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Final Agenda Packet
AGENDA City Council Regular Meeting 7:00 PM - Monday, March 19, 2018 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION a) Nature's Scorecard 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENTS • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed five minutes. • When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Retreat minutes of February 15, 2018. Council Concur b) Approval of Council Retreat minutes of February 16, 2018. Council Concur c) Approval of Council Meeting minutes of March 12, 2018. Council Concur d) AB - 2099 Mayor Law appoints the following individuals to the Renton Airport Advisory Committee: Shane Carlson, Airport-at-Large primary position, and Salim Nice, Mercer Island Neighborhood position, both for unexpired terms expiring on 5/7/2019. Refer to Transportation (Aviation) Committee e) AB - 2105 Administrative Services Department requests authorization to purchase 25 COBANTech In-Car Camera units, in the approximate amount of $141,488.88, to equip 25 new Renton Police Department vehicles. The funding for this purchase was included in the 2017/2018 Mid-Biennium Budget adjustment. Refer to Finance Committee f) AB - 2103 Public Works Department requests adoption of a resolution declaring an emergency for the purpose of replacing a damaged signal pole at the intersection of NE 4th St. and Duvall Ave NE. Council Concur g) AB - 2100 Public Works Department recommends authorizing the purchase of a Caterpillar 938M Wheel Loader utilizing state bid contract NJPA 032515-CAT, in the approximate amount of $147,350. The funds to cover this purchase were included in the 2017/2018 Biennium Budget. Council Concur h) AB - 2101 Utility Systems Division recommends approval of an agreement with Harris & Associates, Inc., in the amount of $114,719, for the 2018 Comprehensive Rate Study and Recommendation for System Development Charges for Water, Wastewater and Surface Water Utilities. Refer to Utilities Committee i) AB - 2102 Utility Systems Division recommends approval of an agreement with GeoEngineers, Inc., in the amount of $963,864, for the post-construction documentation and mitigation monitoring for the Cedar River Maintenance Dredge project. This project is funded entirely by the King County Flood Control District Capital Improvement Project budget. Refer to Utilities Committee j) AB - 2104 Utility Systems Division recommends adoption of a resolution ratifying the 2017 Update to the Water Resource Inventory Area (WRIA) 8 Chinook Salmon Conservation Plan. Refer to Utilities Committee 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. 8. LEGISLATION Resolution(s): a) Resolution No. 4334 - Declaring an Emergency for the Purposes of Replacing/Repairing Traffic Signal Pole on NE 4th St & Duvall Ave NE 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:30 p.m. - 7th Floor - Council Chambers 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 February 15, 2018 COUNCIL RETREAT MEETING MINUTES MINUTES City Council Retreat 8:30 AM – 4:00 PM / Thursday, February 15, 2018 Cedar Room, Maplewood Golf Course, 4050 Maple Valley Highway, Renton, 98057 CALL TO ORDER Council President Prince called the meeting to order at 8:30 AM. COUNCILMEMBERS PRESENT Councilmembers Present: Ed Prince, Council President Randy Corman Ryan McIrvin Armondo Pavone Ruth Pérez Don Persson Carol Ann Witschi Councilmembers Absent: None ADMINISTRATIVE STAFF PRESENT Denis Law, Mayor Jay Covington, Chief Administrative Officer Bob Harrison, Chief Administrative Officer (effective 5/1/2018) Shane Moloney, City Attorney Jason Seth, City Clerk Julia Medzegian, Council Liaison Ellen Bradley‐Mak, Human Resources / Risk Management Administrator Gregg Zimmerman, Public Works Administrator Chip Vincent, Community and Economic Development Administrator Jan Hawn, Administrative Services Administrator Kelly Beymer, Community Services Administrator Preeti Shridhar, Deputy Public Affairs Administrator Cliff Long, Economic Development Director Chief Kevin Milosevich, Police Department Deputy Chief Ed VanValey, Police Department Deputy Chief Jon Schuldt, Police Department Commander Charles Karlewicz, Police Department AGENDA ITEM #6. a) February 15, 2018 COUNCIL RETREAT MEETING MINUTES ECONOMIC DEVELOPMENT UPDATE 2017 Accomplishments: Economic Development Director Cliff Long provided a synopsis of economic accomplishments for 2017. Included in the list of accomplishments were IKEA, Hyatt Regency Lake Washington, Hampton Inn & Suites, Kaiser Permanente Northwest, Lofts at 2nd and Main, 2nd and Main Gateway Intersection, and Carmax. He also explained how the Economic Development Division supported the City’s Business Plan, and updated Council on the division’s 2018 work plan. There was no action requested on this matter by Council. FAMILY FIRST CENTER UPDATE Family First Center Update: Mayor Law provided an update on the Family First Center that included fundraising efforts, community support, and support from local legislators. He noted that approximately $8.5 million had been raised to date. He also displayed a video Doug Baldwin presented to state legislators. Council noted that they are hearing concerns regarding parking, administration of programs, and sustainment of operations from residents. There was no action requested on this matter by Council. PUBLIC SAFETY UPDATE Deputy Chief VanValey reviewed the following public safety topics: Technology: Use of Cameras and Drones o Drones used to map crime scenes, reducing on‐scene staff time by two‐thirds. o Drones used by SWAT teams to locate threats to officers. o Successfully used drone video and photos in recent court case. Current Staffing: o 122 out of 128 positions filled; 30.4 non‐commissioned out of 32.9 authorized o 23 applicants in background process – 13 entry level; 5 specialists, and 5 parking enforcement candidates. o Current academy wait times stands at 6 to 7 months. o Lateral hires can begin unaccompanied patrols 5 to 10 months faster than new hires. o As new hires fill patrol positions, current officers move on to fill specialty roles in the department. Street Racing Enforcement: o Street racing occurring in Renton for decades. o Most enforcement efforts only marginally effective. o Hundreds of citations issued yet weekend street racing persists. o New strategy is to close Oakesdale Ave SW between SW 16th St. and SW 41st St., SW 27th St. between Lind Ave SW and Oakesdale Ave SW, and SW 34th St. between Lind Ave SW and Oakesdale SW on Friday and Saturday nights between 11:00 PM and 4:00 AM. o Businesses will be notified prior to implementing the program. o Officers will continue to enforce street racing ordinances. ACTION: Explore what legal authorization the City needs to receive from Council prior to implementing the street racing deterrence program. AGENDA ITEM #6. a) February 15, 2018 COUNCIL RETREAT MEETING MINUTES CURRENT TOPICS City Clerk Jason Seth provided an overview of recent changes to the Public Records Act (RCW 42.56): Changes to Public Records Act o ESHB 1594 and EHB 1595 o Changes to Attorney General’s Model Rules o Exemption of “certain volunteers” o “Bot” requests o New Fee Procedures o Provisions for clarifying requests o New Training Requirements o New Reporting Requirements ACTION: Authorize staff to update Policy & Procedure 100‐05, and replace current PRA report with new State report; provide written instructions and recommendations to Council on how to handle their records (emails, texts, etc.) to remain in compliance with Public Records Act. Council Liaison Julia Medzegian provided a brief overview of the current Council referral process. ACTION: Council may refer updates and briefings to the Administration or simply add a topic to their committee calendars rather than making formal motions at Council meetings; Planning Commission and Community Plan Advisory Board appointments shall be referred to the Planning & Development Committee; Renton Airport Advisory Board appointments shall be referred to the Transportation (Aviation) Committee; all other appointments shall be referred to the Community Services Committee. Council Liaison Medzegian opened the discussion regarding the current Council meeting schedule. There was no action requested on this matter by Council. EMERGING PERSONNEL ISSUES Human Resources / Risk Management Administrator Ellen Bradley‐Mak provided an update on the following issues: Initiative 1433 Impacts: o Temporary Staff Can now earn one hour of sick leave for every 40 hours worked. Estimating fiscal impact requires making assumptions about how employees will use sick leave. HR estimates 25% to 50% of accrued sick leave will be used. Costs will be by termination of previous General Leave program. o Regular Staff Accrual of Sick Leave under city policies and bargaining agreements more generous than new State law. Two instances where State law is more generous, however, amount of additional leave is de minimis. State definition of sick leave is more liberal than City’s definition. Portion of sick leave will be “flagged” as State sick leave and those hours will be used for sick leave that meets the State’s more liberal definition. AGENDA ITEM #6. a) February 15, 2018 COUNCIL RETREAT MEETING MINUTES There was no action requested by Council on this matter. Compensation Philosophy o What is meant by duty compensation in retirement calculation o What is considered at market, above the market or below the market? And, in comparison to other similarly situated cities, where do we want to place? o Do we consider an average of the top step of the pay range or use the median? o Who should be the City’s comparable cities and what is that based on? o Should internal equity play a role? There was no action requested by Council on this matter. LEOFF 2: Extra Duty Work o State contributes 3.5% of total gross wages to help fund pensions. o SSB 5883 Section 963 requires State to not make the State contribution when LEOFF 2 members work outside of their jurisdiction for private employers. o This creates a higher employer contribution rate. o Finance will update the rate structure for private employers to reflect the 3.5% increases in costs of LEOFF contributions, and will start billing private employers at the new rate. ACTION: Confirm whether or not employee is being reimbursed for his or her LEOFF retirement contribution; recalculate 2018 compensation rates to charge vendors for off‐duty police work. VALLEY ZONING REVIEW Community & Economic Development Administrator Vincent led a discussion regarding the current zoning and proposed rezoning of the Valley area of the City. He reviewed the many environmental issues located in the area, noting that it is difficult to develop there. He also reviewed the City of Renton v. Playtime Theaters Supreme Court Case, which was how the city was able to zone adult‐ oriented businesses to only that area of the City. He noted that new industries have moved to the area and are requesting access to quality of life businesses for people that work in the area. These would include cleaners, delis, and other retail services. He also proposed adding a residential zoning component to the area so that people could live and work in the area. He asked if this item could be referred to the Planning & Development Committee in order to review protected uses, evaluate proper future zoning, and to determine if residential uses should be allowed in the future. ACTION: Refer this item to the Planning & Development Committee TRANSIT/TRANSPORTATION Transportation Director Jim Seitz provided an overview of the two‐way street conversions occurring in downtown. He also recommended that Council consider using $2.6 million in State funds for the intersection work related to the conversion of Wells Ave S and Williams Ave S. ACTION: Council review recommendation to use $2.6 million in State funds for intersection work related to Wells Ave S and Williams Ave S; and review potential for bike and BAT lanes on S 2nd St. AGENDA ITEM #6. a) February 15, 2018 COUNCIL RETREAT MEETING MINUTES CIVIC CORE PLAN Economic Development Director Cliff Long presented a report on the City’s Civic Core plan. He noted that it was adopted in 2017, and includes improvements that will be internally coordinated with other City projects such as the one‐way street conversions, festival street concept, and the future of Piazza Park. He also discussed how the local businesses, through a downtown partnership, will be taking a larger role in cleaning up the area. ACTION: Review “quick wins” that can be implemented sooner rather than later, including queueing up items that need Council approval. MORE OF/LESS OF FROM ADMINISTRATION Chief Administrative Officer Covington opened the discussion to determine if Council would like more or less action/information from the Administration. Councilmember Persson requested that the Administration keep Council informed ahead of issues as soon as reasonably possible. Councilmember Pérez noted that sometimes members of boards and commissions are aware of issues before Council is aware. Suggestions to resolve this include informing Council of any discussions the Administration is having regarding a particular board or commission; and possibly forwarding board or commission agendas and minutes to Council. Councilmember Witschi asked if the City’s email junk mail filter could be improved; requested better follow‐up regarding Arts Commission projects; and asked if she could be provided a better explanation when legislation is rushed to be adopted. Additionally, it was requested that any information requested by one Councilmember be sent to all Councilmembers. BALANCING ECONOMIC PROMOTION AND DEVELOPMENT WITH GROWTH OF IMPACTS Community & Economic Development Administrator Vincent reviewed the City’s comprehensive plan, discussed assumed and targeted growth patterns, quality of life issues related to future and past development, the creation of the R‐6 zone as it relates to the Benson Hill Annexation, adequate public transportation, and rezone options. Discussion ensued regarding the benefits and consequences related to slowing or limiting new residential development, planning for better infrastructure to accommodate the future growth, and affordable housing options. ACTION: Consensus to consider slower growth and/or more moderate residential development targets; weigh‐in on Vision 2050 planning process; and consider ways to protect and create affordable housing in Renton. AGENDA ITEM #6. a) February 15, 2018 COUNCIL RETREAT MEETING MINUTES ADJOURNMENT The meeting adjourned at 4:00 P.M. Jason Seth, Recorder Thursday, February 15, 2018 Jason A. Seth, CMC, City Clerk AGENDA ITEM #6. a) February 16, 2018 COUNCIL RETREAT MEETING MINUTES MINUTES City Council Retreat 8:30 AM – 3:30 PM / Friday, February 16, 2018 Cedar Room, Maplewood Golf Course, 4050 Maple Valley Highway, Renton, 98057 CALL TO ORDER Council President Prince called the meeting to order at 8:30 AM. COUNCILMEMBERS PRESENT Councilmembers Present: Ed Prince, Council President Randy Corman Ryan McIrvin Armondo Pavone Ruth Pérez Don Persson Carol Ann Witschi Councilmembers Absent: None ADMINISTRATIVE STAFF PRESENT Denis Law, Mayor Jay Covington, Chief Administrative Officer Shane Moloney, City Attorney Jason Seth, City Clerk Ellen Bradley‐Mak, Human Resources / Risk Management Administrator Gregg Zimmerman, Public Works Administrator Chip Vincent, Community and Economic Development Administrator Jan Hawn, Administrative Services Administrator Kelly Beymer, Community Services Administrator Preeti Shridhar, Deputy Public Affairs Administrator Cliff Long, Economic Development Director Jim Seitz, Transportation Director Angie Mathias, Long Range Planning Manager Chief Kevin Milosevich, Police Department Deputy Chief Ed VanValey, Police Department AGENDA ITEM #6. b) February 16, 2018 COUNCIL RETREAT MEETING MINUTES BALANCING ECONOMIC PROMOTION AND DEVELOPMENT WITH GROWTH STANDARDS Community & Economic Development Administrator Vincent provided a recap of the Planned Growth discussion from the Thursday, February 15, 2018 meeting. Additionally, Mr. Vincent reviewed the following topics: Planned Growth and Comprehensive Plan Update and Development Regulations Amendments: o Councilmember Corman suggested infilling some of the underused properties in downtown with multi‐family housing; encouraging additional high tech employment in Renton; and recognizing more telecommuting in the workforce. There was no action requested on this matter by Council. Short Term Rentals o Mr. Vincent summarized the positive and negative aspects of Vacation Rentals by Owner (VRBO), AirBnB, and other short term rental issues affecting the City. He also review short term rental regulations for neighboring cities. Discussion ensued regarding parking issues, homeowner associations, multi‐generational families living in one home, and issues related to collecting the hotel/motel tax Public comment was invited on this topic: John and Marilyn Daniels, Renton, stated that they currently use AirBnB to rent out a basement apartment in their home. Mr. Daniels expressed support for the City to continue to allow this use in residential neighborhoods, as it provides an additional source of income for families on fixed incomes. He also shared the wonderful experiences he has had meeting people from around the country who share his home. ACTION: Reconsider this issue on the Planning & Development Committee work program; support the program but consider establishing standards, and consider parking, traffic, and other impacts. Growth and Public Amenities o Mr. Vincent reviewed this issue, indicating that growth has an impact on residents’ quality of life. He noted that park space is now down to 2.8 acres per 1,000 residents. He noted that a Community Advisory Committee was established to assist with prioritizing future maintenance and improvements to community facilities. There was no action requested on this matter by Council. PLANNED GROWTH – TRAFFIC CAPACITY, CONGESTION, AND DIVERSION ONTO CITY STREETS Traffic Congestion: Public Works Administrator Zimmerman reported that of the City’s 130 traffic signals, about 26 are usually congested during peak morning and afternoon commute times. He shared photographs of some of the congested intersections, and explained the impact of having commuters cut through City streets to get to I‐405. He also discussed the use of traffic calming measures to discourage commuters from cutting through neighborhoods. AGENDA ITEM #6. b) February 16, 2018 COUNCIL RETREAT MEETING MINUTES ACTION: Post “No Truck” signs on some of the pass‐through routes in town. REGIONAL TRANSPORTATION INITIATIVES Transportation Director Seitz read a report regarding transportation growth targets from the Puget Sound Regional Council (PSRC). He indicated that some outlying cities are exceeding their growth rates. Discussion ensued about grant funding, applying for additional grant funds beyond the City’s immediate needs, I‐405 toll lane issues, and parking along residential streets near new apartment buildings. ACTION: Develop a strategy to identify the next phase of improvements (BRT interchange at Park Ave N or N 8th St, or light rail connections); review parking standards in residential areas; re‐examine multi‐family parking policies; review private “optional” off‐street parking policies by private developers; and explore a Transportation Benefit District as an option. BUDGET PRIORITIES/PROJECTIONS Administrative Services Administrator Hawn reviewed the 2019/2020 Biennial Budget calendar. She indicated that some of the past projections had been too conservative and have been adjusted accordingly. She also provided an update regarding the City’s current and prospective obligations regarding the Renton Regional Fire Authority. She also noted that the City will be losing $900, 000 from annexation sales tax credits in 2018, and $1.2 million in 2019, due to the ten‐year period expiring for the Benson Hill Annexation. Concluding, she stated that Council has the options of increasing taxes, cutting services, or some combination of either. ACTION: Provide Council specific options to consider that include impacts from different levels of services in certain lines of business; Council also stated that public safety (training facility), the perception of public safety, transportation/streets, code enforcement, maintaining current infrastructure, and the appearance of community cleanliness were all priorities. Human Resources / Risk Management Administrator Bradley‐Mak reviewed the City’s current reclassification and reorganization processes. Discussion ensued regarding past practices, current practices, and the need for a committee to review department/division reorganizations. ACTION: All reclassifications and reorganizations will be reviewed by the appropriate Council Committee prior to going to the Committee of the Whole discussion during the budget process; all reclassifications will be reviewed by the Finance Committee. INCLUSION EFFORTS Deputy Public Affairs Administrator Shridhar provided an overview of the City’s inclusion and diversity efforts. She shared successes of the Mayor’s Inclusion Task Force, the Police Department’s outreach program with the Renton African American Pastors group, and the Human Resources Department’s new Inclusion Tactical Plan. There was no action requested on this matter by Council. AGENDA ITEM #6. b) February 16, 2018 COUNCIL RETREAT MEETING MINUTES HUMAN SERVICES NEEDS / VULNERABLE POPULATIONS Community Services Administrator Beymer read a report regarding the City’s current funding levels to service homelessness. She indicated that the City expends approximately $61,000 for homelessness prevention, $112,000 in grant funds to assist local shelters with housing the homeless, and another $5,000 was spent using the old Chambers building as a cold weather shelter. She also reviewed the many partnerships with local churches, counseling providers, and the county to help assist with managing homelessness. Concluding, Ms. Beymer summarized the City’s programs that assist other vulnerable populations including utility discounts for senior citizens, and code compliance support for removing homeless encampments. There was no action requested on this matter by Council. PUBLIC SAFETY LEVEL OF SERVICE Deputy Chief VanValey reviewed the police department’s efforts in increasing the perception of safety in downtown. He noted that the department’s Directed Enforcement Team (DET) had been operating at about 30‐40% due to staffing issues, but successful recruiting efforts have allowed the department to double the team’s size compared to last year. He indicated that this should have an immediate enforcement and visual impact on the downtown. Deputy Chief VanValey also noted that the department will be using social media to inform and educate the public on the team’s efforts. There was no action requested on this matter by Council. RENTON BUSINESS PLAN The current business plan was discussed. Mr. Covington indicated that any changes will be brought before the Council for adoption at a later date. There was no action requested on this matter by Council. ADJOURNMENT The meeting adjourned at 3:30 P.M. Jason Seth, Recorder Friday, February 16, 2018 Jason A. Seth, CMC, City Clerk AGENDA ITEM #6. b) March 12, 2018 REGULAR COUNCIL MEETING MINUTES MINUTES City Council Regular Meeting 7:00 PM ‐ Monday, March 12, 2018 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Pro Tem Prince called the meeting of the Renton City Council to order at 7:00 PM and invited Girl Scout Troop 44196 to present the national and state colors and lead the Pledge of Allegiance. ROLL CALL Councilmembers Present: Ed Prince, Mayor Pro Tem Randy Corman Ruth Pérez Armondo Pavone, Council President Pro Tem Carol Ann Witschi Councilmembers Absent: Don Persson Ryan McIrvin MOVED BY PAVONE, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBERS DON PERSSON AND RYAN MCIRVIN. CARRIED. ADMINISTRATIVE STAFF PRESENT Jay Covington, Chief Administrative Officer Leslie Clark, Senior Assistant City Attorney Jason Seth, City Clerk Chip Vincent, Community & Economic Development Administrator Gregg Zimmerman, Public Works Administrator Preeti Shridhar, Deputy Public Affairs Administrator Jennifer Henning, Planning Director Commander Tracy Wilkinson, Police Department AGENDA ITEM #6. c) March 12, 2018 REGULAR COUNCIL MEETING MINUTES PROCLAMATION A proclamation by Mayor Law was read declaring March 11‐17, 2018 to be Girl Scout Week in the City of Renton, and encouraging all citizens to join in this special observance. Troop Leader Tanya Taylor accepted the proclamation with appreciation. She thanked Council for allowing Girl Scout Troop 44196 to conduct the meeting's opening flag ceremony. Councilmember Witschi noted that she had once been a Girl Scout. ADMINISTRATIVE REPORT Chief Administrative Officer Jay Covington reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2018 and beyond. Items noted were: Beginning April 1, 2018, Medicare will start a year‐long project to replace all current Medicare cards for beneficiaries to convert from using social security numbers to using alphanumeric ID numbers. All new Medicare cards will come in the mail. Nothing needs to be requested. There is a current scam whereby someone claiming to be from Medicare will call to say a card is on the way but that a temporary card is needed and a fee is required for the temporary card. They will ask for personal information so they can process the temporary card. Remember: Medicare handles all communications by mail unless you call them. Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS Kara Durbin, Bellevue, Senior Local Government Affairs Representative for Puget Sound Energy (PSE), thanked Council for their ongoing attention to PSE's Energize Eastside project. She noted that PSE values Council's feedback, and she looks forward to accomplishing this project. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of March 5, 2018. Council Concur. b) AB ‐ 2097 Administrative Services Department recommended approval of an interlocal agreement with the cities of Bellevue, Everett, Lake Forest Park, Seattle, and Tacoma to join the Washington multi‐city business license and tax portal agency, d/b/a Filelocal, as a principal city, with an implementation fee of $17,000 and an annual cost of $40,000. Refer to Finance Committee. c) AB ‐ 2098 Community Services Department submitted CAG‐17‐173, Senior Center ADA Upgrade project, and recommended acceptance of the project, and approval of the final pay estimate in the amount of $8,051.12, subject to receipt of all required authorizations. Council Concur. MOVED BY PAVONE, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. AGENDA ITEM #6. c) March 12, 2018 REGULAR COUNCIL MEETING MINUTES UNFINISHED BUSINESS a) Utilities Committee Chair Witschi presented a report concurring in the staff recommendation to execute Amendment No. 2 to CAG‐15‐137 with Carollo Engineers, Inc. in the amount of $344,916 for the 2016 Long‐Range Wastewater Management Plan. MOVED BY WITSCHI, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to execute the Agreement for Legislative Services (expanded scope includes regional, state, and federal affairs), in the amount of $166,000 annually, between the City of Renton and Outcomes by Levy LLC from May 1, 2018 through December 31, 2020. MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to approve the utility leak adjustment to the Sunset Square account in the amount of $3,441.21 for the applicable sewer and King County Metro portions of the bills in accordance with City Code 8‐ 5‐23. MOVED BY PÉREZ, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. d) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to approve the utility leak adjustment to the Les Schwab account (354 Union Ave N) in the amount of $3,215.04 for the applicable water, sewer, and King County Metro portions of the bills in accordance with City Code 8‐4‐46 and 8‐5‐23. MOVED BY PÉREZ, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. e) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to authorize the Mayor and the City Clerk to execute the agreement with Hough Beck & Baird Inc. in the amount of $493,354.50 for the Phase II design of the Sunset Neighborhood Park. MOVED BY PÉREZ, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. f) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to approve the following payments: 1. Accounts Payable – total payment of $3,121,188.16 for vouchers 10061 and 363756‐ 363757, 363772‐363955; payroll benefit withholding vouchers 5750‐5760 and 363759‐ 363771; and five wire transfers. 2. Payroll – total payment of $1,375,982.34 for payroll vouchers which includes 630 direct deposits and 46 checks (February 01‐15 2018 pay period). MOVED BY PÉREZ, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #6. c) March 12, 2018 REGULAR COUNCIL MEETING MINUTES LEGISLATION Ordinance for first reading: a) Ordinance No. 5880: An ordinance was read amending Chapter 6‐32 of the Renton Municipal Code, expanding fair housing regulations prohibiting property owners and property managers from discriminating against tenants or potential tenants on the basis of participation in any federal, state or local government, private nonprofit, or other housing assistance programs, and providing for severability and establishing an effective date. Mayor Pro Tem Prince removed the ordinance from consideration and referred it to the Administration in order to reconcile it against the newly passed State law regarding this issue. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. ADJOURNMENT MOVED BY PAVONE, SECONDED BY WITSCHI, COUNCIL ADJOURN. CARRIED. TIME: 7:17 P.M. Jason A. Seth, CMC, City Clerk Jason Seth, Recorder Monday, March 12, 2018 AGENDA ITEM #6. c) CouncilCommitteeMeetingCalendarMarch12,2018March19.2018MondayCANCELLEDTransportationCommittee,ChairCorman5:00PMCommunityServicesCommittee,ChairPerez-CouncilConferenceRoom1.EmergingIssuesinCommunityServices5:30PMCommitteeoftheWhole,ChairPrince-CouncilChambers1.RegionalIssues2.WSDOT-405CorridorImprovementsUpdate3.SoundTransitUpdateonBRT-relatedProjectsinRenton4.MetroUpdateonPlannedTransitImprovementsinRentonCommunity1055SouthGradyWay,Renton,WA98057rentonwa.govAGENDA ITEM #6. c) AB - 2099 City Council Regular Meeting - 19 Mar 2018 SUBJECT/TITLE: Appointments to Renton Airport Advisory Committee RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Executive STAFF CONTACT: April Alexander, Executive Assistant EXT.: 6520 FISCAL IMPACT SUMMARY: None SUMMARY OF ACTION: Mayor Law appoints Mr. Shane Carlson to the Renton Airport Advisory Committee Airport -At-Large primary position, for an unexpired term expiring 5/7/19; and Mr. Salim Nice to the Renton Airport Advisory Committee Mercer Island Neighborhood position for an unexpired term that expires 5/7/19. EXHIBITS: A. Recommendation Memo B. Shane Carlson application C. Salim Nice application STAFF RECOMMENDATION: Confirm Mayor Law's appointments of Mr. Shane Carlson and Mr. Salim Nice to the Renton Airport Advisory Committee. AGENDA ITEM #6. d) PUBLIC WORKS DEPARTMENT M E M 0 RAN D U M DATE:Match 1,2018 TO:Denis Law,Mayor 0 FROM:Gregg ZimmermktbIic Works Administrator STAFF CONTACT:Harry Barrett Jr.,Airport Manager,x7477 SUBJECT:Recommendations for Appointments to the Renton Airport Advisory Committee The Renton Airport Advisory Committee (RAAC)currently has one primary and two alternate vacancies in the Member-at-Large position,and a vacancy in the Mercer Island position.Following an application process,including interviews by the Airport Manager and/or Committee Chair,I recommend the following applicants be appointed to the RAAC based on specific criteria the individual meets for the recommended position: Shane Carlson Position Recommendation:Member-at-Large Primary Term Expiration Date:May 7,2021 The Member-at-Large position requires that it be held by an individual with an aviation background.Mr.Carison is being recommended for this position based on his experience in the aviation industry with Northwest Seaplanes Inc.We recommend he be appointed to the Member-at-Large primary position. Salim Nice Position Recommendation:Mercer Island Primary Term Expiration Date:May 7,2021 Several communities are represented on the RAAC.In order to qualify to hold a community position on the Committee,the appointee must be a resident of the community.Mr.Nice is a resident and active member of the Mercer Island community and therefore we recommend he be appointed to the Mercer Island Primary position on the RAAC. The Renton Airport continues to accept applications for the Renton Airport Advisory Committee. cc:Jay Covington,Chief Administrative Officer Jim Seitz,Transportation Systems Director April Alexander,Executive Assistant Susan Campbell-Hehr,Airport Administrative Secretary I H:\File Sys\AIR -Airport,Transportation Services Division\O1 Administration\02 Committees\Airport Advisory\RAAC - Membership\1 —Appointments\2018 Appointments.doc AGENDA ITEM #6. d) CITY OF REN TO N APPLICATION FOR BOARDS/COMMISSIONS/COMMITTEES If you are interested in participating in local government by membership on any of the following City boards, commissions,or committees,please complete this application and return it to: Office of the Mayor City of Renton 1055 South Grady Way Renton,WA 98057 Check the boards/commissions/committees in which you are interested: AIRPORT ADVISORY COMMITTEE*Li MUNICIPAL ARTS COMMISSION* Li CIVIL SERVICE COMMISSION*Li PARKS COMMISSION* Li HISTORICAL/MUSEUM BOARD*Li PLANNING COMMISSION* Li HOUSING AUTHORITY*Li SENIOR CITIZENS ADVISORY COMMITTEE* Li HUMAN SERVICES ADVISORY COMMITTEE*Li SISTER CITY COMMITTEE -CUAUTLA Li LIBRARY ADVISORY BOARD*Li SISTER CITY COMMITTEE -NISHIWAKI *Special membership requirements apply.Visit www.rentonwa.gov or call 425-430-6500 for details. Your application will be given every consideration as vacancies occur. Salirn Nice 02/12/2018 MR.1 MS.LI NAME________________________________________DATE____________ ADDRESS 1I,h1_...... ZIP CODE :i WE ZJ ..—-—- PHONE:DAY______________________EVENING___________________EMAIL_____________________________ RENTON RESIDENT? ____________________ IF SO,SINCE WHEN? _____________________________________ CITY OF FORMER RESIDENCE B.A.Seattle University,Criminal Justice EDUCATIONAL BACKGROUND Managing Partner CTMI LLC OCCUPATION_____________________________EMPLOYER____________________________________________ Deputy Mayor for the City of Mercer Island OCCUPATIONAL BACKGROUND Arts Council,WRIA 8,Sustainability Sub-Committee, COMMUNITY ACTIVITIES (organizations/clubs/service groups,etc.)_______________________________________________________________________________ ARCH Representative,Sounds Cities -Flood Control District Appointed by Mayor Debbie Bertlin of Mercer Island REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMITTEE_______________________________________________ Yes Yes CAN ATTEND DAY MEETINGS?_______________________CAN ATTEND NIGHT MEETINGS?________________________ Applications will be kept on file for one year.If you have questions about serving on a board, commission,or committee,please feel free to contact the Mayor’s Office at 425-430-6500. 4/20/2011 AGENDA ITEM #6. d) April Alexander shanecarlson@nwseaplanes.com Monday,January 15,2018 4:40 PM April Alexander Application for boards,commissions,or committees. The following registration was submitted via the City of Renton website: Data from form “Application for Boards,commissions,or committees”was received on Monday,January 15, 2018 4:39:33 PM. Boards,commissions,committees Field Value I BoardsCommissionsCommittees lAfrport Advisory Committee* Mr. 11Shane L Carison Sender’sEmail Applicant’s phone____[..- Renton Resident? [ce Fier Residence atilBig CWU —Bachelor of Science —Business Management ati1vice President/Chief Pilot —Northwest Seaplanes,Inc. .Pilot and business manager of Northwest Seaplanes on the Renton Airport since 1997. Employer Northwest Seaplanes,Inc. ....Board of Directors —Washington Seaplanes Pilot Association —Commumty Activities 2010 to 2015 Interest in the Renton Airport and relations with theReasonscommunity. Can attend day meetings true Can attend night meetings true Email “Application for boards,commissions,or committees.”originally sent to analexander@rentonwa.gov from shanecarlson(inwseaplanes.com on Monday,January 15,2018 4:39:33 PM. From: Sent: To: Subject: 1 AGENDA ITEM #6. d) AB - 2105 City Council Regular Meeting - 19 Mar 2018 SUBJECT/TITLE: Authorization to Purchase Coban Units RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Administrative Services Department STAFF CONTACT: Mehdi Sadri, IT Director EXT.: 6886 FISCAL IMPACT SUMMARY: Information Technology has obtained a quote from COBAN Technologies for the purchase of In -Car Camera systems, to include optional Crash Sensor, for a total amount of $141,488.88. SUMMARY OF ACTION: As part of the 2017/2018 mid-biennium budget adjustment, Council approved the purchase of 58 police vehicles. We are currently in the process of equipping 25 of the vehicles. Information Technology has obtained a quote from COBAN Technologies for the purchase of In -Car Camera systems, to include optional Crash Sensor, for a total amount of $141,488.88. These systems are being purchased under the National Association of State Procurement Officials (NASPO) ValuePoint Master Agreement No. OK -MA-145-035, Washington Master Contract No. 06316 and maintain consistency with current in -car systems without additional operating environments or training. EXHIBITS: A. Issue Paper STAFF RECOMMENDATION: Authorize and sign the purchase order of 25 COBANTech In-Car Camera units to equip the Renton Police Department new vehicles in the amount of $141,488.88. AGENDA ITEM #6. e) ADMINISTRATIVE SERVICES M E M O R A N D U M DATE:March 12, 2018 TO:Ed Prince, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Jan Hawn, Administrative Services Administrator, x-6858 STAFF CONTACT:Mehdi Sadri, IT Director, x-6886 SUBJECT:Authorization to Purchase COBAN Units ISSUE Should the Council approve the purchase of 25 In-Car cameras in the amount of $141,488.88 for new Police vehicles? BACKGROUND As part of the 2017/2018 mid-biennium budget adjustment, Council approved the purchase of 58 police vehicles. We are currently in the process of equipping 25 of the vehicles. Information Technology has obtained a quote from COBAN Technologies for the purchase of In-Car Camera systems, to include optional Crash Sensor, for a total amount of $141,488.88. These systems are being purchased under the National Association of State Procurement Officials (NASPO) ValuePoint Master Agreement No. OK-MA-145-035, Washington Master Contract No. 06316 and maintain consistency with current in-car systems without additional operating environments or training. RECOMMENDATION Authorize and sign the purchase order of 25 COBANTech In-Car Camera units to equip the Renton Police Department new vehicles in the amount of $141,488.88. AGENDA ITEM #6. e) AB - 2103 City Council Regular Meeting - 19 Mar 2018 SUBJECT/TITLE: Declaration of Emergency for the NE 4th Street and Duvall Avenue NE Signal Pole Replacement RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Administration STAFF CONTACT: Eric Cutshall, Transportation Maintenance Manager EXT.: 2601 FISCAL IMPACT SUMMARY: The preliminary cost estimate for this work is $20,000. Actual repair costs will not be known until the City receives an invoice from the contractor. The work will be funded through the approved 2018 Transportation Maintenance Section Repairs and Maintenance Property Loss budget number 003.000000.016.542.95.48.050. There is sufficient funding in the budget to cover this work. SUMMARY OF ACTION: State law requires that in the event of an emergency when the person designated by the governing body declares an emergency allowing the waiver of competitive bidding requirements, a written finding of the existence of an emergency must be made by the governing body and entered into the record no later than two weeks following the award of the contract. On March 7, 2018 Mayor Law made an emergency declaration so that the competitive bidding laws could be waived to allow an immediate emergency repair of a d amaged signal pole located at the intersection of NE 4th Street and Duvall Avenue NE. The damage was caused in the early morning hours on Saturday, March 3, when a vehicle struck the pole. The damage was assessed by staff who determined it was necessary to replace it and believed the pole’s condition presented imminent danger to life and property. NE 4th Street and Duvall Avenue NE are heavily traveled major arterials through Renton and often used as bypass routes for a very congested I-405. The damage to the pole is an unforeseen circumstance beyond the control of the City that presents a real, immediate threat. The work involved under the terms of the contract include all labor, materials and equipment necessary to replace the compromised signal pole. More specific, the scope of work includes, but is not limited to the following items: 1. Disconnecting the electrical power to the existing signal pole. 2. Disassembling and salvaging useful components (signal displays, video detection equipment, pedestrian displays, Opticom and street signs to be reused). 3. Installation of new Polara push buttons to bring buttons to current standards. 4. Disposal of the damaged signal pole. 5. Supply and installation of a temporary signal pole, reusing the existing mast arm. 6. Reinstalling all salvaged signal components, including the mast arm. 7. Connecting to the power source and putting the signal pole back into operation. The City selected Prime Electric, Inc. to perform the emergency repairs. Construction began on AGENDA ITEM #6. f) March 7, 2018 and was completed on March 9, 2018. Payment to the contractor will be made based upon actual costs using the Force Account method as specified in section 1 -09.6 of the APWA/WSDOT Standard Specifications for Road, Bridge and Municipal Construction. EXHIBITS: A. Resolution STAFF RECOMMENDATION: Adopt a resolution declaring an emergency for the purpose of replacing a damaged signal pole located at the intersection of NE 4th Street and Duvall Avenue NE. AGENDA ITEM #6. f) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. ___________ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING AN EMERGENCY FOR THE PURPOSES OF REPLACING/REPAIRING TRAFFIC SIGNAL POLE ON NE 4TH STREET AND DUVALL AVENUE NE. WHEREAS, the City of Renton owns, operates and maintains the traffic signal pole on NE 4th Street and Duvall Avenue NE in the City of Renton; and WHEREAS, on or about March 3, 2018, the traffic signal pole was struck by a vehicle, and heavily damaged and in need of an immediate repair/replacement; if immediate action is not taken, it may result in further material loss or damage to property, bodily injury or loss of life; and WHEREAS, on March 7, 2018, the Mayor declared an emergency, attached hereto as Exhibit A, pursuant to the provisions of RCW 39.04.280 and Renton Policy and Procedure Manual 250‐02, paragraph 6.10.3, to authorize Gregg Zimmerman, Public Works Administrator, to waive competitive bidding requirements and to award all necessary contracts to address the emergency for the repair/replacement of said traffic signal pole; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are adopted as findings. SECTION II. An emergency did exist at the time of the declaration of emergency by Mayor Denis Law. By these written recitals and findings, the City Council does hereby ratify and approve the Mayor’s emergency declaration, attached hereto as Exhibit A, to waive competitive bidding AGENDA ITEM #6. f) RESOLUTION NO. ________ 2 requirements and to award all necessary contracts to address the emergency for the repair of the aforesaid traffic signal pole on NE 4th Street and Duval Avenue NE. PASSED BY THE CITY COUNCIL this ______ day of ___________________, 2018. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2018. ______________________________ Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ______________ RES:1762:3/8/18:scr AGENDA ITEM #6. f) RESOLUTION NO. ________ 3 EXHIBIT A AGENDA ITEM #6. f) AB - 2100 City Council Regular Meeting - 19 Mar 2018 SUBJECT/TITLE: Authorization to Purchase a Caterpillar 938M Wheel Loader RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Administration STAFF CONTACT: Ron Kahler, Fleet Maintenance Manager EXT.: 2660 FISCAL IMPACT SUMMARY: The Fleet Maintenance Section obtained a quote for the purchase of a Caterpillar 938M wheel loader. The total amount of the quote is $174,350, including applicable sales tax. Also reflected in this quote is a trade-in discount of $28,500 and a dealer discount of $3,714. The quote is less than the total budgeted amount of $175,000. The purchase of this replacement equipment is included in the Council approved Equipment Rental Fund 501 Vehicle Replacement and Acquisition Schedule as part of the 2017-2018 biennium budget. The equipment will be purchased from NC Machinery using state bid contract number NJPA 032515 -CAT. SUMMARY OF ACTION: As part of the 2017-2018 biennium budget, Council approved the Equipment Rental Fund 501 Vehicle Replacement and Acquisition Schedule on November 14, 2016. The Fleet Maintenance Section has solicited a quote for the purchase of a Caterpillar 938M wheel loader. The wheel loader will be used by the Public Works Street Maintenance Section and replaces an 18 year old loader. This request is to authorize the purchase of the wheel loader. Existing Vehicle Year Purchased Replacement Make & Model Replacement Cost Vendor & State Contract Bid Number CTPL 924G #E104 2000 Caterpillar 938M Wheel Loader $174,350 NJPA 032515-CAT EXHIBITS: A. NC Machinery Quote #195065-01 STAFF RECOMMENDATION: Authorize the purchase of a Caterpillar 938M wheel loader. This piece of equipment is quoted at $174,350, which is less than the original budgeted amount of $175,000. The purchase of this replacement equipment is included in the Council approved Equipment Rental Fund 501 Vehicle Replacement and Acquisition Schedule as part of the 2017-2018 biennium budget. The equipment will be purchased from NC Machinery using state bid contract number NJPA 032515-CAT. AGENDA ITEM #6. g) Quote 195065-01 Page 1 of 2 March 6th, 2018 CITY OF RENTON PUBLIC WORKS MAINTENANCE RENTON, Washington 98056-4192 Attention: RON KAHLER RE: Quote 195065-01/NJPA Contract#032515-CAT Dear Ron Kahler, We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration. One (1) New Caterpillar Model: 938M Wheel Loader with all standard equipment in addition to the additional specifications listed below: STANDARD EQUIPMENT POWERTRAIN - Axle seal guards - Auto idle shut down feature - Cat C7.1ACERT engine - -Power modes (standard and performance) - -Power by range (high power in range 4) - -Tier 4 Final/Stage IV compliant - -Turbocharged and aftercooler - -Filtered crankcase breather - -Diesel particulate filter - -Selective Catalyst Reduction - Coolant protection to -34C (-29F) - Differential lock in front axle - Dry type air cleaner - Enclosed wet disc full hydraulic brakes - Fuel priming pump, automatic - Fuel water separator - Hydraulically driven demand cooling fan - Hydrostatic transmission with electronic - control - -Operator modes (default, TC, hystat and - ice) - -Directional shift aggressiveness (fast, - medium, slow) - -Rim pull control, adjust wheel torque - -Creeper control, adjust ground speed - Lubed for life driveshaft’s - Parking brake, electric - Single plane cooling package wide 6 fins - per inch density - S-O-S port, engine, coolant, transmission - oil - HYDRAULICS - Automatic lift and bucket kick outs, - adjustable in-cab - Bucket and fork modes, adjustable in-cab - Cylinder damping at kick out and - mechanical end stops - Fine mode control (fast, medium, slow) - in fork mode - Hydraulic response setting (fast, - medium, slow) - Hydraulic diagnostic connectors and - S-O-S ports - Hydraulic sight gauge, visible - Load sensing hydraulics and steering - Seat mounted hydraulic joystick controls ELECTRICAL - Alternator, 115-amp, heavy duty - 12V power supply in cab (2) - Batteries, 1,000 CCA (2) 24 volt system, - disconnect switch - Back up alarm - Emergency shutdown switch - LED rear stop and turn lights - Heavy duty gear reduction starter - Product Link - Remote jump start post - Resettable main and critical function - breakers - Roading lights front and rear - OPERATOR ENVIRONMENT - 75 mm (3 in) retractable seatbelt - Automatic temperature control - Cab, enclosed ROPS/FOPS pressurized - and sound suppressed - Cup holders - External heated mirrors with lower - parabolic - Ground level cab door release - Gauges - -Digital hour meter, odometer and - tachometer - -Digital ground speedometer and - direction indicator - -Engine coolant temperature gauge - -Fuel and diesel exhaust fluid level - indicator - -Hydraulic oil temperature gauge - Hydraulic control lockout - Interior cab lighting, door and dome - Interior rearview mirrors (2) - Lunch box storage - Operator warning system indicators - Radio ready speakers - Rear window defrost, electric - Seat mounted electronic implement - controls, adjustable - Sliding glass on the side windows - Column mounted multi-function control - -lights, wipers, turn signal - Suspension seat, fabric - Tilt and telescope steering wheel - Tinted front glass - Wet arm wiper/washer, 2-speed and - intermittent, front - Wet arm wiper washer, rear - OTHER STANDARD EQUIPMENT - Large-access enclosure doors with - adjustable close/open force - Parallel lift loader linkage - Recovery hitch with pin - Remote mounted lubrication points - Vandalism protection- - lockable compartments - AGENDA ITEM #6. g) Quote 195065-01 Page 2 of 2 MACHINE SPECIFICATIONS 938M WHEEL LOADER COUNTERWEIGHT, STANDARD HYD,3V,COUPLER READY,STD LIFT TOOLBOX AUX, NONE STEERING, SECONDARY KIT,SERIALIZED TECHNICAL MEDIA DIFFERENTIAL, OPEN REAR RIDE CONTROL ENVIRONMENT, STANDARD CAMERA, REAR VIEW WEATHER, COLD START 120V WARNING, BEACON, LED STROBE ENGINE AR QUICK COUPLER, FUSION CAB, DELUXE JUMPER LINES, 3RD FUNCTION SEAT, STANDARD ANTIFREEZE, -50C (-58F) LIGHTS, STD HALOGEN CERTIFICATE OF ORIGIN, ENGLISH RADIO, READY TIRES, 20.5R25 TI MXL * L3 PRODUCT LINK, CELLULAR PL641 BUCKET, GP, 3.5YD3, FUS, BOCE FENDERS, STANDARD RADIO, BLUETOOTH, AUX, MIC TRADE-INS Model Make Serial Number Year Trade Value 924G CATERPILLAR (AA) 9SW00647 2000 $28,500 ORIGINAL SELL PRICE TRADE VALUE DEALER DISCOUNT $190,714 ($28,500) ($3,714) SELL PRICE $187,000.00 LESS GROSS TRADE ALLOWANCE ($28,500.00) NET BALANCE DUE $158,500.00 SALES TAX (10%) $15,850.00 BALANCE $174,350.00 Warranty: 1 Year/Unlimited Hour Equipment Protection Plan F.O.B/TERMS: Renton ADDTITIONAL CONSIDERATIONS Delivery is 4-6 weeks. We have (1) 938M unit available with these specs. Unit can be 20+ weeks i f not available on the ground at the dealership. Accepted by___________________________________ on ____________________ ______________________________ Signature We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 30 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me. Sincerely, Tim Foley Machine Sales Representative TFoley@NCMachinery.com AGENDA ITEM #6. g) AB - 2101 City Council Regular Meeting - 19 Mar 2018 SUBJECT/TITLE: Agreement for 2018 Comprehensive Rate Study and Recommendation for System Development Charges for the Water, Wastewater, and Surface Water Utilities RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Utility Systems Division STAFF CONTACT: Lys Hornsby, Utility Systems Director EXT.: 7239 FISCAL IMPACT SUMMARY: Funding for this agreement in the amount of $114,719 will be split equally between the three piped utiliti es and is available from the approved 2018 Professional Services budgets for the Water Utility (405.000000.018.534.10.41.000), Wastewater Utility (406.000000.018.535.10.41.000) and Surface Water Utility (407.000000.018.531.31.41.000). There is sufficient funding in the combined budgets to cover this agreement. SUMMARY OF ACTION: The Utility Systems Division needs to perform a comprehensive rate study including updating the rate model, system development charges and cost of service. The comprehensive rate study will analyze rates needed to fund the piped utilities operating and capital programs, along with new program needs. Harris & Associates, Inc. will develop a multi-year revenue forecast for the Water, Wastewater and Surface Water utilities to determine annual rate revenue needs to fund capital programs, operating and maintenance costs, fiscal policy achievement, and other financial obligations of each utility. This will include a review of our current financial policies, capital funding strat egies, operating forecasts, cost of service and revenue needs assessment. Under this agreement, the consultant will also evaluate and make recommendations regarding the wholesale water rate, residential water usage tiers, non-single family sewer base charge versus usage charge and potential additional categories for surface water customers. The consultant will also review methodologies and calculate the system development charges for all three piped utilities. Harris & Associates, Inc. was selected through the Request for Proposals procedure for consultant services per City Policy #250-02, and chosen based on their proposed approach to the rate study and their experience. EXHIBITS: A. Agreement STAFF RECOMMENDATION: Execute the agreement with Harris & Associates, Inc. in the amount of $114,719 for the 2018 Comprehensive Rate Study and Recommendation for System Development Charges for the Water, Wastewater and Surface Water Utilities. AGENDA ITEM #6. h) AGREEMENT FOR 2018 COMPREHENSIVE RATE STUDY AND RECOMMENDATION FOR SYSTEM DEVELOPMENT CHARGES FOR WATER, WASTEWATER, AND SURFACE WATER UTILITIES THIS AGREEMENT, dated March 7, 2018, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Harris & Associates, Inc. (“Consultant”), a California corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide consultant services as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit B or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit C. All Work shall be performed by no later than November 30, 2018. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $114,719, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form AGENDA ITEM #6. h) PAGE 2 OF 10 specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. AGENDA ITEM #6. h) PAGE 3 OF 10 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. AGENDA ITEM #6. h) PAGE 4 OF 10 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons AGENDA ITEM #6. h) PAGE 5 OF 10 or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://rentonwa.gov/business/default.aspx?id=548&mid=328. Information regarding State business licensing requirements can be found at: http://dor.wa.gov/content/doingbusiness/registermybusiness/ 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. AGENDA ITEM #6. h) PAGE 6 OF 10 C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. AGENDA ITEM #6. h) PAGE 7 OF 10 CITY OF RENTON Teresa Phelan 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7332 tphelan@rentonwa.gov Fax: (425) 430-7241 CONSULTANT Karyn Johnson 207 ½ 1st Avenue S, Suite 250 Seattle, WA 98104 Phone: (206) 455-8862 karyn.johnson@WeAreHarris.com 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. AGENDA ITEM #6. h) PAGE 8 OF 10 B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Teresa Phelan. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the AGENDA ITEM #6. h) PAGE 9 OF 10 body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. AGENDA ITEM #6. h) PAGE 10 OF 10 M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Denis Law Mayor Ann Miyahira Hajnosz, PE Senior Director _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form _____________________________ Shane Moloney Renton City Attorney Contract Template Updated 12/29/2017 AGENDA ITEM #6. h) 1 of 7 EXHIBIT A – SCOPE OF WORK The following Scope of Work identifies the tasks that Harris & Associates will perform for the City of Renton’s Water, Wastewater and Surface Water Rate and SDC Study. Task 000 | Project Management Perform administrative / management procedures for efficient study performance. The work plan and schedule will be reviewed at the initial study meeting, with a final schedule of study milestones agreed upon. Wit h o ur monthly invoicing, our Project Manager will deliver written progress reports describing recent and forthcoming efforts, potential challenges and/or needs from the City, and a status of the study progress, schedule and budget adherence. We will stay in regular contact with Cit y’s project manager to address any issues as they arise. Task 100 | Initial Project Meeting Participate in an initial project meeting with City staff to discuss study objectives, any issues and concerns of the City or Consultant Team, and to clarify communication protocols. In particular, we will use this session to review financial policies, discuss potential modifications to utility rate structures, and clarify the study communication process. Prior to this meeting, we will submit a data request identifying the information needed for the study. Task 200 | Data Collection and Validation Provide a data request list identifying financial and operational documents, and customer data pertinent to the performance of the study. For optimal efficiency, we envision a single primary data collection effort combining the data collection elements for all study tasks. However due to the City’s need for an early preliminary rate run, there will need to be an initial data collection effort with some of the data needing to be replaced at a later date by the final numbers. We will review, analyze, and validate such information as necessary for use in formulating the technical analyses. An onsite data review meeting will be held if necessary to ensure mutual understanding of data to be used in the analyses. Task 300 – Prepare Rate Study Task 310 | Determine Revenue Requirements Develop a multi-year revenue requirement forecast for the water, wastewater, and surface water utilities to determine annual ra te revenue needs to fund capital programs, operating and maintenance costs, fiscal policy achievement, and other financial obligations of each utility over the study period. The planning horizon will span the 20-year period 2019 – 2039, with a focus on nea r-term rate adjustment strategies. a | Financial Policies Review – Conduct a policy evaluation to determine existing practices which should be maintained and explore alternative practices that might further City goals in funding utility obligations. This task will begin with a high-level historical fiscal heath review to use as a baseline for policy development. A comparison of these policies to industry standards can help provide context in determining whether there are possible enhancements. Consistent with the City’s current Policy Framework, we will address financial performance, reserve policies, infrastructure replacement funding, and debt management. We will evaluate the need for each reserve or policy, the basis for any minimum reserve targets, and the financial impacts for establishing any new or revised policies. Sensitivity analyses will be performed to assess customer impacts and revenue risk for all policy implications. AGENDA ITEM #6. h) 2 of 7 b | Capital Funding Strategy – Review the current water, wastewater, and surface water capital plans, and discuss with City staff needed additions or changes for this study. We will incorporate annual capital projects and associated costs and escalate those costs to year of anticipated construction. We will then design capital funding strategies intended to feasibly execute the capital programs with relatively level rate impacts. We will evaluate an appropriate combination of resources from cash reserves, SDC s/SAD revenues , capital contributions from rates, and debt to remain within industry standards and policy objectives for debt ratios and coverage. Unique funding strategies will be developed for each utility, likely resulting in a different mix of proposed funding sources for each. Resulting debt service/coverage and other rate requirements for capital funding will be identified for the planning period. Financial impacts of executing the capital programs are often a major driver of utility rate increases. As such, we structure the capital funding analysis to allow for alternative priority and scheduling of projects to evaluate rate changes under different project costs timing, and funding options. In addition, we will continue the City’s historical practice of incorporating a CIP realization factor, based on a multi-year review of historical capital expenditures. This will allow the City to more closely align each utility’s actual execution of the planned capital program with the resources necessary to fund the projects. c | Operating Forecast – Forecast operating and maintenance costs of the water , wastewater, and surface water systems over the study period. Prevailing operating budgets and line-item detail will form the baseline for this forecast. We will then incorporate any additional O&M expenses for known or anticipated changes in operational or administrative requirements such as regulatory impacts, additional staffing, deferred maintenance and new or enhanced program initiatives. Economic factors will be applied for cost escalation and the City’s growth and demand assumptions. d | Wholesale Rate Review – Review the Wholesale Water Rates analysis completed in 2015 and update the wholesale water rates for 2019 and 2020. We will incorporate inflationary adjustments for future year cost projection purposes. e | Revenue Needs Assessment – Integrate selected financial policies, existing debt service, capital funding impacts, and the operating forecast to develop an operating cash flow for the water, wastewater, and surface water utilities over the study period. Compare projected requirements against projected revenue under existing rates to determine annual adjustments needed to provide financial sustainability over time. Develop a multi-year rate adjustment strategy for each utility that provides level rate impacts to the extent practical. Sensitivity analyses will be performed to evaluate the impact of alternative capital funding strategies and other input parameters as appropriate. Major cost drivers will be summarized for each utility. Combined water, wastewater, and surface water rate impacts will affect individual customers differently. Rate strategies will be developed considering stagger ed rate increases between water , wastewater, and surface water and testing the individual and combined customer bill impacts. Additionally, we will create a baseline scenario for each utility that applies the current level of SDCs to estimated growth, which can then be compared against results using the updated calculation of charges . This will inform decision makers of the impacts to existing customers if growth-related charges are not adjusted to the maximum a llowable level. Task 320 | Cost of Service Analysis Conduct the technical analyses necessary to provide a rational basis for allocating utility system costs, assigning cost shares to customer classes, and recommending rate structures consistent with generally accepted cost-of-service methods and City goals for pricing of utility services. The objective is to determine if AGENDA ITEM #6. h) 3 of 7 current customer classes fairly apportion the expenses of the utilities and, if not, what changes are recommended to enhance customer equity. a | Customer Data Analysis and Profile – Develop a profile of the existing water, wastewater, and surface water customer bases by reconciling historical customer billing system data with actual reported data for each utility. The purpose of this exercise is to calibrate customer statistics so that they generate the correct amount of revenue when the corresponding rate structure is applied. To address the variable nature of water and sewer rates, it is important to evaluate a multi-year trend to mitigate revenue risks associated with variances in usage patterns due to economic cycles, weather, and conservation initiatives. We will evaluate three years of consumption data to determine a “normal year ”usage profile for projecting future water demands. The calibrated statistics will be adjusted for projected customer growth and demand normalization to form the basis for allocating costs to customer classes and designing water and sewer rates. This task will include a detailed analysis of residential winter period water usage for calculation of volume-based sewer rates. b | Functional Allocation – Determine appropriate cost allocation factors and assign system assets and revenues requirements to functions of service as described below: • Water functional components will include customer (accounts and meter size), base demand (average use), peak demand, and fire protection. • Wastewater functional components will include customer and flow components. Treatment is provided by King County Metro. • Surface water cost allocations are typically less complicated than for water and wastewater. A simplified allocation of costs between “base” and “use” components is generally adequate for purposes of establishing credit policies for onsite mitigation. Further parameters may be warranted to address the City’s interest in evaluating additional tiers to the existing graduated/multi-tiered rate structure. c | Customer Class Distribution – Allocate the costs assigned to each function of service to customer classes using the customer base profile developed in Task 320(a) and allocation parameters from Task 320(b). Water classes include: single family and multi-family residential, commercial and industrial, private landscape irrigation, City landscape irrigation, low income and disabled person, and fire protection meters. Wastewater classes include: single family and multi-family residential and commercial/industry. Surface water classes include single family and non-single family (comprised of commercial properties, gravel pits and City streets). We do not anticipate the need to revise water and wastewater utility customer classes in order to achieve the City’s equity and pricing goals. Modifications to the surface water level of intensity categories will be considered. We will summarize the resulting cost of service by customer class and compare to existing revenue recovery to determine potential shifts between customer classes. In addition, we will summarize average unit costs by customer class both for existing distribution and cost of service distribution. Average unit costs are derived by dividing the revenues by the usage for each class, and are helpful in communicating potential shifts in customer class cost recovery, prior to establishing the actual fixed and variable rate components. d | Unit Costs of Service Development – Derive unit cost of service by functional component to serve as the building blocks for alternative rate structure designs. This exercise will include identification of the costs for appropriate recovery between the fixed and variable rate components to balance revenue stability, efficiency of use, and affordability. AGENDA ITEM #6. h) 4 of 7 Task 330 | Rate Structure Design Evaluate the performance of existing water , wastewater, and surface water rate structures and develop alternative structures that might better address long-term utility needs and customer concerns. Preliminary rate structure options will be identified during the initial project meeting and further vetted fol lowing the cost of service analysis. a | Alternative Rate Structure Evaluation – Review and evaluate the existing utility rate structures as a baseline for comparing recommended alternatives. Design up to three (3) alternative rate schedules by customer class for each utility that incorporate proposed rate revenue increases, cost of service findings, and desired changes to pricing strategies for each system. At a minimum, we will evaluate: • An appropriate reduction in the water base charge between the 3/4-inch meter and 1-inch meter • P otential modifications/ additions to residential water usage tiers to address affordability issues, such as developing a lifeline block, and to incentivize conservation, such as enhancing top tier and irrigation pricing signals • Evaluate sewer non-single family rate breakdown of base charge versus usage charge • Adding additional graduated/multi -tier categories for non-single family surface water customers • Options for calculating surface water total area and total impervious area, and effect on customer accounts and the net change to rate revenue • Outside City rates will be calculated applying the City existing rate multiplier We will evaluate and demonstrate the ability of the proposed rates to generate the projected and required revenues by testing rates against composite system customer demand. Further, we will identify the portion of revenues that are anticipated to be collected from the fixed and variable rate components. Prepare implementation and rate management policies and procedures as needed. b | Sample Customer Bill Impacts – For each rate structure alternative, we will analyze the potential rate impacts for each customer, and in summary by customer class, based on historical usage patterns and service attributes. Resulting sample bills will be compared against existing customer bills and a selection of up to six (6) comparable jurisdictions. Task 400 – Update System Development Charges Review methodologies and calculate updated water, wastewater, and surface water SDCS based on existing capacity and eligible capital projects for the two-year period 2019-2020, consistent with the City’s biennial SDC update cycle. a | Review Existing Methodologies –Evaluate the nexus and effectiveness of the City’s existing SDC methodologies and charge structures with current and projected demands. The City’s current SDC methodology incorporates existing system facilities costs and associated capacity and eligible capital projects / capacity scheduled for execution within the upcoming two-year planning cycle. In addition to the 2- year calculation, we will prepare scenarios that incorporate capital projects / capacity for 4 years, 6 years, and 10-years. b | Determine Existing and Future Cost Basis of Systems –Determine the cost of each system’s existing infrastructure and corresponding capacity. For each scenario, we will evaluate the capital improvements within the planning periods for upgrade/expansion of the existing system capacities to be added to the cost of the existing system along with any change in capacity resulting from those improvements. AGENDA ITEM #6. h) 5 of 7 c | Determine Equivalent Units of Service – Determine equivalent units of demand for each system both in terms of the existing customer base and growth expected to benefit from the capital improvement projects included for the 2-year, 4-year, 6-year, and 10-year scenarios. d | Calculate SDCs – Calculate cost-based SDCs for each systems for each scenario, taking into consideration any necessary adjustments for outstanding debt, contributed facilities, or contractual obligations. Prepare implementation and fee management policies and procedures as needed. Task 500 – Attend and Facilitate Meetings Prepare for and facilitate the following meetings: a | Interim Review Meetings – Anticipate up to four (4) events, onsite and virtual as agenda warrants, to review interim study progress with varying groups of utility staff and management. It is possible that these meetings will be a combination of findings reviews and working sessions with City staff where our Project Manager will run hands -on modeling of “what if” revenue requirement scenarios to assist the City in evaluating a multitude of varying cost impacts and multi-year rate adjustment strategies. Summarize action and direction and submit to the City’s project manager after each event. b | Committee / Council Meetings – At the City’s discretion, we will attend one (1) meeting with City Council and /or committee members to review study outcomes and recommendations. c. | Model Tra ining – Conduct a half-day onsite training session with City staff to review model inputs and functionality for updating the revenue requirement portion of the rate model. Provide individualized hands - on training and phone consultations as requested. d. | Presentation Materials – Prepare and submit summary materials, presentations, and agendas to the City’s project manager in advance of each meeting to enable efficient and effective communication. Materials will be tailored to the specific audience of each meeting. Task 600 – Prepare Reports / Documentation and Study Deliverables Provide the City with thorough documentation of study results, including written reports / documentation, and electronic rate and SDC models. a | Draft Report – Author a draft report summarizing data sources, assumptions, methodologies, findings, recommendations and supporting data. Reports will include a combination of narrative, tabular, and graphical representation of results. b | Final Report – Revise the draft report based on City comments and submit a final report. c | User Guide – Prepare an easy to follow user guide for in-house updates of the revenue requirement portion of the rate model. d | Study Deliverables – Provide the following deliverables to the City: • Electronic and/or five (5) bound copies of draft and final reports • Electronic copy of updated rate and SDC models (Excel) • Electronic copy of revenue requirement portion of model for future City updates (Excel) • Electronic and five (5) hardcopy of revenue requirement user guide (Word) AGENDA ITEM #6. h) 6 of 7 EXHIBIT B – COMPENSATION The exhibit below presents estimated hours by task by professional, hourly billing rates, and fees for the Scope of Work described in Exhibit A. Harris & Associates Carollo Total Karyn Johnson Ann Hajnosz Diana Sheng Admin Lara Kammereck Hourly Billing Rate $220 $250 $125 $50 $244 Task 000 Project Management Mananagment and Administration 18.00 3.00 - 1.50 1.50 $5,150 Subtotal Hours =18.00 3.00 - 1.50 1.50 24.00 Subtotal Labor ($) =$3,960 $750 $0 $75 $365 $5,150 Task 100 Initial Project Meeting Initial Project Meeting 3.00 3.00 - - 3.00 $2,141 Subtotal Hours =3.00 3.00 - - 3.00 9.00 Subtotal Labor ($) =$660 $750 $0 $0 $731 $2,141 Task 200 Data Collection and Validation Data Collection and Validation 6.00 - 20.00 - 2.00 $4,307 Subtotal Hours =6.00 - 20.00 - 2.00 28.00 Subtotal Labor ($) =$1,320 $0 $2,500 $0 $487 $4,307 Task 300 Prepare Rate Study 310 Revenue Requirements 48.00 6.00 120.00 - 8.00 $29,009 320 Cost of Service Analysis 32.00 6.00 90.00 - 4.00 $20,764 330 Rate Desisgn 32.00 6.00 72.00 - - $17,540 Subtotal Hours =112.00 18.00 282.00 - 12.00 424.00 Subtotal Labor ($) =$24,640 $4,500 $35,250 $0 $2,923 $67,313 Task 400 Update SDCs Update SDCs 26.00 3.00 64.00 - 6.00 $15,932 Subtotal Hours =26.00 3.00 64.00 - 6.00 99.00 Subtotal Labor ($) =$5,720 $750 $8,000 $0 $1,462 $15,932 Task 500 Attend and Faciliate Meeting Attend and Faciliate Meeting 19.00 2.00 8.00 - 2.00 $6,167 Subtotal Hours =19.00 2.00 8.00 - 2.00 31.00 Subtotal Labor ($) =$4,180 $500 $1,000 $0 $487 $6,167 Task 600 Prepare Reports and Study Deliverables Prepare Reports and Study Deliverables 32.00 6.00 40.00 - - $13,540 Subtotal Labor ($) =32.00 6.00 40.00 - - 78 Subtotal Labor ($) =$7,040 $1,500 $5,000 $0 $0 $13,540 Total Hours by Classification =216.00 35.00 414.00 1.50 26.50 693.00 Mileage Expense ($.545/mile)$169 $114,719 AGENDA ITEM #6. h) 7 of 7 EXHIBIT C – SCHEDULE The exhibit below presents the schedule for completion of major task milestones. Week Ending:2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28 Task 000: Project Management Task 100 Initial Project Meeting Task 200 Data Collection and Validation Task 300 Prepare Rate Study Task 310| Determine Revenue Requirements Task 320| Cost of Service Analysis Task 330| Rate Structure Design Task 400 Update System Development Charges Task 500 Attend and Facilitate Meetings Task a| Interim Reviews Task b| Committee/Council Meeting (TBD) Task c| Model Training Task 600 Prepare Reports / Study Deliverables Task a| Draft Report Task b| Final Report Task c| User Guide DRAFT FINAL DRAFT FINAL FINAL August September DRAFT FINAL DRAFT March April May June July AGENDA ITEM #6. h) AB - 2102 City Council Regular Meeting - 19 Mar 2018 SUBJECT/TITLE: Agreement with GeoEngineers, Inc. for Cedar River Maintenance Dredge Project Construction Documentation and Mitigation Monitoring RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Utility Systems Division STAFF CONTACT: Joseph Farah, Surface Water Utility Engineer EXT.: 7205 FISCAL IMPACT SUMMARY: The Cedar River Gravel Removal Project (427.475193) and all subsequent post -dredging mitigation work is entirely funded by the King County Flood Control District Capital Improvement Project budget ($13,171,131), per Addendum #1-16 to CAG-13-009. The adjusted 2018 project budget, with proposed 2017 carry forward budget adjustment, is $3,197,816. There is sufficient funding in the 2018 Surface Water Utility Capital Improvement Program budget for the agreement. SUMMARY OF ACTION: Environmental permits issued by the Army Corps of Engineers, Washington Department of Fish & Wildlife, and Washington Department of Ecology for the 2016 Cedar River Maintenance Dredge Project (NWS-2013-0804) required the City to implement multiple mitigation measures for the environmental impacts caused by dredging activity to fish that spawn in the river, and to perform monitoring and report ing for a 10-year period (2016-2026). Such measures include mitigation planting and monitoring, monitoring of substrate, flow depth, and velocity within the Elliot and Royal Hills spawning channels and fish use in the Elliot and Royal Hills spawning channels to verify project impacts meet mitigation performance standards and mitigation requirements. Under this agreement, GeoEngineers, Inc. will support the City with post -construction monitoring and documentation along the Cedar River main channel, and the Elliot and Royal Hills side channels, from post- dredge year 2 through post-dredge year 7 (calendar years 2018-2023). Tasks under this agreement include: • Vegetation health monitoring and documentation. • Vegetation maintenance support to the City and its contractor. • Monitoring of substrate, flow depth, and velocity in the spawning channels. • Fish surveys. • State agency coordination and preparation of annual monitoring reports. EXHIBITS: A. Agreement STAFF RECOMMENDATION: AGENDA ITEM #6. i) Authorize the Mayor and City Clerk to execute the agreement with GeoEngineers, Inc. in the amount of $963,864 for post-construction documentation and mitigation monitoring for the Cedar River Maintenance Dredge Project. AGENDA ITEM #6. i) AGREEMENT FOR CEDAR RIVER MAINTENANCE DREDGE PROJECT POST CONSTRUCTION DOCUMENTATION AND MITIGATION MONITORING CAG-18-____ THIS AGREEMENT, dated March 8, 2018, is by and between the City of Renton (the “City”), a Washington municipal corporation, and GeoEngineers, Inc. (“Consultant”), a Washington Corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide post-construction mitigation monitoring and documentation for the Cedar River Maintenance Dredge Project as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than June 30, 2024. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $963,864, plus any applicable state and local sales taxes. Compensation shall be paid as a flat rate fixed sum based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. AGENDA ITEM #6. i) PAGE 2 OF 10 B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by AGENDA ITEM #6. i) PAGE 3 OF 10 the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Standard of Care And Right To Use Work Product: Consultant represents that Consultant will perform all Work identified in this Agreement in a professional manner in accordance with the professional standard of care and applicable and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bride and Municipal Construction). Professional engineers shall sign and stamp / certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non-exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive AGENDA ITEM #6. i) PAGE 4 OF 10 records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. AGENDA ITEM #6. i) PAGE 5 OF 10 Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://rentonwa.gov/business/default.aspx?id=548&mid=328. Information regarding State business licensing requirements can be found at: http://dor.wa.gov/content/doingbusiness/registermybusiness/ 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per “claims AGENDA ITEM #6. i) PAGE 6 OF 10 made.” "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following AGENDA ITEM #6. i) PAGE 7 OF 10 transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Joseph Farah 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7205 jfarah@rentonwa.gov Fax: (425) 430-7205 CONSULTANT Joseph Callaghan, PWS 1101 Fawcett Avenue, Suite 200 Tacoma, WA 98402 Phone: (253) 383-4940 jcallaghan@geoengineers.com Fax: (253) 383-4923 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. AGENDA ITEM #6. i) PAGE 8 OF 10 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Joseph Farah, Surface Water Utility Engineer. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant AGENDA ITEM #6. i) PAGE 9 OF 10 prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, AGENDA ITEM #6. i) PAGE 10 OF 10 successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Denis Law Mayor Joseph Callaghan, PWS Associate-in-Charge _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form _____________________________ Shane Moloney Renton City Attorney Nonstandard contract CLB 2-22-18 AGENDA ITEM #6. i) 1101 South Fawcett Avenue, Suite 200 Tacoma, Washington 98402 253.383.4940 February 19, 2018 City of Renton Public Works – Surface Water Utility 1055 South Grady Way – 5th Floor Renton, Washington 98057 Attention: Joseph Farah, PE Subject: Revised Proposal, Version 4 Post-Construction Mitigation Monitoring Services Monitoring Years 2 through 7 Cedar River Maintenance Dredging Project Renton, Washington File No. 00693-073-04 INTRODUCTION Thank you for requesting this proposal from GeoEngineers, Inc. (GeoEngineers) to support the City of Renton (City) with post-construction monitoring and documentation, and landscaping corrective action design, for the Cedar River Maintenance Dredging Project. We understand that the City is requesting consulting services to complete biological components of the required mitigation monitoring for Years 2 through 7, following completion of the dredging, as required in the project Mitigation Plan and environmental permits from the U.S. Army Corps of Engineers (USACE), Washington Department of Fish & Wildlife (WDFW) and Washington State Department of Ecology. GeoEngineers previously completed baseline assessments, mitigation planning, permitting support and post-construction as-built documentation and the first year of monitoring for the project. We are, therefore, well-versed in the permit requirements and mitigation commitments that have been made. We appreciate your continued trust in us to provide ongoing biological support and look forward to continuing to work with you on this important project. SCOPE OF SERVICES The purposes of our proposed services are to provide the required mitigation monitoring and corrective actions associated with environmental commitments required by the USACE Standard Individual Permit #NWS-2013-0804 dated May 20, 2016, which references the Mitigation Plan dated May 3, 2016 and the WDFW Mitigation Agreement dated March 22, 2016. These permits require a formal monitoring program for 10 years following completion of the dredging project. The scope of services presented below is based on our understanding of the permit requirements as well as our discussions with you on June 23 and Exhibit A AGENDA ITEM #6. i) City of Renton | February 19, 2018 Page 2 File No. 00693-073-04 September 7, 2017, during which we addressed how GeoEngineers can best meet the City’s objectives. GeoEngineers is currently under contract with the City to provide the first year of monitoring (2017, identified as Year 1). The following scope of services address continued monitoring during Years 2 through 7. Additional monitoring for Years 8 through 10, as required by the permits, could be provided to the City with a contract amendment, if requested. Task 1. Vegetation Monitoring The USACE Clean Water Act permit obtained for the project requires formal vegetation monitoring during post-construction Years 1, 2, 3, 5, 7 and 10. This task includes completion of required vegetation monitoring associated with mitigation plantings installed by the City along the mainstem Cedar River channel, Elliot Channel riparian area and Royal Hills Spawning Channel riparian area. Plantings installed for the project, cover an estimated 85,500 square feet (2.0 acres) along the mainstem, 14,000 square feet (0.3 acres) at the Elliot Channel, and 40,000 square feet (0.9 acres) at the Royal Hills Channel, for a total of 139,500 square feet (3.2 acres). Schedule Vegetation monitoring will be completed in the fall during Years 2, 3, 5, and 7. Scope GeoEngineers will complete the following scope items during each vegetation monitoring year identified above: ■ Conduct annual vegetation monitoring. ■ Document the following vegetation metrics as required according to the Performance Standards identified in the Mitigation Plan: Survival of trees. Survival and/or cover of planted shrubs and live stakes, including live stakes planted in riprap areas, brush layering area and vegetated walls. Cover of the herbaceous stratum and grass areas. Survival and/or cover of previously planted areas associated with spawning side channels and construction plantings at the inlet of Elliot Channel. Cover of invasive species. ■ Document general conditions of installed plants within monitoring plots and generally throughout the planted areas. ■ Collect representative photographs at each monitoring plot/station for use in tracking conditions throughout the monitoring period. ■ Document general condition of the soft bank bioengineering structures constructed for new bank stabilization and where the gabion wall was removed. ■ Inspect for trash/garbage/vandalism. ■ Inspect gates/signage. ■ Evaluate data results in relation to performance standards established for the project. Exhibit A AGENDA ITEM #6. i) City of Renton | February 19, 2018 Page 3 File No. 00693-073-04 ■ Develop recommendations for pre-emptive invasive species control, other maintenance actions or corrective actions, if needed. ■ Complete monitoring letter report addressing the mitigation plantings and performance standards identified above and in the Mitigation Plan. Deliverables ■ One Vegetation Monitoring Report for each required vegetation monitoring event per the schedule above (total of four reports). Task 2. Vegetation Maintenance Support The USACE Clean Water Act requires post-construction monitoring and maintenance of the mitigation sites for 10 years. Formal vegetation monitoring is required during post-construction Years 1, 2, 3, 5, 7 and 10 as described in Task 1. Task 2 includes auxiliary support to the City with vegetation maintenance to meet the requirements of Task 1 and other permit requirements. This task will be completed annually to ensure mitigation success and compliance with project permits, including the performance standards formally documented as part of Task 1. Schedule Support for the vegetation maintenance obligations will be provided during Years 2 through 7. Scope GeoEngineers will complete the following scope items annually: ■ Interim Monitoring and Documentation. Vegetation monitoring support will be provided multiple times per year, each of the six years to document progress towards performance standards and seasonal maintenance requirements. To complete this sub-task, GeoEngineers will: Complete a pre-maintenance walk-through with the City and/or City’s landscape contractor early in the growing season. The purpose of the walk-through will be to identify recommended maintenance actions that should be completed during the upcoming growing season prior to the fall monitoring event (if applicable). Provide recommendations regarding materials and methods for landscape maintenance, including species substitutions if recommended. Complete a second walk-through with the City and/or City’s landscape contractor late in the growing season to verify maintenance success, identify plant replacements needed, if any, and/or identify additional maintenance actions recommended before the next growing season, if any. Complete a third (final) walk-through with the City and/or City’s landscape contractor to verify plant replacements. Document the results of each walk-through with a field report that can be appended to the Vegetation Monitoring Reports (Task 1), if appropriate, and/or bid packets (see below). ■ Corrective Action Plans, Specifications, and Estimate. Interim monitoring results will be used to prepare drawings, bid item lists, specifications, and cost estimates to implement corrective actions. To complete this subtask, GeoEngineers will: Prepare six “bid packets”. Bid packets will be prepared annually during the course of this contract (six packets, one each year during Years 2 through 7) and will include drawings, bid schedules, Exhibit A AGENDA ITEM #6. i) City of Renton | February 19, 2018 Page 4 File No. 00693-073-04 specifications, and cost estimates. It is anticipated that the City will use the bid packets to either solicit bids for the work or negotiate a change order with the prior year’s contractor. Each bid packet will consist of: o Plan sheets (up to 10 plan view sheets and 2 details sheets) indicating the specific vegetation corrective action(s) to be completed by the Contractor. Typical types of corrective actions are expected to consist of replacing dead or other non-thriving plants, removing noxious invasive species and competing weeds, and installing bark/mulch. o Project technical specifications addressing the contractor’s extent of work, quality metrics, plant and material acceptance criteria, plant and material installation procedures, post--construction documentation requirements, plant care and maintenance (including operation of existing temporary irrigation systems), and warranty. Specifications will be written using the 3-part Construction Specification Institute format. o Bid schedule and an estimate of the construction cost for the work. o Project appendix consisting of copies of the dredging project permits that are applicable to the vegetation installation work. Support the City during annual bidding process or negotiating a change order with the contractor. For each year of work, we anticipate attending one meeting with the City and providing up to 4 hours of additional support answering questions from contractors. Complete up to 40 hours annually for field observation of the contractor’s work and document the site visits through 5 field reports and one punch list itemizing items to be corrected/completed. Complete up to 8 hours of field observation time and 16 hours office time annually preparing documentation related to a maintenance or warranty issue. Task Assumptions Our scope and budget for this task are based on the following assumptions and exclusions: ■ Walk-throughs will be completed along the mainstem Cedar River and each spawning channel in a single day. ■ The City will prepare the “front end” portions of the bid documents and specifications, including: instructions to bidders, bid form, other forms, contract, general conditions, and Division 1 administrative specifications. The City will lead and complete bidding and change order negotiation and preparation, and overall construction management (including correspondence with the contractor, review of pay requests, and close-out). GeoEngineers can provide additional bidding, construction, and/or maintenance/warranty support (such as due to unusual events, a challenging contractor, or extensive/detailed issues) under a supplemental scope of services. ■ Technical specifications and drawings will not address critical areas, permitting, stormwater management, access and staging, work restrictions in airport or public parks, fencing, utilities, structures, or irrigations systems (design, installation, repair). Deliverables ■ Field report following each walk-through, and one punch list per year. ■ Six bid packets (one per year for 6 years) as described above. ■ Documentation related to maintenance or warranty issue. Exhibit A AGENDA ITEM #6. i) City of Renton | February 19, 2018 Page 5 File No. 00693-073-04 Task 3. Spawning Channel Physical Parameters The USACE Clean Water Act requires post-construction monitoring and maintenance of the mitigation sites for 10 years. This task addresses required monitoring of physical parameters (substrate, flow depth and velocity) within the spawning channels, as identified in the Mitigation Plan and WDFW Mitigation Agreement. Schedule Monitoring physical parameters of the spawning channels will be completed annually during Years 2 through 7 as specified below. Scope GeoEngineers will complete the following scope items annually: ■ Document general condition of the new culvert inlet, instream vegetation throughout the channel and bank treatments (e.g., large woody debris [LWD]) at the Elliot Channel. ■ Complete annual substrate monitoring between July 15th and August 31st of each year, in accordance with methods established in the Mitigation Plan (WDFW Mitigation Agreement March 22, 2016). ■ Complete monthly flow rate (velocity) and depth monitoring during October, November and December (WDFW Mitigation Agreement dated March 22, 2016). ■ Evaluate data results in relation to performance standards established for the project. ■ Develop recommendations, if any, for maintenance or corrective actions related to substrate conditions, flow depth and/or flow velocity. ■ Complete a Monitoring Report addressing the Elliot Spawning Channel and Royal Hills Spawning Channel physical parameters identified above. Task Assumptions Our scope and budget for this task are based on the following assumptions and exclusions: ■ Monthly inspection of the spawning channel inlet structures is not included in our scope and should be completed by others. Deliverables ■ Annual Monitoring Reports Task 4. Fish Surveys The WDFW Mitigation Agreement dated March 22, 2016 requires monitoring of the Elliot and Royal Hills Spawning channels until sockeye spawners in the lower river and the two spawning channels meet 15 percent of the total Cedar River sockeye run. WDFW requires the City to conduct live fish count surveys in the spawning channels and allows for the City to provide representation in the mainstem monitoring that is conducted by WDFW and the Muckleshoot Indian Tribe (MIT). This task has been prepared to satisfy the live fish count requirements for the two spawning channels and additional monitoring in the mainstem in collaboration with WDFW and/or MIT. Exhibit A AGENDA ITEM #6. i) City of Renton | February 19, 2018 Page 6 File No. 00693-073-04 Schedule Fish surveys will be completed annually during Years 2 through 7. Scope To complete this task, GeoEngineers will: ■ Complete weekly live fish counts and redd surveys for Elliot Channel during the spawning season, which is estimated to last from September 15th through December 31st of each year (WDFW Mitigation Agreement March 22, 2016). ■ Complete weekly live fish counts and redd surveys for Royal Hills Channel during the spawning season, which is estimated to last from September 15th through December 31st of each year (WDFW Mitigation Agreement March 22, 2016). ■ Coordinate with WDFW and/or the MIT to participate in up to six fish surveys on the lower mainstem. ■ Complete an Annual Monitoring Report addressing the fish surveys in the Elliot Spawning Channel, Royal Hills Spawning Channel and Mainstem. Task Assumptions Our scope and budget for this task are based on the following assumptions and exclusions: ■ For budgeting purposes, we have assumed it will require 15 site visits to complete live fish surveys weekly during the spawning season in the Royal Hills and Elliot Spawning Channels. ■ For budgeting purposes, we have assumed it will require six site visits to complete live fish count surveys in the mainstem. ■ WDFW and MIT will provide access to survey methodology and data collected. Deliverables ■ Annual Monitoring Reports Task 5. Monitoring Summary and Agency Coordination This task includes preparation of Monitoring Summary Reports to be submitted to regulatory agencies in fulfillment of mitigation monitoring requirements. The Summary Reports will summarize monitoring requirements and documentation completed in fulfillment of those requirements. We will append to this report specific documentation prepared by GeoEngineers (biological/mitigation elements) and others, which may include, but are not limited to: scour study; lighting implementation; and other inspections. Schedule Monitoring Summary Reports will be completed annually during Years 2 through 7. Exhibit A AGENDA ITEM #6. i) City of Renton | February 19, 2018 Page 7 File No. 00693-073-04 Scope Items To complete this task, GeoEngineers will: ■ Compile documentation provided by GeoEngineers, in fulfillment of Tasks 1 through 4 above, as well as documentation provided by others, as required for the project and not included in GeoEngineers’ scope. ■ Complete a Monitoring Summary Report for submission to regulatory agencies and append specific documentation to the report as identified above. ■ Submit the report to regulatory agencies, if requested, and complete follow-up communication and coordination with the City and/or regulatory agencies to address questions regarding the documentation submitted. Task Assumptions Our scope and budget for this task are based on the following assumptions and exclusions: ■ Completion of this task is dependent on receipt of information provided by others in fulfillment of monitoring requirements for the project. Deliverables ■ Annual Monitoring Summary Reports Task 6. Miscellaneous Permit Support This task includes miscellaneous permit support that may be required of the project not included or identified in other tasks above. The purpose of this task is to be able to provide maintenance and permitting assistance on an as-needed basis in an adaptive manner, which may depend on the results of other monitoring activities and cannot be specifically predicted at this time. Schedule This task will be completed throughout the period of this contract, as requested. Scope Maintenance and permitting assistance tasks may include, but are not necessarily limited to: ■ Addressing substrate deficiencies identified as a result of Task 3 (Spawning Channel Physical Parameters). ■ Providing additional agency coordination above and beyond the level anticipated as part of Task 5 (Monitoring Summary and Agency Coordination). ■ Preparing permit application materials and/or drawing plans that may be needed to implement contingency measures if performance standards are not achieved. For example, some contingency measures may not be covered under the existing permit authorizations and may, therefore, require submittal of independent Joint Aquatic Resource Permit Applications (JARPAs) to regulatory agencies. Drawing plans may be required to convey information to contractors that are retained to implement contingency measures. Exhibit A AGENDA ITEM #6. i) City of Renton | February 19, 2018 Page 8 File No. 00693-073-04 Task Assumptions Our scope and budget for this task are based on the following assumptions and exclusions: ■ Budget for this task is established based on an estimate of up to 40 hours of technical staff time plus limited additional administrative support time on an annual basis. Deliverables To be determined as requested by the City. General Assumptions Our scope and budget for all tasks identified above (Tasks 1 through 6) and associated budget are based on the following general assumptions and exclusions that apply broadly to our services: ■ City will coordinate and provide site access as well as an escort for activities in restricted areas. ■ All services described in this scope are covered under existing environmental permits for the project. If any agency deems a corrective action to be not covered by the existing permits, additional permitting may be needed. Additional permitting can be completed as part of Task 5 within the limits of budget established herein, or otherwise be subject to a contract amendment. ■ Ongoing monitoring associated with the scour study and lighting study/implementation plan are not included in our scope and will need to be provided by others. ■ Completion of routine maintenance actions, invasive species control, removal of trash/debris, other repairs, and/or contingency or adaptive management actions are not included in our scope at this time. ■ A Professional Land Survey (PLS) may be needed to survey and document work completed during maintenance and/or contingency measures. PLS is not included in GeoEngineers scope. FEE ESTIMATE, SCHEDULE AND CONTRACT TERMS Fee Estimate The fee for our services will be determined using the rates contained in our standard Schedule of Charges, which is attached as part of this proposal. Our budget estimate includes an annual inflation of 3 percent to cover anticipated increases in costs through time as may be reflected in annual updates to the Schedule of Charges. The total estimated fee for the work described above and a per-task breakdown are included in Exhibit B. Schedule The general schedule specific to each task is identified in the task descriptions above. An overall schedule for this contract is provided in Exhibit C. An example breakdown of task schedules within a single given year is provided in Exhibit D. Exhibit A AGENDA ITEM #6. i) City of Renton | February 19, 2018 Page 9 File No. 00693-073-04 Contract Terms The services described in this proposal will be completed and payment made according to the terms and conditions of the Professional Services Agreement established between the City of Renton and GeoEngineers, Inc. CLOSURE We appreciate the opportunity to present this proposal to provide post-construction mitigation services on this project. Please contact us if you have any questions concerning this proposal. Sincerely, GeoEngineers, Inc. David B. Conlin, PWS Joseph O. Callaghan, PWS Biologist/Project Manager Associate Biologist DBC:JOC:cje:cam Attachments: Schedule of Charges—Redmond/Seattle/Tacoma 2018 Exhibit B. Budget Exhibit C. Overall Schedule Exhibit D. Annual Schedule One copy submitted Proprietary Notice: The contents of this document are proprietary to GeoEngineers, Inc. and are intended solely for use by our clients and their design teams to evaluate GeoEngineers' capabilities and understanding of project requirements as they relate to performing the services proposed for a specific project. Copies of this document or its contents may not be disclosed to any other parties without the written consent of GeoEngineers. Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table and/or figure), if provided and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Copyright© 2018 by GeoEngineers, Inc. All rights reserved. Exhibit A AGENDA ITEM #6. i) Schedule_Puget Sound Special (Bellingham) - 2018 Schedule of Charges – 2018 COMPENSATION Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a lump sum amount is so indicated in the proposal or services agreement. Current rates are: Professional Staff Staff 1 Scientist/Analyst $ 98/hour Staff 1 Engineer $ 102/hour Staff 2 Scientist/Analyst $ 110/hour Staff 2 Engineer $ 114/hour Staff 3 Scientist/Analyst $ 128/hour Staff 3 Engineer $ 133/hour Engineer/Scientist/Analyst 1 $ 150/hour Engineer/Scientist/Analyst 2 $ 155/hour Senior Engineer/Scientist/Analyst 1 $ 161/hour Senior Engineer/Scientist/Analyst 2 $ 175/hour Associate $ 194/hour Principal $ 211/hour Technical Support Staff Administrator 1 $ 67/hour Administrator 2 $ 79/hour CAD Technician $ 79/hour CAD Designer $ 90/hour Technician $ 71/hour Senior Technician $ 81/hour Contracted professional and technical services will be charged at the applicable hourly rates listed above. Staff time spent in depositions, trial preparation and court or hearing testimony will be billed at one and one-half times the above rates. Time spent in either local or inter-city travel, when travel is in the interest of this contract, will be charged in accordance with the foregoing schedule. Rates for data storage and web-based access will be provided on a project-specific basis. AGENDA ITEM #6. i) Puget Sound Special Schedule of Charges (Bellingham) | 2018 Page 2 of 2 Equipment Air Quality Equipment, per day $ 158.00 Air Sparging Field Test, per day $ 525.00 Construction Monitoring Equipment $ 26.00 Continuous Recording Data Logger, per day $ 315.00 Environmental Exploration Equipment, per day $ 158.00 Field Data Acquisition Equipment, per day $ 50.00 Field water quality testing equipment, per day (1 day min.) $ 84.00 Gas Detection and Oxygen Meters, per day (1 day min.) $ 105.00 Generator, per day (1 day min.) $ 105.00 Geotechnical Exploration Equipment, per day $ 131.00 Groundwater Development and Sampling Pumps, per day (1 day min.) $ 105.00 Groundwater Monitoring Equipment, per day $ 231.00 Nuclear Density Gauge, per hour (4 hour daily min.) $ 11.00 pH Meter, per day $ 16.00 Single Channel Data Logger, per logger, per day (1 day min.) $ 105.00 Slope Indicator, per day (1 day min.) $ 210.00 Survey equipment, Porter sampling gear and Dynamic cone sounding equipment, per day $ 37.00 Vapor Extraction Field Test, per day $ 525.00 Vehicle usage, per mile, or $50/day, whichever is greater $ .65 Vehicle - 4-wheel drive truck, per day (1 day min.) $ 84.00 Water Disposal Equipment, per use, per day $ 53.00 Water Quality Equipment, per day $ 131.00 Specialized and miscellaneous field equipment, at current rates, list available upon request. OTHER SERVICES, SUPPLIES AND SPECIAL TAXES Charges for services, equipment, supplies and facilities not furnished in accordance with the above schedule, and any unusual items of expense not customarily incurred in our normal operations, are charged at cost plus 15 percent. This includes shipping charges, subsistence, transportation, printing and reproduction, miscellaneous supplies and rentals, surveying services, drilling equipment, construction equipment, watercraft, aircraft, and special insurance which may be required. Taxes required by local jurisdictions for projects in specific geographic areas will be charged to projects at direct cost. Per diem may be charged in lieu of subsistence and lodging. Routinely used field supplies stocked in-house by GeoEngineers, at current rates, list available upon request. In-house testing for geotechnical soil characteristics at current rates, list available upon request. Associated Project Costs (APC) Computer hardware and software, telephone and fax communications, printing and photocopying and routine postage via USPS will be charged at a flat rate of 6 percent of labor charges. These charges are labeled as Associated Project Costs (APC). All rates are subject to change upon notification. AGENDA ITEM #6. i) Year 2 Year 3 Year 4 Year 5 Year 6 Year 7Task 2018 2019 2020 2021 2022 2023 TotalTask 1 - Vegetation Monitoring$23,669 $24,379 $25,863 $27,439 $101,349Task 2 - Vegetation Maintenance Support$51,422 $40,873 $42,100 $43,363 $44,663 $46,003 $268,424Task 3 - Spawning Channel Physical Parameters$28,476 $29,330 $30,210 $31,116 $32,050 $33,011 $184,193Task 4 - Fish Surveys$46,322 $47,712 $49,143 $50,617 $52,136 $53,700 $299,630Task 5 - Monitoring Summary Report & Agency Coordination$7,744 $7,977 $8,216 $8,462 $8,716 $8,978 $50,094Task 6 - Miscellaneous Permit Support$9,303 $9,582 $9,869 $10,165 $10,470 $10,784 $60,173TOTALS$166,936 $159,852 $139,538 $169,587 $148,036 $179,915 $963,864Notes:1. Budget estimates include 3% annual escalation after Year 2.2. Formal vegetation monitoring is not required in Years 4 and 6.3. Task 4 - Fish Surveys include 15 weekly spawning surveys and 6 ride-alongs4. Task 6 - Miscellanious Permit Support is estimated based on an annual effort of 40 technical staff hours plus limited administrative supportCity of RentonCedar River Maintenance Dredging ProjectPost-Construction Mitigation Monitoring Services, Years 2 through 7EXHIBIT B. BudgetAGENDA ITEM #6. i) Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 2018 2019 2020 2021 2022 2023 1. Vegetation Monitoring Fall Fall Fall Fall 2. Vegetation Maintenance Support X X X X X X 3. Spawning Channel Physical Parameters Summer Summer Summer Summer Summer Summer 4. Fish Surveys Fall Fall Fall Fall Fall Fall 5. Monitoring Summary and Agency Coordination X X X X X X 6. Miscellaneous Permit Support X X X X X X Notes: 1. Formal vegetation monitoring is not required in Years 4 and 6. Task/Subtask EXHIBIT C. Overall Schedule City of Renton Cedar River Maintenance Dredging Project Post-Construction Mitigation Monitoring Services, Years 2 through 7 AGENDA ITEM #6. i) Task/SubtaskMay June July August September October November December January February March AprilLegendNotes:1. Bid package will typically be produced in the fall; however, initial bid package will be produced Spring 2018 upon contract approval.2. Formal vegetation monitoring is not required in Years 4 and 6.1. Vegetation Monitoring (Years 2, 3, 5, and 7 only)2. Vegetation Maintenance Support6. Miscellaneious Permit SupportData CollectionMonitoring ReportEarly Season Walk-ThroughInvasive Species ControlLate Season Walk-ThroughPlant Replacements/Corrective Actions (if needed)5. Monitoring Summary and Agency Coordination3. Spawning Channel Physical ParametersSubstrate MonitoringBid PackageLandscape BidBid Support and Field ObservationItems completed by GeoEngineersItems completed by othersMonitoring Summary ReportAgency CoordinationEXHIBIT D. Annual ScheduleCity of RentonCedar River Maintenance Dredging ProjectPost-Construction Mitigation Monitoring Services, Years 2 through 7Flow Rate and Depth MonitoringMonitoring Report4. Fish SurveysSpawning Channel SurveysAnnual ReportingMainstem SurveysFinal Walk-ThroughAGENDA ITEM #6. i) AB - 2104 City Council Regular Meeting - 19 Mar 2018 SUBJECT/TITLE: Ratification of the 2017 Update to the Water Resources Inventory Area (WRIA) 8 Chinook Salmon Conservation Plan RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Utility Systems Division STAFF CONTACT: Kristina Lowthian, Surface Water Utility Engineer EXT.: 7249 FISCAL IMPACT SUMMARY: None SUMMARY OF ACTION: In 1999 the federal government listed Puget Sound Chinook salmon as threatened under the Endangered Species Act, which prompted local governments in the WRIA 8 watershed to initiate a coordinated, watershed-scale partnership to recover salmon under an interlocal agreement (ILA). The first ILA was initiated in 2001, updated in 2006, and most recently updated again in 2015. The current ILA, among 28 local government partners, is in effect through the end of December 2025. Implementation of salmon recovery actions, including habitat restoration and programmatic activities, is guided by the WRIA 8 Chinook Salmon Conservation Plan (Plan), which was originally completed in 2005, and ratified by each of the local government partners. Upon approving the 2005 Plan, the WRIA 8 Salmon Recovery Council set an initial 10-year implementation period, ending in 2015, to assess progress to date and consider whether or not to continue the watershed’s collaborative regional salmon recovery partnership. With the renewal of the ILA in 2015, WRIA 8 ILA partners recommitted to coordinated Chinook recovery in WRIA 8.The WRIA 8 Salmon Recovery Council received regular briefings during the update process and approved the 10-year update to the WRIA 8 Plan in September 2017. Similar to the original 2005 WRIA 8 Plan, the 2017 update to the Plan identifies priority actions for partners and other entities to take to improve habitat conditions to support recovery of Chinook salmon. The Plan update does not obligate partners to take action or change local regulations, but it is intended to serve as the City’s plan for salmon habitat protection and restoration and should inform other planning processes and regulatory updates.The Plan is accessible through the WRIA 8 webpage at http://www.govlink.org/watersheds/8/reports/chinook-plan-update.aspx. EXHIBITS: A. Issue Paper B. WRIA 8 Chinook Salmon Conservation Plan 10-year Update C. Resolution AGENDA ITEM #6. j) STAFF RECOMMENDATION: Approve the 2017 Update to the Water Resource Inventory Area (WRIA) 8 Chinook Salmon Conservation Plan and adopt the resolution ratifying the Plan. AGENDA ITEM #6. j) \KLmc PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:March 8, 2018 TO:Ed Prince, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Gregg Zimmerman, Administrator STAFF CONTACT:Ron Straka, Surface Water Engineering Manager, ext. 7248 Kristina Lowthian, Surface Water Utility Engineer, ext. 7249 SUBJECT:Ratification of the 2017 Update to the Water Resources Inventory Area (WRIA) 8 Chinook Salmon Conservation Plan ISSUE: Should the Council approve the 2017 Update to the WRIA 8 Chinook Salmon Conservation Plan (Plan) and authorize the Mayor and City Clerk to execute the resolution ratifying the Plan? RECOMMENDATION: Approve the 2017 Update to the WRIA 8 Chinook Salmon Conservation Plan and authorize the Mayor and City Clerk to execute the resolution ratifying the Plan. BACKGROUND SUMMARY: In 1999 the federal government listed Puget Sound Chinook salmon as threatened under the Endangered Species Act, which prompted local governments in the WRIA 8 watershed to initiate a coordinated, watershed-scale partnership to recover salmon under an interlocal agreement (ILA). The first ILA was initiated in 2001, updated in 2006, and most recently updated again in 2015. The current ILA, among 28 local government partners, is in effect through the end of December 2025. Implementation of salmon recovery actions, including habitat restoration and programmatic activities, is guided by the WRIA 8 Chinook Salmon Conservation Plan (WRIA 8 Plan), which was originally completed in 2005, and ratified by each of the local government partners. Upon approving the 2005 WRIA 8 Plan, the WRIA 8 Salmon Recovery Council set an initial 10-year implementation period, ending in 2015, to assess progress to date and consider whether or not to continue the watershed’s collaborative regional salmon recovery partnership. AGENDA ITEM #6. j) Ed Prince, Council President Members of the Renton City Council Page 2 of 3 March 8, 2018 \KLmc With the renewal of the ILA in 2015, WRIA 8 ILA partners recommitted to coordinated Chinook recovery in WRIA 8, and the Salmon Recovery Council directed WRIA 8 staff to initiate a 10-year update to the WRIA 8 Plan. This update process commenced in late 2015 and early 2016. WRIA 8 staff worked with the Implementation and Technical committees, and other regional and local stakeholders to inform the Plan update. The WRIA 8 Salmon Recovery Council received regular briefings during the update process and approved the 10-year update to the WRIA 8 Plan in September 2017. The 2017 Plan is an addendum to the 2005 Plan, but is also intended to serve as a stand- alone document. As an addendum, the 2017 Plan continues themes and content discussed in the 2005 Plan, and incorporates new scientific information and lessons learned during the first 10 years of implementation. The Plan is accessible through the WRIA 8 webpage at http://www.govlink.org/watersheds/8/reports/chinook-plan- update.aspx. Major updates to the conservation plan include: Revised and updated list of habitat acquisition and restoration projects, to improve project definitions, reduce duplication and add new projects. New habitat goals for five key habitat elements to better evaluate and report progress toward achieving habitat restoration efforts. Twenty new and updated habitat recovery strategies. Revised and updated list of recommended land use actions, education and outreach actions. New monitoring and assessment plan that improves tracking and reporting on the Plan’s implementation, and clearly defines adaptive management responses should the level of implementation fall below identified benchmarks. Since 2000 WRIA 8 partners have worked together to improve conditions for threatened Chinook salmon, with the goal of bringing Chinook salmon back to sustainable, harvestable levels. After more than 10 years of implementation, great progress has been made on many short-term goals, but overall salmon population numbers are still far short of a level needed to allow de-listing of the species under the Endangered Species Act or support sustainable runs for tribal treaty fishing rights and recreational fishing. Similar to the original 2005 WRIA 8 Plan the 2017 update identifies priority actions for partners and other entities to take to improve habitat conditions to support recovery of Chinook salmon. The Plan update does not obligate partners to take action or change local regulations, but it is intended to serve as the city’s and county’s plan for salmon AGENDA ITEM #6. j) Ed Prince, Council President Members of the Renton City Council Page 3 of 3 March 8, 2018 \KLmc habitat protection and restoration and should inform other planning processes and regulatory updates. The city contributes approximately $18,000 per year, in accordance with the approved ILA, to implement the Plan. The fee structure is updated every three years based on the city’s population, assessed value and area. CONCLUSION: The Surface Water Utility requests the approval of the 2017 Update to the WRIA 8 Chinook Salmon Conservation Plan and adoption of the resolution ratifying the Plan. Attachment cc: Lys Hornsby, Utility Systems Director AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. 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RESOLUTION OF THE CITY OF RENTON, WASHINGTON, RATIFYING THE 2017 UPDATE TO THE LAKE WASHINGTON/CEDAR/SAMMAMISH WATERSHED [WATER RESOURCE INVENTORY AREA (WRIA) 8] CHINOOK SALMON CONSERVATION PLAN. WHEREAS, the 2017 update to the WRIA 8 Chinook Salmon Conservation Plan (“WRIA 8 Plan”) is an addendum to the 2005 WRIA 8 Chinook Salmon Conservation Plan, and includes a scientific framework, Chinook salmon population goals to achieve sustainable and harvestable populations, habitat restoration goals, recovery strategies, a list of priority projects and programmatic actions, and a monitoring and adaptive management plan; and WHEREAS, 28 local governments in WRIA 8 partner through an interlocal agreement to jointly fund implementation of the WRIA 8 Plan through 2025 to advance their shared interest in and responsibility for addressing long‐term watershed planning and conservation of aquatic ecosystems and floodplains for purposes of implementing the WRIA 8 Plan and improving watershed health; and WHEREAS, the WRIA 8 partners recognize participating in the ILA and implementing priorities in the WRIA 8 Plan demonstrates their commitment to proactively working to address the ESA listing of Chinook salmon; and WHEREAS, WRIA 8 partners took formal action in 2005 and 2006 to ratify the WRIA 8 Plan; and WHEREAS, in March 1999, the National Oceanic and Atmospheric Administration (NOAA) Fisheries listed the Puget Sound Chinook salmon evolutionary significant unit, including the Cedar AGENDA ITEM #6. j) RESOLUTION NO. _______ 2 and Sammamish populations in WRIA 8, as a threatened species under the Endangered Species Act (ESA); and WHEREAS, an essential ingredient for the development and implementation of an effective recovery program is coordination and cooperation among federal, state, and local agencies, tribes, businesses, researchers, non‐governmental organizations, landowners, citizens, and other stakeholders as required; and WHEREAS, local jurisdictions have authority over some habitat‐based aspects of Chinook survival through land use and other policies and programs; and the state and tribes, who are the legal co‐managers of the fishery resource, are responsible for addressing harvest and hatchery management in WRIA 8; and WHEREAS, the City values ecosystem health; water quality improvement; flood hazard reduction; open space protection; and maintaining a legacy for future generations, including commercial, tribal, and sport fishing, quality of life, and cultural heritage; and WHEREAS, the City supports cooperation at the WRIA level to set common priorities for actions among partners, efficient use of resources and investments, and distribution of responsibility for actions and expenditures; and WHEREAS, the WRIA 8 Chinook Salmon Conservation Plan (WRIA 8 Plan) is one of 15 watershed‐based chapters of the Puget Sound Salmon Recovery Plan; and WHEREAS, the Puget Sound Partnership serves as the Puget Sound regional organization and lead for planning and implementing the Puget Sound Salmon Recovery Plan, approved by NOAA Fisheries; and AGENDA ITEM #6. j) RESOLUTION NO. _______ 3 WHEREAS, in WRIA 8, habitat protection and restoration actions to significantly increase Chinook productivity trends are necessary, in conjunction with other recovery efforts, to avoid extinction in the near term and restore WRIA 8 Chinook to viability in the long term; and WHEREAS, the WRIA 8 Plan recognizes that salmon recovery is a long‐term effort, and focuses on a 10‐year implementation time horizon to allow for evaluation of progress and updating Plan goals and priorities; and WHEREAS, the City has implemented habitat restoration and protection projects, and uses the WRIA 8 Plan and salmon habitat recovery strategies and goals as guidance in its land use and public outreach policies and programs; and WHEREAS, it is important to provide jurisdictions, the private sector and the public with certainty and predictability regarding the course of salmon recovery actions that the region will be taking in WRIA 8, including the Puget Sound nearshore; and WHEREAS, if insufficient action is taken at the local and regional level, it is unlikely Chinook salmon populations in WRIA 8 will improve and it is possible the federal government could list Puget Sound Chinook salmon as an endangered species, thereby decreasing local flexibility; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The City Council of the City of Renton, Washington, hereby ratifies the 2017 update to the Lake Washington/Cedar/Sammamish Watershed Chinook Salmon Conservation Plan, dated September, 2017 (2017 Plan), which shall be kept on file in the City Clerk’s office. Ratification is intended to convey the City’s approval and support for the following: AGENDA ITEM #6. j) RESOLUTION NO. _______ 4 1. Conserving and recovering Chinook salmon and other anadromous fish, focusing on preserving, protecting and restoring habitat with the intent to recover listed species, including sustainable, genetically diverse, harvestable populations of naturally spawning Chinook salmon. 2. Providing multiple benefits to people and fish through Plan implementation, including flood hazard reduction; water quality improvement; open space protection; and maintaining a legacy for future generations, including commercial, tribal and sport fishing, quality of life, and cultural heritage. 3. Continuing to work collaboratively with other jurisdictions and stakeholders in WRIA 8 to implement the WRIA 8 Plan as updated in 2017. 4. Using the habitat goals and associated recovery strategies in the 2017 Plan update as a basis for local actions recommended in the Plan and as one source of best available science for future projects, ordinances, programmatic actions, and other appropriate local government activities. 5. Supporting implementation of the 2017 Plan’s Monitoring and Assessment Plan on a watershed basis, including an adaptive management approach to implementation and funding to address uncertainties and ensure cost‐effectiveness by tracking actions, assessing action effectiveness, learning from results of actions, reviewing assumptions and strategies, making corrections where needed, and communicating progress. 6. Using the 2017 Plan project list, recommended land use and education and outreach actions, and other actions consistent with the Plan as the suite of WRIA 8 actions to guide priorities for implementation and funding, including through grants, local capital AGENDA ITEM #6. j) RESOLUTION NO. _______ 5 improvement projects, ordinances, and other activities. Jurisdictions, agencies, and stakeholders can choose to implement these actions at any time. 7. Using an adaptive approach to funding the Plan through both local sources and by working together (within WRIA 8 and Puget Sound) to seek federal, state, grant, and other funding opportunities, and recognizing that funding assumptions, strategies, and options will be revisited periodically. PASSED BY THE CITY COUNCIL this ______ day of _______________________, 2018. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _______________________, 2018. ______________________________ Denis Law, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney RES.1761:3/1/18:scr AGENDA ITEM #6. j) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. ___________ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING AN EMERGENCY FOR THE PURPOSES OF REPLACING/REPAIRING TRAFFIC SIGNAL POLE ON NE 4TH STREET AND DUVALL AVENUE NE. WHEREAS, the City of Renton owns, operates and maintains the traffic signal pole on NE 4th Street and Duvall Avenue NE in the City of Renton; and WHEREAS, on or about March 3, 2018, the traffic signal pole was struck by a vehicle, and heavily damaged and in need of an immediate repair/replacement; if immediate action is not taken, it may result in further material loss or damage to property, bodily injury or loss of life; and WHEREAS, on March 7, 2018, the Mayor declared an emergency, attached hereto as Exhibit A, pursuant to the provisions of RCW 39.04.280 and Renton Policy and Procedure Manual 250-02, paragraph 6.10.3, to authorize Gregg Zimmerman, Public Works Administrator, to waive competitive bidding requirements and to award all necessary contracts to address the emergency for the repair/replacement of said traffic signal pole; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are adopted as findings. SECTION II. An emergency did exist at the time of the declaration of emergency by Mayor Denis Law. By these written recitals and findings, the City Council does hereby ratify and approve the Mayor’s emergency declaration, attached hereto as Exhibit A, to waive competitive bidding AGENDA ITEM # 8. a) RESOLUTION NO. ________ 2 requirements and to award all necessary contracts to address the emergency for the repair of the aforesaid traffic signal pole on NE 4th Street and Duval Avenue NE. PASSED BY THE CITY COUNCIL this ______ day of ___________________, 2018. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2018. ______________________________ Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ______________ RES:1762:3/8/18:scr AGENDA ITEM # 8. a) RESOLUTION NO. ________ 3 EXHIBIT A AGENDA ITEM # 8. a)