 SF and it took 6.5 hours to remove the sod. AGENDA ITEM #7. h) Project No.: 2022148Scope of Work: Clear and Grub Change OrderProject Name: Rainier Ave S Phase 4 Specification:Date: 4/25/2023Drawing DetailLength Width Height Area Count1 Hertz/Lyft 47 2,148.602,149 402 Center Median 47 609.54610 11 233 Walgreens 47 961.90962 18 364 Walgreens 48 1,906.061,906 35 715 Center Median 48 250.75 251 5 96 Hertz/Lyft 48 223.01 223 47 Safeway 48 1,603.99 1,604 308 Wendy's 48 550.42 550 10 209 Wendy's/Taco Time 48 842.45 842 16 3110 Taco Time 48 767.37 767 1411 Sansonia 48 780.71 781 1412 Sansonia 48 217.85 218 4 813 Midas 48 1,113.31 1,113 21 4114 Sansonia 49 169.34169 315 Taco Time 49 1,757.781,758 3316 Vacant Lot 49 4,613.584,614 85 17117 Buddy's Home Furnishings 49 461.68 462 918 Auto Zone 49 144.07 144 319 Auto Zone 49 94.11 94 220 Auto Zone 49 518.52 519 1021 Auto Zone 49 455.89 456 822 Royal Orchid 50 1,470.77 1,471 27 5423 Fast Lube 50 1,470.29 1,470 27 5424 Victoria/Hayes 50 2,215.662,216 82 16425 Brown Bear Corner 50 482.20482 9 1826 Tommy's Café 50 199.61 200 4 727 Brown Bear 51 653.99 654 1228 Starbucks 51 260.96 261 529 Starbucks 51 690.87 691 1330 Strip Mall 51 198.80199 4 731 Banner Bank 51 310.51 311 632 McDonald's 51 106.27 106 233 McDonald's 51 1,175.741,176 2234 McDonald's 51 408.96 409 835 McDonald's 51 1,472.95 1,473 2736 McDonald's 52 3,229.603,230 6037 ARCO 52 5,535.29 5,535 10338 Airport 52 1,396.65 1,397 2639 Airport 52 358.91 359 740 Airport 52 1,076.11 1,076 2041 Renton Laundry52 226.03 226 4 842 Mathewson's Automotive 53 1,538.17 1,538 28 5743 Mathewson's Automotive 53 476.50477 9 1844 Mathewson's Automotive 53 794.23 794 15 2945 Airport 53 1,676.741,677 3146 Airport 54 1,416.61 1,417 26 5247 NW 3rd and Nelson 54 370.55 371 7 1448 Gerber Collision 54 398.36 398 749 Soup Kitchen 54 289.33 289 55028,16619,7102,2160 969 894 0 0 0 0TotalQuantity TakeOffDimensionsItemNo.BidItemDescriptionHeavyShrubbery (SF)LightVegetation(SF)HeavyVegetation(SF)VegetationRemoval(CY)TopsoilRemoval(CY)AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AB - 3419 City Council Regular Meeting - 11 Sep 2023 SUBJECT/TITLE: City Council assumption of the Renton Transportation Benefit District (RTBD) RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Transportation Systems Division STAFF CONTACT: Jim Seitz, Transportation Director EXT.: 7245 FISCAL IMPACT SUMMARY: There is no fiscal impact to the City by adopting the ordinance having the City Council assume the RTBD. With the assumption of the RTBD, the City Council would not have to hold a separate Transportation Benefit District meeting to undertake any action on behalf of the TBD such as establishing funding through vehicle license fees or sales tax. SUMMARY OF ACTION: The Renton Transportation Benefit District (RTBD) with boundaries that are coterminous with the city limits was established with an effective date of August 29, 2023. RTBD, a quasi -municipal corporation and independent taxing district with the City Counci l acting as its governing body is authorized by chapter 36.73 RCW to raise revenue for specific transportation projects, usually through vehicle license fees,and sales taxes, or both. Chapter 36.74 RCW allows any city that forms a TBD, with the same boundaries as the city, to absorb the TBD and assume all the “rights, powers, functions, and obligations,” with the result that the TBD ceases to exist as a separate legal entity. The attached ordinance provides for the assumption of the RTBD by the City by ame ndingchapter 27, assuming the Renton Transportation Benefit District, to Title V of the Renton Municipal Code. This will allow the city to conduct the business of the RTBD without holding separate meetings and will allow the City Council to accept public comment regarding activities of RTBD at all regularly scheduled City Council meetings. As of last year, about 85% of the cities and towns that have established TBDs have also assumed their powersto streamline legislative and administrative processes of the TBDs. Upon City Coucil approval of the assumption of the RTBD, staff will return to Council with a proposal for one additional legislative action to have the City Council authorize a one -tenth of one-percent sales tax in late 2023. In 2022, the State Legislature approved a bill granting the City Council the ability to implement a one tenth of one percent sales tax via a councilmanic vote for transportation projects. The sales tax is estimated to generate at least $3.5M in revenue annually. The reve nue available to the RTBD is proposed to be used for any purpose allowed by chapter 36.73 RCW with emphasis on meeting the unfunded needs of the City ‘s Street Overlay Program ($1.5M) and Walkway Program ($2.0M) within the currently adopted Six-Year Transportation Improvement Program. This level of investment is needed in these two programs to maintain the city streets’ pavement condition rating and based on the sidewalk assessment undertaken in the last year to fund investment in inadequate sidewalks thro ughout the City. AGENDA ITEM #7. i) Staff is proposing the following schedule leading up to the passage of a one -tenth of one-percent citywide sales tax for transportation improvements that would go into effective April 1, 2024. Completed Agenda Bill #1 - Establishment of the RTBD – Effective Date August 29, 2023 Agenda Bill #2 - City Assumption of the RTBD Agenda Bill – September 11, 2023 Finance Committee Meeting – September 18, 2023 Public Hearing – October 2, 2023 Council Adoption – October 9, 2023 Effective Date – October 17, 2023 Agenda Bill #3 – Imposing a One-tenth of One-percent Sales Tax – November 6, 2023 Finance Committee Meeting – November 13, 2023 Public Hearing –December 4, 2023 Council Approval –December 11, 2023 Effective Date – December 19, 2023 The ordinance imposing the one-tenth of one-percent sales tax would be sent to the Washington State Department of Revenue by January 16, 2024, for the sales tax to be collected beginning April 1, 2024. EXHIBITS: A. Resolution B. Ordinance STAFF RECOMMENDATION: The Finance Committee recommends concurrence in the staff recommendation to authorize the Mayor and City Clerk to: 1. Adopt resolution set October 2, 2023, as the public hearing date for assumption of the Renton Transportation Benefit District. 2. Adopt an ordinance amending chapter 27, assuming the Renton Transportation Benefit District, to Title V of the Renton Municipal Code. AGENDA ITEM #7. i) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON DECLARING THE CITY COUNCIL’S INTENT TO CONDUCT A PUBLIC HEARING CONCERNING THE ASSUMPTION OF THE RIGHTS, POWERS, FUNCTIONS, AND OBLIGATIONS OF THE RENTON TRANSPORTATION BENEFIT DISTRICT, AND SETTING THE DATE, TIME, AND PLACE FOR SAID PUBLIC HEARING WHEREAS, the City Council of the City of Renton has adopted Ordinance No. 6115, creating the Renton Transportation Benefit District with the same boundaries as the City limits; and WHEREAS, Chapter 36.74 RCW authorizes a city to assume the rights, powers, functions, and obligations of a transportation benefit district created by that city; and WHEREAS, in order to assume the rights, powers, functions, and obligations of a transportation benefit district, the city legislative body must adopt an ordinance or resolution indicating its intent to conduct a hearing concerning such assumption; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Renton City Council will hold a public hearing on the proposed assumption of the rights, powers, functions, and obligations of the Renton Transportation Benefit District on October 2, 2023, at 7:00 p.m. or as soon thereafter as the matter may be heard. The hearing will be held in the Renton City Council Chambers at Renton City Hall, 1055 South Grady Way, Renton, Washington. All persons interested may appear and be heard in person or may testify remotely. Persons wishing to testify remotely may contact City Clerk Jason Seth at (425)430-6502 for assistance in doing so. AGENDA ITEM #7. i) RESOLUTION NO. _______ 2 SECTION II. This Resolution shall be published twice in the City’s official newspaper during the two weeks preceding the scheduled hearing. PASSED BY THE CITY COUNCIL the 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 RES- PW:1951:08/28/2023 AGENDA ITEM #7. i) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ASSUMING THE RIGHTS, POWERS, FUNCTIONS, IMMUNITIES, AND OBLIGATIONS OF THE RENTON TRANSPORTATION BENEFIT DISTRICT, AMENDING CHAPTER 5-27 OF THE RENTON MUNICIPAL CODE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on August 14, 2023, the City Council adopted Ordinance No. 6115 creating the Renton Transportation Benefit District (RTBD) with boundaries coterminous with the boundaries of the City, all in accordance with chapter 36.73 RCW; and WHEREAS, on July 1, 2015, the Washington State Legislature enacted Second Engrossed Substitute Senate Bill 5987 (SESSB 5987) which, at section 301, codified in chapter 36.74 RCW authorizes the City to assume the rights, powers, functions, and obligations of the existing RTBD ; and WHEREAS, the City Council desires to continue the work and function of the RTBD as defined by chapter 36.73 RCW and Ordinance No. 6115 without the necessity of maintaining a separate entity; and WHEREAS, the City Council, after giving proper notice, conducted a public hearing allowing all persons interested in the proposed assumption the opportunity to be heard; and WHEREAS, the City Council has determined that the public interest and welfare will be satisfied by the City assuming the rights, powers, immunities, functions, and obligations of the existing RTBD; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: AGENDA ITEM #7. i) ORDINANCE NO. ________ 2 SECTION I. Pursuant to SESSB 5987 Section 301 and Section 303, codified in chapter 36.74 RCW, the City of Renton hereby assumes all of the rights, powers, immunities, functions, and obligations of the RTBD. The City is hereby vested with each and every right, power, immunity, function, and obligation currently granted to or possessed by the RTBD as of the effective date of this Ordinance. The rights, powers, functions, and obligations previously exercised and/or performed by the governing body of the RTBD are hereby assumed by and transferred to the Renton City Council. SECTION II. Pursuant to SESSB 5987 Section 303(2), codified in RCW 36.74.030, the governing body established in RMC 5.27.020 is hereby abolished and the City Council is vested with all rights, powers, immunities, functions, and obligations otherwise vested by law in the governing board of the RTBD. SECTION III. All portions of the Renton Municipal Code in this ordinance that are not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION IV. Chapter 5-27 of the Renton Municipal Code is amended to read as follows: CHAPTER 5.27 RENTON TRANSPORTATION BENEFIT DISTRICT SECTION: 5-27-010: Establishing Transportation Benefit District. 5-27-020: Governing board Transportation Benefit District Assumed. 5-27-030: Powers of the district. 5-27-040: Use of funds. 5-27-050: Dissolution of the District 5-27-010 ESTABLISHING TRANSPORTATION BENEFIT DISTRICT: AGENDA ITEM #7. i) ORDINANCE NO. ________ 3 There is hereby created Renton Transportation Benefit District (RTBD) with geographical boundaries comprised of the existing corporate limits of the City, and as those boundaries may be adjusted in the future. 5-27-020 GOVERNING BOARD TRANSPORTATION BENEFIT DISTRICT ASSUMED: The governing board of the RTBD shall be the Renton City Council acting in an ex officio and independent fashion The rights, powers, immunities, functions and obligations of RTBD are assumed by the City of Renton which is vested with every right, power immunity, function and obligation granted to and possessed by the RTBD. 5-27-030 POWERS OF THE DISTRICT: A. The Board City of Renton shall have and may exercise any powers set out in chapter 36.73 RCW to fulfill the purpose of the RTBD. B. Consistent with RCW 36.73.020(4), the secretary/treasurer of RTBD shall be the City Finance Administrator. As such, the Finance Administrator shall establish those funds and accounts on behalf of RTBD as required and shall disburse funds and pay claims as approved by the RTBD Board and prepare and maintain such accounts either as appropriate and/or required by state or federal law or both. C. The City Attorney will serve as legal advisor to the RTBD Board, except where separate counsel is engaged by RTBD. D. Other City employees shall carry out the operations of RTBD as agreed by RTBD and the City. Such employees and the contracts of RTBD shall be overseen AGENDA ITEM #7. i) ORDINANCE NO. ________ 4 and administrated either by the Mayor and/or her/histhe Mayor’s designee or both. E. The RTBD Board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1). At a minimum, if a transportation improvement exceeds its original cost by more than twenty percent (20%), as identified in the District’s original plan, a public hearing shall be held to solicit public comment regarding how the cost change should be resolved. F. The RTBD Board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). 5-27-040 USE OF FUNDS: Funds available to the RTBD may be used for any purpose allowed by chapter 36.73 RCW with emphases emphasis on meeting the unfunded needs of the City’s Overlay Program and Walkway Program within the currently adopted Six Year Transportation Program. 5-27-050 DISSOLUTION OF THE DISTRICT: The district shall be dissolved when all indebtedness of the district is retired and when all the district’s anticipated responsibilities have been satisfied. SECTION V. 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 AGENDA ITEM #7. i) ORDINANCE NO. ________ 5 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 VI. 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 VII. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL the 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:2273:08/28/2023 AGENDA ITEM #7. i) AB - 3418 City Council Regular Meeting - 11 Sep 2023 SUBJECT/TITLE: 2024 King County Wastewater Treatment Charge Rate Adoption RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Ron Straka, Utility Systems Director EXT.: 7239 FISCAL IMPACT SUMMARY: The city collects the King County wastewater treatment charge from city Wastewater Utility customers and pays King County as a pass through from the King County Metro Fund 416. The city’s wastewater rate model projects the increase to the King County wastewater treatment charge to be $1,217,034. This increase will be collected from our customers and paid to King County. SUMMARY OF ACTION: Historically, King County Wastewater Treatment Division (KCWTD) set their rates every biennium. In June of 2021, KCWTD moved from biennium to annual rate adjustments to smooth rate increases and lessen the impact of large rate increases to ratepayers. The transition to annual adjustments was supported by the cities that are KCWTD customers. Effective January 1, 2024, the KCWTD will be increasing the monthly wastewater treatment rate by 5.75 percent for all customers as adopted by King County Metropolitan Council on June 6, 2023. The single-family equivalent rate will increase from $52.11 to $55.11, a monthly increase of $3.00. The multifamily, commercial, and industrial customers minimum charge for the first 750 cubic feet (cf) will increase from $52.11 to $55.11, with the current additional charge of $6.95 for each 100 cf above the 750 cf of water usage, increasing to $7.35, a monthly increase of $0.40 per 100 cf of water usage in excess of 750 cf. The King County wastewater treatment charge is collected by the city and then passed through to King County for treatment of sewage from city wastewater utility customers per our agreement for sewage disposal with King County. For your background, the Renton City Council adopted a 3% increase in the conveyance system charge for 2024. The rate for single-family equivalent, multifamily, commercial, and industrial customers minimum charge will go from $32.69 to $33.67 a month effective January 1, 2024. The proposed ordinance will increase the city’s pass-through rate to KCWTD as indicated above, effective January 1, 2024. The 2024 revenue and expenditure adjustments will be included in the 2024 1st Quarter Budget Amendment ordinance. EXHIBITS: A. Ordinance STAFF RECOMMENDATION: Adopt the proposed ordinance approving the 2024 King County wastewater treatment charge pass through rate increase of 5.75 percent to match King County’s adopted rate, effective January 1, 2024 . AGENDA ITEM #7. j) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 8-5-15.D OF THE RENTON MUNICIPAL CODE, ESTABLISHING THE KING COUNTY METRO WASTEWATER PASS THROUGH RATE FOR 2024, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. 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. Section 8-5-15.D of the Renton Municipal Code is amended as follows: 8-5-15 SEWER CHARGES: D. Additional Charges: In addition to the foregoing charges specified in this Section, the following rates shall be charged, in accordance with the Interlocal Agreement with King County Wastewater: 1. Single-family dwelling units: Single-Family Residential: 2023 Rate 2024 Rate King County Wastewater Charge $52.11 $52.11$55.11 King County Rate Adjustment Charge $0.00 $0.00 2. All users other than single-family: AGENDA ITEM #7. j) ORDINANCE NO. ________ 2 All Users Other Than Single-Family: 2023 Rate 2024 Rate King County Wastewater Charge – Minimum Charge includes 750 Cubic Feet usage charge $52.11 $52.11$55.11 King County Wastewater Charge – Per each additional 100 Cubic Feet usage charge over 750 Cubic Feet $6.95 $6.95$7.35 King County Rate Adjustment Charge $0.00 $0.00 3. Any additional charges hereafter imposed by King County Wastewater under the “Industrial Cost Recovery” or “Industrial Waste Surcharge” programs required under the FWPCA (PL 92-500), Section 204, or as same may be amended hereafter, plus fifteen percent (15%) thereof as an additional charge for the City’s cost of implementing such programs. 4. Senior and/or disabled low-income rates: a. Senior and/or disabled citizens who qualify under RMC 8-4-31.C for low-income rates prior to May 31, 2008, are eligible for a seventy-five percent (75%) subsidy of City sewer charges and a nonsubsidized rate for the King County Wastewater charge in accordance with the Interlocal Agreement with King County Wastewater: AGENDA ITEM #7. j) ORDINANCE NO. ________ 3 Low-income Rates Qualified prior to May 31, 2008 2023 Rate 2024 Rate King County Wastewater Charge Non-subsidized $52.11 $52.11$55.11 King County Rate Adjustment Charge $0.00 $0.00 City Sewer Charge 75% subsidy $8.17 $8.42 b. All other senior and/or disabled citizens qualifying under RMC 8-4-31.C for low-income rates after May 31, 2008, are eligible for a fifty percent (50%) subsidy for City sewer charges and a nonsubsidized rate for the King County Wastewater charge in accordance with the Interlocal Agreement with King County Wastewater: Low-income Rates Qualify After May 31, 2008 2023 Rate 2024 Rate King County Wastewater Charge Non-subsidized $52.11 $52.11$55.11 King County Rate Adjustment Charge $0.00 $0.00 City Sewer Charge 50% Subsidy $16.35 $16.84 SECTION III. These rates become effective with billings computed on or after January 1, 2024 for the 2024 rates. SECTION IV. 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 AGENDA ITEM #7. j) ORDINANCE NO. ________ 4 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 V. 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 VI. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. 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:2278:8/15/23 AGENDA ITEM #7. j) AB - 3420 City Council Regular Meeting - 11 Sep 2023 SUBJECT/TITLE: Agreements with Segale Properties LLC for the Monroe Ave NE Infiltration Facility Project RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Joe Farah, Surface Water Utility Engineering Manager EXT.: 7248 FISCAL IMPACT SUMMARY: Funding for the agreements with Segale Properties LLC (“Segale”) for the Monroe Ave NE Infiltration Facility project (“the Project”) in the amount of $4,336,732.00 is available in the approved 2023 Surface Water Utility Capital Improvement Program budget for the Monroe Avenue NE Infiltration Facility Project (427.475494). SUMMARY OF ACTION: The Monroe Ave NE Infiltration Facility capital improvement project is the highest priority project for the PW/Surface Water Utility, as designated in the 2023 -2028 Capital Improvement Plan. This project will provide flow control and water quality treatment forstormwater runoff froma 245 acre subbasin in the Renton Highlands neighborhood. Currently, this area lacks anadequate drainage outlet and discharges untreated stormwater from Monroe Ave NE via temporary drainage overflow pipes to theprivate property at 301 Monroe Ave NE. This iswherethe water infiltrates in to the ground as allowed through a temporary drainage easement granted to the City by Segale, the property owner (See Exhibit A for theVicinity Map). Prior to the expiration of the temporary drainage easement, or the sale or redevelopment of the site, the citymust construct apermanent solutionto drain water from Monroe Ave NE. Since 2019, the PW/Surface Water Utility has advancedthe design of a permanent solution consisting of treatment and infiltrat ion facilities within a permanent utility easement area at 301 Monroe Ave NE, the project site. This design was finalized in August 2023 and is ready for construction upon acquisition of the necessary easements(See Exhibit B for the Project Improvement Plan). The estimated Project construction isestimated to take 18 months. The majority of construction work will take place on site at 301 Monroe Ave NE. The city must execute three agreements with Segale to enable construction of proposed improvements on t his site as well as future operation and maintenance of the facility: • The Permanent Utility Easement agreement. This agreement will allow the city to access, construct, maintain and repair the infiltration, treatment, and conveyancefacilities constructed by the Project within the permanent easement area. • The Temporary Construction Easement agreement. This agreement will allow the city to use the entire 301 Monroe Ave NE site for construction of the Project and enable stockpiling, installation of tempor ary drainage facilities, staging and access beyond the extents of the permanent easement. • The Purchase and Saleagreement. This agreement identifies the terms and conditions under which the City would acquire the permanent utility and temporary constructi on easements. The total cost of all agreements with Segale is $4,336,732 and is recognized as a lump sum in the Purchase and Sale agreements. However, this amount is the sum of the following components: AGENDA ITEM #7. k) 1. Permanent Utility Easement $954,000.00. This amount pays for the acquisition of a permanent easement encompassing the footprint of the proposed facilities andis based on an appraisal prepared by Appraisal Group of the Northwest in March 2023. 2. Temporary Construction Easement $1,344,366.00. Aneasement is required due to construction activity which will extend beyond the boundaries of the permanent easement. This amount compensates Segale for acquiring a temporary construction easement encompassing the entire project site which will allow the city to have sufficient space for construction access, staging, and maneuvering. Compensation is based on the projected 18-month project duration at a rate of $0.15 per Square Foot per month over the area of the entire site (497,915 Square Feet). 3. Segale’s “remediation work” $1,132,000.00. This amount is based on direct negotiation with Segale and it compensates Segalefor the work necessary to grade and configure the site in accordance with the city’s conditions for easement acquisition including the removal of fill material where the proposed infiltration facility will be installed and the embankment of the excavated material in a manner that wouldn’t adversely impact the city’s ability to access the site. For the city to accept the purchase of the permanent easement, Segalewill excavate and move approximately 125,000 cubic yards of material; 4. Segale’slost revenue $906,366.00. This amount compensates Segale for revenue lost because of the city’s project. This amount is based on an estimated volume of fill of 151,061 truck cubic yards of dirt which Segale would have charged disposers $6 per truck cubic yard for accepting this fill for placement on their site. The Purchase and Sale Agreement includes terms for acquisition of the Permanent Utility Easement and Temporary Construction Easement under imminent threat of eminent domain, which the property owner has agreed to and is commonly referred to as “friendly condemnation”. The use of eminent domainfinancially benefits both the property owner and the city with respect to taxes associated with the purchase of the easement rights. The adoption of an ordinanceto authorize the acquisition of these easements under eminent domain is recommended. EXHIBITS: A. Vicinity Map B. Project Improvement Plan C. Purchase and Sale Agreement D. Ordinance for Acquisition of Easements under Imminent Threat of Eminent Domain STAFF RECOMMENDATION: Adoptan ordinance to authorize the acquisition of easementsutilizing eminent domainand authorize the Mayor and City Clerk to execute the Permanent Utility Easement, Temporary Construction Easement and Purchase and Sale agreements with Segale Properties, LLC in the amount of $4,336,732.00for theconstruction of the Monroe Ave NE Infiltration Facility project. AGENDA ITEM #7. k) 0 1,250 2,500625Feet ± VICINITY MAP Le gend Proposed Infiltration Facility Drainage Basin Boundary Streams Parcels Existing Storm Structure Existing Storm Pipe 301 Monroe Ave NE(Segale Property) NE 4TH ST Drainag e Ba sin(2 45 Acres) Drainag e Ba sin(2 45 Acres) Renton City Limits Green wood Memorial Park NE 2ND STMONROE AVE NENE 6TH ST NE 8TH ST NE 10TH ST QUEEN AVE NEUNION AVE NEKC ACCESS RDJEFFERSON AVE NEKing CountyDepartment of Transportation King CountyRenton Transfer Center King CountyParks and Recrea tio n City of R entonPublic Wo rks Maintena nce Sh ops Existing 18 " an d 2 4"Stormwater O verflow Pipes Location of Floo dingand Ero sion Proble m King CountyCommunity an d Emerge ncy Cen te r 36" PerforatedInfiltration Pipe 48" PerforatedInfiltration Pipe Prop osed Facility Location NE 3RD STCedar River Groun dwaterFlowpath Ap proximate StormNetwork Flow Prop osed Storm Conveyance Pipe EXHIBIT A - AGENDA ITEM #7. k) P7 CHAINLINK FENCE7 CHAINLINK FENCE7 CHAINLINK FENCEJERSEY BARRIERSLA PIANTA LIMITED PARTNERSHIPAFN 20021028002594200021002200JEFFERSON AVENUE NEINFILTRATION CHAMBERMANIFOLD VAULT, SEE SHEET C412FOR DETAILS324" SDENHANCED WATER QUALITYTREATMENT VAULT, SEESHEETS C413-C414 FORDETAILS336" SD4CB110, TYPE 2 - 72"STA 21+73.82, 23.65'LT2324" SDCB105, TYPE 2 - 60"STA 20+80.19, 0.00'T2CB100 TYPE 2 72STA 2056.19 12.70 LT3303243263283323321STORMWATER PIPES ALIGNSTA 20+44.92, 0.00'T3532033031631832232432632833032232432632812ISOLATOR ROW12INFILTRATION ROW (TYP.)12MANIFOLD INFILTRATION ROW (TYP.)OTAK 33201.ASHEET:11241 WLOORZV RRDG NE SXLWH 200RHGPRQG WA 98052425.822.4446ZZZ.RWDN.FRP 2023 OTAK INC.OF34DRAWING NO.PROJECT NUMBERREVISION COMMENTSNO.BYREVIEWDATEDESIGNERDRAWN BYCHECKED BYCDTTRGPORWWHG: JXQ 12 2023 4:39SP K:?PURMHFW?33200?33201A?CADD?ACAD?DZJ?C401C402.GZJ LD\RXW NDPH: C401NW 1/4 OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. SCALE IN FEET2002040C40117R412917SITE GRADING AND DRAINAGE IMPROVEMENTS PLANGENERAL NOTES1.ALL STORM SEWER PIPE SHALL BE POLYETHYLENE WITHSMOOTH INTERIOR UNLESS NOTED OTHERWISE.2.STATION AND OFFSET AND RIM ELEVATION SHOWNREFERENCE CENTER OF STRUCTURE. SEE SHEET C410 FORSTRUCTURE PLACEMENT DETAIL.3.STATION AND OFFSET ARE PER PROPOSED STORMWATERPIPES ALIGNMENT OTHERWISE STATED.4.VERIFY LOCATION OF E;ISTING UTILITIES PRIOR TOCONSTRUCTION.5.CATCH BASIN COVER SHALL BE ORIENTED AS SHOWN ONPLAN.6.ALL DRAINAGE STRUCTURES SHALL HAVE SOLID LOCKINGCIRCULAR FRAME AND COVER PER COR STD PLAN 204.50UNLESS OTHERWISE SPECIFIED. COVERS SHALL BE MARKEDDRAIN.SHEET 1 OF 2CONSTRUCTION CENTERLINE SEE SHEET C101 FOR DETAILS.INSTALL DRAINAGE STRUCTURE TYPE AND SI=E PER PLAN ANDPROFILE. SEE STRUCTURE PLACEMENT DETAIL ON SHEET C410.INSTALL STORM SEWER PIPE LENGTH SI=E AND SLOPE PERPLAN AND PROFILE. SEE SHEETS C403C404 FOR PROFILES.MAINTENANCE ACCESS ROAD SEE SHEETS C501C510 FORDETAILS.STORMWATER INFILTRATION FACILITY SEE SHEETS C301C310FOR DETAILS.E;ISTING STORM DRAINAGE TO REMAIN. PROTECT DURINGCONSTRUCTION.CONNECT TO E;ISTING DRAINAGE PIPE OR STRUCTURE.POTHOLE E;ISTING UTILITY AT CROSSING PRIOR TOCONSTRUCTION AND NOTIFY THE ENGINEER IF CONFLICT E;ISTS.INSTALL HYDRODYNAMIC SEPARATOR STRUCTURE. SEE SHEETC411 FOR DETAILS.INSTALL FLOW SPLITTER STRUCTURE. SEE SHEET C412 FORDETAILS.E;ISTING UTILITY TO BE RELOCATED PER SHEET C502.STORWMATER INFILTRATION FACILITY ROW TYPE PER DETAILAND SECTION ON SHEET C310.CONSTRUCTION NOTES123456789101112AGENDA ITEM #7. k) CPCDDSCPCCCSMONROE AVENUE NESPEED 25GRASSGRASSCONC. SIDEWALKGRASSCONC. SIDEWALKGRASSGRASSGRASSASPHALT7 CHAINLINK FENCE7 CHAINLINK FENCE3 DUCT BANKS3 DUCT BANKS3 DUCT BANKS3 DUCT BANKS3 DUCT BANKS3 DUCT BANKS3 DUCT BANKS3 DUCT BANKS22 CPPIE 308.6018 CPPIE 314.1368126LA PIANTA LIMITED PARTNERSHIPAFN 20021028002594TEMPORARY EASEMENT FOR SURFACEWATER DRAINAGE OVERFLOW UTILITYAFN 20180702000085223002400250026002640336" SD336" SD8SEWER8COMM611LIGHT POLE& J-BOX& POWERSWING GATE, PERDETAIL ON C510.8POWERMONROE AVE NE336" SD324" SDCB130, TYPE 2 - 84"STA 26+24.32, 0.00'T72CB120, TYPE 2 - 72"STA 23+13.60, 40.13'LT2336" SD1STORMWATER PIPES ALIGNFLOW SPLITTER, 10' X 10' VAULTSTA 23+37.86, 1.74'LT102HYDRODYNAMIC SEPARATOR, V1 - 22' X 14' X 12'STA 23+57.77, 0.18'LT924340332334336338342300300310310320330340324" SDCB125, TYPE 2 - 60"STA 23+92.75, 0.02'RT212OVERFLOW PIPE OUTLET12OVERFLOW PIPE INLETOTAK 33201.ASHEET:11241 WLOORZV RRDG NE SXLWH 200RHGPRQG WA 98052425.822.4446ZZZ.RWDN.FRP 2023 OTAK INC.OF34DRAWING NO.PRO-ECT NUMBERREVISION COMMENTSNO.BYREVIEWDATEDESIGNERDRAWN BYCHECKED BYCDTTRGPORWWHG: -XQ 12 2023 4:40SP K:?PURMHFW?33200?33201A?CADD?ACAD?DZJ?C401C402.GZJ LD\RXW NDPH: C402NW 1/4 OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. SCALE IN FEET2002040C40218R412918SITE GRADING AND DRAINAGE IMPROVEMENTS PLANCONSTRUCTION CENTERLINE SEE SHEET C101 FOR DETAILS.INSTALL DRAINAGE STRUCTURE TYPE AND SI=E PER PLAN ANDPROFILE. SEE STRUCTURE PLACEMENT DETAIL ON SHEET C410.INSTALL STORM SEWER PIPE LENGTH SI=E AND SLOPE PERPLAN AND PROFILE. SEE SHEETS C403C404 FOR PROFILES.MAINTENANCE ACCESS ROAD SEE SHEETS C501C510 FORDETAILS.STORMWATER INFILTRATION FACILITY SEE SHEETS C301C310FOR DETAILS.E;ISTING STORM DRAINAGE TO REMAIN. PROTECT DURINGCONSTRUCTION.CONNECT TO E;ISTING DRAINAGE PIPE OR STRUCTURE.POTHOLE E;ISTING UTILITY AT CROSSING PRIOR TOCONSTRUCTION AND NOTIFY THE ENGINEER IF CONFLICT E;ISTS.INSTALL HYDRODYNAMIC SEPARATOR STRUCTURE. SEE SHEETC411 FOR DETAILS.INSTALL FLOW SPLITTER STRUCTURE. SEE SHEET C412 FORDETAILS.E;ISTING UTILITY TO BE RELOCATED PER SHEET C502.PLUG E;ISTING OVERFLOW STORMWATER PIPE AT SHOWNLOCATION PER WSDOT STD SPEC. 708.3 4 . OVERFLOWSTORMWATER PIPE SHALL NOT BE PLUGGED UNTIL PROPOSEDSTORMWATER SYSTEM IS CONNECTED TO E;ISTING MONROEAVE TRUNKLINE AND PROPOSED INFILTRATION FACILITY ISONLINE.CONSTRUCTION NOTESGENERAL NOTES123456789SHEET 2 OF 21.ALL STORM SEWER PIPE SHALL BE POLYETHYLENE WITHSMOOTH INTERIOR UNLESS NOTED OTHERWISE.2.STATION AND OFFSET AND RIM ELEVATION SHOWNREFERENCE CENTER OF STRUCTURE. SEE SHEET C410 FORSTRUCTURE PLACEMENT DETAIL.3.STATION AND OFFSET ARE PER PROPOSED STORMWATERPIPES ALIGNMENT OTHERWISE STATED.4.VERIFY LOCATION OF E;ISTING UTILITIES PRIOR TOCONSTRUCTION.5.CATCH BASIN COVER SHALL BE ORIENTED AS SHOWN ONPLAN.6.ALL DRAINAGE STRUCTURES SHALL HAVE SOLID LOCKINGCIRCULAR FRAME AND COVER PER COR STD PLAN 204.50UNLESS OTHERWISE SPECIFIED. COVERS SHALL BE MARKEDDRAIN.7.DRIVEWAY ENTRANCE SHALL BE PER COR STD PLAN 104.4.CONCRETE APRON SHALL BE 8FEET IN WIDTH BEHIND E;ISTING CURB TO MEET STREET STANDARDS.101112AGENDA ITEM #7. k) -1- 162494368.3 FG: 101438885.7 Purchase and Sale Agreement for Easements This Purchase and Sale Agreement for Easements (“Agreement”) is made and entered into as of this 21st day of August, 2023, by and between SEGALE PROPERTIES LLC, a Washington limited liability company (“Seller”), and THE CITY OF RENTON, a Washington municipal corporation (“Buyer”). RECITALS A. Seller is the owner of certain real property commonly known as 301 Monroe Avenue NE, Renton, Washington 98056 and as legally described in the attached Exhibit A (the “Property”). Buyer desires to purchase a permanent utility easement over the Property (the “Utility Easement”) to construct, operate, and maintain certain, stormwater infiltration, water quality treatment, and drainage facilities (the “Facilities”) on the terms and conditions set forth below. Buyer also desires to obtain a temporary construction easement (“Temporary Construction Easement”) to utilize portions of Seller’s Property to facilitate construction of the Facilities within the Utility Easement Area (defined below). The Utility Easement and the Temporary Construction Easement, may collectively be referred to herein as the “Easements.” The Utility Easement Area and the Temporary Construction Easement Area (defined below), may collectively be referred to herein as the “Easement Areas.” B. Buyer is buying and Seller is selling the Easements under an imminent threat of condemnation. Buyer is a governmental entity authorized and empowered to condemn property for a public purpose pursuant to RCW 8.12.030. Buyer has the present ability and authority to use its power of eminent domain against the Property at the time of this Agreement and has specific statutory authority authorizing its power of eminent domain for the Easements under the conditions presented. Buyer by this agreement has notified Seller in writing of its intent to exercise its power of eminent domain with respect to the Easements. C. Pursuant to RCW 8.12.090, the issue of whether the contemplated use for the Property by Buyer is a public use is a judicial question subject to court determination. Seller recognizes and affirms Buyer’s proposed use for the Easements is a public use and hereby waives its right to adjudication of the issue of public use and necessity under RCW 8.12.090. D. In consideration of this Agreement, Seller waives its right to notice of final action under RCW 8.25.290 and right to require the City to comply with the acquisition procedures under RCW 8.26.180. DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) -2- 162494368.3 FG: 101438885.7 E. Seller affirms that no individual or business is located on the Easement Area being acquired and therefore no individual or business will be displaced by this purchase under imminent threat of eminent domain as defined by Chapter 8.26 RCW. AGREEMENT In consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Buyer agree as follows: ARTICLE I. PROPERTY Seller hereby agrees to sell, dedicate, and convey the Easements to Buyer, and Buyer hereby agrees to purchase the Easements from Seller, subject to the terms and conditions set forth herein. 1.1 Utility Easement. Seller will grant to Buyer a Utility Easement in the form of an easement agreement substantially as set forth on the attached Exhibit B (the “Utility Easement Agreement”), with an easement area legally described and depicted therein (the “Utility Easement Area”). 1.2 Temporary Construction Easement. Seller will grant to Buyer a Temporary Construction Easement in the form of an easement agreement substantially as set forth on the attached Exhibit C (the “Temporary Construction Easement Agreement”), with an easement area legally described and depicted therein (the “Temporary Construction Easement Area”). ARTICLE II. PURCHASE PRICE 2.1 Purchase Price. The total purchase price for the Utility Easement, and the Temporary Construction Easement shall be Four Million Three Hundred Thirty-Six Thousand Seven Hundred Thirty-Two Dollars ($4,336,732.00) (the “Purchase Price”) subject to adjustments, if any, as provided for under this Agreement, which shall be paid in cash at Closing. 2.2 Title Company. Old Republic National Title Insurance Company, 19020 33rd Avenue W. #360, Lynnwood, WA 98036 Attention: Peter Armitage (commercial.washington@ortc.com) shall be referred to herein as “Escrow Holder”, in its capacity as escrow holder, and “Title Company”, in its capacity as title insurer. Upon execution of this Agreement by the last of Seller and Buyer (such date herein referred to as the “Effective Date”), Escrow Holder shall open a closing escrow for the benefit of Buyer and Seller in accordance with the terms of this Agreement. ARTICLE III. TITLE DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) -3- 162494368.3 FG: 101438885.7 3.1 Review of Title. Within five (5) business days after the Effective Date Seller shall cause Title Company to provide Buyer with a preliminary commitment for title insurance for the Property and Easement Areas issued by the Title Company, together with complete and legible copies of all exceptions and encumbrances noted thereon (the “Preliminary Commitment”). Buyer shall have ten (10) business days after Buyer’s receipt of the Preliminary Commitment to advise Seller in writing of any encumbrances, restrictions, easements, or other matters identified in the Preliminary Commitment (“Exceptions”) to which Buyer objects. All Exceptions which Buyer does not object in writing on or before the date which is ten (10) business days after Buyer’s receipt of the Preliminary Commitment shall be deemed accepted by Buyer; provided, however, that if any updates to the Preliminary Commitment are received by Buyer prior to Closing, Buyer shall have an additional five (5) business days following its receipt of such update and legible copies of all documents referenced therein to notify Seller of any objections to items shown on such updates. If Buyer objects to any Exceptions in accordance with the immediately preceding paragraph, Seller shall advise Buyer in writing within five (5) business days after receipt of Buyer’s written objections: (a) which Exceptions Seller will remove at Closing, and (b) which Exceptions will not be removed or insured around by Seller. If Seller fails to notify Buyer within such five (5) business day period or fails to address any Exception to which Buyer objects, Seller shall be deemed to have elected not to remove or insure against such Exception. Prior to the Due Diligence Expiration Date, if Seller has not agreed to remove or cause Title Company to insure over all Exceptions to which Buyer objects, Buyer shall notify Seller in writing of Buyer’s election to either: (a) terminate this Agreement, in which event the parties shall share equally any cancellation charges of Title Company and Escrow Holder, or (b) waive its objections to the Exceptions Seller will not remove or insure over, in which event such Exceptions shall be deemed accepted by Buyer. Buyer shall be responsible for compliance with any state or city subdivision requirements. 3.2 Conveyance of Easement. At Closing Seller shall grant, dedicate, and convey to Buyer (i) the Utility Easement subject only to the Permitted Exceptions, and (ii) the Temporary Construction Easement. ARTICLE IV. EVALUATION OF THE PROPERTY Buyer shall have until five (5) business days from the Effective Date (“Due Diligence Expiration Date”) to inspect the Property and other matters regarding the Property to the extent such inspection reasonably relates to Seller’s purchase and use of the Easements (the period of time commencing on the Effective Date and expiring on the Due Diligence Expiration Date, the “Due Diligence Period”). Upon reasonable prior notice from Buyer, during the Due Diligence Period, Buyer at its sole expense may inspect the physical condition of the Property and conduct any non-intrusive environmental or DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) -4- 162494368.3 FG: 101438885.7 other inspections as it deems appropriate; provided, however, Buyer shall have the right to enter upon and inspect the Property only in accordance with the following terms and conditions: (a) This Agreement has not been terminated; (b) Buyer shall not be permitted to conduct borings of the Property or drilling in or on the Property, or any other invasive testing, in connection with any other inspection of the Property without the prior written consent of Seller (which consent shall be given or withheld in Seller’s sole and absolute discretion). (c) Prior to entering upon the Property, Buyer shall provide to Seller a certificate of insurance evidencing Buyer's or Buyer's agents' and/or consultants’, as applicable, procurement and maintenance of the insurance coverage set forth on the attached Schedule 4. (d) At Seller’s option, a representative of Seller may accompany Buyer or Buyer’s agents and/or consultants during on-site investigations, and tests. (e) Buyer shall promptly provide Seller a list and complete copies of all tests, studies, reports, analyses, or other written information generated by Buyer or Buyer's agents and/or consultants relating to the Property. (f) Buyer shall repair any damage to the Property caused by any entry upon the Property by Buyer or its representatives and Buyer shall indemnify, defend and hold Seller harmless from any and all damages, claims, liens, causes of action, or obligations by persons or entities which are caused by Buyer’s activities on the Real Property prior to Closing, including without limitation Seller’s costs, expenses, and reasonable attorney’s fees; provided, however, in no event shall such indemnity apply to any damages, claims, liens, causes of action or obligations to the extent caused by Seller’s negligence or willful misconduct or to the extent related to the mere discovery and non-exacerbation of any existing condition at the Property. Notwithstanding anything to the contrary contained in this Agreement, this indemnity shall survive the termination, expiration and consummation of this Agreement. If Buyer is satisfied in its sole discretion with the results of its inspection of the Property, Buyer shall deliver written notice to Seller of its approval (“Buyer’s Approval”) at any time prior to 5:00 pm Pacific Time on the Due Diligence Expiration Date. If Buyer fails to provide such notice of Buyer’s Approval, for any reason or no reason, this Agreement shall terminate and the parties shall have no further liability to each other, other than those obligations which survive the termination of this Agreement by their express terms. ARTICLE V. CONDITIONS PRECEDENT TO CLOSING DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) -5- 162494368.3 FG: 101438885.7 Buyer’s obligations under this Agreement are expressly conditioned on, and subject to satisfaction of, the following conditions precedent: 5.1 Performance by Seller. Seller shall have performed all material obligations required by this Agreement to be performed by it. 5.2 Representations and Warranties True. The representations and warranties of Seller contained herein shall be true and correct in all material respects as if first made on the Closing Date, as such representations and warranties may be updated pursuant to and in accordance with Section 8.3. 5.3 Removal of Non-Native Soil. Seller will remediate the Easement Area as follows (the “Remediation Work”): a) Seller shall excavate and remove existing fill material currently placed on the Property in a manner that is reasonably determined and approved by Buyer; b) Such excavation shall be conducted to the native soil layer as reasonably determined and approved by Buyer; c) Seller shall embank excavated fill to form a temporary construction access road as reasonably determined and approved by Buyer; d) Seller shall complete the additional items listed on Exhibit D; e) The Remediation Work will be completed no later than September 15, 2023. Buyer will have the right to access the Property to test and certify that the Remediation Work has been completed to Buyer’s satisfaction at any time on or before Closing. Should Buyer determine the Remediation Work has not been adequately completed, including, but not limited to if non-native soil remains on the Easement Area in a manner that interferes with Buyer’s intended use at Closing, Seller shall be in default of this Agreement, subject to the remedies set forth in Section 11. The parties acknowledge and agree, this provision is material to this transaction and for the agreed upon Purchase Price. 5.4 No Material Adverse Change. Except for the Remediation Work, at no time prior to the Closing Date shall there be any material adverse change in the physical condition of the Property (Article IX shall apply in the case of damage or destruction). 5.5 Title Policy. The Title Company shall be prepared to issue the title policy subject to only the permitted exceptions. If any of the conditions set forth in Sections 5.1 through 5.5 above are not satisfied as of the Closing Date, Buyer shall have the right at its sole election either to waive the condition in question and proceed with the purchase of the Property or, in the alternative, to terminate this Agreement, and the parties shall have no further obligations hereunder other than those obligations which survive the termination of this Agreement by their DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) -6- 162494368.3 FG: 101438885.7 express terms; provided, however, if Buyer elects to terminate this Agreement, then Buyer shall reimburse Seller for Seller’s actual and verifiable costs and expenses accrued as of the date of such termination related to the Remediation Work. Seller’s obligations under this Agreement are expressly conditioned on, and subject to satisfaction of, the following conditions precedent: 5.6 Performance by Buyer. Buyer shall have performed all material obligations required by this Agreement to be performed by it. 5.7 Representations and Warranties True. The representations and warranties of Buyer contained herein shall be true and correct in all material respects as if first made on the Closing Date. The conditions set forth in Sections 5.6 through 5.7 above are intended solely for the benefit of Seller. If any of the conditions set forth in Sections 5.6 through 5.7 above are not satisfied as of the Closing Date, Seller shall have the right at its sole election either to waive the condition in question and proceed with the sale or, in the alternative, to terminate this Agreement; provided, however, if Seller elects to terminate this Agreement, then Buyer shall reimburse Seller for Seller’s actual and verifiable costs and expenses accrued as of the date of such termination related to the Remediation Work. No such termination, however, shall waive Seller’s right to its remedies under this Agreement if Buyer is then in default under this Agreement. ARTICLE VI. OPERATIONS PENDING CLOSING 6.1 Operations Pending Closing. At all times prior to the Closing or the sooner termination of this Agreement, Seller agrees: (a) to maintain the Property in its current condition and state of repair (Remediation Work, normal wear and tear and casualty loss excepted); (b) not to lease or rent any portion of the Property without the prior written consent of Buyer, which may be withheld in Buyer’s sole discretion and (c) to perform the Remediation Work, as defined in this Agreement. 6.2 Condition of Title. At all times prior to the Closing or sooner termination of this Agreement, Seller agrees, with respect to all or any portion of the Property, not to enter into any written or oral contracts or agreements to encumber, sell or otherwise transfer the Property. ARTICLE VII. CLOSING AND ESCROW 7.1 Closing. The closing hereunder (the “Closing”) shall be held and delivery of all items to be made at the Closing under the terms of this Agreement shall be made through an escrow established at the offices of the Escrow Holder thirty days (30) from Buyer’s Approval or such earlier date mutually agreed to by Buyer and Seller but no later than October 12, 2023 (the “Closing Date”). Closing shall be deemed to have occurred when the Easements have been recorded, the Purchase Price, adjusted in DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) -7- 162494368.3 FG: 101438885.7 accordance with this Agreement has been delivered, and all actions necessary for the Title Company to deliver the Title Policy to Buyer in the normal course of the Title Company’s business have been completed. 7.2 Delivery by Seller. On or prior to the Closing Date, Seller shall deposit with Escrow Holder, the following: (a) The duly executed and acknowledged Utility Easement Agreement and the Temporary Construction Easement Agreement, ready for recordation on the Closing Date; (b) The real estate excise tax affidavit (it being agreed that the Easement is exempt pursuant to WAC 458-61A-206); and (c) The duly executed Closing Statement as contemplated by Section 7.7 below. 7.3 Delivery by Buyer. On or prior to the Closing Date Buyer shall deposit with Escrow Holder the following: (a) The Purchase Price (as adjusted pursuant to Section 7.5); (b) The Utility Easement Agreement and the Temporary Construction Easement Agreement duly executed and acknowledged by Buyer; (c) The real estate excise tax affidavit (it being agreed that the transfer of the Real Property is exempt pursuant to WAC 458-61A-206; and (d) The Closing Statement duly executed by Buyer. 7.4 Other Instruments. Seller and Buyer shall each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to close the escrow and consummate the purchase and sale of the Property in accordance with the terms hereof. 7.5 Closing Costs and Expenses. Buyer and Seller shall each pay their own attorney’s fees and expenses to perform their obligations hereunder in addition to the following: (a) Seller shall pay: (i) Any taxes or assessments, other than the real estate transfer tax, if applicable to the Property; (b) Buyer shall pay: DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) -8- 162494368.3 FG: 101438885.7 (i) The costs for preliminary title commitment and Title Policy; (ii) The fees for the Escrow Holder; (iii) The cost of recording the Easements; (iv) The real estate transfer tax if applicable to the transfer of the Easements; (v) All costs and expenses of Buyer’s consultants and investigations during the Due Diligence Period; ARTICLE VIII. REPRESENTATIONS AND WARRANTIES Seller and Buyer make the following representations and warranties: 8.1 Seller’s Representations. Seller represents and warrants to Buyer as of the Effective Date and again as of the Closing Date (except as otherwise disclosed to Buyer in writing prior to expiration of the Due Diligence Period): (a) Tenant Leases. There are no leases, licenses or other agreements granting any person or party the right to occupy the Easement Area following the Closing Date. (b) No Prior Options, Sales or Assignments. Seller has not granted any options nor obligated itself to sell the Easement Area or any portion thereof to any party other than Buyer. (c) Authority. Seller is a Washington limited liability company duly organized, validly existing and in good standing under the laws of the State of Washington. This Agreement and all documents to be executed by Seller at Closing have been duly authorized, executed and delivered by Seller. (d) Hazardous Substances. Seller has no knowledge and has not received any written notification from any governmental entity of any generation, storage, transportation, release, deposits, spill, use, placement or disposal on, in, under or from the Property or any properties adjacent thereto of any hazardous substances in violation of any hazardous substances laws, and there is not currently, nor has there been in the past, any proceeding or inquiry by any governmental body with respect thereto. Seller has no actual knowledge of the Property now nor in the past having or containing any underground storage tanks or hazardous substances. Seller agrees to and shall indemnify, defend (with counsel reasonably satisfactory to Buyer), and hold Buyer harmless from and against any and all claims, losses, liabilities, damages, fines, penalties, cleanup costs and expenses (including reasonable attorneys’ fees and consultants’ costs) arising from the presence of hazardous substances on the Property DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) -9- 162494368.3 FG: 101438885.7 unless the presence, exacerbation, and/or release of hazardous substances on or from the Property was caused by Buyer or related to Buyer’s Due Diligence activities. (e) OFAC. Seller is not a person or entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List) or under any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism). 8.2 Buyer’s Representations. Buyer represents, warrants and covenants to Seller as follows: This Agreement and all documents to be executed by Buyer at Closing have been duly authorized, executed and delivered by Buyer and are binding on and enforceable against Buyer in accordance with their terms. 8.3 General Provision Regarding Warranties and Representations. If, prior to Closing, either Buyer or Seller discovers a fact or circumstance which would render a representation or warranty by Seller inaccurate in any material respect as of the Effective Date, it shall promptly advise the other party thereof in writing. If Buyer is so advised of such a fact or circumstance prior to Closing, it shall have the option, exercisable within five (5) business days thereafter to either (a) elect to terminate this Agreement or (b) to waive such inaccuracy, in which event Buyer shall be deemed to have waived all rights, claims and causes of action against Seller related thereto and the representation or warranty shall be deemed amended to reflect such fact or circumstance. Notwithstanding anything to the contrary contained herein, no claim for a breach of any representation or warranty of Seller shall be actionable or payable unless written notice containing a description of the specific nature of such breach(s) shall have been given by Buyer to Seller prior to the expiration of the six (6) month period provided in Section 8.1 and an action shall have been commenced by Buyer against Seller on or prior to not less than three (3) months thereafter. This section shall survive Closing. ARTICLE IX. LOSS BY FIRE OR OTHER CASUALTY; CONDEMNATION In the event that all or any material portion of the Easement Area is damaged or destroyed by any casualty or is or becomes the subject of a taking or condemnation under the provisions of eminent domain law after the Effective Date but prior to the Closing Date (regardless of whether or not such taking or condemnation shall be consummated prior to the Closing Date), Seller shall notify Buyer thereof, following which Buyer may terminate this Agreement. If Buyer does not elect to terminate this Agreement, then Seller shall have no obligation to repair or replace any damage or destruction caused by the foregoing nor shall the Purchase Price be reduced. In the event of a taking by Buyer, the value of the Easement Area for such purposes shall not be less than the Purchase Price and this provision shall survive any termination of this Agreement. DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) -10- 162494368.3 FG: 101438885.7 ARTICLE X. USE OF THE EASEMENT AREA On the Closing Date, Buyer shall have the right to enter the Easement Areas and be entitled to all rights under the Easements. ARTICLE XI. DISPUTE RESOLUTION PROCESS 11.1 Participation. In the event that any dispute arises between the parties as to the interpretation or application of any term of this agreement, or as to the validity of any claim made by either party against the other, the Parties will seek to resolve any disputes under this Agreement as follows: (a) An authorized representative of the seller or the seller’s President shall meet with the buyer’s Utility Systems Director. (b) If the foregoing does not result in resolution, the seller’s President shall meet with the buyer’s Public Works Administrator. (c) If the parties are unable to resolve the dispute through negotiations, the parties agree to participate in a nonbinding, neutral evaluation, and mediation of their dispute at a mutually agreeable location prior to commencing legal action. Either party may request that any dispute be submitted to neutral evaluation and mediation at any time upon the giving of written notice to the other party. 11.2 Selection of Mediator. Upon the giving of notice by either party as provided above, the parties shall attempt to select a neutral person to evaluate and mediate the dispute. If after thirty (30) days, the parties cannot agree on any of the persons named, or if acceptable persons are unable to serve, or if for any reason the appointment of a neutral person cannot be made, either party may terminate the dispute resolution process or the parties may, by agreement, seek other means of resolution. 11.3 Conflicts of Interest. Each party shall promptly disclose to the other any circumstances known by it that would cause justifiable doubt as to the independence or impartiality of any individual under consideration or appointed as a neutral mediator. Any such individual shall promptly disclose such circumstances to the parties. If any such circumstances are disclosed, the individual shall not serve as neutral mediator unless both parties agree in writing. 11.4 Compensation of Mediator. The neutral mediator's charges shall be established at the time of appointment. Unless the parties otherwise agree, the fees and expenses of the neutral mediator shall be split equally, and each party shall bear its own costs and expenses. 11.5 Mediation Session. The mediation session is intended to provide each party with an opportunity to present its best case and position to the other party and the neutral mediator and for the parties to receive opinions and recommendations from the DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) -11- 162494368.3 FG: 101438885.7 neutral mediator. The neutral mediator shall facilitate communications between the parties, identify issues, and generate options for settlement. The neutral mediator shall also discuss with each party separately the neutral mediator's opinion and evaluation of the strengths and weaknesses of that party's position. The terms of any settlement made by the parties as the result of the mediation shall be set out in a written addendum to this agreement. 11.6 Confidentiality. The dispute resolution process identified in this paragraph is a compromise negotiation. The parties agree to maintain in confidence all offers, promises, conduct, and statements, oral or written, made in the course of the mediation by either of the parties, their agents, employees, experts, representatives or attorneys, or by the neutral mediator and agree that the same shall be deemed negotiations in pursuit of settlement and compromise and not admissible or discoverable in subsequent legal proceedings pursuant to Washington Evidence Rule 408. The neutral mediator shall be disqualified as a trial or deposition witness, consultant, or expert of either party. 11.7 Reservation of Rights. In the event that the parties are unable to resolve the dispute through the dispute resolution process established in this paragraph, the parties reserve any and all other rights and remedies available to each of them regarding such dispute. ARTICLE XII. DEFAULT; REMEDIES 12.1 Default by Buyer. If Buyer fails, without legal excuse, to complete the purchase of the Easements in accordance with the terms of this Agreement, Seller shall have all remedies at law and/or in equity, including, but not limited to, the right to specifically enforce this Agreement and to recover any and all of Seller’s actual and verifiable costs and expenses related to the Remediation Work. 12.2 Default by Seller. If Seller fails, without legal excuse, to complete the sale of the Easements in accordance with the terms of this Agreement, Buyer may elect to pursue one of the following exclusive remedies: (a) specifically enforce this Agreement (provided any action for specific performance is commenced within forty-five (45) days following Seller’s failure), or (b) terminate this Agreement and receive a reimbursement of Buyer’s Due Diligence Costs (as defined below). For the purposes of this Agreement, “Due Diligence Costs” shall mean all out-of-pocket due diligence, legal fees and costs expended by Buyer in connection with this Agreement, but in no event shall Due Diligence Costs exceed $50,000. The foregoing limitations on the liability of Seller shall not be applicable with respect to Seller’s obligations to be performed or enforced after Closing. 12.3 Attorneys’ Fees. In the event either party brings an action or any other proceeding against the other party to enforce or interpret any of the terms of the Easements or this Agreement, the party substantially prevailing in any such action or proceeding shall be paid all costs and reasonable attorneys’ fees by the other party in DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) -12- 162494368.3 FG: 101438885.7 such amounts as shall be set by the court, at trial and on appeal. This Section 11.3 shall survive the Closing or any earlier termination of this Agreement. ARTICLE XIII. MISCELLANEOUS 13.1 Brokers and Finders. Each party represents and warrants to the other that no broker or finder has been involved in this transaction. 13.2 Notices. All notices, demands, requests, consents and approvals which may, or are required to, be given by any party to any other party hereunder shall be in writing and shall be deemed to have been duly given if (i) hand delivered, (ii) sent by a nationally recognized overnight delivery service, or (iii) if mailed or deposited in the United States mail and sent by registered or certified mail, return receipt requested, postage prepaid to: Buyer at: City of Renton 1055 South Grady Way Renton, WA 98057 Attn: City Clerk and Cheryl L. Beyer Email: cityclerk@rentonwa.gov; cbeyer@rentonwa.gov With a copy to: Kinnon Williams Foster Garvey PC 1111 Third Avenue, Suite 3000 Seattle, WA 98101-3299 Email: Kinnon.Williams@Foster.com Seller at: Segale Properties LLC 5811 Segale Park Drive C Tukwila, WA 98138 Attn: Mike Pruett Email: mpruett@segaleproperties.com With a copy to: Perkins Coie LLP 10885 NE Fourth Street, Suite 700 Bellevue, WA 98004 Attn: Craig Gilbert DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) -13- 162494368.3 FG: 101438885.7 Email: CGilbert@perkinscoie.com Or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner. All notices shall be deemed complete upon actual receipt or refusal to accept delivery or, in the case of any electronic transmission, upon confirmation of transmission generated by the sender’s machine. Attorneys for either party may give notices on behalf of the parties whom they represent. 13.3 Amendment, Waiver. No modification, termination or amendment of this Agreement may be made except by written agreement signed by Seller and Buyer. No failure by Seller or Buyer to insist upon the strict performance of any covenant, agreement, or condition of this Agreement or to exercise any right or remedy shall constitute a waiver of any such breach or any other covenant, agreement, term or condition. No waiver shall affect or alter this Agreement, and each and every covenant, agreement, term, and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. All the terms, provisions, and conditions of this Agreement shall inure to the benefit of and be enforceable by Seller’s or Buyer’s permitted successors and assigns. 13.4 Survival. All provisions of this Agreement which involve obligations, duties or rights to be performed after the Closing Date or the recording of the Easements, and all representations and warranties made in or to be made pursuant to this Agreement shall survive the Closing Date and/or the recording of the Easements only to the extent expressly provided herein. 13.5 Captions. The captions of this Agreement are for convenience and reference only and in no way define, limit or describe the scope or intent of this Agreement. 13.6 Merger of Prior Agreements Reliance. This Agreement and the exhibits hereto constitute the final and complete agreement between the parties with respect to the purchase and sale of the Easements and supersede all prior and contemporaneous agreements, letters of intent and understandings between the parties related thereto. There are no oral or other agreements, including but not limited to any representations or warranties, which modify or affect this Agreement. Seller shall not be bound by, nor liable for, any warranties, representations or statements of fact or opinion made by any other person, partnership, corporation or other entity, including, without limitation, the Title Company, any surveyor and any consultants. Buyer acknowledges to Seller that in entering into this Agreement, Buyer is not relying on any warranties except those expressly set forth herein. 13.7 No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between Buyer and Seller. No term or provision of this Agreement is intended to be, or shall be, for the benefit of any person, firm, organization or corporation DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) -14- 162494368.3 FG: 101438885.7 not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. 13.8 Governing Law; Time. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the internal laws of the State of Washington. “Day” as used herein means a calendar day and “business day” means any day on which commercial banks are generally open for business. Any period of time which would otherwise end on a non-business day shall be automatically extended to the next following business day. Time is of the essence of this Agreement. 13.9 Exhibits. All exhibits attached hereto or referenced herein are incorporated in this Agreement. 13.10 Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such provisions had not been contained herein. 13.11 Counterparts. This Agreement and the documents to be delivered hereunder may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. 13.12 Assignment. Buyer’s rights under this Agreement are not assignable without the prior written consent of Seller, which may be withheld in Seller’s sole discretion. 13.13 Confidentiality. Buyer and Seller agree that the economic terms of this Agreement shall remain confidential prior to Closing (except for those with a need to know) and that no press or other publicity release or communication to the general public concerning the transaction described herein will be issued without the other party’s prior written approval, unless such disclosure is required by applicable law, Buyer’s procedural requirements, or to enforce rights hereunder. [Signature Page to follow] DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) -15- 162494368.3 FG: 101438885.7 IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the day and year first above written. SELLER: SEGALE PROPERTIES LLC, a Washington limited liability company By: Metro Land Development, Inc., Its Manager By: Mark Segale, President BUYER: THE CITY OF RENTON, a Washington municipal corporation By: Armondo Pavone, Mayor Attest: _____________________________ Jason A. Seth, City Clerk DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) -16- 162494368.3 FG: 101438885.7 List of Exhibits EXHIBIT A - Property Legal Description EXHIBIT B - Form of Utility Easement Agreement EXHIBIT C - Form of Temporary Construction Easement Agreement SCHEDULE 4 - Insurance Requirements EXHIBIT D - Remediation Work DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT A 162494368.3 FG: 101438885.7 EXHIBIT A Property Legal Description THE EAST ½ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., EXCEPT THE NORTH 330 FEET THEREOF; AND EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF-WAY BY DEED RECORDED UNDER RECORDING NO. 7809071074; AND EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME AS RESERVED BY DEED RECORDED UNDER RECORDING NO. 3875580; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT B 162494368.3 FG: 101438885.7 EXHIBIT B Form of Utility Easement Agreement After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Grantor(s): Segale Properties LLC, a Washington limited liability company Grantee(s): City of Renton, a Washington municipal corporation Abbreviated Legal Description: E 1/2 of NE 1/4 of NW 1/4 of SEC16, TWP23N, R5E, WM LESS N 330 LESS ST LESS C/M RGTS Full Legal Description on Page(s) Exhibit A of document King County Parcel Number: 162305-9059 Reference Number of Related Documents: N/A PERMANENT UTILITY EASEMENT Segale Properties LLC, a Washington limited liability company (“Grantor”), for good and valuable consideration, receipt of which is hereby acknowledged, does hereby grant and convey unto the City of Renton, a Washington municipal corporation, and its successors and assigns (the "City" or "Grantee"), from the property legally described on Exhibit “A” (the “Property”), attached hereto and incorporated by this reference, a permanent utility easement (the “PUE”) with necessary appurtenances and access thereto, for the purposes described below, over, under, in, on, along, across, through, below, and upon, the portion of the Property legally described and depicted on Exhibit “B” (the “PUE Area”), which are attached to this Permanent Utility Easement agreement (the “Easement”) and incorporated by this reference. The Grantee and its agents, designees and/or assigns shall have the perpetual right to enter the PUE Area at all times without limitation for the purpose of accessing, constructing, repairing, replacing, improving, operating, and maintaining stormwater infiltration, water quality treatment, and drainage facilities (collectively the "Facilities") without prior notice or institution of any suit or proceedings and without incurring any legal obligation or liability, therefore. Subject to the provisions of this PUE, Grantor is permitted to use the lawn area above the infiltration chambers within the PUE Area (the “Field”) only for recreational use. Recreational use is defined as passive leisure activities such as walking, viewing, field games and relaxing, except as specifically allowed for herein. DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT B 162494368.3 FG: 101438885.7 This Easement is executed and delivered and said PUE is granted upon the following conditions to wit: 1. Access Road. In connection with the PUE, Grantee shall be permitted to construct an access road within the PUE Area to use for purposes of vehicular ingress to the Facilities (the “Access Road”). Grantee shall maintain the Access Road in good condition. Upon prior written notice to Grantee and subject to Grantee’s rights under the PUE, Grantor may use that certain portion of the Access Road between Monroe Ave NE to the gate located east of the pretreatment structure, as more specifically determined by Grantee, for access in connection with future development, provided Grantor, at its sole cost and expense, must obtain all required City permits for its intended use. Should Grantor exercise its right to use the Access Road, Grantor will assume all costs associated with any construction, modification, and maintenance to the access road and repair any and all damage caused by such use. 2. Indemnity. (a) The Grantee, its heirs, executors, administrators, agents, employees, successors, and assigns, (collectively the “Grantee Parties”) shall indemnify, defend and hold harmless Grantor, its agents and employees, assigns, and successors (collectively the “Grantor Parties”) from and against any and all third-party claims, actions, suits, losses, expenses (including reasonable attorneys’ fees), and damages which may accrue or be suffered by any persons or property to the extent arising from or relating to the exercise by Grantee or any Grantee Parties of any of the rights granted in this Easement, except to the extent caused or contributed to by any act, omission, negligence or willful misconduct of Grantor or Grantor Parties. (b) The Grantor and Grantor Parties shall indemnify, defend and hold harmless Grantee and Grantee Parties from and against any and all third-party claims, actions, suits, losses, expenses (including reasonable attorneys’ fees), and damages which may accrue or be suffered by any persons or property to the extent arising from or relating to (a) any breach of this Easement by Grantor or any Grantor Parties or (b) any damage to property, including but not limited to the Facilities, or injury to person, caused by any act or omission of Grantor or any Grantor Parties, except to the extent caused or contributed to by any act, omission, negligence or willful misconduct of Grantee or any Grantee Parties. 3. Maintenance. Grantee will maintain the Facilities in good working condition at all times during the term of the PUE. Upon completion of any Facilities, Access Road or other work performed under this Easement, unless otherwise agreed by Grantor, Grantee shall remove all temporary items, restore the surface of Grantor’s Property (including any temporary use areas) to its prior condition to the extent reasonably practicable and promptly remove all debris created by such work. Grantor will maintain landscape, including lawn maintenance, of the Field, in good condition, free from trash and debris. For the avoidance of doubt, Grantee shall solely be responsible for maintaining and repairing all PUE Area perimeter landscape, including, without DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT B 162494368.3 FG: 101438885.7 limitation, perimeter fencing and vegetative screening along any such fencing. Permanent structures, pavement, and plantings other than lawn will only be allowed within the PUE Area with the express written consent of Grantee. a) 4. Damage. If Grantor or its contractors damage or disturb the Facilities or PUE Area, Grantee may either: (i) require Grantor to promptly repair and restore the same to its condition as of the date of such damage or disturbance at Grantor’s sole cost and expense or (ii) Grantee may repair and restore the same to its condition as of the date of such damage or disturbance and Grantor shall reimburse Grantee for its costs and expenses within ten (10) days of Grantee’s written demand. In the event damage occurs to the PUE Area or the Facilities caused by a third party, Grantor shall be responsible for conducting all related repairs, provided Grantee shall reimburse Grantor for fifty (50%) percent of the cost within ten (10) days of Grantor’s written demand. In the event Grantee’s facilities are damaged by a third party, Grantee may seek recovery from any third party responsible for any damage (including those to be paid for by Grantor), with net proceeds from the recovery being applied to offset any repair costs. b) 5. Interference. Grantor shall not block, fence, barricade, obstruct, or otherwise disturb or interfere Grantee’s permitted use of the PUE Area as set forth in this Easement. The following conduct, without limitation, shall constitute an interference with the PUE Area: (a) Erecting or maintaining any buildings, structures, or improvements within the PUE Area except for common playground equipment such as picnic benches, barbecue pits, and soccer goal posts, only with Grantee’s prior written consent, which consent shall not be unreasonably withheld and provided that in Grantee’s reasonable determination such common playground equipment does not interfere with the Facilities; (b) Subject to Grantor’s right to connect to the Facilities as set forth in this Easement, disturbing or damaging the compaction, lateral or subjacent support facilities or unearthing the Facilities, including but not limited to digging, tunneling, or undertaking any construction or other similar activity; (c) Planting trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the Facilities; (d) Developing, landscaping, or beautifying the PUE Area in any way which would unreasonably increase the costs to Grantee of using or restoring the PUE Area and any private improvements therein; This term does not prohibit maintenance, mowing, reseeding or cleanup of the grass area above the stormwater facilities within the PUE Area nor the installation of an irrigation system; (e) Blasting within fifteen (15) feet of Grantee’s Facilities or the PUE Area, or excavation or other earth removal that materially or adversely affects the Grantee’s Facilities or PUE Area; DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT B 162494368.3 FG: 101438885.7 (f) Obstructing access across the Property and/or Facilities via Access Road, including Grantee’s vehicles, and any fence construction must provide for an opening (gated, removable sections, barriers, etc.) of at least sixteen (16) feet in width, and Grantee shall ensure such construction shall comply with all applicable law, including the codes and laws of the City of Renton and State of Washington; (g) Erecting any objects within fifteen (15) feet of the PUE Area. 6. Connection to the Stormwater Facilities. Provided Grantor obtains all applicable permits and consents and otherwise acts in compliance with all applicable rules, regulations, and standards, in connection with development of the Property, the Grantor may connect to the Facilities, in a location approved by Grantee that is upstream of the pretreatment structure (i.e. hydrodynamic separator) and along the Access Road extending on the northeast corner of the Property. To the extent that the impervious surface will exceed those set forth in the assumptions, additional drainage facilities may be constructed at Grantor’s cost. Grantor may establish a connection to the Facilities between pretreatment structure and flow splitter provided Grantor provides pretreatment upstream of the connection point in accordance with the Renton Surface Water Design Manual. Grantor’s connection to the City Stormwater facilities is further conditioned upon the following: (i) City permitting requirements; and (ii) the discharge from Grantor’s connection does not exceed the discharge simulated using hydrologic and hydraulic modeling under the current zoning R-10, unless otherwise authorized by Grantee. 7. Grantor’s Failure to Perform. Except in the case of an emergency, if the Grantee determines that Grantor is not in compliance with any provision of this Easement the Grantee will give Grantor written notice of the violation. If Grantor does not cure within thirty (30) days of such notice (except in cases of emergency where no notice is required), then the Grantee may enter the Property to perform the necessary work to cure the violation and Grantor shall reimburse Grantee for the cost of performance. In the event of an emergency Grantee shall have the right to immediately effectuate all necessary repairs to prevent injury, loss of life or damage to or loss of property. 8. Dispute Resolution Process. c) (a) Participation. In the event that any dispute arises between the parties as to the interpretation or application of any term of this agreement, or as to the validity of any claim made by either party against the other, the Parties will seek to resolve any disputes under this Agreement as follows: a) An authorized representative of the seller or the seller’s President shall meet with the buyer’s Utility Systems Director. b) If the foregoing does not result in resolution, the seller’s President shall meet with the buyer’s Public Works Administrator. c) If the parties are unable to resolve the dispute through negotiations, the parties agree to participate in a nonbinding, neutral evaluation, and mediation of their dispute at a mutually agreeable location prior to commencing legal DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT B 162494368.3 FG: 101438885.7 action. Either party may request that any dispute be submitted to neutral evaluation and mediation at any time upon the giving of written notice to the other party. (b) Selection of Mediator. Upon the giving of notice by either party as provided above, the parties shall attempt to select a neutral person to evaluate and mediate the dispute. If after thirty (30) days, the parties cannot agree on any of the persons named, or if acceptable persons are unable to serve, or if for any reason the appointment of a neutral person cannot be made, either party may terminate the dispute resolution process or the parties may, by agreement, seek other means of resolution. (c) Conflicts of Interest. Each party shall promptly disclose to the other any circumstances known by it that would cause justifiable doubt as to the independence or impartiality of any individual under consideration or appointed as a neutral mediator. Any such individual shall promptly disclose such circumstances to the parties. If any such circumstances are disclosed, the individual shall not serve as neutral mediator unless both parties agree in writing. (d) Compensation of Mediator. The neutral mediator's charges shall be established at the time of appointment. Unless the parties otherwise agree, the fees and expenses of the neutral mediator shall be split equally, and each party shall bear its own costs and expenses. (e) Mediation Session. The mediation session is intended to provide each party with an opportunity to present its best case and position to the other party and the neutral mediator and for the parties to receive opinions and recommendations from the neutral mediator. The neutral mediator shall facilitate communications between the parties, identify issues, and generate options for settlement. The neutral mediator shall also discuss with each party separately the neutral mediator's opinion and evaluation of the strengths and weaknesses of that party's position. The terms of any settlement made by the parties as the result of the mediation shall be set out in a written addendum to this agreement. (f) Confidentiality. The dispute resolution process identified in this paragraph is a compromise negotiation. The parties agree to maintain in confidence all offers, promises, conduct, and statements, oral or written, made in the course of the mediation by either of the parties, their agents, employees, experts, representatives or attorneys, or by the neutral mediator and agree that the same shall be deemed negotiations in pursuit of settlement and compromise and not admissible or discoverable in subsequent legal proceedings pursuant to Washington Evidence Rule 408. The neutral mediator shall be disqualified as a trial or deposition witness, consultant, or expert of either party. DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT B 162494368.3 FG: 101438885.7 (g) Reservation of Rights. In the event that the parties are unable to resolve the dispute through the dispute resolution process established in this paragraph, the parties reserve any and all other rights and remedies available to each of them regarding such dispute. 9. Attorneys’ Fees. Grantor and Grantee agree that in the event it becomes necessary for either of them to defend or institute legal proceedings as a result of the failure of the other to comply with this Easement, the prevailing party in such litigation will be entitled to be reimbursed for all costs incurred or expended in connection therewith, including, but not limited to, reasonable attorney’s fees (including fees for any appeals) and court costs. 10. Notices. All notices, demands, requests, consents and approvals which may, or are required to, be given by any party to any other party hereunder shall be in writing and shall be deemed to have been duly given if (i) hand delivered, (ii) sent by a nationally recognized overnight delivery service, or (iii) if mailed or deposited in the United States mail and sent by registered or certified mail, return receipt requested, postage prepaid to: d) To Grantor: Segale Properties LLC 5811 Segale Park Drive C Tukwila, WA 98138 Attn: Mike Pruett Email: mpruett@segaleproperties.com With a copy to: Perkins Coie LLP 10885 NE Fourth Street, Suite 700 Bellevue, WA 98004 Attn: Craig Gilbert Email: CGilbert@perkinscoie.com To Grantee: City of Renton 1055 South Grady Way Renton, WA 98057 Attn: City Clerk and Cheryl L. Beyer Email: cityclerk@rentonwa.gov, cbeyer@rentonwa.gov, With a copy to: DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT B 162494368.3 FG: 101438885.7 Kinnon Williams Foster Garvey PC 1111 Third Avenue, Suite 3000 Seattle, WA 98101-3299 Email: Kinnon.Williams@Foster.com e) 11. Compliance. The parties agree comply in all material respects with the requirements of all laws, code, regulations, orders, writs, injunctions and decrees applicable to the PUE or the Property. f) 12. It is acknowledged by the Parties that: (a) Stormwater System Development Charges are not applicable to the property as it is currently developed. (b) In accordance with Renton Municipal Code 4-11-040.L, Net Density is not affected as of the result of this Easement. (c) Nothing in this Easement exempts the Grantor from any applicable fees or permitting requirements for future development of the Property. 13. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors, and assigns from the use of the Property outside of the PUE Area for the construction and maintenance of Property improvements outside of the PUE Area. 14. This Easement and the rights, obligations, and covenants stated in this Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Easement shall be recorded with the King County Recorder’s Office. 15. Any modification, waiver, or amendment of this Easement shall be valid only if in writing, signed by each of the parties to this Easement. 16. Grantor represents and warrants that it is the lawful owner of the above-described Property and has authority to enter into this Easement and convey this PUE. Grantee represents and warrants that it is authorized to enter into this Easement and consummate the transactions contemplated herein. 17. Any lawsuit or legal action brought by any party to enforce or interpret this Easement 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. DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT B 162494368.3 FG: 101438885.7 18. This Easement constitutes the full and complete agreement and understanding of the parties with respect to the subject matters described in this Easement, and subject to the Purchase and Sale Agreement for Easements between the parties, there are no written, verbal or other agreements that modify or affect this Easement. If any term, covenant, condition, or easement in this Easement is held to be invalid, void or otherwise unenforceable by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained herein, and this Easement shall be interpreted as to best give effect to the parties’ intent hereunder. This Easement may be executed in one or more counterparts, all of which together shall be deemed to be one original. 19. It is understood and agreed that delivery of this Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton. [Signature pages to follow] DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT B 162494368.3 FG: 101438885.7 IN WITNESS WHEREOF, the Parties have voluntarily entered into this PUE as of the date last signed by the Parties below. CITY OF RENTON, a Washington municipal corporation By:__________________________ Armondo Pavone, Mayor __________________________ Date SEGALE PROPERTIES LLC, a Washington limited liability company By: Metro Land Development, Inc., Its Manager By: Mark A. Segale, President _____________________________ Date Attest _____________________________ Jason A. Seth, City Clerk Approved as to Legal Form __________________________ Shane Moloney, City Attorney DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT B 162494368.3 FG: 101438885.7 Grantor: STATE OF ______________ COUNTY OF ____________ I certify that I know or have satisfactory evidence that _______________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, and on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of Metro Land Development, Inc., Manager of SEGALE PROPERTIES LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. ____________________________________________________ Print name: _________________________________ NOTARY PUBLIC in and for the State of Washington My appointment expires:_________________ DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT B 162494368.3 FG: 101438885.7 Grantee: STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that _______________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, and on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of The City of Renton, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. ____________________________________________________ Print name: _________________________________ NOTARY PUBLIC in and for the State of Washington My appointment expires:_________________ DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT B 162494368.3 FG: 101438885.7 EXHIBIT “A” ENTIRE PARCEL LEGAL DESCRIPTION THE EAST ½ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., EXCEPT THE NORTH 330 FEET THEREOF; AND EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF-WAY BY DEED RECORDED UNDER RECORDING NO. 7809071074; AND EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME AS RESERVED BY DEED RECORDED UNDER RECORDING NO. 3875580; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT B 162494368.3 FG: 101438885.7 EXHIBIT “B” PERMANENT UTILITY EASEMENT AREA LEGAL DESCRIPTION AND GRAPHIC DEPICTION DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT B 162494368.3 FG: 101438885.7 DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT C 162494368.3 FG: 101438885.7 EXHIBIT C Form Temporary Construction Easement Agreement After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Grantor(s): Segale Properties LLC, a Washington limited liability company Grantee(s): City of Renton, a Washington municipal corporation Abbreviated Legal Description: E 1/2 of NE 1/4 of NW 1/4 of SEC16, TWP23N, R5E, WM LESS N 330 LESS ST LESS C/M RGTS Full Legal Description on Page(s) Exhibit A of document King County Parcel Number: 162305-9059 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (the “TCE”), is made and entered into as of the last signature date set forth below, by and between Segale Properties LLC, a Washington limited liability company (“Grantor”), and the City of Renton, a Washington municipal corporation (“City” or “Grantee”), its successors and assigns. 1. Grant. For good and valuable consideration, sufficiency and receipt of which are hereby acknowledged, Grantor, as the owner of that certain real property, known as King County Parcel Number 162305-9059, legally described on Exhibit “A” (“Property”), attached hereto and incorporated by this reference, does hereby grant to the City, a 497,915 square foot temporary construction easement (the “TCE”), over, across, in, upon, through and under that portion of the Property legally described and depicted on Exhibit “B” (the “TCE Area”), which are attached hereto and incorporated by this reference, for any and all activities in connection with the construction of the Monroe Ave NE Infiltration Facility (the “Project”), including, but not limited to mobilization, site preparation, grading, excavation, embankment, lighting, hauling of stockpiled material, equipment maintenance, storage of equipment and construction materials, stockpiling materials, storm water handling and erosion control facilities, conveyance and discharge of stormwater from Monroe Ave NE, loading and unloading of trucks and/or conveyors, roadwork, landscaping, and final site cleanup and all other incidental purposes. 2. Term. The term of the TCE (the “Term”) shall commence upon the later of (i) 14- days after the completion of the Remediation Work by Grantor specified in that certain Purchase DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT C 162494368.3 FG: 101438885.7 and Sale Agreement for Easements dated _________, 2023 between the parties or (ii) October 16, 2023 (the “Commencement Date”). The TCE shall continue for eighteen (18) months from the Commencement Date (the “Termination Date”). 3. Option to Extend. At Grantee’s option and upon 30 days prior written notice to Grantor for the initial option to extend, and upon 15 days prior written notice to Grantor for every subsequent option to extend, Grantee shall have the option to extend the Term for up to six (6) additional thirty (30) day periods upon the same terms and conditions herein except that for each 30-day period for which Grantee extends the Term, Grantee shall pay Grantor additional consideration in the amount of Seventy-Four Thousand Six Hundred Eighty-Seven Dollars ($74,687.00) prior to the commencement of the then applicable extension period. 4. Construction. Grantee and/or its contractors shall provide forty-eight (48) hour- notice to the Grantor of its intent to commence construction. Grantee shall vacate the TCE Area on the Termination Date. Each Party shall use their best efforts to coordinate any respective construction projects such that they do not occur simultaneously or in conflict. 5. Surrender. Grantee shall, upon completion of construction within the TCE, vacate the TCE Area, including its construction equipment, personal property, and materials, and return the TCE Area to Grantor, as nearly as practicable, in a substantially similar condition for its intended use, at the elevations existing at the completion of construction, and with any material belonging to the Grantor returned in a reasonably similar condition in which it existed at the commencement of Grantee’s construction, reasonable use excepted. 6. Reservation. Grantor reserves the right to use the Property, licenses or use rights to the Property for any purpose not inconsistent with the rights herein granted to Grantee so long as such use or use rights do not interfere with, obstruct, or endanger the construction, use, function, or efficiency of the TCE. 7. Grantee Indemnity. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee’s rights under this TCE or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee’s activities authorized by this TCE, provided, however, that: (a) The Grantee’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death, or damage caused by or resulting from the willful misconduct or negligence of the Grantor; and (b) The Grantee’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT C 162494368.3 FG: 101438885.7 party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor or employee of the Grantee). 8. Grantor Indemnity. The Grantor agrees to hold harmless, indemnify and defend the Grantee from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the Grantor, or damage to property, related to this TCE, the Property or any willful misconduct or negligent act, error, or omission of the Grantor, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantor’s activities on the TCE or Property, provided, however, that: (c) The Grantor’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death, or damage caused by or resulting from the willful misconduct or negligence of the Grantee; and (d) The Grantor’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantor and the Grantee, or of the Grantor and a third party other than an officer, agent, contractor or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantor (including an officer, agent, contractor or employee of the Grantor). 9. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. 10. Dispute Resolution Process. (h) Participation. In the event that any dispute arises between the parties as to the interpretation or application of any term of this agreement, or as to the validity of any claim made by either party against the other, the Parties will seek to resolve any disputes under this Agreement as follows: a) An authorized representative of the seller or the seller’s President shall meet with the buyer’s Utility Systems Director. b) If the foregoing does not result in resolution, the seller’s President shall meet with the buyer’s Public Works Administrator. c) If the parties are unable to resolve the dispute through negotiations, the parties agree to participate in a nonbinding, neutral evaluation, and mediation of their dispute at a mutually agreeable location prior to commencing legal action. Either party may request that any dispute be submitted to neutral evaluation and mediation at any time upon the giving of written notice to the other party. (i) Selection of Mediator. Upon the giving of notice by either party as provided above, the parties shall attempt to select a neutral person to evaluate and mediate the DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT C 162494368.3 FG: 101438885.7 dispute. If after thirty (30) days, the parties cannot agree on any of the persons named, or if acceptable persons are unable to serve, or if for any reason the appointment of a neutral person cannot be made, either party may terminate the dispute resolution process or the parties may, by agreement, seek other means of resolution. (j) Conflicts of Interest. Each party shall promptly disclose to the other any circumstances known by it that would cause justifiable doubt as to the independence or impartiality of any individual under consideration or appointed as a neutral mediator. Any such individual shall promptly disclose such circumstances to the parties. If any such circumstances are disclosed, the individual shall not serve as neutral mediator unless both parties agree in writing. (k) Compensation of Mediator. The neutral mediator's charges shall be established at the time of appointment. Unless the parties otherwise agree, the fees and expenses of the neutral mediator shall be split equally, and each party shall bear its own costs and expenses. (l) Mediation Session. The mediation session is intended to provide each party with an opportunity to present its best case and position to the other party and the neutral mediator and for the parties to receive opinions and recommendations from the neutral mediator. The neutral mediator shall facilitate communications between the parties, identify issues, and generate options for settlement. The neutral mediator shall also discuss with each party separately the neutral mediator's opinion and evaluation of the strengths and weaknesses of that party's position. The terms of any settlement made by the parties as the result of the mediation shall be set out in a written addendum to this agreement. (m) Confidentiality. The dispute resolution process identified in this paragraph is a compromise negotiation. The parties agree to maintain in confidence all offers, promises, conduct, and statements, oral or written, made in the course of the mediation by either of the parties, their agents, employees, experts, representatives or attorneys, or by the neutral mediator and agree that the same shall be deemed negotiations in pursuit of settlement and compromise and not admissible or discoverable in subsequent legal proceedings pursuant to Washington Evidence Rule 408. The neutral mediator shall be disqualified as a trial or deposition witness, consultant, or expert of either party. (n) Reservation of Rights. In the event that the parties are unable to resolve the dispute through the dispute resolution process established in this paragraph, the parties reserve any and all other rights and remedies available to each of them regarding such dispute. 11. Grantor and Grantee agree that in the event it becomes necessary for either of them to defend or institute legal proceedings as a result of the failure of the other to comply with DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT C 162494368.3 FG: 101438885.7 this TCE, the prevailing party in such litigation will be entitled to be reimbursed for all costs incurred or expended in connection therewith, including, but not limited to, reasonable attorney’s fees (including fees for any appeals) and court costs. 12. The parties agree to comply in all material respects with the requirements of all laws, code, regulations, orders, writs, injunctions and decrees applicable to the TCE or the Property. 13. This TCE and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs, and assigns. 14. Any modification, waiver, or amendment of this TCE shall be valid only if in writing, signed by each of the parties to this TCE. 15. Grantor represents and warrants that it is the lawful owner of the above-described Property and has authority to enter into and convey this TCE. Grantee represents and warrants that it is authorized to enter into this TCE and consummate the transactions contemplated herein. 16. Any lawsuit or legal action brought by any party to enforce or interpret this TCE 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, with the prevailing party entitled to their attorney’s fees and costs. 17. This TCE constitutes the full and complete agreement and understanding of the parties with respect to the subject matters described in this TCE, and subject to the Purchase and Sale Agreement for Easements between the parties, there are no written, verbal or other agreements that modify or affect this TCE. If any term, covenant, condition, or easement in this TCE is held to be invalid, void or otherwise unenforceable by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained herein, and this TCE shall be interpreted as to best give effect to the parties’ intent hereunder. 18. It is understood and agreed that delivery of this TCE is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. 19. This TCE may be executed in one or more counterparts, each of which shall be deemed and original, but all of which together shall constitute one and the same instrument. [Signature pages to follow] DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT C 162494368.3 FG: 101438885.7 IN WITNESS WHEREOF, the Parties have voluntarily entered into this TCE as of the date last signed by the Parties below. Grantor: STATE OF ______________ COUNTY OF ____________ I certify that I know or have satisfactory evidence that _______________________________ is the person who appeared before me, and said person acknowledged that they signed this CITY OF RENTON, a Washington municipal corporation By:__________________________ Armondo Pavone, Mayor __________________________ Date SEGALE PROPERTIES LLC, a Washington limited liability company By: Metro Land Development, Inc., Its Manager By: Mark A. Segale, President _____________________________ Date Attest _____________________________ Jason A. Seth, City Clerk Approved as to Legal Form __________________________ Shane Moloney, City Attorney DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT C 162494368.3 FG: 101438885.7 instrument, and on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of Metro Land Development, Inc., Manager of SEGALE PROPERTIES LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. ____________________________________________________ Print name: _________________________________ NOTARY PUBLIC in and for the State of Washington My appointment expires:_________________ DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT C 162494368.3 FG: 101438885.7 Grantee: STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that _______________________________ is the person who appeared before me, and said person acknowledged that they signed this instrument, and on oath stated that they were authorized to execute the instrument and acknowledged it as the ______________________________ of The City of Renton, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _____ day of _________________, 20____. ____________________________________________________ Print name: _________________________________ NOTARY PUBLIC in and for the State of Washington My appointment expires:_________________ DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT C 162494368.3 FG: 101438885.7 EXHIBIT “A” ENTIRE PARCEL LEGAL DESCRIPTION THE EAST ½ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., EXCEPT THE NORTH 330 FEET THEREOF; AND EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF-WAY BY DEED RECORDED UNDER RECORDING NO. 7809071074; AND EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME AS RESERVED BY DEED RECORDED UNDER RECORDING NO. 3875580; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT C 162494368.3 FG: 101438885.7 EXHIBIT “B” TEMPORARY CONSTRUCTION EASEMENT AREA LEGAL DESCRIPTION AND GRAPHIC DEPICTION EXHIBIT “B” T.L. 162305-9059 Temporary Construction Easement THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, CITY OF RENTON, KING COUNTY, WASHINGTON. EXCEPT THE NORTH 330 FEET THEREOF. ALSO, EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR ROAD RIGHT OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 3875580; ALSO, EXCEPT THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL; THENCE SOUTH 01° 04’17”WEST ALONG THE EAST LINE OF THE ABOVE DESCRIBED PARCEL A DISTANCE OF 50.00 FEET; THENCE LEAVING SAID EAST LINE, NORTH 89° 13’02”WEST 200.45 FEET; THENCE SOUTH 34° 06’55”WEST 351.62 FEET; THENCE NORTH 88° 56’33”WEST 241.13 FEET. MORE OR LESS, TO THE WEST LINE OF THE ABOVE DESCRIBED PARCEL; THENCE NORTH 01° 04’31”EAST ALONG SAID WEST LINE 342.62 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL; THENCE SOUTH 89° 13’02”EAST ALONG THE NORTH LINE OF SAID PARCEL 633.29 FEET TO THE POINT OF BEGINNING. 07/25/23 DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT C 162494368.3 FG: 101438885.7 DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) SCHEDULE 4 162494368.3 FG: 101438885.7 SCHEDULE 4 INSURANCE REQUIREMENTS 1. General Liability. Buyer or Buyer's agents and/or consultants (“Buyer Parties”), as applicable, shall, at its own expense, procure and maintain commercial general liability (“CGL”) insurance on a combined single limit basis insuring against third party bodily injury and property damage of not less than $1,000,000 per occurrence and $2,000,000 policy general aggregate. 2. Automobile Liability. Buyer or Buyer Parties, as applicable, shall, at their own expense, procure and maintain commercial automobile liability with owned (as applicable), non-owned, and hired auto insurance with limits of coverage for bodily injury and property damage with a combined single limit of not less than $1,000,000 per occurrence. 3. Workers’ Compensation/Employers Liability. Buyer or Buyer Parties, as applicable, shall at their own expense, procure and maintain Workers’ Compensation insurance as required by the State of Washington for all employees and Employers Liability (Stop Gap in ND, OH, WA, WY) for limits of no less than $1,000,000 Bodily Injury by Disease per Employee/$1,000,000 Bodily Injury by Disease Policy Limit/$1,000,000 Bodily Injury by Accident. 4. Waiver of Subrogation. Buyer or Buyer Parties, as applicable, on behalf of itself and its liability insurance carriers, release and waive any claims and subrogation rights against Seller. Buyer or Buyer Parties, as applicable, agrees that it will cause its insurance carriers to include in its policies such a clause or endorsement. If extra cost is charged therefore, Buyer or Buyer Parties, as applicable, shall pay the same. 5. Additional Insured: The Automobile and General Liability policies shall include Seller as an additional insured and shall conform to standard ISO language with respect to coverage under such policy. It is further agreed that the insurance shall be primary and not contributing with any other insurance maintained by Seller on any basis (pro rata or otherwise), notwithstanding any inconsistent provisions in any such policies, to the extent of Buyer’s or Buyer Parties’, as applicable, indemnification obligations under this Agreement. If extra cost is charged therefore, Buyer or Buyer Parties, as applicable, shall pay the same. 6. Insurance Confirmation. All of the insurance policies required by this section shall (a) be written by insurance companies holding a Standard & Poor’s claims paying ability rating of A or better or an A.M. Best Company rating of A.VIII or better, and which are authorized to do business in the State where the Property is located. Proof of required coverage confirming limits will be provided by a certificate of insurance (including all specific Additional Insured and Waiver of Subrogation endorsements) within 30 days of the coverage effective date. Subcontractors and Vendors shall be required to evidence the same Commercial General Liability and Automobile, Workers’ DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) SCHEDULE 4 162494368.3 FG: 101438885.7 Compensation (Including Additional Insured, Primary/Non-Contributory, and Waiver of Subrogation endorsements) coverage and limits as described above for work performed on any Property covered under this agreement. Buyer or Buyer Parties, as applicable, shall provide Seller evidence that all insurance being maintained in effect will not be cancelled in the scope or amount of coverage unless thirty (30) days (ten (10) days non- payment) advance written notice is given to Seller. Buyer or Buyer Parties, as applicable, shall not allow any material changes to the scope or amount of coverage without providing Seller notice in writing thirty (30) days in advance. Additional Insured: Segale Properties LLC Project Location: As applicable, provide project address and/or parcel numbers on certificate of insurance including but not limited to: Address: 301 Monroe Avenue NE, Renton, Washington 98056 Parcels: 162305-9059 DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) EXHIBIT D 162494368.3 FG: 101438885.7 EXHIBIT D Remediation Work 1) Seller shall embank excavated fill into a stockpile in a manner that is reasonably determined and approved by Buyer. Excavated fill deemed suitable by Buyer or its representative for reuse on development of the Facilities (the “Project”) shall be embanked on the north side of the stockpile in a manner that allows Buyer full access to this material and does not hinder Project construction. 2) Fill material shall be deemed suitable for reuse by Buyer or its representative before it is placed in the stockpile designated for suitable fill. 3) Excavated fill deemed not deemed suitable by Buyer or its representative for reuse on the Project shall be embanked on the south side of the stockpile. 4) The line separating suitable from unsuitable fill shall be marked with wood stakes and suitable material shall be covered with plastic in a manner that is reasonably determined and approved by Buyer. 5) Seller shall not be responsible for achieving optimum moisture of excavated material and its ability to be reused as fill in the Project. 6) This work shall be completed no later than September 15, 2023. 7) Buyer and its representatives shall have access to the suitable material stockpile and unrestricted ability to reuse the material for backfill during the Project. DocuSign Envelope ID: F9D19326-CE71-4B2E-A03C-A9216E0148E3 AGENDA ITEM #7. k) CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, PROVIDING FOR THE ACQUISTION OF A PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT LOCATED AT 301 MONROE AVENUE NE, RENTON, WASHINGTON UNDER IMMINENT THREAT OF EMINENT DOMAIN FOR A STORMWATER AND WATER QUALITY TREATMENT PROJECT, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Renton is a non-charter optional municipal code city as provided in title 35A RCW, incorporated under the laws of the State of Washington, and authorized to acquire title to real property for public purposes pursuant to Chapter 8.12 RCW; and WHEREAS, the City of Renton plans to construct and operate certain stormwater, water treatment and drainage facilities in Renton, Washington (the “Project”); and WHEREAS, the City determined that the acquisition of certain property rights over the parcel, fully described in Exhibit A attached hereto, and known as King County Tax Parcel No. 162305-9059 ("Parcel”), is necessary to complete the Project; and WHEREAS, the City determined that those property rights necessary to complete the Project include that certain Utility Easement and Temporary Construction Easement fully described in Exhibit B attached hereto (collectively, the “Easements”); and WHEREAS, the City appraised the fair market value of the Easements; and WHEREAS, Segale Properties LLC (“Owner”), a Washington limited liability company (UBI 602 023 533), is the successor by name change to La Pianta Enterprises LLC (UBI 602 023 533), which is the successor by merger to La Pianta Limited Partnership, which partnership acquired title to the Parcel by statutory warranty deed recorded February 29, 1996 in Official Records AGENDA ITEM #7. k) ORDINANCE NO. ______ 2 under Recording No. 9602291883 and re-recorded under King County Recording No. 20021028002596; and WHEREAS, the City notified Owner of its intent to exercise its power of eminent domain with respect to the Easements; and WHEREAS, the City and Owner have reached an agreement under the imminent threat of eminent domain (the “Purchase and Sale Agreement”) for the sale of the Easements to the City, subject to Council Approval; and WHEREAS, Owner, under the terms of the Purchase and Sale Agreement, waived its right to require the City to comply with the acquisition procedures under RCW 8.26.180; and WHEREAS, Owner, under the terms of the Purchase and Sale Agreement, waived its right to notice of final action under RCW 8.25.290; and WHEREAS, Owner, under the terms of the Purchase and Sale Agreement, waived its right to adjudication of the issue of public use and necessity; and WHEREAS, Owner, under the terms of the Purchase and Sale Agreement, affirmed that no individual or business occupies the Parcel being acquired and therefore no individual or business will be displaced by the City’s Project (as defined by Chapter 8.26 RCW); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION I. The recitals set forth above are hereby adopted and incorporated herein as if set forth in full. SECTION II. The City Council of the City of Renton finds and declares that: i) the Project is a public use; ii) the acquisition of the Easements described in Exhibit B over the Parcel legally AGENDA ITEM #7. k) ORDINANCE NO. ______ 3 described in Exhibit A is necessary for the completion of the Project; and iii) the acquisition of the Parcel and the construction of the Project are in the best interests of the citizens residing within the City of Renton. SECTION III. The City Council authorizes the acquisition of the Easements under imminent threat of eminent domain and initiation of a condemnation action if necessary, for the Project, subject to the making or paying of just compensation to the owners thereof in the manner provided by law. SECTION IV. Nothing in this Ordinance limits the City in its identification and acquisition of property and property rights necessary for the Project. The City reserves the right to acquire additional or different properties or property rights as needed for the Project. SECTION V. The Mayor, by and through the Mayor’s designees, is authorized and directed to complete the purchase of the Easements under imminent threat of eminent domain, and, if needed, to prosecute actions and proceedings in the manner provided by law to condemn, take, damage and appropriate the Easements to carry out the provisions of this Ordinance. SECTION VI. The compensation to be paid to Owner of the Parcel acquired for the Project shall be paid from the City's Surface Water Utility Enterprise Fund or from such other monies that the City may have available or attain for the acquisition. SECTION VII. 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. AGENDA ITEM #7. k) ORDINANCE NO. ______ 4 SECTION VIII. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL the 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:2277:08/25/23 AGENDA ITEM #7. k) ORDINANCE NO. ______ 5 EXHIBIT A Property Legal Description THE EAST ½ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., EXCEPT THE NORTH 330 FEET THEREOF; AND EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF-WAY BY DEED RECORDED UNDER RECORDING NO. 7809071074; AND EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME AS RESERVED BY DEED RECORDED UNDER RECORDING NO. 3875580; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON AGENDA ITEM #7. k) ORDINANCE NO. ________ 6 EXHIBIT B LEGAL DESCRIPTION OF EASEMENTS Temporary Construction Easement AGENDA ITEM #7. k) ORDINANCE NO. ________ 7 Permanent Utilities Easement AGENDA ITEM #7. k)