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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, December 2, 2024 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Please note that this regular meeting of the Renton City Council is being offered as a hybrid meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S Grady Way, Renton, 98057 or remotely through Zoom. For those wishing to attend by Zoom: Please (1) click this link https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215- 8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Registration for Audience Comment: Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting.  Request to Speak Registration Form: o Click the link or copy/paste the following URL into your browser: https://forms.office.com/g/bTJUj6NrEE  You may also call 425-430-6501 or email jsubia@rentonwa.gov or cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email address and/or phone number, and topic in your message.  A sign-in sheet is also available for those who attend in person. Video on Demand: Please click the following link to stream Council meetings live as they occur, or to select previously recorded meetings: Renton Channel 21 Video on Demand 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. ADMINISTRATIVE REPORT a) Administrative Report 4. AUDIENCE COMMENTS  All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow-up.  Speakers must sign-up prior to the Council meeting.  Each speaker is allowed three minutes.  When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for or against 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. 5. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of 11/25/2024. Council Concur b) AB - 3455 Community & Economic Development Department recommends awarding a $100,000 grant to Homestead Community Land Trust for the Willow Townhomes Phase II project; and approving the Housing Opportunity Fund Affordable Housing Agreement with Homestead Community Land Trust. Refer to Finance Committee c) AB - 3709 Community & Economic Development Department submits the Lodging Tax Advisory Committee funding allocation recommendations; and requests approval of the allocations and authorization to execute contracts with the successful applicants. Refer to Committee of the Whole d) AB - 3695 Human Resources / Risk Management Department recommends approval of the city's 2025 liability insurance renewals; and authorization to execute the implementing documents when they are ready. Refer to Finance Committee e) AB - 3711 Parks & Recreation Department recommends approval of a Master Non- Exclusive On-Call Small Public Works Agreement, with Clean Harbors Environmental Services, Inc., in the amount of $235,000, using State Master Contract #09321, for Hazardous Materials/Encampment Clean-ups through December 31, 2025. Refer to Finance Committee f) AB - 3710 Public Works Transportation Systems Division reports bid opening on October 4, 2024 for CAG-24-109, S 7th St Corridor Improvements project, and recommends awarding the contract to the lowest responsive and responsible bidder Active Construction, Inc., in the amount of $1,887,887. Council Concur g) AB - 3712 Public Works Utility Systems Division recommends execution of Water Quality Grant Agreement No. WQC-2025-Renton-00120 (CAG-24-261) with the Department of Ecology to accept grant funds in the amount of $297,500 for the Lind Ave SW Conveyance and Water Quality Retrofit project. The city's match is $52,500. Refer to Finance Committee 6. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Utilities Committee: 20-year Latecomers Agreement (LA-17-003) to Tuscany Construction, LLC for sanitary sewer main extension on Hoquiam Ave NE. b) Transportation Committee: Do Street Vacation 7. LEGISLATION Ordinances for second and final reading: a) Ordinance No. 6155: Adopt International Fire Code (First Reading 11/25/2025) b) Ordinance No. 6156: Amending 2025 Salary Table, Reclassifications (Dec 2024) (First Reading 11/25/2025) 8. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) a) Nominate and Elect 2025 Council President b) Nominate and Elect 2025 Council President Pro Tempore 9. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:45 p.m. - 7th Floor -Conferencing Center 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 Mayor’s Office Memorandum DATE: November 26, 2024 TO: Ed Prince, Council President Members of the Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report Adopt a new dog or cat! The City of Renton, Renton Police Department, and Eastside Veterinary Associations will host the annual Renton Animal Care and Control adoption event Saturday, December 14 from 1-4 p.m. at Eastside Veterinary Associates; 1700 NE 44th Street; Renton. Adoption fees are reduced by 50%. Adopt a dog for $50 or cat for $25. All pets are fully vaccinated, spayed/neutered, and micro-chipped. • Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open.  Monday, December 2 through Friday, December 6, 8:00am-3:00pm. Intermittent lane closure near the intersection of 156th Ave NE and SE 2nd Pl for construction work. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Pat DeCaro, 425-207-6013.  Monday, December 2 through Friday, December 6, 8:00am-3:00pm. Intermittent lane closure on Sunset Blvd NE and Bronson Way NE for construction work. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Kip Braaten, 206-503-1746.  Monday, December 2 through Friday, December 6, 8:00am-3:00pm. Intermittent lane closure on Rainier Ave N between Airport Way and S 3rd St for construction work. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Joe Nerlfi, 425-757-9657.  Monday, December 2 through Friday, December 6, 8:00am-3:00pm. Intermittent lane closure on NE Sunset Blvd between Edmonds Ave NE and Kirkland Ave NE for construction work. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Brad Stocco, 425- 282-2373.  Monday, December 2 through Friday, December 6, 8:00am-3:00pm. Shifting lane closures both east and west on NE Sunset Blvd between Redmond Pl NE to AGENDA ITEM #3. a) Ed Prince, Council President Members of the Renton City Council Page 2 of 2 November 27, 2024 Union Ave NE for utility installation and frontage improvements. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Brad Stocco, 425-282-2373.  Monday, December 2 through Friday, December 6, 8:30am-3:00pm. Intermittent northbound lane closure on Wells Ave S north of intersection S 2nd St for utility installation. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Casey Grant, 206-532-4380.  Monday, December 2 through Friday, December 6, 8:00am-3:00pm. Intermittent lane closure on Williams Ave S between Cedar River and S 3rd St for construction work. Approved traffic control plans were issued for all work and will be followed. Questions can be directed to Rob Blackburn, 206-379-1489. AGENDA ITEM #3. a) AB - 3455 City Council Regular Meeting - 02 Dec 2024 SUBJECT/TITLE: Housing Opportunity Grant Award to Homestead Community Land Trust for Willowcrest Townhomes Phase II RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Matt Herrera, Current Planning Manager EXT.: 6593 FISCAL IMPACT SUMMARY: Funds amounting to $100,000 will come from GL account number 000.000000.007.558.60.49.011 SUMMARY OF ACTION: SUMMARY The Willowcrest Townhomes Phase II project would be the second collaboration with the City of Renton, Renton Housing Authority (RHA), and Homestead Community Land Trust (Homestead) in creating affordable homeownership opportunities in the Sunset Area. The initial Willowcrest Townhomes phase opened in 2021 and provided homeownership for those whose incomes are at or below 80% area median income. Homestead is in the pre-development stages of the second phase of Willowcrest Townhomes and is requesting $100,000 from the Housing Opportunity Fund to assist in construction of the project. Phase II will include 19 new townhomes, of which 15 will be permanently affordable to those making below 80% area median income. PROJECT BACKGROUND Willowcrest Townhomes Phase II will continue Homestead’s mission of constructing projects that provide opportunities for permanently affordable homeownership. The organization uses a community land trust model so that when a homeowner decides to sell their home, they do so to another income-qualified buyer at an affordable price based on a resale value limited to 1.5% annual appreciation.[1] Homestead’s first project in Renton is the award-winning Willowcrest Townhomes. The twelve-unit project was constructed by Homestead on land donated by RHA and opened in 2021. The project received a $357,000 grant, of which $25,000 was awarded from the Housing Opportunity Fund (HOF) and $332,000 was awarded from the Density Fee Fund. Willowcrest Townhomes was the first phase of an anticipated two-phase development. In 2023, Homestead gained site control from RHA for Willowcrest Townhomes Phase II. Homestead is in the pre-development stages of the project and is requesting $100,000 from the City’s Housing Opportunity Fund (HOF) to help pay for the development costs. The Phase II project will include 19 new townhomes, of which 15 will be permanently affordable to those making below 80% Area Median Income. Homestead anticipates submitting a Land Use Application to the City before the end of 2024. They estimate that construction will start on the project in Q3 of 2025 and be complete by 2027. [1] More information is available on "Questions and Answers about Community Land Trusts" on Homestead’s website AGENDA ITEM #5. b) EXHIBITS: A. Issue Paper B. Agreement C. Request Letter STAFF RECOMMENDATION: Staff recommends Council: (1) award a $100,00 grant to Homestead Community Land Trust for the Willowcrest Townhomes Phase II (2) approve the Housing Opportunity Fund Affordable Housing Agreement with Homestead Community Land Trust, and (3) authorize the Mayor to execute said agreement in substantially the same form. AGENDA ITEM #5. b) DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: November 13, 2024 TO: Ed Prince, Council President Members of Renton City Council CC: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer FROM: Gina Estep, CED Administrator STAFF CONTACT: Matt Herrera, Planning Director SUBJECT: Housing Opportunity Fund Grant Award to Homestead Community Land Trust for Willowcrest Townhomes Phase II ISSUE: Should City Council provide a $100,000 grant to Homestead Community Land Trust to help develop and construct the Willowcrest Townhomes Phase II project and provide 15 new affordable homeownership residences in the Sunset Area? RECOMMENDATION: Staff recommends Council: (1) award a $100,00 grant to Homestead Community Land Trust for the Willowcrest Townhomes Phase II, (2) approve the Housing Opportunity Fund Affordable Housing Agreement with Homestead Community Land Trust, and (3) authorize the Mayor to execute said agreement in substantially the same form. SUMMARY: The Willowcrest Townhomes Phase II project would be the second collaboration with the City of Renton, Renton Housing Authority (RHA), and Homestead Community Land Trust (Homestead) in creating affordable homeownership opportunities in the Sunset Area. The initial Willowcrest Townhomes phase opened in 2021 and provided homeownership for those whose incomes are at or below 80% area median income. Homestead is in the pre-development stages of the second phase of Willowcrest Townhomes and is requesting $100,000 from the Housing Opportunity Fund to assist in construction of the project. Phase II will include 19 new townhomes, of which 15 will be permanently affordable to those making below 80% area median income. AGENDA ITEM #5. b) Ed Prince, Council President Page 2 of 3 November 13, 2024 PROJECT BACKGROUND: Willowcrest Townhomes Phase II will continue Homestead’s mission of constructing projects that provide opportunities for permanently affordable homeownership. The organization uses a community land trust model so that when a homeowner decides to sell their home, they do so to another income-qualified buyer at an affordable price based on a resale value limited to 1.5% annual appreciation.1 Homestead’s first project in Renton is the award-winning Willowcrest Townhomes. The twelve-unit project was constructed by Homestead on land donated by RHA and opened in 2021. The project received a $357,000 grant, of which $25,000 was awarded from the Housing Opportunity Fund (HOF) and $332,000 was awarded from the Density Fee Fund. Willowcrest Townhomes was the first phase of an anticipated two-phase development. In 2023, Homestead gained site control from RHA for Willowcrest Townhomes Phase II. Homestead is in the pre-development stages of the project and is requesting $100,000 from the City’s Housing Opportunity Fund (HOF) to help pay for the development costs. The Phase II project will include 19 new townhomes, of which 15 will be permanently affordable to those making below 80% Area Median Income. Homestead anticipates submitting a Land Use Application to the City before the end of 2024. They estimate that construction will start on the project in Q3 of 2025 and be complete by 2027. HOUSING OPPORTUNITY FUND: The Housing Opportunity Fund was established in 2008 through Ordinance 5419. Between 2012 and 2020, $200,000 was allocated from the HOF to four projects. As part of the 2023-2024 Biennial Budget, Renton City Council allocated an additional $100,000 to the Housing Opportunity Fund in 2022. At that time, the Fund account for the HOF was dissolved and a Housing Opportunity Grants line item was created within the former Equity, Housing, and Human Services Department budget. Following the department reorganization, the fund was carried over from 2023 into 2024 Community and Economic Development Planning Division budget. Processes and criteria of Ordinance 5419 are used in the administration of the Planning Division line item. 1 More information is available on "Questions and Answers about Community Land Trusts" on Homestead’s website AGENDA ITEM #5. b) Ed Prince, Council President Page 3 of 3 November 13, 2024 The city received a letter from Homestead on October 6, 2023, requesting $100,000 from the opportunity to support Willowcrest Townhomes Phase II.2 Staff have reviewed the request and determined that the project will meet the HOF project eligibility criteria: • The project is physically located within the Renton City Limits; • (First Priority) The project is new construction and increases the available supply of affordable housing in Renton with a preference for mixed income projects; and • The homeownership opportunities are affordable to households earning no more than 80% of the King County median income • HCLT intends to maintain the units in perpetuity as an affordable community land trust homeownership project If approved, Homestead would be eligible to request funds after issuance of the project’s building permit. HOF funds would only be used to support the construction of the affordable units. CONCLUSION: An award $100,000 award from the Housing Opportunity Fund to Homestead Community Land Trust will help support the development of Willowcrest Townhomes Phase II and provide 15 units of new affordable homeownership in the Sunset Area. The project aligns with the City’s 2024-2029 Business Plan goals, Sunset Transformation Plan, and Housing Action Plan. cc: Ed VanValey, CAO Kristi Rowland, Deputy CAO Kari Roller, Finance Administrator Shane Maloney, City Attorney Gina Estep, Community & Economic Development Administrator Matt Herrera, Planning Director Jason Seth, City Clerk Attachments: • Homestead Community Land Trust HOF request letter • Housing Opportunity Fund Affordable Housing Agreement 2 Homestead updated plan is for 15 affordable units with permit submittal before the end of 2024. The letter indicated 14 affordable units and permits submitted in 2023. AGENDA ITEM #5. b) AGREEMENT FOR HOUSING OPPORTUNITY FUND SUPPORT TO HOMESTEADCOMMUNITY LANDTRUST THIS AGREEMENT,dated for reference purposesonly asOctober 16,2024,is by and between the . City of Renton (the "City”),a Washington municipal corporation,and Homestead Community Land Trust (”Consultant"),a Washington State Noprofit Corporation.The City and the Consultant are referredto collectively in this Agreement as the ”Parties.”Once fully executed by the Parties, this Agreement is effective as of the last date signedby both parties. ML - ”Scope of Work:Consultant agrees to provide fifteen(15’)new construction affordable _R 7' housing units for households earning not more than eighty present (80%)of King County median income as established by the US Department of Housing and Urban Development , within the Willowcrest Townhomes Phase II development,whose affordability will be maintained for at least twenty (20)years from date of approval by the City Council as .specified in Exhibit A,Scope of Work andBudget (hereafter ”ExhibitA”),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 additiofns,1deletions 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 ExhibitA.All Work shall be performed by no later than December 9,2027.Affordable housing requirements will survive the term of this Agreement subject to limitations identified in ExhibitA. 4.Compensation: A.Amount.Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed one hundred thousand dollars ($100,000.00). Compensation shall be paid 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 AGENDA ITEM #5. b) herein,the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B.Method of Payment.On a monthly or no less than quarterly basis during any quarter in which WOrk is performed,the Consultant shall submit a voucher or invoice in a form specified by the City,including a description of what Work has been performed,the 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 performancedoes 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. E.Failure to Comply.In the event Consultant does not comply with affordability requirements in Exhibit A for the full term of the Agreement (twenty (20)years)for any unit,Consultant will be required to repay City the entire amount paid at then- current present value of money.This repayment provision shall survive termination or expiration of this Agreement. Termination:(RESERVED) 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 PAGE2 or 11 AGENDA ITEM #5. b) 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. Record Maintenance:The Consultant shall maintain accoUnts and records,which properly reflect all direct and indirect costs expended and Work provided in the performance ofthis Agreement and retain such records for as long as may be required by applicable Washington State records retentionlaws,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 expendituresand charges and/ortocomply with the Washingtdn State Public Records Act (Chapter 42.56 RCW).The provisions of this section shall survive the expiration or termination of this Agreement. Public Records Compliance:To the full extent the Citydetermines 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 ‘shallindemnify,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 containedtherein, 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. 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 ofthe 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 PAGESOF11 AGENDA ITEM #5. b) 10. 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. Consultantshall 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 ofan employer with respect to Consultant or any employee of the Consultant.' C.Ifthe Consultant is a sole proprietorship or ifthis Agreement is with an individual,the Consultant agrees to notify the City and complete any required form ifthe 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. 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 competentjurisdiction determine that this agreement is subject to RCW 4.24.115,(Validity of agreement to indemnify against liability for negligence relative to V 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. PAGE4 OF 11 AGENDA ITEM #5. b) 11. 12. 13. 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. City of Renton Business License:Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. information regarding acquiring a city business license can be found at: htt s:www.rentonwa“.ov Tax Information regarding State business licensing requirements can be found at: htt s:dor.wa.0v doin -business re ister-m —business Insurance:Consultant 'shall secure and maintain: A.Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B.In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services,Professional Liability,Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence."Professional Services",for the purpose of this section,shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C.Workers’compensation coverage,as required by the Industrial Insurance laws of the State of Washington,shall also be secured. D.Commercial Automobile Liabilityfor 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 PAGE5 OF 11 AGENDA ITEM #5. b) 14. 15. 16. 17. 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 oftheir receipt of such notice. 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. 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. 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. CITYOF RENTON CONSULTANT Matt Herrera,Planning Director Kathleen Hosfeld,Executive Director 1055 South Grady Way 412 Maynard Ave Renton,WA 98057 Seattle,WA 98104—2917 Phone:(425)430-6593 Phone:(206)323-1227 ext 113 E-mail Address:mherrera@rentonwa.gov E-mail Address: kathleen@homesteadclt.org 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 PAGE6 OF 11 AGENDA ITEM #5. b) 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 willtake 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 withall 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: A.Permits Reguired.Nothing in this Agreement is intended to,nor should be construed to,guarantee or promise the issuance of any required and/or applicable permits, licenses,or otherstatutory or regulatory requirements for the project to which this Agreement pertains. B.Subcontracts and Purchases: a.Schontract Defined."Subcontract”shall mean any agreement between Consultant and a subcontractor or between subcontractors that is based on this Agreement,provided that the term ”subcontract”does not include the purchase of support services not related to the subject matter of this Agreement,or supplies. b.Writing Reguired:Any work or services assigned or subcontracted hereunder shall be in writing in advance of work or services provided.Consultant agrees that it is as fully responsible to Renton for the acts and omissions of PAGE7 or 11 AGENDA ITEM #5. b) its subcontractors and their employees and agents,as it is for the acts and omissions of its own employees and agents. C.Debarred Contractors:Consultant shall not make any award to any contractor, which is debarred,suspended or excluded from participation in federal assistance programs under Executive Order 12549,entitled ”Debarment and Suspension.”The contractor shall certify that neither the contractor nor any member of the contractor’s development team is debarred,suspended or otherwise ineligible to participate in Federal Assistance programs under Executive Order 12549. D.No Benefit to Owners and Developers of Assisted Housing:No agency,developer or sponsor (or officer,employee,agent or consultant of the owner,developer or sponsor)whether private,for profit or nonprofit (including a community housing development organization (”CHDO”)when acting as an owner,developer or sponsor)may apply for or obtain assisted housing in the project unless agreed to in advance in writing by the Administrator of the Community and Economic Development Department,or any other City office,department or agency that shall succeed to its functions with respect to this Agreement,or his or her authorized designee.Nothing in this provision should be interpreted to preclude a Renton officer,employee,agent or consultant from applying for or obtaining assisted housing under this agreement,so long as the person is not an officer,employee, agent,consultant,contractor or subcontractor of Consultant. E.The City is not responsible to train or provide training for Consultant. F.Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. G.Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. H.In the event special training,licensing,or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/herown 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. |.This is a non—exclusiveagreement and Consultant is free to provide his/herWork to other entities,so long as there is no interruption or interference with the provision of Work called for in this Agreement. PAGE8 OF 11 AGENDA ITEM #5. b) 19. Consultant is responsible for his/her own insurance,including,but not limited to health insurance. Consultantisresponsible for his/herown Worker’s Compensation coverage as well as that for any persons employed by the Consultant. Other Provisions: A.Approval Authority.Each individual executing this Agreement on behalf of the City F. and Consultant represents and warrants that such individuals are.duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. General Administration and Management.The City’s project manager is Margarette Bravo,Permit Technician.In providing Work,Consultant shall coordinate with the City’s contract manager or his/herdesignee. Amendment and Modification.This Agreement may be amended only by an instrument in writing,duly executed by both Parties. Conflicts.In the event of any inconsistencies between Consultant proposals and this Agreement,the terms of this Agreement shall prevail.Any exhibits/attachmentsto this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement.To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose fOr which it is referenced,the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. 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. 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. .Jurisdiction and Venue.Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent,King County,Washington,or its replacement or successor.Consultant PAGE9 OF 11 AGENDA ITEM #5. b) hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H.Severability.A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement,which shall remain in full force and effect. I.Sole and Entire Agreement.This Agreement contains the entire agreement of the Parties and any representations or understandings,whether oral or written,not incorporated are eXcluded. J.Time is of the Essence.Time is ofthe essence of this Agreement and each and all of its provisions in which performance is a factor.Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K.Third-Party Beneficiaries.Nothing in this Agreement is intended to,nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties,and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L.Binding Effect.The Parties each bind themselves,their partners,successors,assigns, and legal representatives to the other party to this Agreement,and to the partners, successors,assigns,and legal representatives of such other party with respect to all covenants of the Agreement. M.Waivers.Allwaivers 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. **SIGNATUREPAGE TO FOLLOW ** PAGE10 OF 11 AGENDA ITEM #5. b) CITYOF RENTON CONSULTANT By:‘ —/8. Hon.-Armondo Pavone thleen Hosfel Mayor "Executive Director,CE 9 .A V i.//./Z 2g ,, "Date‘‘ L : 'Date _ "9'- Attest *" JasonA.Seth City Clerk , .r ‘Approved as to Legal Form By:. ' i -i“ M Patrice Kent Sr.Assistant City Attorney Contract Template Updated 5/21/2021(h/contract/2023/283I) PAGE11 OF 11 AGENDA ITEM #5. b) CITYOF RENTON HOUSING OPPORTUNITY FUND -Homestead Community Land Trust EXHIBITA. SCOPE OF WORK and BUDGET Funding Start Date: Dec 9,2024 Project Title:Willowcrest Townhomes Phase II 1132 Edmonds Ave.NE Renton WA 98056 LegalDescription. WILLOWCRESTTOWNHOMES BSP Plat Lot:1_ City Contact:MargaretteBravo,PlanningTechnician Funding Expenditure. D—ecember9,2027 Telephone:(425))—4306555 E-mail.mbravo@rentonwa.gov Homestead Contact Person:Kathleen Hosfeld,Executive Director Telephone:206-323-1227 x 113 E-mail:kathleen@_homesteadcltorg 1.BACKGROUND: In 2008,pursuant to Ordinance 5419,the City established a Housing Opportunity Fund (”HOF”) to support projects within City limits,which serve low-and/ormoderate-income household and/orspecial needs populations. Homestead Community Land Trust (”Homestead”)applied for use of the HOF for a new _ construction project identified as ”Willowcrest Townhomes Phase II”(Willowcrest II”),a development with a combination of market-rate and affordable housing.Willowcrest || proposes nineteen (19)new townhouse units. The Community &Economic Development Department,in cooperation with other Departments,has reviewed and agrees the project will increase the available supply of affordable homeownership for households earning not more than 80%of King County median income as established by the US Department of Housing and Urban Development (”HUD”) within City limits.The City and Homestead have successfully partnered in the past to use HOF funds to increase the available supply of affordable homeownership within City limits (CA6 20- 033). 2.PROJECT SCOPE: Of the nineteen (19)housing units proposed for Willowcrest ll,Homestead agrees that fifteen (15)housing units will be maintained as affordable home ownership units for a period of not less than twenty (20)years,through December 9,2044.For the purposes of this agreement, ”affordable”means that home ownership will be limited to those households at or below eighty Page 1 of 2 AGENDA ITEM #5. b) percent (80%)Area Median Income as established by HUD for the Renton area,at the time of purchase. In the event affordability is not maintained as noted above,Homestead will repay the entire amount paid under this agreement at the then-occurring current value of money (i.e.,if payment is rendered to Homestead on January 15,2025 and breach occurs on January 15,2040 then Homestead will repay the City the value of 2025 dollars in 2040 dollars). 3.ALLOWABLECOSTS: Homestead will be reimbursed for the following construction costs of Willowcrest ll,up to the following limits,in accordancewith the intentand requirements ofthe HOF as it was established under Ordinance 5419: Budget Tasks TASK 1:$50,000 Architectural &Engineering » TASK 2:1 $50,000 Construction Contracts - Total $100,000 :‘f‘JOLl‘Si?l/J(Imam "‘svin'itizt:('msz i'uv..«.ln:‘m::nzes Phi-355'H Page 2 Of2 AGENDA ITEM #5. b) AGENDA ITEM #5. b) October 6, 2023 Hannah Bahnmiller, Acting Community Development and Housing Manager City of Renton, Department of Community & Economic Development 1055 S. Grady Way, 6th Floor Renton, WA 98057 SUBJECT: Willowcrest Phase II HOF Request Homestead Community Land Trust is requesting an award in the amount of $100,000 from the City of Renton Housing Opportunity Fund for the development of the second phase of the Willowcrest Townhomes development. In January 2023 Homestead took ownership of the remaining RHA property to the West of the first phase Willowcrest Townhomes. Funding applications have been submitted to King County and the Washington State Housing Trust Fund. As the Willowcrest Phase II project nears full funding the project design and engineering team is preparing to submit a building permit application before the end of this year. Willwocrest Townhomes Phase II will add 19 new homes to the Sunset neighborhood, 14 of which will be sold to households below 80% of Area Median Income, and be kept permanently affordable under the land trust model. The 12 townhomes constructed in the first phase had 3 to 4 interested and qualified buyers each. As rewarding as it was to provide homeownership opportunities to those 12 families, it was disappointing to have to turn away so many other qualified buyers due to the limited number of homes available. The Phase I development has received widespread praise and recognition for its design and sustainability. With the generous donation of the adjacent property by RHA Homestead is excited to have the opportunity to build 19 more homes to help meet the needs of the community. The second phase of Willowcrest will be designed to expand on and integrate the common area spaces and sense of community created in the first phase. The new homes will be a mix of 2 and 3 bedroom townhomes. A new community garden will be constructed that will serve the households in both phases of the Willowcrest community. The support provided by the City of Renton has been invaluable in making the first phase of the Willowcrest Townhomes development a reality. And we look forward to continuing that partnership in the second phase of Willowcrest. The City of Renton’s award of HOF funds to the second phase will help us deliver 14 new permanently affordable townhomes to the Sunset neighborhood of Renton by the end of 2025. AGENDA ITEM #5. b) Thank you for your continued support of the work Homestead is doing, and please let me know if you have any questions or need additional documentation. Sincerely, E.W. Pravitz Eric Pravitz Director of Real Estate Development Homestead Community Land Trust AGENDA ITEM #5. b) AB - 3709 City Council Regular Meeting - 02 Dec 2024 SUBJECT/TITLE: Allocation of Lodging Tax Funding for 2025 RECOMMENDED ACTION: Refer to Committee of the Whole DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Amanda Free, Economic Development Acting Director EXT.: x7369 FISCAL IMPACT SUMMARY: Expenditure Required: $550,000 SUMMARY OF ACTION: The Lodging Tax Advisory Committee convened in August to endorse and establish a timeline for the application process. The application deadline was set for October 18, 2024, resulting in the receipt of twenty- nine applications, collectively seeking $1,428,832 in funding. The Lodging Tax Advisory Committee proposes that Renton City Council approve 2025 expenditures from the Lodging Tax Fund as follows: AmPowering - Festival of Lights & Joy with Dandiya - $15,000 AmPowering - Global Women Festival 2025 - $15,000 AmPowering - North America Fashion Week - $15,000 City of Renton - Economic Development Division - Renton Community Marketing Campaign - $100,000 City of Renton - Recreation Division - Renton Farmers Market - $5,000 City of Renton - Recreation Division - Renton River Days - $10,000 City of Renton - Renton Municipal Arts Commission - Renton Summer Music Showcase - $25,000 Dawa Project - Northwest Naturals Expo - $5,000 Elevate PR Management - Black Makers and Creatives - $10,000 Emerald Dynasty Entertainment - Renton Multicultural Festival - PolyFest 2025 - $50,000 Evergreen City Ballet - Evergreen City Ballet International Dance Festival - $10,000 Ground Zero Ministries - Ground Zero Ministries & Cater 4 You Culinary Camp - $20,000 HighSchool.GG – RAVE Pickleball - $10,000 King County Justice Alliance - Black History Month - $5,000 King County Justice Alliance - Juneteenth Festival - $5,000 Latinos Unidos - Hispanic Heritage Festival - $10,000 Mongolian cultural center - Education, Efficiency and Effectiveness TedX- $5,000 Professional Women of Color Network - PWOCN Career & Business Summit - $5,000 Puget Sound Educational Service District - Transforming Math Education Begins in Renton - $50,000 Randall Morris Foundation for Youth & FamiliesRandall Morris Foundation Coaching Clinic - $5,000 Randall Morris Foundation for Youth & FamiliesRandall Morris Foundation - $30,000 Renton Chamber of Commerce - Renton Visitors Center - $75,000 Renton Civic Theatre - Broadway in Renton Series - $10,000 Renton Downtown Partnership - Renton Uncovered - $10,000 AGENDA ITEM #5. c) Renton Rotary - Renton Rotary Rubber Ducky Race - $5,000 Sadhana - Art 2 Master East Meets West - $5,000 Seattle TISI Sangam - 2025 USA Sangam Convention - $25,000 Voice of Planet- Renton Color Festival - $5,000 Voice of Planet (Miss World USA) - Miss World America Pageant$10,000 Total Recommendation: $550,000 EXHIBITS: A. Issue Paper_2025 LTAC Allocations B. 2025 LTAC Applicant Summary STAFF RECOMMENDATION: Authorize the allocations for the 2025 Lodging Tax Fund, following the recommendations of the Lodging Tax Advisory Committee, and grant authorization to the Mayor and City Clerk to execute contracts with successful applicants for the implementation of proposed additional marketing initiatives. AGENDA ITEM #5. c) DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: November 21, 2024 TO: Ed Prince, Council President Members of Renton City Council CC: Armondo Pavone, Mayor FROM: Gina Estep, CED Administrator ((206) 305-3615) STAFF CONTACT: Jessie Kotarski (x7271) SUBJECT: Allocation of Lodging Tax Funding for 2025 ISSUE The question at hand is whether to allocate Lodging Tax funds to applicants for supporting tourism marketing and operations, as proposed by the Renton Lodging Tax Advisory Committee (LTAC). RECOMMENDATION It is recommended to endorse the Lodging Tax Advisory Committee's suggestion to allocate $550,000 in lodging tax funding for the year 2025, as outlined in the attached matrix and summarized below. Staff recommends granting authorization to the Mayor and City Clerk to execute contracts with successful applicants for the allocation of budgeted funds towards the proposed additional marketing initiatives detailed below. BACKGROUND SUMMARY Pursuant to RCW 67.28.1817, the City of Renton has established the Lodging Tax Advisory Committee to recommend lodging tax fund allocations to the Renton City Council. The Committee, chaired by Councilmember Alberson, includes Cathy Martinez from Legacy Hospitality (Hampton), Scott Lane from Hyatt Regency Lake Washington at Seattle’s Southport, and Menka Soni from AmPowering. Per the statute, the Council can select recipients and award amounts solely from the candidates and recommended sums provided by the local lodging tax advisory committee. Council has the discretion to fund all, some, or none of the candidates on the list proposed by the LTAC. The Lodging Tax Advisory Committee convened on July 29, 2024, to approve and establish a timeline for funding through the 2025 Lodging Tax application process. Applications were made available online on August 16, 2024, with the deadline for submission set for October 18, 2024. A total of twenty-nine applications were received. AGENDA ITEM #5. c) Ed Prince, Council President Page 2 of 2 November 21, 2024 Following presentations from qualified applicants on November 9, 2023, the Committee held a debriefing session post-interview to finalize its recommendations. The Lodging Tax Advisory Committee recommends Renton City Council approve 2024 expenditures from the Lodging Tax Fund as follows: AmPowering - Festival of Lights & Joy with Dandiya - $15,000 AmPowering - Global Women Festival 2025 - $15,000 AmPowering - North America Fashion Week - $15,000 City of Renton - Economic Development Division - Renton Community Marketing Campaign - $100,000 City of Renton - Recreation Division - Renton Farmers Market - $5,000 City of Renton - Recreation Division - Renton River Days - $10,000 City of Renton - Renton Municipal Arts Commission - Renton Summer Music Showcase - $25,000 Dawa Project - Northwest Naturals Expo - $5,000 Elevate PR Management - Black Makers and Creatives - $10,000 Emerald Dynasty Entertainment - Renton MultiCultural Festival - PolyFest 2025 - $50,000 Evergreen City Ballet - Evergreen City Ballet International Dance Festival - $10,000 Ground Zero Ministries - Ground Zero Ministries & Cater 4 You Culinary Camp - $20,000 HighSchool.GG – RAVE Pickleball - $10,000 King County Justice Alliance - Black History Month - $5,000 King County Justice Alliance - Juneteenth Festival - $5,000 Latinos Unidos - Hispanic Heritage Festival - $10,000 Mongolian cultural center - Education, Efficiency and Effectiveness TedX- $5,000 Professional Women of Color Network - PWOCN Career & Business Summit - $5,000 Puget Sound Educational Service District - Transforming Math Education Begins in Renton - $50,000 Randall Morris Foundation for Youth & Families Randall Morris Foundation Coaching Clinic - $5,000 Randall Morris Foundation for Youth & Families Randall Morris Foundation - $30,000 Renton Chamber of Commerce - Renton Visitors Center - $75,000 Renton Civic Theatre - Broadway in Renton Series - $10,000 Renton Downtown Partnership - Renton Uncovered - $10,000 Renton Rotary - Renton Rotary Rubber Ducky Race - $5,000 Sadhana - Art 2 Master East Meets West - $5,000 Seattle TISI Sangam - 2025 USA Sangam Convention - $25,000 Voice of Planet- Renton Color Festival - $5,000 Voice of Planet (Miss World USA) - Miss World America Pageant $10,000 Total Recommendation: $550,000 These proposed expenditures fall below the projected fund balance in the 2024-2025 lodging tax fund. Staff commends the Committee for their comprehensive review of each application and confirms that their recommendations align with the goals of the City’s Business Plan and Economic Development Strategic Plan. AGENDA ITEM #5. c) Name of your organization Project or Event Title List the beginning date of your project Project Summary Funding Amount  requested Funding  Recommendation 1 AmPowering Festival of Lights & Joy with Dandiya Saturday, September 6, 2025 The "Festival of Light & Joy with Dandiya" is a cultural celebration inspired  by Diwali, Garba, and Dandiya, aimed at promoting diversity, improving  tourism, and raising funds for Renton's homeless communities. Following  two successful years in Seattle with over 3,000 attendees in 2023 and  1,500 in 2024, the event will feature cultural performances, traditional  attire, live music, and community dancing in an outdoor venue in summer  2025. A portion of the proceeds will support homeless initiatives in  Renton, combining celebration with social responsibility. $30,000 $15,000 2 AmPowering Global Women Festival 2025 Saturday, December 6, 2025 The Global Women Festival 2025, celebrating its 13th year and 10th in  Renton, empowers women by honoring leaders and emerging talents  through the Global Women Leadership Awards and Women of Substance  Awards. The event also includes the Mrs. Universe America and Global Asia  pageants, attracting global participants and attention. $40,000 $15,000 3 AmPowering North America Fashion Week Saturday, September 20, 2025 The North America Fashion Week (NAFW) is an inclusive fashion event  organized by the nonprofit AmPowering. It celebrates diversity, featuring  over 700 models and 100+ designers from the U.S. and abroad, with no  restrictions on age, gender, or background. NAFW promotes sustainability  and supports small businesses while raising awareness for humanitarian  causes. $40,000 $15,000 4 City of Renton ‐ Economic Development Division Renton Community Marketing Campaign Wednesday, January 1, 2025 The 2025 Renton Community Marketing Campaign aims to position Renton  as a top destination for tourism, arts, culture, and local business in  preparation for the 2026 World Cup. The campaign will use an upgraded  website, social media, influencer partnerships, and digital ads to boost  tourism, support local businesses, and highlight Renton's role in the World  Cup. Collaborations with local hotels and travel packages will enhance  visitor experiences, driving economic growth and establishing a lasting  tourism legacy.$100,000 $100,000 5 City of Renton ‐ Recreation Division Renton Farmers Market Tuesday, June 3, 2025 The 2025 Renton Farmers Market (RFM) will be held every Tuesday from 3  PM to 7 PM, starting June 3rd and running through September 30th.  Featuring 60+ local vendors, the market will offer a variety of products,  including fruits, vegetables, flowers, honey, meat, dairy, eggs, baked  goods, and artisan goods. RFM will also include live entertainment, cooking  demonstrations, gardening advice, and community information, making it  a premier community event celebrating 24 years of operation.$10,000 $5,000 6 City of Renton ‐ Recreation Division Renton River Days Wednesday, July 23, 2025 Renton River Days is a summer festival celebrating local music, art, food,  and entertainment since 1986. Held at Cedar River Park, Liberty Park, and  the Renton Community Center, it features family‐friendly activities like a  drone show, parade, cultural performances, food vendors, and a craft beer  garden. Sanctioned events, including the Renton Rotary Rubber Ducky  Derby and Renton Lions Club Pancake Breakfast, add to the fun. Promoted  through various media, the festival partners with local businesses and  nonprofits and expects 25,000 attendees.$30,000 $10,000 AG E N D A I T E M # 5 . c ) 7 City of Renton ‐ Renton Municipal Arts Commission Renton Summer Music Showcase Thursday, July 10, 2025 This initiative aims to elevate existing programs, enhance Renton’s music  scene, attract visitors, and increase overnight stays through diverse, high‐ quality performances. Partnering with local hotels will enrich the visitor  experience and promote Renton as a vibrant hub for the creative economy.  Funding will secure renowned and emerging artists, promote the event,  and enhance the overall visitor experience.$100,000 $25,000 8 Dawa Project Northwest Naturals Expo Friday, April 18, 2025 The Northwest Naturals Expo is a community event celebrating natural  health, beauty, and wellness, marking its 9th year in Renton. The event  spans three days and includes a Networking Soiree, a vendor marketplace,  entertainment, and a closing brunch. Youth involvement features  performances showcasing local talent, and a hair competition encourages  local salons and beauticians to compete for the title of 'Best in the  Northwest.' As the event approaches its 10‐year milestone, efforts are  focused on creating memorable experiences for attendees, vendors, and  participants alike.$25,000 $5,000 9 Elevate PR Management Black Makers and Creatives Friday, February 14, 2025 This event will honor Black excellence in the arts through a vibrant  gathering showcasing diverse performances, including music, dance,  spoken word, and a fashion showcase by talented Black artists. An art  exhibition will feature works from local Black artists with the theme  "Nebula," exploring celestial‐themed artworks related to identity,  spirituality, and the universe. The celebration aims to highlight the  resilience and creativity of Black artistry and its impact on our shared  history and future.$21,500 $10,000 10 Emerald Dynasty ENT., LLC. Renton MultiCultural Festival  PolyFest 2025 Friday, August 1, 2025 The Multicultural Festival, which began during the Aloha Friday festivities  organized by the Renton Chamber of Commerce, is celebrating its 8th year,  with its second year in collaboration with the City of Renton. The goal is to  host the festival in Renton again in 2026, leveraging the success and  reputation of past Poly Festivals to align with and expand the vision of the  City of Renton’s Multicultural Festival.$85,000 $50,000 11 Evergreen City Ballet Evergreen City Ballet International Dance Festival Friday, March 28, 2025 From March 28th to 30th, the Evergreen City Ballet will host its inaugural  International Dance Festival in Renton. The three‐day event will feature  master classes led by expert instructors in various dance styles, including  Classical Ballet, Contemporary, Afro Dance, Classical Indian Dance,  Flamenco/Spanish, and Hip Hop. Additionally, there will be performances  on Saturday and Sunday evenings at the Renton Ikea Performing Arts  Center, showcasing participating groups to an audience of visitors, friends,  families, and the local community.$15,000 $10,000 12 Ground Zero Ministries Ground Zero Ministries & Cater 4 You Culinary Camp Thursday, February 20, 2025 The Quarterly Culinary Camp aims to provide hands‐on training for  individuals interested in the food, beverage, and hospitality industry. This  three‐day camp will accommodate up to 20 attendees and will feature  partnerships with local restaurants, hotels, and hospitality professionals.  Participants will receive training in customer service, cooking, serving, and  safety, culminating in an evening reception prepared and served by the  attendees. The camp will also facilitate connections with potential  employers through existing industry partnerships, enhancing career  opportunities for participants.$40,000 $20,000 13 HighSchool. GG Renton City Retro Saturday, August 17, 2024  RAVE Pickleball Experience at Liberty Park, set for late spring or early  summer, will be a glowing nighttime event with illuminated courts, lively  music, and food trucks. Open to all skill levels, it aims to bring the  community together for a unique and energetic celebration of Renton’s  recreation spirit.$75,000 $10,000 AG E N D A I T E M # 5 . c ) 14 King County Justice Alliance Juneteenth Festival Saturday, June 28, 2025 The Juneteenth Festival celebrates the emancipation of enslaved African  Americans, featuring live performances, workshops, and a marketplace for  local artists and vendors, fostering community engagement and support  for Black‐owned businesses. Concurrently, the Art in Bloom exhibit  showcases local artists in an outdoor setting, enhanced by whimsical  chandelier lamps. This immersive experience includes art installations, a  dining event under the stars, interactive activities, and live music,  promoting connection to nature and cultural appreciation.$37,000 $5,000 15 King County Justice Alliance Black History Month Friday, January 31, 2025 "Disco Inferno" is an event celebrating African American contributions to  music and culture in the 1970s, featuring a dance party with classic tracks  and an interactive installation on the era's history. The accompanying  educational forum will highlight black history in Renton, engage  community leaders in discussions on social justice, and encourage  participation through workshops. Together, these events aim to enhance  understanding of African American culture and promote community  engagement.$20,000 $5,000 16 Latinos Unidos Hispanic Heritage Festival Saturday, September 20, 2025 The Inaugural Hispanic Heritage Festival aims to promote unity,  empowerment, and cultural pride within the Hispanic community in  Washington State. This festival reflects a commitment to celebrating  Hispanic culture while contributing to economic growth in the City of  Renton for over 40 years.$100,000 $10,000 17 Mongolian cultural center Education, Efficiency and Effectiveness Saturday, February 1, 2025 The Mongolian Cultural Center, established in January 2024, promotes  Mongolian culture and studies among high and middle school students. In  February 2025, the center will host a TedX event at the Ikea Performing  Arts Center, featuring 35 student ambassadors presenting projects and  speeches on "Education, Efficiency, and Effectiveness." The event will  engage 200 attendees, with funding covering event costs, student lodging,  and transportation.$16,500 $5,000 18 Professional Women of Color Network PWOCN Career & Business Summit Friday, October 17, 2025 The Professional Women of Color Network (PWOCN) Career and Business  Summit is designed to empower and connect women of color pursuing  career advancement and entrepreneurial success. The event will feature  expert panels, workshops, and networking opportunities focused on  practical strategies for professional development, business growth, and  leadership. $30,000 $5,000 19 Puget Sound Educational Service District Transforming Math Education Begins in Renton Monday, June 30, 2025 The 3rd Annual Building Thinking Classrooms Conference is proposed to be  hosted in Renton, bringing together over 1,000 educators from across the  nation and world to share innovative practices in math education. Renton,  with its dynamic business growth and strong link between education and  workforce readiness, serves as an ideal location for the event. This  conference will inspire educators and highlight the region’s educational  and economic development. Collaboration on marketing and promotion is  anticipated to foster innovative teaching and showcase Renton's unique  charm and attractions.$80,000 $50,000 AG E N D A I T E M # 5 . c ) 20 Randall Morris Foundation for Youth & Families Randall Morris Foundation Sunday, September 7, 2025 The Randall Morris Foundation will host its 19th Annual Celebrity  Gala/Auction on September 7th at the Hyatt Regency Lake Washington,  followed by a Celebrity Golf Invitational on September 8th at Fairwood  Golf and Country Club. The event is expected to attract out‐of‐town guests,  increasing local hotel occupancy through both organic stays and a  contracted room block. The gala will include a dinner and auction, while  the golf tournament will take place the following day. Local businesses will  benefit from the event through hotel accommodations, restaurant meals,  catering, transportation, advertising, and sponsorship opportunities. $80,000 $5,000 21 Randall Morris Foundation for Youth & Families Randall Morris Foundation Coaching Clinic Friday, October 17, 2025 2‐Day Youth Football Coaching Clinic aims to equip aspiring coaches with  essential skills and knowledge to effectively train young athletes. $25,000 $30,000 22 Renton Chamber of Commerce Renton Visitors Center Wednesday, January 1, 2025 Operations of the Visitors Center in Renton $168,832 $75,000 23 Renton Civic Theatre Broadway in Renton Series Wednesday, January 1, 2025 In its 2025 season, Renton Civic Theatre (RCT) will launch a series of  performances featuring 23 popular Broadway musicals. Each musical will  include preshow talks or postshow Q&As with actors, designers, and  directors. This initiative aims to attract theater enthusiasts from across the  region, including Seattle, Tacoma, and beyond.$50,000 $10,000 24 Renton Downtown Partnership Renton Uncovered Saturday, February 1, 2025 This project aims to utilize a local photographer/videographer to capture  and share the unique story of downtown Renton, highlighting its assets  and attractions. With the World Cup bringing increased attention to the  Greater Seattle area, this campaign will promote why visitors should  explore downtown Renton. The goal is to uncover and showcase the city's  offerings, enhancing its visibility and appeal to both locals and tourists.$25,000 $10,000 25 Renton Rotary Renton Rotary Rubber Ducky Race Saturday, July 26, 2025 A fundraiser at the Renton River Days Festival that attracts participants  from within and outside a 50‐mile radius. The 2025 marketing plan focuses  on hotel involvement to promote weekend getaways. 80% of funds raised  are reinvested back into the Renton community. The event features  hundreds of rubber duckies racing in the Cedar River.$5,000 $5,000 26 Sadhana Art 2 Master  East Meets West Sunday, June 1, 2025 The "Art 2 Master" initiative offers free master art classes for everyone,  featuring in‐person and virtual sessions in dance, art, singing, theater, and  crafts. Renowned master artists are invited to teach, making art accessible  regardless of skill level or background. The program also showcases master  artists alongside local talents from the workshops. Notable participants  include Indian dancer Rukmini Vijaykumar and the Battery Dance from NY.  For more details, visit Art 2 Master Workshop and Showcase.$15,000 $5,000 27 Seattle TISI Sangam 2025 USA Sangam Convention Friday, May 23, 2025 Seattle Sangam hosts annual events to promote education and culture. In  2022, it successfully held the Fiji Festival with Renton LTAC support. Over  Memorial Day weekend in 2025, the organization will host a three‐day  National USA Sangam Festival featuring sporting, multicultural, and  educational activities, expecting 1,500 attendees, including local and out‐of‐ state guests. The event will involve about 150 hotel room nights and will  require rental of playing fields and banquet facilities. Marketing will  include social media, community newspapers, and partnerships with local  businesses.$40,000 $25,000 AG E N D A I T E M # 5 . c ) 28 Voice of Planet Renton Color Festival Sunday, December 1, 2024 Voice of Planet, in partnership with Renton Parks and Recreation, is  hosting the Festival of Colors/Holi Festival to celebrate unity, diversity, and  the arrival of spring. The event will feature a color throwing ceremony, live  performances, food trucks, and activities for all ages. Scheduled for mid‐ March at a TBD location, the festival aims to promote cultural  understanding, foster community spirit, and showcase local talent. It is  expected to draw tourists and provide an economic boost to local  businesses while strengthening community bonds and celebrating cultural  diversity.$25,000 $5,000 29 Voice of Planet (Miss World USA) Miss World America Pageant Saturday, October 4, 2025 The Miss World America 2025 pageant is set to take place in Renton,  Washington, on October 5, 2023, showcasing contestants from across the  U.S. Each participant will present their "Beauty with a Purpose" project,  focusing on positive societal impact.  Hosting the pageant will generate  economic and social benefits for Renton, attracting visitors, increasing  media coverage, and providing opportunities for local businesses. $100,000 $10,000 $1,428,832 $550,000 AG E N D A I T E M # 5 . c ) AB - 3695 City Council Regular Meeting - 02 Dec 2024 SUBJECT/TITLE: Renewal of Liability Insurance Policies for 2025 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Human Resources / Risk Management Department STAFF CONTACT: Kim Gilman, Interim Administrator EXT.: 7655 FISCAL IMPACT SUMMARY: The actual quote is not yet available but will be provided to Finance Committee at the December 9 committee meeting. The amount budgeted is $917,004.85. With the anticipated increase in premium, a budget adjustment may be done in 2025. SUMMARY OF ACTION: Council approval is requested for renewal of the City’s Liability Insurance for the period of January 1, 2025 – January 1, 2026. This renewal includes excess liability (including law enforcement), excess workers’ compensation, and liability coverage for the airport, unmanned aircraft (drones), and underground storage tanks (UST). Liability insurance premiums in 2024 totaled approximately $917,000. The City anticipates a smaller increase in premium for this renewal then in recent years, although the scarcity of insurers in the public entity market still poses some market challenges. Quotes for coverage may come back for the City's review as late as December 9. Rates are secured through a third-party broker who was approved by Council in 2015, Alliant Insurance Services. Factors determining premiums include market conditions, the City’s loss run history, levels of coverage, and the City’s self- insured retention. Upon approval by Council, the City will bind insurance policies through Alliant. EXHIBITS: n/a STAFF RECOMMENDATION: Approve the city's 2025 liability insurance renewal and authorize the Mayor and City Clerk to sign the implementing documents when ready. AGENDA ITEM #5. d) AB - 3711 City Council Regular Meeting - 02 Dec 2024 SUBJECT/TITLE: Agreement for Hazardous Materials/Encampment Cleanups Using State Master Contract #09321 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Parks & Recreation Department STAFF CONTACT: Cailin Hunsaker, Parks and Trails Director EXT.: 6606 FISCAL IMPACT SUMMARY: On-call hazardous materials and encampment clean up services will pay up to $235,000 to Clean Harbors Environmental Services, Inc. This budget is carry-over from salary savings in 2024 from three positions in the Parks Maintenance program of the Parks and Recreation Department. SUMMARY OF ACTION: City of Renton entered into the State Master Contracts Usage Agreement (MCUA) #21725 authorizing the use of State Contracts and, through competitive bid process Washington State Department of Enterprise Services (DES) awarded Contract #09321 that provides for emergency response and hazardous materials land-based cleanup and Related Services (NASPO) including removal, recycling, disposal and incineration services. Clean Harbors Environmental Services, Inc is a listed and participating Contractor for Contract #09321. This agreement may be renewed for two (2) additional one (1) year periods. In line with the 2024-2029 Renton Business Plan, this program supports the City's mission and dedication to providing a safe, healthy and vibrant community. EXHIBITS: A. Master Non-Exclusive On-Call Small Public Works Agreement for Hazardous Materials/Encampment Cleanups Using State Mater Contract #09321 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to approve the authorization by the Mayor and City Clerk to execute the Master Non-Exclusive On-Call Small Public Works Agreement for Hazardous Materials/Encampment Cleanups Using State Master Contract #09321 with Clean Harbors Environmental Services, Inc. to December 31, 2025. AGENDA ITEM #5. e) PAGE 1 OF 15 THIS AGREEMENT (“Agreement”) is made as of the day of , 2024, (the “Effective Date”) by and between the City of Renton, a Washington State municipal corporation (“City”), through its State Master Contract 09321 and Clean Harbors Environmental Services, Inc., (“Contractor”), who are collectively referred to as the “Parties”, to perform emergency response and hazardous materials land-based cleanup, and related recycling, disposal and incineration as necessary where encampment sites occur throughout the city jurisdiction. WHEREAS, the City has entered into the State Master Contracts Usage Agreement (MCUA) #21725 authorizing the use of State Contracts; and, WHEREAS, through competitive bid process Washington State Department of Enterprise Services (DES) awarded Contract #09321 that provides for emergency response and hazardous materials land-based cleanup and Related Services (NASPO) including removal, recycling, disposal and incineration services; and, WHEREAS, Contractor is a listed and participating Contractor for Contract #09321. 1. Scope of Work: Contractor agrees to provide non-exclusive, on-call, land-based and water- based debris removal and disposal, incineration or recycling services as specified in Exhibit “A” which is attached and incorporated herein and may be referred to as the “Work.” Specific Work is to be assigned as INVOICED WORK ORDERS needed under this agreement by the project managers. Site Conditions: City shall endeavor to provide full and complete information regarding the site, surface and subsurface conditions, utility locations, site ownership, contractor access, hazardous materials or wastes and other substances or hazards likely to be present and any other reports, documentation, plans, maps, drawings, or other information concerning the site or Scope of Work which may reasonably be provided to Contractor. City shall communicate to Contractor all special hazards or risks known to the Customer that are related to the performance of the Services pursuant to this Agreement. City represents and warrants to Contractor that City has the requisite legal right, title, and interest necessary to provide access to the project site. Contractor shall not be liable for: (i) damage or injury to any subsurface structures (including, but not limited to, utilities, mains, pipes, tanks, and telephone cables) or any existing subsurface conditions, or the consequences of such MASTER NON-EXCLUSIVE ON-CALL SMALL PUBLIC WORKS AGREEMENT FOR HAZARDOUS MATERIALS/ ENCAMPMENT CLEAN UPS Using State Master Contract #09321 CAG- - AGENDA ITEM #5. e) PAGE 2 OF 15 damage or injury, if such structures or conditions were unknown and were not identified or shown, or were incorrectly shown, in information or on plans furnished to or obtained by Contractor in connection with the Work; (ii) concealed conditions encountered in the performance of the Work; (iii) concealed or unknown conditions in an existing structure at variance with the conditions indicated by the Scope of Work or information furnished to or obtained by Contractor; or (iv) unknown subsurface physical conditions that differ materially from those ordinarily encountered. Should Contractor encounter such conditions, the parties shall agree on a revised Scope of Work providing for an equitable adjustment of the price and/or time of performance to account for such unknown or changed conditions. 2. Changes in Scope of Work: City, without invalidating this Agreement, may order changes to the Scope of Work consisting of additions, deletions or modifications, the Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes in the work shall be authorized by written Change Order or Amendment signed by the Parties. 3. Time of Performance/ Term of Agreement/ Renewal: A. Contractor shall commence performance of the Agreement pursuant to the schedules set forth in an invoice. The Term of this Agreement is one year: All Work shall be performed not later than December 31, 2025. B. This Agreement may be renewed for two (2) additional one (1) year periods. * note the Prevailing Wage Rate update in Paragraph 5. A. C. This Agreement may be extended for less than one year to accomplish an existing INVOICED WORK ORDERS, if required, upon mutual written agreement of City and Contractor. 4. Compensation: A. Amount. Total compensation to Contractor for Work for ALL ON-CALL INVOICED WORK ORDERS cumulatively provided pursuant to this Agreement shall not exceed two hundred and thirty-five thousand dollars and no cents ($235,000.00), including 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” of attached Contract #09321 (Exhibit “A”) – Prices for Goods/Services. The work will be ordered as needed per ON-CALL INVOICED WORK ORDER and there is no guaranteed minimum amount to be paid under this Agreement. The Contractor 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” of attached Contract #09321 (Exhibit “A”). Except as specifically provided herein, the Contractor shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. AGENDA ITEM #5. e) PAGE 3 OF 15 B. Method of Payment. For each ON-CALL INVOICED WORK ORDER, on a monthly or no less than quarterly basis during any quarter in which Work is performed, the Contractor 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 Contractor 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 of the voucher or invoice. If the Contractor’s performance does not meet the requirements of this Agreement, the Contractor 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 Contractor for failure of the Contractor to perform the Work or for any breach of this Agreement by the Contractor. 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. In the event that sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, City shall notify Contractor of this fact prior to initiating any Work Order for which funding would not be appropriated or allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Prevailing Wage/ Method of Payment/ Retainage/ Bonding: Payment by the City for the Work will only be made after the Work has been performed and a voucher or invoice is submitted in a form reasonably acceptable to the City. A. Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the beginning of the project and at the beginning of each calendar year and an Affidavit of Wages Paid at the end of each calendar year and at the end of the project with the Washington State Department of Labor and Industries. *Final payment will be held until Affidavit of Wages Paid is submitted for each period/calendar year or end of project. The State of Washington prevailing wage rates applicable for this project, which is located in King County, may be found at the following website address of the Department of Labor and Industries: AGENDA ITEM #5. e) PAGE 4 OF 15 http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp Pursuant to WAC 296-127-011, the applicable effective date for prevailing wage rates paid for the duration of this contract shall be the date the contract is executed as reflected in the “Effective Date” identified at the top of the first page of this Agreement and upon the “Effective Date” of each renewal. (*Note Prevailing Wages for this agreement will update to the then current Prevailing Wages rate for the effective date of each one year renewal.) Upon request, the City will provide a copy of the applicable prevailing wages for this project. Alternatively, the rates may be viewed at the City of Renton City Hall by making an appointment with the contact person identified herein or prior to contract award with the contact person identified as the City of Renton contact in Paragraph 14 Notices of this agreement. B. For Agreements over $150,000: Pursuant to RCW 60.28 and 39.08 the City requires a 5% Retainage be withheld and that the Contractor will provide a Performance and Payment (Contract) Bond on the City approved form upon execution of the Agreement. Payment of the initial 95% will be made in the next pay cycle of the City Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining 5% will be retained for the purpose of completion of the project and fulfillment of claims and liens. C. For Agreements under $150,000 Pursuant to RCW 60.28 and 39.08 the City requires a 5 % Retainage be withheld and that the Contractor will provide either a Performance and Payment (Contract) Bond on the City approved form upon execution of the Agreement or waive the payment and performance bond and instead the City will retain 10%. Payment of the initial 95% will be made in the next pay cycle of the City Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining 5% will be retained for the purpose of completion of the project and fulfillment of claims and liens. (Unless the contractor waives the payment and performance bond below and opts for a 10% retainage below.) Contractor must pick one – if contractor does not pick one then 5% with contract bond is required: To provide a payment and performance bond (contract bond) in the amount of 100% of the estimate including taxes with a 5% retainage, or To waive a payment and performance bond (contract bond) and instead AGENDA ITEM #5. e) PAGE 5 OF 15 the city will retain the remaining 10% will be retained for the purpose of completion of the project and fulfillment of claims and liens. D. City shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. E. Final Acceptance. Final Acceptance of the Project of an ALL ON-CALL INVOICED WORKORDERS when the City has determined that the Project is one hundred percent (100%) complete and has been completed in accordance with the Plans and Specifications. 6. Termination: A. Either party reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the other party 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 Contractor 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 Contractor 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 Contractor 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. 7. Hold Harmless: Contractor shall indemnify, defend and hold harmless City, its elected officials, officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys’ fees, legal expenses and litigation costs, arising from injury or death to persons, including injuries, sickness, disease or death of Contractor’s own employees, agents and volunteers, or damage to property caused by Contractor’s negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by City and its officers, agents, employees and volunteers. 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 AGENDA ITEM #5. e) PAGE 6 OF 15 contractor and City, its officers, officials, employees and volunteers, Contractor’s liability shall be only to the extent of Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Contractor’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. 8. Insurance: Contractor shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. 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 Contractor’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. It is agreed that on Contractor’s commercial general liability policy, the City of Renton will be named as an Additional Insured on a non-contributory primary basis. City’s insurance policies shall not be a source for payment of any Contractor liability. F. Subject to City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to City before executing the work of this Agreement. G. Contractor shall provide City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. H. Additional Insurance if marked as “Required” by City or may be added as needed for a particular ON-CALL INVOICED WORKORDER: 1. ☐ Required. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub-contractors in the work. Builders Risk AGENDA ITEM #5. e) PAGE 7 OF 15 insurance shall be on a special perils policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, and collapse. The Builders Risk insurance shall include coverage for temporary buildings, debris removal and damage to materials in transit or stored off-site. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. 2. X Required. Contractors Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. Contractors Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Contractors Pollution Liability shall cover bodily injury, property damage, cleanup costs and defense including costs and expenses incurred in the investigation, defense, or settlement of claims. If the Contractors Pollution Liability insurance is written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under the contract is completed. The City shall be named by endorsement as an additional insured on the Contractors Pollution Liability insurance policy. If the scope of services as defined in this contract includes the disposal of any hazardous materials from the job site, the Contractor must furnish to the City evidence of Pollution Liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting waste under this contract. Coverage certified to the Public Entity under this paragraph must be maintained in minimum amounts of $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Pollution Liability coverage at least as broad as that provided under ISO Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA 99 48 shall be provided and the Motor Carrier Act Endorsement (MCS 90) shall be attached. AGENDA ITEM #5. e) PAGE 8 OF 15 9. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Contractor agrees as follows: A. Contractor, and Contractor’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 Contractor will take affirmative action to ensure 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 Contractor fails to comply with any of this Agreement’s non-discrimination provisions, City shall have the right, at its option, to cancel the Agreement in whole or in part. D. Contractor 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 and worker's compensation. 10. Independent Contractor: Contractor’s employees, while engaged in the performance of any of Contractor’s Work under this Agreement, shall be considered employees of the Contractor and not employees, agents, representatives of City and as a result, shall not be entitled to any coverage or benefits from the City of Renton. Contractor’s relation to City shall be at all times as an independent contractor. Any and all Workman’s Compensation Act claims on behalf of Contractor employees, and any and all claims made by a third-party as a consequence of any negligent act or omission on the part of Contractor’s employees, while engaged in Work provided to be rendered under this Agreement, shall be the solely Contractor’s obligation and responsibility. 11. City of Renton Business License: The Contractor 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. AGENDA ITEM #5. e) PAGE 9 OF 15 Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 12. Record Keeping and Reporting: Contractor shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement. The Contractor 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). 13. Public Records Compliance. To the full extent the City determines necessary to comply with the Washington State Public Records Act, Contractor shall make a due diligent search of all records in its possession , 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 Contractor believes said records need to be protected from disclosure, it shall , at Contractor’s own expense, seek judicial protection. Contractor 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 Contractor has responsive records and for which Contractor has withheld records or information contained therein, or not provided them to the City in a timely manner. Contractor 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. 14. Other Provisions: A. Administration and Notices. Each individual executing this Agreement on behalf of City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of City or Contractor. Notice: Except for Service of Process in a legal proceeding, any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) calendar days after the date of mailing. Email notice will be deemed received the date of the email so long as sent before 12:00 noon on a business day, if after 12:00 Noon it will be deemed received the next business day – a copy of email notice must be mailed as set forth above. This Agreement shall be administered by and any notices should be sent to the undersigned individuals or their designees. AGENDA ITEM #5. e) PAGE 10 OF 15 CITY OF RENTON Cailín Hunsaker, Parks and Trails Director Renton City Hall, 6th Floor 1055 South Grady Way CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. Attn: General Counsel (Urgent Contract Matter) Renton, WA 98057 42 Longwater Drive Phone: (425) 430-6606 E-mail: chunsaker@rentonwa.gov And to cityclerk@rentonwa.gov Norwell, MA 02061 Phone: (503) 477-2614 B. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. C. Assignment and Subcontract. Contractor shall not assign or subcontract any portion of this Agreement without the City of Renton’s prior express written consent. D. Compliance with Laws. Contractor and all of the Contractor’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. A copy of this language must be made a part of any contractor or subcontractor agreement. E. Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the terms of this contract shall prevail. F. 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. G. 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. H. 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. Contractor hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Contractor is a foreign corporation not registered with the State of Washington. I. Severability. A court of competent jurisdiction’s determination that any provision AGENDA ITEM #5. e) PAGE 11 OF 15 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. J. 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. 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. 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 City or Contractor 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. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. By: Paul Van Der Bosch Vice President, North West Date CITY OF RENTON By: Armondo Pavone Mayor, City of Renton Date Attest Jason A. Seth City Clerk Nov 8, 2024 AGENDA ITEM #5. e) PAGE 12 OF 15 Approved as to Legal Form Shane Moloney Renton City Attorney NS clb 8-2-24 (3124) NS clb 9-3-24 (3124) NS clb 10-1-24 (3124) AGENDA ITEM #5. e) PAGE 13 OF 15 EXHIBIT “A” SCOPE OF WORK City of Renton ON-CALL DEBRIS REMOVAL AND DISPOSAL, INCINERATION OR RECYCLING SERVICES Project Manager: Cailín Hunsaker, Parks and Trails Director Introduction The City of Renton requests services to perform debris removal and disposal, incineration or recycling on an “as needed” basis with up to one company. A $235,000 “not-to-exceed” amount does not guarantee work to any contractor and the amount paid will be based upon time and materials of actual work performed. A written quote will be required for each call-out under the agreement. The City reserves the right to award multiple contracts to multiple contractors for this work if it is in the best interest of the City. The City reserves the right to choose any of the companies awarded this contract for each call-out. The overtime rates set forth in the contract will be reimbursable only to the extent the overtime has been approved by the City. Equipment rental will be reimbursed for the exact amount paid; receipts must be submitted with invoice. Traffic control plans should be considered a requirement for some locations. Additional requirements of the work are included below. It is your responsibility to read these requirements thoroughly and to become familiar with each site location work is assigned in relation to the amount and type of work involved to complete. Minimum Requirements of Contractor • Renton Business License, registered contractor with the State of Washington, current State Unified Business Identifier Number. • Certificate of Insurance - amounts to be approved in advance by City Risk Management. Includes General Liability, Automobile Liability, Workers Compensation and Employers’ Liability. See the attached contract for specific requirements. • Include with the first invoice the company’s intent to pay prevailing wage rates and submit the affidavit to pay prevailing wage rates at the completion for each call-out. Labor rates shall be Prevailing Wage Rates for the industry. AGENDA ITEM #5. e) PAGE 14 OF 15 • All personnel shall wear the most appropriate and up-to-date personal protective equipment. • Provide traffic control equipment which meets the Manual of Traffic Control Devices requirements for each job location. If required, Traffic Control Plan applications must be completed for each location and approved by the City’s Traffic Engineer. Please see https://rentonwa.gov/cms/one.aspx?pageId=9340500 • If using subcontractors, such as contracting for traffic control, Contractor shall provide prevailing wages information for the subcontractor and their intent to pay prevailing wages and the affidavit of wages paid. • Equipment and experience in how to properly handle and dispose of hazardous wastes. • Locations left incomplete at the end of each work day shall be barricaded to access from the public. Preferred Qualifications of Contractor and cleanup workers • Contractor shall be certified by the Washington State Department of Ecology as a Primary Response Contractor in good standing during the duration of the Master Contract. Project Area Specifications – Prior to Beginning Work • On-site meeting with City to review site location(s), cleanup operations, public safety plan and traffic control plan, if relevant. Specifications • Damage that occurs as a direct result of contractor actions or inaction is the sole responsibility of the contractor. Special Conditions • Protect the public at all times using a combination of warning signs, barricades and company staff to prevent access to work zones. • The attached short form contract work order agreement will be used to execute the work. • The Contractor reserves the right to refuse projects considered too hazardous to perform. Invoices • Invoices should be submitted to: Cailín Hunsaker, Parks and Trails Director Renton City Hall, 6th Floor 1055 South Grady Way Renton, WA 98057 Email:chunsaker@rentonwa.gov Telephone: (425) 430-6606 AGENDA ITEM #5. e) PAGE 15 OF 15 • Invoices should contain the following information to prevent a delay in processing: o Contractor name, address and telephone number o Contract Number – assigned upon execution of agreement o Unique Invoice Number o Date work performed o Location where work was performed o Number of workers assigned to task o Classification of workers assigned to task o Total hours worked o Materials including mark-up o Amount due, Washington sales tax and total amount due o Washington Department of Labor and Industries Intent to Pay Prevailing Wage Statement with first invoice. Affidavit of Wages Paid Statement for each invoice thereafter. Failure to submit these forms may delay processing of invoices. Exhibit “B” SCHEDULE OF COSTS AND HOURLY RATES City of Renton ON-CALL DEBRIS REMOVAL AND DISPOSAL, INCINERATION OR RECYCLING SERVICES As per attached DES Master Contract No 09321, Exhibit B Prices for Goods and Services AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 EMERGENCY RESPONSE TO HAZARDOUS MATERIALS Category 2: Land Based Work Category 3: Water Based Work Category 5: Disposal, Incineration, or Recycling For Use by Eligible Purchasers By and Between STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES and CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. Dated May 26, 2022 AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 1 MASTER CONTRACT NO. 09321 EMERGENCY RESPONSE TO HAZARDOUS MATERIALS CATEGORY: 2 - LAND BASED WORK 3 - WATER BASED WORK 5 - DISPOSAL, INCINERATION, OR RECYCLING This Master Contract (“Master Contract”) is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency (“Enterprise Services”) and Clean Harbors Environmental Services, Inc. (“Contractor”) and is dated and effective as of May 27, 2022. R E C I T A L S A. Pursuant to Legislative authorization, Enterprise Services, on behalf of the State of Washington, is authorized to develop, solicit, and establish master contracts for goods and/or services to support Washington state agencies. See RCW 39.26.050(1). The Washington State Legislature also has authorized Enterprise Services to make these master contracts available, pursuant to an agreement in which Enterprise Services ensures full cost recovery, to other local or federal government agencies or entities, public benefit nonprofit organizations, and any tribes located in the State of Washington. See RCW 39.26.050(1) & (2). B. Washington state agencies and other eligible purchasers periodically need to purchase emergency response services from qualified, professional emergency response firms, to respond, on an emergency basis, to a hazardous materials release (e.g., oil and other pollutants) or threatened release pertaining to derelict or abandoned vessels/materials, including containment and cleanup of such release or threatened release consistent with applicable law (‘Emergency Response Services'). Such Emergency Response Services fall into six (6) different categories in which the awarded Contractor provides the necessary personnel, equipment, materials, and supplies to perform the Emergency Response Services for such category. Accordingly, pursuant to its statutory authority, Enterprise Services is establishing a Master Contract, by category, that is designed to enable eligible purchasers to procure Emergency Response Services from the awarded Contractor in a cost-effective, efficient manner using the terms and conditions of the Master Contract. The Master Contract is limited to emergency situations/response needed to immediately respond to a sudden, unexpected occurrence that poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of life, health, or property in Washington State. C. On behalf of the State of Washington, Enterprise Services, as part of a competitive governmental procurement, issued Competitive Solicitation No. 09321 dated March 24, 2022 for Emergency Response Services. D. Enterprise Services evaluated all responses to the Competitive Solicitation and identified Contractor as an apparent successful bidder. AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 2 E. Enterprise Services has determined that entering into this Master Contract will meet the identified needs and be in the best interest of the State of Washington. F. The purpose of this Master Contract is to enable eligible purchasers to purchase Emergency Response Services for the above-referenced categories as set forth herein. A G R E E M E N T NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the parties hereto hereby agree as follows: 1. TERM. The term of this Master Contract is twenty-four (24) months, commencing May 27, 2022 and ending May 27, 2024; Provided, however, that if Contractor is not in default and if, by February 1, 2024, in Enterprise Services’ reasonable judgment, Contractor satisfactorily has met the performance- based goals for contract extension, Enterprise Services shall extend the term of this Master Contract, by written amendment, for up to forty-eight (48) additional months, upon mutual agreement between both parties. Such extension amendment shall be on the same terms and conditions as set forth in this Master Contract. To earn the performance-based Master Contract term extension, Contractor must achieve the following performance-based metrics: PERFORMANCE METRIC PERFORMANCE REQUIREMENT FOR CONTRACT EXTENSION Customer Satisfaction: Agency customer review of each Contractor with DES representative to determine the Contractor’s performance is satisfactory over the initial two (2) year contract term. Response Time: Contractor response times to job site meet or are quicker than the times listed in Exhibit A – Included Goods and Service- Response times. Satisfactory/Unsatisfactory: Contractor shall not have more than three unsatisfactory reviews, disputed invoices, and/or unresolved actions for the duration of the Contract. License: Contractor shall be certified by the Washington State Department of Ecology as a Primary Response Contractor in good standing during the duration of the Master Contract. Insurance Requirements: Timely provide to Enterprise Services at the designated address, without exception, annual insurance endorsements for the insurance coverages required by this Master Contract. See Exhibit C – Insurance Requirements at § 4. Vendor Management Fee: Timely remit to Enterprise Service, with no less than a 75% on time rate over the contract term, the applicable Vendor Management Fee (VMF). Note: Contractor must pay the VMF within thirty (30) calendar days of invoice from Enterprise Services. If Contractor is delinquent in timely paying the VMF for three (3) or more quarters within the first nine (9) quarters of the Master Contract term, Contractor will not be eligible for a performance-based extension. AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 3 PERFORMANCE METRIC PERFORMANCE REQUIREMENT FOR CONTRACT EXTENSION Master Contract Sales Reports: Timely provide to Enterprise Services, with no less than a 75% on time rate over the contract term, the required Master Contract quarterly sales reports. Note: Contractor must provide the quarterly sales reports to Enterprise Services within thirty (30) calendar days of the quarter’s end. If Contractor is delinquent in providing the quarterly sales reports for three (3) or more quarters within the first nine (9) quarters of the Master Contract term, Contractor will not be eligible for a performance-based extension. 2. ELIGIBLE PURCHASERS. This Master Contract may be utilized by any of the following types of entities (each an eligible “Purchaser”): 2.1. WASHINGTON STATE AGENCIES. All Washington state agencies, departments, offices, divisions, boards, and commissions. 2.2. WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION (COLLEGES). Any the following institutions of higher education in Washington:  State universities – i.e., University of Washington & Washington State University;  Regional universities – i.e., Central Washington University, Eastern Washington University, & Western Washington University  Evergreen State College;  Community colleges; and  Technical colleges. 2.3. MCUA PARTIES. Any of the following types of entities that have executed a Master Contract Usage Agreement with Enterprise Services:  Political subdivisions (e.g., counties, cities, school districts, public utility districts) in the State of Washington;  Federal governmental agencies or entities;  Public-benefit nonprofit corporations (i.e., § 501(c)(3) nonprofit corporations that receive federal, state, or local funding); and  Federally-recognized Indian Tribes located in the State of Washington. 3. SCOPE – INCLUDED GOODS/SERVICES AND PRICE. 3.1. CONTRACT SCOPE. Pursuant to this Master Contract, Contractor is authorized to sell and provide only those Goods and/or Services set forth in Exhibit A – Included Goods/Services for the prices set forth in Exhibit B – Prices. Contractor shall not represent to any Purchaser under this Master Contract that Contractor has contractual authority to sell or provide any Goods and/or Services beyond those set forth in Exhibit A – Included Goods/Services. (a) Goods. For purposes of this Master Contract, “Goods” means all equipment, materials, supplies, ancillary parts, accessories, components AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 4 and other items purchased by Purchaser pursuant to this Master Contract and as identified in the Purchase Order. (b) Services. For purposes of this Master Contract, “Services” means all services of any nature ordered by Purchaser pursuant to this Master Contract and as identified in the Purchase Order. (c) Specifications. Where applicable, specifications for Goods and/or Services are detailed in this Master Contract and the Purchase Order. Unless otherwise specified in the Purchase Order, all Goods and/or Services provided shall be new and unused of the latest model or design. 3.2. STATE’S ABILITY TO MODIFY SCOPE OF MASTER CONTRACT. Subject to mutual agreement between the parties, Enterprise Services reserves the right to modify the Goods and/or Services included in this Master Contract; Provided, however, that any such modification shall be effective only upon thirty (30) calendar days advance written notice; and Provided further, that any such modification must be within the scope of the Competitive Solicitation for this Master Contract. 3.3. PRICES. All pricings shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Master Contract and include all costs of the Contractor providing the materials/service including transportation, insurance, and warranty costs. 3.4. PRICE CEILING. Although Contractor may offer lower prices to Purchasers, during the term of this Master Contract, Contractor guarantees to provide the Goods/Services at no greater than the prices set forth in Exhibit B – Prices for Goods/Services. 3.5. MASTER CONTRACT INFORMATION. Enterprise Services shall maintain and provide to eligible Purchasers information regarding this Master Contract, including scope, pricing, and lowest responsive, responsible bidder designation. In addition, Enterprise Services identifies awarded contractors who qualify as Washington Small Businesses, Certified Veteran-Owned Businesses, or that, pursuant to the Master Contract provide Goods/Services that meet specified state procurement priorities as set forth in the Competitive Solicitation. 4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following representations and warranties as of the effective date of this Master Contract and at the time any order is placed pursuant to this Master Contract. If, at the time of any such order, Contractor cannot make such representations and warranties, Contractor shall not process any orders and shall, within three (3) business days notify Enterprise Services, in writing, of such breach. 4.1. QUALIFIED TO DO BUSINESS. Contractor represents and warrants that Contractor is (a) in good standing; (b) qualified to do business in the State of Washington; and (c) registered with the Washington State Department of Revenue and the Washington Secretary of State. 4.2. TAXES. Contractor represents and warrants that Contractor is current, in full compliance, and has paid all applicable taxes owed to the State of Washington. 4.3. LICENSES; CERTIFICATIONS; AUTHORIZATIONS; & APPROVALS. Contractor represents and warrants that Contractor possesses and shall keep current during the term of this Master Contract all required licenses, certifications, permits, authorizations, and approvals necessary for Contractor’s proper performance of this Master Contract. This includes but is not limited to Washington State Department of Ecology primary response contractor certification. AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 5 4.4. SPILL MANAGEMENT TEAM (SMT) DESIGNATION (FOR CATEGORY 1). Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that Contractor is registered with the Washington State Department of Ecology as an approved Spill Management Team (SMT) contractor and shall maintain such qualification for the term of the Master Contract. 4.5. PRIMARY RESPONSE CONTRACTOR DESIGNATION (FOR CATEGORIES 2, 3, & 4). Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that Contractor is a Primary Response Contractor (PRC) with the Department of Ecology WAC 173-182-800 and shall maintain such qualification for the term of the Master Contract. 4.6. WILDLIFE RESPONSE SERVICE PROVIDER DESIGNATION (FOR CATEGORY 6). Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that Contractor is registered with the Washington State Department of Ecology as an approved Wildlife Response Service Provider (WRSP) contractor and shall maintain such qualification for the term of the Master Contract. 4.7. SUSPENSION & DEBARMENT. Contractor represents and warrants as previously certified in Contractor’s Bidder’s Certification, that neither Contractor nor its principals or affiliates presently are nor have ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any governmental contract by any governmental department or agency within the United States. 4.8. WAGE VIOLATIONS. Contractor represents and warrants as previously certified in Contractor’s Bidder’s Certification, that during the term of this Master Contract and the three (3) year period immediately preceding the award of the Master Contract, Contractor has not been determined, by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction, to be in willful violation of any provision of Washington state wage laws set forth in RCW 49.46, 49.48, or 49.52. 4.9. CIVIL RIGHTS. Contractor represents and warrants that Contractor complies with all applicable requirements regarding civil rights. Such requirements prohibit discrimination against individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin. 4.10. OSHA AND WISHA REQUIREMENTS. Contractor shall comply with conditions of the Federal Occupational Safety and Health Acts of 1970 (OSHA), as may be amended, and the Washington Industrial Safety and Health Act of 1973 (WISHA). 4.11. EXECUTIVE ORDER 18-03 – WORKERS’ RIGHTS. Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that Contractor does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. Contractor further represents and warrants that, during the term of this Contract, Contractor shall not, as a condition of employment, require its employees to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. 4.12. PUBLIC CONTRACTS AND PROCUREMENT FRAUD. Contractor represents and warrants that, within the three (3) year period prior to this Master Contract, neither Contractor nor its principals or affiliates: (a) have been convicted of or had a civil judgment rendered against them for AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 6 commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (federal, state, local, or tribal) contract or purchase order under a public contract; (b) have been in violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; (c) have been indicted for or otherwise criminally or civilly charged by a government entity (federal, state, local, or tribal) with commission of any of the offense enumerated in subsection (b) of this provision; or (d) had one or more public contracts (federal, state, local, or tribal) terminated for cause or default. 4.13. PROCUREMENT ETHICS & PROHIBITION ON GIFTS. Contractor represents and warrants that Contractor complies fully with all applicable procurement ethics restrictions including, but not limited to, restrictions against Contractor providing gifts or anything of economic value, directly or indirectly, to Enterprise Services and Purchasers’ employees. 4.14. WASHINGTON’S ELECTRONIC BUSINESS SOLUTION (WEBS). Contractor represents and warrants that Contractor is registered in Washington’s Electronic Business Solution (WEBS), Washington’s contract registration system and that, all of Contractor’s information therein is current and accurate and that throughout the term of this Master Contract, Contractor shall maintain an accurate profile in WEBS. 4.15. WASHINGTON’S STATEWIDE PAYEE DESK. Contractor represents and warrants that Contractor is registered with Washington’s Statewide Payee Desk, which registration is a condition to payment. 4.16. MASTER CONTRACT PROMOTION; ADVERTISING AND ENDORSEMENT. Contractor represents and warrants that Contractor shall use commercially reasonable efforts both to promote and market the use of this Master Contract with eligible Purchasers and to ensure that those entities that utilize this Master Contract are eligible Purchasers. Contractor understands and acknowledges that neither Enterprise Services nor Purchasers are endorsing Contractor’s Goods and/or Services or suggesting that such Goods and/or Services are the best or only solution to their needs. Accordingly, Contractor further represents and warrants that Contractor shall make no reference to Enterprise Services, any Purchaser, or the State of Washington in any promotional material without the prior written consent of Enterprise Services. 4.17. CONTINGENT FEES. Contractor represents and warrants that no person or selling agent has been employed or retained to solicit or secure this Master Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established agents as defined in the Federal Acquisition Regulations. 4.18. FINANCIALLY SOLVENT. Contractor represents and warrants that Contractor has not commenced bankruptcy proceedings and that there are no judgment, liens, or encumbrances of any kind affecting title to any Goods or Services that are the subject of this Master Contract. 4.19. OPERATIONAL CAPABILITY. Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that Contractor has the operational and financial capability to timely perform the Master Contract. 4.20. MASTER CONTRACT TRANSITION. Contractor represents and warrants that, in the event this Master Contract or a similar contract, is transitioned to another contractor (e.g., Master Contract expiration or termination), Contractor shall use commercially reasonable efforts to AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 7 assist Enterprise Services (including the Purchasers hereunder) for a period of sixty (60) calendar days to effectuate a smooth transition to another contractor to minimize disruption of service and/or costs to the State of Washington and such Purchasers; Provided, however, that, if costs are incurred, Contractor shall be compensated for such costs consistent with the terms and conditions pertaining to this Master Contract for the sixty (60) day period immediately before such transition. 4.21. COVID-19 VACCINATION VERIFICATION. Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that, Contractor has a current COVID-19 Contractor Vaccination Verification Plan to ensure that Contractor’s personnel (including subcontractors) who perform this Master Contract on-site at Washington state agency premises or at the premises of any Purchaser who so requests, unless properly excepted or exempted by the Proclamation, are fully vaccinated for COVID-19 as of October 18, 2021 as set forth in the Governor’s Proclamation, Proclamation 21-14 – COVID-19 Vaccination Requirement (dated August 9, 2021) as amended by Proclamation 21-14.1 – COVID-19 Vaccination Requirement (dated August 20, 2021). Contractor further represents and warrants that Contractor: (a) Has reviewed and understands Contractor’s obligations as set forth in Proclamation 21-14 – COVID-19 Vaccination Requirement (dated August 9, 2021), as amended by Proclamation 21-14.1 – COVID-19 Vaccination Requirement (dated August 20, 2021); (b) Has developed a COVID-19 Vaccination Verification Plan for Contractor’s personnel (including subcontractors) that complies with the above- referenced Proclamation; (c) Has obtained a copy or visually observed proof of full vaccination against COVID-19 for Contractor personnel (including subcontractors) who are subject to the vaccination requirement in the above-referenced Proclamation; (d) Complies with the requirements for granting disability and religious accommodations for Contractor personnel (including subcontractors) who are subject to the vaccination requirement in the above-referenced Proclamation; (e) Has operational procedures in place to ensure that any contract activities that occur on-site at Washington state agency premises or at the premises of any Purchaser who so requests (other than only for a short period of time during a given day and where any moments of close proximity to others on- site will be fleeting – e.g., a few minutes for deliveries) that are performed by Contractor personnel (including subcontractors) will be performed by personnel who are fully vaccinated or properly excepted or exempted as required by the above-referenced Proclamation; (f) Has operational procedures in place to enable Contractor personnel (including subcontractors) who perform contract activities on-site at Washington state agency premises or at the premises of any Purchaser who so requests to provide compliance documentation that such personnel are in compliance with the above-referenced Proclamation; and AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 8 (g) Will provide to Enterprise Services or Purchaser, upon request, Contractor’s COVID-19 Vaccination Verification Plan and related records, except as prohibited by law, and will cooperate with any investigation or inquiry pertaining to the same. 5. QUALITY; WARRANTY; REMEDIES. 5.1. SERVICES WARRANTY. Contractor warrants that: (a) Services will be performed in a timely, efficient, and professional manner; (b) all Contractor personnel assigned to perform Services will have the necessary skill and training; and (c) Services will be performed in a manner consistent with the standard of care in the industry (“Services Warranty”). The Services Warranty will survive for a period of twelve (12) months after the date when Services are completed (“Services Warranty Period”). 5.2. SERVICES REMEDY. If Services do not comply with the Services Warranty or are in any manner found to be nonconforming during the Services Warranty Period, Contractor promptly shall remedy the non-conformance, or at Purchaser’s election, Contractor shall re-perform or correct the nonconforming Services at no additional cost to Purchaser or refund the amounts paid for the Services. 5.3. FAILURE TO REMEDY. If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from Purchaser, or if an emergency exists rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, Purchaser may, without prejudice to any other rights or remedies available to it, make or cause to be made required modifications, adjustments, or repairs, or may replace, Services, in which case Contractor shall reimburse Purchaser for its actual costs or, at Purchaser’s option, Purchaser will offset the costs incurred from amounts owing to Contractor. 6. SAFETY; SECURITY; AND OPERATIONS. Contractor’s failure to comply with any of the requirements in this Section shall be cause for termination. 6.1. REGULATORY REQUIREMENTS/SAFETY. Goods/Services supplied by Contractor shall meet all OSHA and other safety-related federal, state, local, and/or tribal regulatory requirements applicable to the Goods/Services. 6.2. MATERIAL SAFETY DATA SHEETS. As applicable, Contractor shall provide Purchaser with all appropriate Material Safety Data Sheets (“MSDS”) at the time of delivery of each shipment of Goods which requires such compliance and/or and for materials used by Contractor while performing Services and any updates of the same. 6.3. CLEAN-UP. If Contractor, its agents, employees, or subcontractors perform onsite Services, Contractor, at its cost, will remove all excess materials, equipment, packaging, and garbage within the scope of its performance of Services and leave that portion of the premises in which the work was performed in a clean condition. Should Contractor fail to clean up a Site after completion of work, Purchaser will have the right to remove the materials and set off the cost of clean up against amounts owed to Contractor. 6.4. ACCIDENT AND INJURY REPORTING. If Contractor, its agents, employees, or subcontractors are present at Purchaser’s premises, Contractor promptly will report in writing all injuries, accidents, property damage, near-miss incidents, or any claims regarding damages or injury involving Contractor, its agents, employees, or subcontractors occurring at such premises. Contractor agrees to cooperate and assist in any Purchaser investigation of incidents. AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 9 6.5. ON SITE REQUIREMENTS. While on Purchaser’s premises, Contractor, its agents, employees, or subcontractors shall comply, in all respects, with Purchaser’s physical, fire, access, safety, and other security requirements and not interfere with Purchaser’s operations. Contractor represents and warrants that Contractor, its agents, employees, or subcontractors who access Purchaser’s premises will be adequately trained and at all times comply with Purchaser’s requirements. 6.6. RESPONSE TIME (STANDARD). Contractor shall be required to verbally communicate with the Customer’s designated representative within twenty-four (24) hours of any request. 6.7. EMERGENCY RESPONSE TIME. Contractor shall be required to verbally communicate with the Customer’s designated representative within fifteen (15) minutes of notification of an incident. Response shall be required twenty-four (24) hours per day, three hundred sixty-five (365) days per year. The Contractor shall be required to arrive at a site within the response times committed in exhibit A - included Goods/Services. 6.8. DOCUMENTATION, REPORTS, AND RECEIPTS. Contractor shall provide purchaser with a written report detailing the work that was completed and including copies of sampling forms, laboratory reports, manifests, receipts, and any other pertinent materials, if requested by the Purchaser’s designated representative, within ten (10) business days following completion of the pick-up, transport, and disposal of any collected materials. 6.9. MATERIAL IDENTIFICATION. Contractor shall be responsible for identifying hazardous and non- hazardous materials including sampling and analysis by a laboratory licensed and certified by the Washington Department of Ecology. Procedures for identifying these materials must be documented and defendable with local, State, and Federal regulations (e.g., HAZCAT or Laboratory Analytical Test Results). Identification documentation shall be submitted to the Purchaser for each project. 6.10. MATERIAL ANALYSIS. Upon completion of laboratory analysis (if required), Contractor shall provide a method of approach to include the recommended transportation and disposal method. A firm price for transport and disposal shall be included in the method of approach. 6.11. AUTHORIZED SIGNATORIES. Contractor shall prepare and sign any required biohazardous disposal manifests and/or shipping papers. Disposal of all material shall be consistent with all applicable Federal, State, and local laws and regulations. The disposal manifests and/or shipping papers shall also be signed by an authorized Purchaser representative, and the Purchaser shall provide Contractor with a list of authorized signatories. 6.12. TRANSPORTATION AND DISPOSAL. Once Contractor has taken control of all materials and containers, Contractor shall be responsible for the transport, temporary storage, and disposal of the material in full compliance with all applicable regulations. Contractor shall also replace any filled containers with empty ones, where requested by Purchaser. 7. SUBCONTRACTORS. 7.1. CONTRACTOR RESPONSIBILITY. Notwithstanding any provision to the contrary, in the event Contractor elects to utilize subcontractors to perform this Master Contract, Contractor shall: (a) incorporate Contractor’s responsibilities under this Master Contract into its subcontracts; (b) be fully responsible for the performance of any such subcontractors (regardless of tier) and ensure that subcontractors comply with each and every Contractor obligation set forth in this Master Contract; (c) be the sole point of contact for Enterprise Services and any AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 10 Purchasers regarding all contractual matters; (d) ensure that such subcontractors are registered in WEBS; and (e) defend, indemnify, and hold Enterprise Services and Purchasers harmless in case of negligence, other tortious fault, or intentional misconduct by any such subcontractors (regardless of tier). Prior to utilizing any subcontractor to perform this Master Contract, Contractor shall provide written notice to Enterprise Services’ contract administrator. Such notice shall confirm that the subcontractor is registered in WEBS and provide the necessary information for Enterprise Services’ contract administrator to include such subcontractor(s) in Washington’s Purchasing Contract Management System (PCMS). 7.2. REPORTING. If Contractor is required to report to Purchaser and/or Enterprise Services, such report(s) will include subcontractor data, by subcontractor, for any data that Contractor is required to report as well as a consolidated ‘rollup’ report combining Contractor and subcontractor data. 7.3. SUBCONTRACTOR REPRESENTATIONS AND CERTIFICATIONS. Any Contractor representations or certifications set forth in this Master Contract shall apply to subcontractors (at any tier) and Contractor shall not utilize any subcontractors (at any tier) who cannot provide such representations or certifications, excepting the certification to be registered with Washington’s Statewide Payee Desk, unless Purchaser will pay such subcontractor directly. 8. USING THE MASTER CONTRACT – PURCHASES. 8.1. ORDERING REQUIREMENTS. Eligible Purchasers shall order Goods and/or Services from this Master Contract, consistent with the terms hereof and by using any ordering mechanism agreeable both to Contractor and Purchaser but including, at a minimum, a purchase order. When practicable, Contractor and Purchaser also shall use telephone orders, email orders, web-based orders, and similar procurement methods (collectively “Purchaser Order”). All Purchase Orders must reference the Master Contract number. The terms of this Master Contract shall apply to any Purchase Order and, in the event of any conflict, the terms of this Master Contract shall prevail. Notwithstanding any provision to the contrary, in no event shall any ‘click-agreement,’ software or web-based application terms and conditions, or any other agreement modify the terms and conditions of this Master Contract. 8.2. RECEIPT AND INSPECTION OF GOODS AND/OR SERVICES. Goods and/or Services purchased under this Master Contract are subject to Purchaser’s reasonable inspection, testing, and approval at Purchaser’s destination. Purchaser reserves the right to reject and refuse acceptance of Goods and/or Services that are not in accordance with this Master Contract and Purchaser’s Purchase Order. If there are any apparent defects in the Goods and/or Services at the time of delivery, Purchaser promptly will notify Contractor. At Purchaser’s option, and without limiting any other rights, Purchaser may require Contractor to repair or replace, at Contractor’s expense, any or all of the damaged Goods and/or Services or, at Purchaser’s option, Purchaser may note any such damage on the receiving report, decline acceptance, and deduct the cost of rejected Goods and/or Services from final payment. Payment for any Goods and/or Services under such Purchase Order shall not be deemed acceptance. 8.3. COMPLETION OF SERVICES. Failure to complete Services by the date(s) stated in the Purchase Order is a breach of this Master Contract. Contractor shall complete the Services on or before the date(s) set out in the Purchase Order. Contractor promptly shall notify Purchaser in writing of any anticipated or actual delay in delivery of Goods or completion of Services, the reasons for the delay, and the actions being taken by Contractor to overcome or minimize the delay. Purchaser shall respond to Contractor writing within forty-eight (48) hours whether or AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 11 not the delay is acceptable. If no written response from Purchaser is received after within forty-eight (48) hours of Contractor notification, Contractor can assume delay is acceptable to Purchaser. 8.4. CHANGES. Consistent with this Master Contract, Purchaser may request changes in specifications, requirements, or the scope of Services. If any requested changes require changes to project completion schedule, then Contractor will provide Purchaser with a written proposal within five (5) business days of Purchaser’s request that includes any changes in costs, dates, or other terms. If accepted by Purchaser, the proposal, together with any changes in terms will be memorialized in an amendment to the Purchase Order, signed by both parties. Purchaser shall endeavor to provide full and complete information regarding the site, surface and subsurface conditions, utility locations, site ownership, contractor access, hazardous materials or wastes and other substances or hazards likely to be present and any other reports, documentation or information concerning the site or scope of Services in Purchaser’s possession which may reasonably be provided to Contractor. Purchaser represents and warrants to Contractor that Purchaser has the requisite legal right, title, and interest necessary to provide access to the job site. Contractor shall not be liable for: (i) damage or injury to any subsurface structures (including, but not limited to, utilities, mains, pipes, tanks, and telephone cables) or any existing subsurface conditions, or the consequences of such damage or injury, if such structures or conditions were unknown and were not identified or shown, or were incorrectly shown, in information or on plans furnished to or obtained by Contractor in connection with the Services; (ii) concealed conditions encountered in the performance of the Services; (iii) concealed or unknown conditions in an existing structure at variance with the conditions indicated by the scope of Services or information furnished to or obtained by Contractor; or (iv) unknown subsurface physical conditions that differ materially from those ordinarily encountered. Should Contractor encounter such conditions, the parties shall agree on a revised scope of Services providing for an equitable adjustment of the price and/or time of performance to account for such unknown or changed conditions. 9. INVOICING & PAYMENT. 9.1. CONTRACTOR INVOICE. Contractor shall submit properly itemized invoices to Purchaser’s designated invoicing contact for Goods and/or Services delivered under this Master Contract. Such invoices shall itemize the following: (a) Master Contract No. 09321 (b) Contractor name, address, telephone number, and email address for billing issues (i.e., Contractor Customer Service Representative); (c) Contractor’s Federal Tax Identification Number; (d) Date(s) of delivery; (e) Applicable Goods and/or Services; (f) Invoice amount; and (g) Payment terms, including any available prompt payment discounts. Contractor’s invoices for payment shall reflect accurate Master Contract prices. Invoices will not be processed for payment until receipt of a complete invoice as specified herein. AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 12 9.2. PAYMENT. Payment is the sole responsibility of, and will be made by, the Purchaser. Purchaser’s obligation to pay invoices is subject to receipt of a timely and accurate invoice and conforming Goods and/or Services. Unless Contractor has provided a prompt payment discount set forth in Exhibit B – Prices, Purchaser’s payment is due within thirty (30) calendar days of invoice. Purchaser retains the right of setoff for any amount due or owing to Purchaser. Purchaser may make payments electronically (e.g., ACH payments). Contractor shall provide information necessary to facilitate electronic payments. If Purchaser fails to make timely payment(s), Contractor may invoice Purchaser in the amount of one percent (1%) per month on the amount overdue or a minimum of $1. Payment will not be considered late if a check or warrant is mailed within the time specified. 9.3. OVERPAYMENTS. Contractor promptly shall refund to Purchaser the full amount of any erroneous payment or overpayment. Such refunds shall occur within thirty (30) calendar days of written notice to Contractor; Provided, however, that Purchaser shall have the right to elect to have either direct payments or written credit memos issued. If Contractor fails to make timely refunds of overpayment(s) (either directly or by credit memo), Contractor shall pay Purchaser interest at the rate of one percent (1%) per month on the amount overdue thirty (30) calendar days after notice to Contractor. 9.4. ADVANCE PAYMENT PROHIBITED. Except as authorized by law, Contractor shall not request or receive advance payment for any Goods and/or Services furnished by Contractor pursuant to this Master Contract. 9.5. NO ADDITIONAL CHARGES. Unless otherwise specified herein, Contractor shall not include or impose any additional charges including, but not limited to, charges for shipping, handling, insurance, or payment processing. 9.6. TAXES/FEES. Contractor promptly shall pay all applicable taxes on its operations and activities pertaining to this Master Contract. Failure to do so shall constitute breach of this Master Contract. Unless otherwise agreed, Purchaser shall pay applicable sales tax imposed by the State of Washington on purchased Goods and/or Services. Contractor’s invoices shall separately state (a) taxable and non-taxable charges and (b) sales/use tax due by jurisdiction. In regard to federal excise taxes, Contractor shall include federal excise taxes only if, after thirty (30) calendar days written notice to Purchaser, Purchase has not provided Contractor with a valid exemption certificate from such federal excise taxes. 10. CONTRACT MANAGEMENT. 10.1. CONTRACT ADMINISTRATION & NOTICES. Except for legal notices, the parties hereby designate the following contract administrators as the respective single points of contact for purposes of this Master Contract. Enterprise Services’ contract administrator shall provide Master Contract oversight. Contractor’s contract administrator shall be Contractor’s principal contact for business activities under this Master Contract. The parties may change contract administrators by written notice as set forth below. Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing: Enterprise Services Contractor AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 13 Attn: Marcus Bach Washington Dept. of Enterprise Services PO Box 41411 Olympia, WA 98504-1411 Tel: (360) 407- 9420 Email: descontractsteamapple@des.wa.gov Attn: _________________________ ______________________________ ______________________________ ______________________________ Tel: (___) __________ Email: _______________ Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon transmission to the designated email address of said addressee. 10.2. CONTRACTOR CUSTOMER SERVICE REPRESENTATIVE. Contractor shall designate a customer service representative (and inform Enterprise Services of the same) who shall be responsible for addressing Purchaser issues pertaining to this Master Contract. 10.3. LEGAL NOTICES. Any legal notices required or desired shall be in writing and delivered by U.S. certified mail, return receipt requested, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing: Enterprise Services Contractor Attn: Legal Services Manager Washington Dept. of Enterprise Services PO Box 41411 Olympia, WA 98504-1411 Email: greg.tolbert@des.wa.gov Attn: _________________________ ______________________________ ______________________________ ______________________________ Email: _______________ Notices shall be deemed effective upon the earlier of receipt when delivered, or, if mailed, upon return receipt, or, if emailed, upon transmission to the designated email address of said addressee. 11. CONTRACTOR SALES REPORTING; VENDOR MANAGEMENT FEE; & CONTRACTOR REPORTS. 11.1. MASTER CONTRACT SALES REPORTING. Contractor shall report total Master Contract sales quarterly to Enterprise Services, as set forth below. (a) Master Contract Sales Reporting System. Contractor shall report quarterly Master Contract sales in Enterprise Services’ Master Contract Sales Reporting System. Enterprise Services will provide Contractor with a login password and a vendor number. The password and vendor number will be provided to the Sales Reporting Representative(s) listed on Contractor’s Bidder Profile. (b) Data. Each sales report must identify every authorized Purchaser by name as it is known to Enterprise Services and its total combined sales amount invoiced during the reporting period (i.e., sales of an entire agency or political subdivision, not its individual subsections). The “Miscellaneous” option may be used only with prior approval by Enterprise Services. Upon request, Contractor shall provide contact information for all authorized Purchasers specified herein during the term of the Master Contract. If there are no Master Contract sales during the reporting period, Contractor must report zero sales. AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 14 (c) Due dates for Master Contract Sales Reporting. Quarterly Master Contract Sales Reports must be submitted electronically by the following deadlines for all Master Contract sales invoiced during the applicable calendar quarter: QUARTER FOR SALES MADE IN CALENDAR QUARTER ENDING MASTER CONTRACT SALES REPORT DUE BY PAST DUE 1 January 1 – March 31 April 30 May 1 2 April 1 – June 30 July 31 August 1 3 July 1 – September 30 October 31 November 1 4 October 1 – December 31 January 31 February 1 11.2. VENDOR MANAGEMENT FEE. Contractor shall pay to Enterprise Services a vendor management fee (“VMF”) of 1.5 percent on the purchase price for all Master Contract sales (the purchase price is the total invoice price less applicable sales tax). (a) The sum owed by Contractor to Enterprise Services as a result of the VMF is calculated as follows: Amount owed to Enterprise Services = Total Master Contract sales invoiced (not including sales tax) x .015. (b) The VMF must be rolled into Contractor’s current pricing. The VMF must not be shown as a separate line item on any invoice unless specifically requested and approved by Enterprise Services. (c) Enterprise Services will invoice Contractor quarterly based on Master Contract sales reported by Contractor. Contractor is not to remit payment until Contractor receives an invoice from Enterprise Services. Contractor’s VMF payment to Enterprise Services must reference this Master Contract number, the year and quarter for which the VMF is being remitted, and Contractor’s name as set forth in this Master Contract, if not already included on the face of the check. (d) Contractor’s failure to report accurate total net Master Contract sales, to submit a timely Master Contract sales report, or to remit timely payment of the VMF to Enterprise Services, may be cause for Enterprise Services to suspend Contractor or terminate this Master Contract or exercise remedies provided by law. Without limiting any other available remedies, the parties agree that Contractor’s failure to remit to Enterprise Services timely payment of the VMF shall obligate Contractor to pay to Enterprise Services, to offset the administrative and transaction costs incurred by the State to identify, process, and collect such sums, the sum of $200.00 or twenty-five percent (25%) of the outstanding amount, whichever is greater, or the maximum allowed by law, if less. (e) Enterprise Services reserves the right, upon thirty (30) calendar days advance written notice, to increase, reduce, or eliminate the VMF for subsequent purchases, and reserves the right to renegotiate Master AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 15 Contract pricing with Contractor when any subsequent adjustment of the VMF might justify a change in pricing. 11.3. ANNUAL MASTER CONTRACT SALES REPORT. Contractor shall provide to Enterprise Services a detailed annual Master Contract sales report. Such report shall include, at a minimum: the Goods/Services sold (including, as applicable, item number or other identifier), per unit quantities sold, items and volumes purchased by Purchaser, shipment/delivery locations by Purchaser, and Master Contract price. This report must be provided in an electronic format that can be read by Microsoft (MS) Excel. Such report is due within thirty (30) calendar days of the annual anniversary of the effective date of this Master Contract. 12. RECORDS RETENTION & AUDITS. 12.1. RECORDS RETENTION. Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Contract and orders placed by Purchasers under it to the extent and in such detail as shall adequately reflect contract performance and administration of purchases, payments, taxes, and fees. Contractor shall retain such records for a period of six (6) years following expiration or termination of this Master Contract or final payment for any order placed by a Purchaser against this Master Contract, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved. 12.2. AUDIT. Enterprise Services reserves the right to audit, or have a designated third party audit, applicable records to ensure that Contractor properly has invoiced Purchasers and that Contractor has paid all applicable vendor management fees to Enterprise Services. Accordingly, Contractor shall permit Enterprise Services, any Purchaser, and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor’s books, documents, papers and records directly pertinent to this Master Contract or Purchase Orders placed by a Purchaser under this Master Contract for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of six (6) years following expiration or termination of this Master Contract or final payment for any order placed by a Purchaser against this Master Contract, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved. 12.3. OVERPAYMENT OF PURCHASES OR UNDERPAYMENT OF FEES. Without limiting any other remedy available to any Purchaser, Contractor shall (a) reimburse Purchasers for any overpayments inconsistent with the terms of this Master Contract or Purchase Orders placed thereunder, at a rate of 125% of any such overpayments, found as a result of the examination of Contractor’s records; and (b) reimburse Enterprise Services for any underpayment of vendor management fees, at a rate of 125% of such fees found as a result of the examination of Contractor’s records (e.g., if Contractor underpays the Vendor Management Fee by $500, Contractor would be required to pay to Enterprise Services $500 x 1.25 = $625); Provided, however, that, in the event Contractor timely discovers and corrects any Purchaser overpayment or Contractor underpayment of vendor management fees and does so prior to the initiation of any audit, Contractor shall be entitled to reimburse Purchaser or pay to Enterprise Services the actual amount of such Purchaser overpayment or such underpayment of vendor management fees. AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 16 13. INSURANCE. 13.1. REQUIRED INSURANCE. Contractor, at its expense, shall maintain in full force and effect the insurance coverages set forth in Exhibit C – Insurance Requirements. All costs for insurance, including any payments of deductible amounts, shall be considered incidental to and included in the prices for Goods/Services and no additional payment shall be made to Contractor. 13.2. WORKERS COMPENSATION. Contractor shall comply with applicable workers compensation statutes and regulations (e.g., RCW Title 51, Industrial Insurance). If Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, Enterprise Services may terminate this Master Contract. This provision does not waive any of the Washington State Department of Labor and Industries (L&I) rights to collect from Contractor. If Contractor performs Services on Purchaser’s behalf in the State of Washington, and only to the extent of claims against Contractor by Purchaser under the Indemnity obligations in this Master Contract, Contractor expressly waives any immunity it may be granted under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor’s indemnification obligation will not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable to or for any third party under workers’ compensation acts, disability benefit acts, or other employee benefit acts. The parties expressly acknowledge and certify that the waiver of immunity under Title 51 RCW was mutually negotiated and agreed upon. 14. CLAIMS. 14.1. ASSUMPTION OF RISKS; CLAIMS BETWEEN THE PARTIES. Contractor assumes sole responsibility and all risks of personal injury or property damage to itself and its employees and agents in connection with its operations under this Master Contract. Enterprise Services has made no representations regarding any factor affecting Contractor’s risks. Contractor shall pay for all damage to any Purchaser’s property resulting directly or indirectly from Contractor’s acts or omissions under this Master Contract, even if not attributable to negligence by Contractor or its agents. 14.2. THIRD-PARTY CLAIMS; GENERAL INDEMNITY. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold Enterprise Services and any Purchaser and their employees and agents harmless from and against all claims, demands, judgments, assessments, damages, penalties, fines, costs, liabilities, or losses including, without limitation, sums paid in settlement of claims, attorneys’ fees, consultant fees, and expert fees (collectively “Claims”) arising out of Contractor’s or its successors’, agents’, or subcontractors’ negligence, other tortious fault, or intentional misconduct under this Master Contract; Provided, however, that no right to indemnity will exist as to that portion of a Claim resulting from the sole negligence, tortious fault, or intentional misconduct of Enterprise Services or Purchaser. The parties agree that if there are any limitations of Contractor’s liability, including a limitation of liability clause for anyone for whom the Contractor is responsible, such limitations of liability shall not apply to injuries to persons (including death), damages to property, data breach, and/or intellectual property infringement. Contractor shall take all steps needed to keep Purchaser’s property free of liens arising from Contractor’s activities, and promptly obtain or bond the release of any such liens that may be filed. 14.3. INTELLECTUAL PROPERTY INDEMNITY. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold Enterprise Services and any Purchaser and their employees and agents harmless from against any and all Claims resulting from allegations of infringement of AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 17 any patents, copyrights, trade secret, or similar intellectual property rights covering the Goods or Services provided, or the use of the Goods or Services under this Master Contract. If Purchaser’s use of Goods or Services provided by Contractor is enjoined based on an intellectual property infringement Claim, Contractor shall, at its own expense, either procure for Purchaser the right to continue using the Goods or Services or, after consulting with Purchaser and obtaining Purchaser’s consent, replace or modify the Goods or Services with substantially similar and functionally equivalent non-infringing Goods or Services. 15. DISPUTE RESOLUTION. The parties shall cooperate to resolve any dispute pertaining to this Master Contract efficiently, as timely as practicable, and at the lowest possible level with authority to resolve such dispute. If, however, a dispute persists and cannot be resolved, it may be escalated within each organization. In such situation, upon notice by either party, each party, within five (5) business days shall reduce its description of the dispute to writing and deliver it to the other party. The receiving party then shall have three (3) business days to review and respond in writing. In the event that the parties cannot then agree on a resolution of the dispute, the parties shall schedule a conference between the respective senior managers of each organization to attempt to resolve the dispute. In the event the parties cannot agree, either party may resort to court to resolve the dispute. 16. TERMINATION; EXPIRATION; SUSPENSION; & REMEDIES. 16.1. TERMINATION. This Master Contract may be terminated: (a) upon the mutual written agreement of the parties; (b) by the non-breaching party where the breach is not cured within thirty (30) calendar days after written notice of breach is delivered to the breaching party, unless a different time for cure is otherwise stated in this Master Contract; and (c) as otherwise expressly provided for in this Master Contract. This Master Contract shall terminate automatically and without further action if a party becomes insolvent or is placed in receivership, reorganization, liquidation, or bankruptcy. In addition to any other available remedies, the non-breaching party may terminate this Master Contract as provided in subsection (b) above without further liability by written notice to the breaching party. A termination for breach will not affect rights or obligations accrued or owed before the effective date of the termination notice. 16.2. TERMINATION FOR NONAPPROPRIATION OR REDUCTION OF FUNDS OR CHANGES IN LAW. Enterprise Services may suspend or terminate this Master Contract and Purchasers may suspend or terminate applicable Purchase Orders, in whole or in part, at the sole discretion of Enterprise Services or, as applicable, Purchaser, if Enterprise Services or, as applicable, Purchaser reasonably determines that: (a) a change in Federal or State legislation or applicable laws materially affects the ability of either party to perform under the terms of this Master Contract or applicable Purchase Order; or (b) that a change in available funds affects Purchaser’s ability to pay under the applicable Purchase Order. A change of available funds as used in this section includes, but is not limited to a change in Federal or State funding, whether as a result of a legislative act or by order of the President or the Governor. If a written notice is delivered under this provision, Purchaser will reimburse Contractor for Goods properly ordered and/or Services properly performed until the effective date of said notice. Except as stated in this provision, in the event of termination for nonappropriation or reduction of funds or changes in law, Purchaser will have no obligation or liability to Contractor. 16.3. TERMINATION FOR PUBLIC CONVENIENCE. Enterprise Services, for public convenience, may terminate this Master Contract; Provided, however, that such termination for public AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 18 convenience must, in Enterprise Services’ judgment, be in the best interest of the State of Washington; and Provided further, that such termination for public convenience shall only be effective upon sixty (60) calendar days prior written notice; and Provided further, that such termination for public convenience shall not relieve any Purchaser from payment for Goods/Services already ordered as of the effective date of such notice. Except as stated in this provision, in the event of such termination for public convenience, neither Enterprise Services nor any Purchaser shall have any obligation or liability to Contractor. 16.4. PURCHASER OBLIGATIONS – EXPIRATION. Upon expiration of this Master Contract, Purchaser shall accept and take delivery of all outstanding and not yet fulfilled Purchase Orders and pay Contractor the price as set out in the Master Contract. Notwithstanding any provision to the contrary, in no event shall a Purchaser’s Purchase Order pursuant to this Master Contract that is executed prior to expiration of this Master Contract allow for Contractor to provide Goods and/or Services more than twelve (12) months beyond the expiration date of the Master Contract. 16.5. CONTRACTOR OBLIGATIONS – EXPIRATION OR TERMINATION. Upon expiration or termination of this Master Contract, Contractor shall: (a) continue to fulfill its warranty obligations with respect to any Goods or Services sold hereunder and all provisions of the Master Contract that, by their nature, would continue beyond the expiration, termination, or cancellation of the Master Contract shall so continue and survive; and (b) promptly return to Purchaser all keys, badges, and other materials supplied by Purchaser for the performance of any Purchase Order entered into pursuant to this Master Contract. 16.6. DEFAULT. Any of the following events shall constitute cause for Enterprise Services to declare Contractor in default of this Master Contract: (a) Contractor fails to perform or comply with any of the terms or conditions of this Master Contract; (b) Contractor fails to timely report contract sales; (c) Contractor fails to timely pay the vendor management fees when due; or (d) Contractor breaches any representation or warranty provided herein. 16.7. SUSPENSION & TERMINATION FOR DEFAULT. Enterprise Services may suspend Contractor’s operations under this Master Contract immediately by written cure notice of any default. Suspension shall continue until the default is remedied to Enterprise Services’ reasonable satisfaction; Provided, however, that, if after thirty (30) calendar days from such a suspension notice, Contractor remains in default, Enterprise Services may terminate Contractor’s rights under this Master Contract. All of Contractor’s obligations to Enterprise Services and Purchasers survive termination of Contractor’s rights under this Master Contract, until such obligations have been fulfilled. 16.8. REMEDIES FOR DEFAULT. (a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Master Contract are in addition to all other available remedies. (b) In the event of termination for default, Enterprise Services may exercise any remedy provided by law including, without limitation, the right to procure for all Purchasers replacement Goods and/or Services. In such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not limited to, any price difference between the AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 19 Master Contract price and the replacement or cover price as well as any administrative and/or transaction costs directly related to such replacement procurement – e.g., the cost of the competitive procurement. 16.9. LIMITATION ON DAMAGES. Notwithstanding any provision to the contrary, the parties agree that in no event shall any party or Purchaser be liable to the other for exemplary or punitive damages; Provided, however, that nothing contained in this Section will in any way exclude or limit: (a) a party’s liability for all damages arising out of that party’s intentional acts or omissions; (b) the operation of any Goods or Services warranty provided in this Master Contract; or (c) damages subject to the Intellectual Property Indemnity section of this Master Contract. Any limitation of either party’s obligations under this Master Contract, by delivery slips or other documentation is void. 16.10. SUSPENSION/TERMINATION PROCEDURE. Regardless of basis, in the event of suspension or termination (in full or in part), the parties shall cooperate to ensure an orderly and efficient suspension or termination. Accordingly, Contractor shall deliver to Purchasers all Goods and/or Services that are complete (or with approval from Enterprise Services, substantially complete) and Purchasers shall inspect, accept, and pay for the same in accordance with this Master Contract and the applicable Purchase Order. Unless directed by Enterprise Services to the contrary, Contractor shall not process any orders after notice of suspension or termination inconsistent therewith. 16.11. PURCHASER PURCHASE ORDERS. Purchaser Orders may be terminated: (a) upon the mutual written agreement of the parties; (b) by the non-breaching party where the breach is not cured within thirty (30) calendar days after written notice of breach is delivered to the breaching party, unless a different time for cure is otherwise stated in the applicable Purchase Order; and (c) as otherwise expressly provided for in the applicable Purchase Order. Purchase Orders shall terminate automatically and without further action if a party becomes insolvent or is placed in receivership, reorganization, liquidation, or bankruptcy. In addition to any other available remedies, the non-breaching party may terminate the Purchase Order as provided in subsection (b) above without further liability by written notice to the breaching party. A termination for breach will not affect rights or obligations accrued or owed before the effective date of the termination notice. 17. PUBLIC INFORMATION & PUBLIC RECORDS DISCLOSURE REQUESTS. 17.1. WASHINGTON’S PUBLIC RECORDS ACT. Unless statutorily exempt from public disclosure, this Master Contract and all related records are subject to public disclosure as required by Washington’s Public Records Act, RCW 42.56. 17.2. CONTRACTOR OBLIGATION. Contractor shall identify and mark the precise portion(s) of the relevant page(s) of any records provided to Enterprise Services that Contractor believes are statutorily exempt from disclosure and identify the precise statutory basis for exemption from disclosure. In addition, if, in Contractor’s judgment, certain portions of such records are not statutorily exempt from disclosure but are sensitive because particular portions of Contractor’s records (NOT including pricing) include highly confidential, proprietary, or trade secret information (or the equivalent) that Contractor protects through the regular use of confidentiality or similar agreements and routine enforcements through court enforcement actions, Contractor shall identify and mark the precise portion(s) of the relevant page(s) of any records that include such sensitive information. AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 20 17.3. ENTERPRISE SERVICES’ OBLIGATION. In the event that Enterprise Services receives a public records disclosure request pertaining to records that Contractor has submitted and marked either as (a) statutorily exempt from disclosure; or (b) sensitive, Enterprise Services, prior to disclosure, will do the following: Enterprise Services’ Public Records Officer will review any records marked by Contractor as statutorily exempt from disclosure. In those situations, where the designation comports with the stated statutory exemption from disclosure, Enterprise Services will redact or withhold the record(s) as appropriate. For records marked ‘sensitive’ or for records where Enterprise Services determines that no statutory exemption to disclosure applies or is unable to determine whether the stated statutory exemption to disclosure properly applies, Enterprise Services will notify Contractor, at the address provided in the Master Contract, of the public records disclosure request and identify the date that Enterprise Services intends to release the record(s) (including records marked ‘sensitive’ or exempt from disclosure) to the requester unless Contractor, at Contractor’s sole expense, timely obtains a court order enjoining Enterprise Services from such disclosure. In the event Contractor fails to timely file a motion for a court order enjoining such disclosure, Enterprise Services will release the requested record(s) on the date specified. Contractor’s failure properly to identify exempted or sensitive information or timely respond after notice of request for public disclosure has been given shall be deemed a waiver by Contractor of any claim that such records are exempt or protected from public disclosure. 18. GENERAL PROVISIONS. 18.1. TIME IS OF THE ESSENCE. Time is of the essence for each and every provision of this Master Contract. 18.2. ENTIRE AGREEMENT. This Master Contract constitutes the entire agreement and understanding of the parties with respect to the subject matter and supersedes all prior negotiations, representations, and understandings between them. There are no representations or understandings of any kind not set forth herein. 18.3. AMENDMENT OR MODIFICATION. Except as set forth herein, this Master Contract may not be amended or modified except in writing and signed by a duly authorized representative of each party. 18.4. AUTHORITY. Each party to this Master Contract, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Master Contract and that its execution, delivery, and performance of this Master Contract has been fully authorized and approved, and that no further approvals or consents are required to bind such party. 18.5. COMPLIANCE WITH LAW. Contractor shall comply with all applicable law. Contractor shall obtain all necessary permits and approvals and give all stipulations, certifications, and representations that may be required for it to perform this Master Contract. 18.6. NO AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall be or is intended to be created by or under this Master Contract. Neither party is an agent of the other party nor authorized to obligate it. 18.7. INDEPENDENT CONTRACTOR. The parties intend that an independent contractor relationship is created by this Master Contract. Contractor and its employees or agents performing under this Master Contract are not employees or agents of Enterprise Services. Contractor shall not have authorization, express or implied, to bind Enterprise Services to any agreement, liability, AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 21 or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or worker’s compensation benefits through Enterprise Services or the State of Washington and Enterprise Services and the State of Washington will not pay for or otherwise provide such coverage for Contractor and its employees and agents. 18.8. ASSIGNMENT. Contractor may not assign its rights under this Master Contract without Enterprise Services’ prior written consent and Enterprise Services may consider any attempted assignment without such consent to be void; Provided, however, that, if Contractor (a) provides written notice to Enterprise Services within thirty (30) calendar days of such event and (b) timely executes Enterprise Services’ Assignment, Assumption, and Consent Agreement, Contractor may assign its rights under this Master Contract in full to any parent, subsidiary, or affiliate of Contractor that controls or is controlled by or under common control with Contractor, is merged or consolidated with Contractor, or purchases a majority or controlling interest in the ownership or assets of Contractor. Unless otherwise agreed, Contractor guarantees prompt performance of all obligations under this Master Contract notwithstanding any prior assignment of its rights. 18.9. BINDING EFFECT; SUCCESSORS & ASSIGNS. This Master Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 18.10. ASSIGNMENT OF ANTITRUST RIGHTS REGARDING PURCHASED GOODS/SERVICES. Contractor irrevocably assigns to Enterprise Services, on behalf of the State of Washington, any claim for relief or cause of action which Contractor now has or which may accrue to Contractor in the future by reason of any violation of state or federal antitrust laws in connection with any Goods and/or Services provided in Washington for the purpose of carrying out Contractor’s obligations under this Master Contract, including, at Enterprise Services' option, the right to control any such litigation on such claim for relief or cause of action. 18.11. FEDERAL FUNDS. To the extent that any Purchaser uses federal funds to purchase Goods and/or Services pursuant to this Master Contract, such Purchaser shall specify, with its Purchase Order, any applicable requirement or certification that must be satisfied by Contractor at the time the Purchase Order is placed or upon delivery of such Goods/Services to Purchaser. 18.12. SEVERABILITY. If any provision of this Master Contract is held to be invalid or unenforceable, such provision shall not affect or invalidate the remainder of this Master Contract, and to this end the provisions of this Master Contract are declared to be severable. If such invalidity becomes known or apparent to the parties, the parties agree to negotiate promptly in good faith in an attempt to amend such provision as nearly as possible to be consistent with the intent of this Master Contract. 18.13. WAIVER. Failure of either party to insist upon the strict performance of any of the terms and conditions hereof, or failure to exercise any rights or remedies provided herein or by law, or to notify the other party in the event of breach, shall not release the other party of any of its obligations under this Master Contract, nor shall any purported oral modification or rescission of this Master Contract by either party operate as a waiver of any of the terms hereof. No waiver by either party of any breach, default, or violation of any term, warranty, representation, contract, covenant, right, condition, or provision hereof shall constitute waiver of any subsequent breach, default, or violation of the same or other term, warranty, representation, contract, covenant, right, condition, or provision. AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 22 18.14. SURVIVAL. All representations, warranties, covenants, agreements, and indemnities set forth in or otherwise made pursuant to this Master Contract shall survive and remain in effect following the expiration or termination of this Master Contract, Provided, however, that nothing herein is intended to extend the survival beyond any applicable statute of limitations periods. 18.15. GOVERNING LAW. The validity, construction, performance, and enforcement of this Master Contract shall be governed by and construed in accordance with the laws of the State of Washington, without regard to any choice of law principles that would provide for the application of the laws of another jurisdiction. 18.16. JURISDICTION & VENUE. In the event that any action is brought to enforce any provision of this Master Contract, the parties agree to exclusive jurisdiction in Thurston County Superior Court for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia, Washington. 18.17. ATTORNEYS’ FEES. In the event of litigation or other action brought to enforce this Master Contract, each party shall bear its own attorneys’ fees and costs. 18.18. FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Master Contract shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Master Contract. Each party hereto and its counsel has reviewed and revised this Master Contract and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of this Master Contract. Each term and provision of this Master Contract to be performed by either party shall be construed to be both a covenant and a condition. 18.19. FURTHER ASSURANCES. In addition to the actions specifically mentioned in this Master Contract, the parties shall each do whatever may reasonably be necessary to accomplish the transactions contemplated in this Master Contract including, without limitation, executing any additional documents reasonably necessary to effectuate the provisions and purposes of this Master Contract. 18.20. EXHIBITS. All exhibits referred to herein are deemed to be incorporated in this Master Contract in their entirety. 18.21. CAPTIONS & HEADINGS. The captions and headings in this Master Contract are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Master Contract nor the meaning of any provisions hereof. 18.22. ELECTRONIC SIGNATURES. An electronic signature or electronic record of this Master Contract or any other ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed copy of this Master Contract or such other ancillary agreement for all purposes. AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 23 18.23. COUNTERPARTS. This Master Contract may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Master Contract at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Master Contract. EXECUTED as of the date and year first above written. STATE OF WASHINGTON Department of Enterprise Services CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. By: ___________________________ David Mgebroff By: ___________________________ Type Name Its: Procurement Manager Its: Title Paul Van Der Bosch Vice President AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 24 EXHIBIT A INCLUDED GOODS/SERVICES Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that Contractor can commit to respond to each indicated location or county/counties with personnel and equipment, ready to start work immediately on the project with the following maximum response times. Location Response Time (in minutes) Adams County 60 Asotin County 95 Benton County 40 Chelan County 115 Clallam County 235 Clark County 75 Columbia County 95 Cowlitz County 75 Douglas County 120 Ferry County 115 Franklin County 40 Garfield County 95 Grant County 120 Grays Harbor County 155 Island County 60 Jefferson County 195 King County 30 Kitsap County 95 Kittitas County 120 Klickitat County 75 Lewis County 75 Lincoln County 60 Mason County 95 Okanogan County 115 Pacific County 155 Pend Oreille County 90 Pierce County 60 San Juan County 120 Skagit County 40 Skamania County 75 Snohomish County 40 Spokane County 60 AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 25 Stevens County 90 Thurston County 84 Wahkiakum County 155 Walla Walla County 40 Whatcom County 94 Whitman County 95 Yakima County 100 AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 26 Exhibit B PRICES FOR GOODS/SERVICES All pricings shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Master Contract and include all costs of the Contractor providing the materials/service including transportation, insurance, and warranty costs. Category 2 - Land based work Position No. Position Description Standard rate Overtime rate 1 Project leader $144.00 $144.00 2 Supervisor/Foreman $98.00 $98.00 3 Technician $77.00 $77.00 4 Excavator Operator $98.00 $98.00 5 Dump Truck Operator $98.00 $98.00 6 Vac Truck Operator $98.00 $98.00 7 Administrative Support $77.00 $77.00 8 Site Safety Officer $184.00 $184.00 Other Items Item No. Good/Service Price Unit 1 Emergency Response Truck $90.00 Hour 2 Pick-up Truck $30.00 Hour 3 Vac Truck $108.00 Hour 4 Pneumatic Drill $104.00 Hour 5 Excavator $114.00 Hour 6 Dump Truck $113.00 Hour 7 Flatbed Truck $42.00 Hour 8 1-Ton Truck $34.00 Hour 9 5-Ton Truck $99.00 Hour 10 Trailer $326.00 Day 11 Van $30.00 Hour 12 Street Sweeper $210.00 Hour 13 Power Wash Truck/Trailer $427.00 Day 14 Forklift $476.00 Day 15 Sampling equipment (kit) $158.00 Each 16 Road sign equipment $1.71 Day 17 Plastic Liner (Visqueen) $206.00 Roll 18 Absorbent materials $155.00 Bale 19 Hand tools $59.00 Day 20 3x85 Gallon Overpack $500.00 Each 21 4-Gas Monitor $203.00 Day 22 Portable Light Stand $120.00 Day 23 Generator $159.00 Day 24 Basic level PPE (level D) $35.00 Each 25 Roll off Container $31.00 Day 26 Rolloff Straightjob $108.00 Hour 27 Lab cost for Samples $300.00 Dependent on sample 28 Disposal of Liquid Diesel $0.50 Gallon 29 Disposal of Contaminated soil $165.00 Ton Additional items Position No. Position Description Standard rate Overtime rate 1 Chemist $112.00 $112.00 2 Lead Chemist $130.00 $130.00 3 Field Inspector $96.00 $96.00 4 Mechanic $112.00 $112.00 5 Welder $112.00 $112.00 6 Field Engineer/Scientist/Geologist $125.00 $125.00 7 Senior Engineer/Scientist/Geologist $141.00 $141.00 8 Professional Engineer/LSP $177.00 $177.00 9 Emergency Response Coordinator $148.00 $148.00 AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 27 10 General Manager $189.00 $189.00 Item No. Good/Service Price Unit 1 Antiviral Disinfectant Fogger $198.00 Day 2 Antiviral Electrostatic Sprayer $276.00 Day 3 Antiviral Backpack Sprayer $276.00 Day 4 Wheeled Antiviral Sprayer $551.00 Day 5 High Power Antiviral Fogger $717.00 Day 6 Antiviral Disinfectant Solution $55.00 Gallon 7 N95 Mask $8.85 Each 8 Pickup with Dump Body $34.00 Hour 9 Small Box Truck/ Cube Van $42.00 Hour 10 Utility/ Support Trailer $223.00 Day 11 High Powered Vacuum Truck/Cusco $159.00 Hour 12 Rolloff Two Can Trailer $119.00 Hour 13 Skid Mounted Vaccum System $72.00 Hour 14 Tractor Only, No Trailer $85.00 Hour 15 Tractor w/Boc Van $112.00 Hour 16 Tractor w/ Dump Trailer $112.00 Hour 17 Tractor w/Flatbed/Lowbed Trailer $121.00 Hour 18 Tractor w/Liquird Transporter $135.00 Hour 19 Tractor w/ Rolloff Trailer $119.00 Hour 20 Tractor w Vacuum Trailer $140.00 Hour 21 Vacuum with Jet Rodder $159.00 Hour 22 Wet/Dry High Powered Vaccum Truck/Guzzler $159.00 Hour 23 Hydrovac- Single Drive with Operator and Helper $229.00 Hour 24 Hydrovac- Tandem with Operator and Helper $331.00 Hour 25 Tri-Drive with Operator and Helper $331.00 Hour 26 Working Boiler/ Heat Charge $72.00 Hour 27 Backhoe Loader, 1 Yard Bucket $90.00 Hour 28 Bobcat Loader/Mini Excavator $84.00 Hour 29 Fork Attachment for Bobcat Loader $66.00 Day 30 Loader, 2-3 Yard Bucket $87.00 Hour 31 Mini Excavator $84.00 Hour 32 Sweeper Attachment for Bobcat Loader $162.00 Day 33 1/2in Drill, Electric $49.00 Day 34 Circular Saw, Electric $69.00 Day 35 Mercury Vacuum $234.00 Day 36 Reciprocating Saw (Sawzall), Electric $90.00 Day 37 Wet Vacuum (Shop Vac) $49.00 Day 38 Bailer & Sampling Equipment $69.00 Day 39 Draeger Air Monitoring Pump $90.00 Day 40 Explosion/Oxygen Meter $114.00 Day 41 Geiger Counter Meter $180.00 Day 42 Hydrogen Cyanide Meter $148.00 Day 43 Interface Probe $144.00 Day 44 Lumex RA915+ Mercury Vapor Analyzer $583.00 Day 45 Mercury Vapor Analyzer $298.00 Day 46 Particulate Meter, Mini Ram or equivalent $144.00 Day 47 Personal Air Pump Meter $69.00 Day 48 pH Meter $69.00 Day 49 PID Meter $144.00 Day 50 Well Purging/Sampling Pump $69.00 Day 51 Brush Cutter/Power Broom $140.00 Day 52 Chain Saw $140.00 Day 53 Cutoff Saw (Demo) $149.00 Day 54 Hose - Chemical, 2 in X 20 ft $42.00 Day 55 Hose - Chemical, 3 in X 20 ft $59.00 Day 56 Hose - Chemical, 4 in X 20 ft $77.00 Day 57 Hose - Flex, 4 in, per ft $4.70 Foot 58 Hose - Flex ADS, 6 in, per ft $6.80 Foot 59 Hose - Lay Flat, 2 in X 25ft $32.00 Day 60 Hose - Lay Flat, 4 in X 25 ft $69.00 Day 61 Hose - Lay Flat, 6 in X 25 ft $90.00 Day 62 Hose - Suction, 2 in X 25 ft $36.00 Day 63 Hose - Suction, 3 in X 25 ft $48.00 Day 64 Hose - Suction, 4 in X 25 ft $69.00 Day AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 28 65 Hose - Suction, 6 in X 25 ft $100.00 Day 66 Wash Hose, 1/2in x 50ft $20.00 Day 67 3/4in Drill, Rotary Hammer $104.00 Day 68 Airspade Pneumatic Shovel $76.00 Day 69 Jackhammer, 40Lb $75.00 Day 70 Jackhammer, 60Lb $93.00 Day 71 Jackhammer, 90Lb $112.00 Day 72 Pneumatic Chipping Gun $120.00 Day 73 Steel Nibbler, Pneumatic $149.00 Day 74 1000psi Pressure Washer $114.00 Day 75 2000psi Pressure Washer $124.00 Day 76 2500psi Hot Water Pressure Washer $387.00 Day 77 2500psi Pressure Washer $135.00 Day 78 10,000 PSI - 60 GPM - HP Pump (350, 405) $81.00 Hour 79 20,000 PSI - 23 GPM - HP Pump (305) $160.00 Hour 80 40,000 PSI - 6 GPM - UHP Pump (200 HP) $188.00 Hour 81 40,000 PSI - 12 GPM - UHP Pump (305) $188.00 Hour 82 2-D Rotating Nozzle $75.00 Hour 83 3-D Rotating Nozzle - 10K, 20-80 GPM (LV) $98.00 Hour 84 Capsur $206.00 Gallon 85 Cirtic Acid Solution, 15% $8.51 Gallon 86 Citrus Cleaner Degreaser $75.00 Gallon 87 Hydrated Lime, 50 lb / 23 kg $9.74 Bag 88 Penetone Degreaser $40.00 Gallon 89 Pink Stuff Degreaser $44.00 Gallon 90 Simple Green Degreaser $41.00 Gallon 91 Soda Ash, 100 lb / 45 kg $64.00 Bag 92 Sodium bisulfate 50 lb / 23 kg $148.00 Bag 93 Sodium Hypochlorite, 15% (Bleach) $22.00 Gallon 94 Level A w/ResponderPlus Suit/Changeout $1,079.00 Each 95 Level B w/CPF2 or Polytyvec/Changeout $228.00 Each 96 Level B w/CPF3 or Saranex Suit/Changeout $285.00 Each 97 Level B w/CPF4 or Barricade Suit/Changeout $341.00 Each 98 Level C w/CPF1,2 or Polytyvec/Changeout $69.00 Each 99 Level C w/CPF4 or Barricade Suit/Changeout $138.00 Each 100 Level C w/CPF3 or Saranex Suit/Changeout $85.00 Each 101 Drum Head Vacuum System, Electric $61.00 Day 102 Drum Loader $195.00 Day 103 Pump - Centrifugal, 2 in $125.00 Day 104 Pump - Diesel Lister, 3 in $175.00 Day 105 Pump - Double Diaphragm, 1 in $110.00 Day 106 Pump - Double Diaphragm, 2 in $156.00 Day 107 Pump - Double Diaphragm, 2 in, Chemical $207.00 Day 108 Pump - Double Diaphragm, 3 in $175.00 Day 109 Pump - Double Diaphragm, 3 in, Chemical $229.00 Day 110 Pump - Double Diaphragm, 4 in $240.00 Day 111 Pump - Electric Drum $124.00 Day 112 Pump - Electric Submersible, 2 in $99.00 Day 113 Pump - Electric Submersible, 3 in $124.00 Day 114 Pump - Electric Submersible, 4 in $182.00 Day 115 Pump - Hand $40.00 Day 116 Pump - Hydraulic Transfer, 4 in $40.00 Hour 117 Pump - Hydraulic Transfer, 6 in $298.00 Hour 118 Pump - Trash, 2 in $124.00 Day 119 Pump - Trash, 3 in $143.00 Day 120 Pump - Trash, 4 in $324.00 Day 121 Drum Vacuum, Pneumatic $208.00 Day 122 100 HP Boiler Unit $114.00 Hour 123 15 Gal HEPA Vacuum $195.00 Day 124 150,000 BTU Portable Heater $309.00 Day 125 2 CU YD self dumping hopper $4.43 Day 126 2,000 - 2,900 Gal Poly Storage Tank $81.00 Day 127 Frac Tank 20,000 Gal $167.00 Day 128 3,000 - 3,900 Gal Steel Storage Tank $28.00 Day 129 300 - 500 Gal Poly Storage Tank $48.00 Day 130 4,000 - 6,000 Gal Poly Storage Tank $99.00 Day AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 29 131 Air Compressor 175-185 CFM $298.00 Day 132 Air Compressor 8-10 CFM $139.00 Day 133 ATV, 4X4 or 4X6 $416.00 Day 134 Carbon Filter System $282.00 Day 135 Decon Pool, 10ft x 10ft $171.00 Day 136 Decon Pool, 20ft x 100ft $512.00 Day 137 Decon Pool, 25ft x 50ft $341.00 Day 138 Decontamination Trailer $188.00 Day 139 Dewatering Box $177.00 Day 140 Dump Trailer (Trailer Only, Staged on Site) $84.00 Day 141 Eyewash Station $61.00 Day 142 Frac Tank, Double Walled $200.00 Day 143 Generator - 12K Watt $285.00 Day 144 Generator - 5,000 Watt $180.00 Day 145 Generator - 8,000 Watt $208.00 Day 146 Halogen Spotlight $120.00 Day 147 Incident Command Unit $1,781.00 Day 148 Intermodal Container $33.00 Day 149 Intrinsically Safe Drop Light $120.00 Day 150 Light Tower w/Generator $594.00 Day 151 Office Trailer $130.00 Day 152 On-site Van Trailer (Tractor not included) $229.00 Day 153 Personnel Staging Tent, 10x10 ft, Purchased $198.00 Each 154 Personnel Staging Tent, 20' x 30' $155.00 Day 155 Rolloff Container with Metal lid $24.00 Day 156 Rolloff Container with Tarp & Bows $21.00 Day 157 Sea Container / Conex / Tool Crib, 20 ft. $31.00 Day 158 Secondary Containment Unit $42.00 Day 159 Skid Mounted Liquid Phase Carbon System (10GPM) $78.00 Day 160 Tank Trailer/Transporter, No Tractor (For Storage Only) $518.00 Day 161 Traffic Cone/Barricade Unit $1.71 Day 162 Utility/Cross Terrain Vehicle (Mule/Gator) $416.00 Day 163 Vacuum Box, Watertight $112.00 Day 164 Decon Station $220.00 Day 165 Cutting Torch/Acetylene Torch $138.00 Day 166 Electric Auger $84.00 Day 167 Auger, Manual $75.00 Day 168 Compactor $75.00 Day 169 Walk Behind Concrete Saw $259.00 Day 170 Confined Space Entry Gear (Retrieval & Rescue Equip) $414.00 Day 171 DBI/Rogliss Tripod $75.00 Day 172 Drum Crusher, Portable $518.00 Day 173 Drum Tilter, Mechanical $195.00 Day 174 Electric Blower $100.00 Day 175 Fiber Optic Camera $66.00 Hour 176 Fiber Optic Camera Truck $169.00 Hour 177 Manlift $285.00 Day 178 Forklift, 6,000Lb Capacity (High Reach / Lull) $512.00 Day 179 Plasma Cutting Torch $270.00 Day 180 Explosion Proof Pneumatic Fan Blower $100.00 Day 181 Remote Drum Opener, Pnuematic $1,354.00 Day 182 Sand Blaster and Hose $34.00 Hour 183 Transit Set $143.00 Day 184 Kappler CPF1 Suit (Blue) $41.00 Each 185 Kappler CPF2 Suit (Grey) $68.00 Each 186 Kappler CPF2 Suit w/Strapped Seams (Grey) $114.00 Each 187 Kappler CPF3 Suit w/Hood & Boots (Tan) $155.00 Each 188 Kappler CPF3 Suit w/Hood & Strapped Seams (Tan) $195.00 Each 189 Kappler CPF4 Suit w/Hood & Boots (Green) $160.00 Each 190 Chemrel Suit, Level C $102.00 Each 191 Nomex Suit and Hood $221.00 Each 192 Polycoated Rain Gear, 22mil $38.00 Each 193 Tyvec, Polycoat HD/BT $27.00 Each 194 Tyvec, Saranex $69.00 Each 195 Tyvec, White $27.00 Each 196 Gloves - 12 in PVC $14.11 Pair AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 30 197 14in Neoprene Gloves $15.79 Pair 198 14in Nitrile Gloves $15.79 Pair 199 Gloves - 18 in PVC $14.67 Pair 200 Cotton Winter Glove Liners $7.28 Pair 201 Cut Resistant Gloves $38.00 Pair 202 Glove, Nitrile, Inner Liner $4.12 Pair 203 Latex Gloves $16.46 Box 204 Gloves - Leather $9.74 Pair 205 Puncture Resistant Gloves $41.00 Pair 206 Silver Shield Gloves $41.00 Pair 207 Disposable Boot Covers (Chicken Boots) $15.23 Pair 208 2 Man Breathing System $328.00 Day 209 4 Man Breathing System $416.00 Day 210 Acid Cartridges $36.00 Pair 211 Asbestos Cartridges $37.00 Pair 212 Breathing Air Hose, 100ft $120.00 Day 213 Chlorine Cartridges $39.00 Pair 214 Mercury Cartridges $66.00 Pair 215 MSA Chemical Cartridge $40.00 Each 216 Negative Air Machine (Blower w/ HEPA filter) $298.00 Day 217 Organic Vapor Cartridges (No Dust) $46.00 Pair 218 Organic Vapor/Dust Combination Cartridges $63.00 Pair 219 Respirator, Full Face $42.00 Day 220 Self Contained Breathing Apparatus (SCBA) $298.00 Day 221 1 Cubic Yard Supersac 13H2/Y/06 $115.00 Each 222 10 Gal / 40 Litre Fiber Drum $49.00 Each 223 110 Gal Steel Drum, Reconditioned 1A2/Y400S $631.00 Each 224 16 Gal / 70 L Closed Poly Drum $94.00 Each 225 16 Gal / 70 L Open Poly Drum 1H2/Y56/S $96.00 Each 226 16 Gal Fiber Drum $41.00 Each 227 18x18x24in Nonhazardous Pathological Waste Box $12.21 Each 228 20 Gal / 80 Litre Fiber Drum $41.00 Each 229 20 Gal / 80 Litre Poly Drum (1H2/Y56/S) $122.00 Each 230 275G / 1100 L Poly TOTE, DOT Rated $621.00 Each 231 275G / 1100 L Recondition Poly TOTE, DOT Rated $364.00 Each 232 30 Gal / 120 Litre Closed Poly Drum 1H1/Y1.8/100 $122.00 Each 233 30 Gal / 120 Litre Closed Steel Drum, New 1A1/Y1.6/200 $145.00 Each 234 30 Gal / 120 Litre Closed Steel Drum, Reconed 1A1/Y1.4/100 $109.00 Each 235 30 Gal / 120 Litre Fiber Drum 1G/X56/S $63.00 Each 236 30 Gal / 120 Litre Open Poly Drum 1H2/Y142/S $159.00 Each 237 30 Gal / 120 Litre Steel Drum, New 1A2/Y1.4/100 $194.00 Each 238 30 Gal / 120 Litre Steel Drum, Reconditioned 1A2/Y1.2/100 $167.00 Each 239 4ft Fluorescent Tube Box 4G/Y275 $31.00 Each 240 5 Gal / 20 Litre Closed Poly Drum 1H1/Y1.8/170 $36.00 Each 241 5 Gal / 20 Litre Closed Steel Drum 1A1/Y1.8/300 $41.00 Each 242 5 Gal / 20 Litre Poly Drum 1H2/Y1.5/60 $31.00 Each 243 5 Gal / 20 Litre Steel Drum 1A2/Y1.8/100 $66.00 Each 244 5.5 Gal / 20 L Steel Drum 1A2/Y23/S $30.00 Each 245 55 G / 205 L Closed Steel Drum, Recon 1A1/Y1.4/100 (17-E) $93.00 Each 246 55 G / 205 L Steel Drum, Reconditioned 1A2/Y1.2/100 (17-H) $118.00 Each 247 55 Gal / 205 L Stainless Steel Drum, Reconditioned $306.00 Each 248 55 Gal / 205 Litre Closed Poly Drum 1H1/Y1.8/150 $140.00 Each 249 55 Gal / 205 Litre Closed Poly Drum 1H1/Y1.8/150, Recycled $120.00 Each 250 55 Gal / 205 Litre Closed Steel Drum, New 1A1/Y1.8/300 $157.00 Each 251 55 Gal / 205 Litre Fiber Drum 1G/Y190/S $74.00 Each 8.5 55 Gal / 205 Litre Open Head Poly, Reconditioned Drum 1H2/Y2 $112.00 Each 253 55 Gal / 205 Litre Poly Drum 1H2/Y237/S $153.00 Each 254 55 Gal / 205 Litre Steel Drum, New 1A2/Y1.5/100 $206.00 Each 255 85 G / 320 L Steel Drum, Reconded 1A2/X400/S (Overpack) $500.00 Each 256 85 Gal / 320 Litre Steel Drum, New 1A2/X400/S $448.00 Each 257 85 Gal / 320 Litre Steel Drum, Recycled 1A2/X400/S $233.00 Each 258 8ft Fluorescent Tube Box 4G/Y275 $50.00 Each 259 95 Gal Poly Drum 1H2/Y318/S (Overpack) $494.00 Each 260 95 Gal Poly Drum, Recycled 1H2/Y318/S (Overpack) $325.00 Each 261 Drum 15 Gal / 60 Litre Poly (1H2/Y1.8/100) $86.00 Each AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 31 262 Drum Liners $5.94 Each 263 Dump Trailer Poly Liner $116.00 Each 264 Filter/Liner for Filter Box $432.00 Each 265 Flexbin, 1 Cubic Yard Flexbin 11G/Y/2022/1122 $115.00 Each 266 Flexbin, Cubic Yard Box for Non-Haz Waste $115.00 Each 267 Flexbin/Cubic Yard Box Liner $36.00 Each 268 Fluorescent Bulb Tubes, 4ft 100 bulb capacity $119.00 Box 269 Fluorescent Bulb Tubes, 8ft 100 bulb capacity $108.00 Box 270 Hazardous Waste Labels / Markings $2.02 Each 271 Labels - DOT Diamonds $2.02 Each 272 Pathological Waste Bag $7.39 Each 273 Poly Bags, 6mil, per Roll $206.00 Each 274 Rolloff Poly Liner $102.00 Each 275 Vacbox Liner/Bladder $933.00 Each 276 Waste Wrangler $115.00 Each 278 Absorbent Boom, 3in x 4ft $9.74 Each 279 Absorbent Boom, 5in x 10ft x 4/Bale $187.00 Bale 280 Absorbent Boom, 8in x 10ft x 4/Bale $299.00 Bale 281 Absorbent Roll, 38in x 144ft $220.00 Each 282 Absorbent Rug, 36in x 300ft $364.00 Each 283 Absorbent Sweep, 17in x 100ft $194.00 Bale 284 HGX Absorbent (Mercury absorbent) $25.00 Pounds 285 Oil Snare, on a Line, 50ft $118.00 Each 286 Poly Absorbent, 20 lb / 23 kg $128.00 Bags 287 Rags, 50 lb / 23 kg $106.00 Box 288 Speedi Dry $14.56 Bag 289 SPI Solidification Particulate (Oil Bond) $24.00 Pounds 290 SPI Waterbond $19.00 Pounds 291 Vermiculite 4 cuft $66.00 Bag 292 Acetylene Bottle $55.00 Each 293 Breathing Air Bottle Refill $37.00 Each 294 Rolloff Bow $52.00 Each 295 Rolloff Tarp $507.00 Each 296 Misc. Handtools $59.00 Day 297 Caution Tape/Roll $68.00 Each 298 Duct Tape/Roll $18.00 Each 299 Shrink Wrap $58.00 Roll 300 First Aid Kit, 25 Person $101.00 Each 301 Bottled Water / Stress Relief (Case) $31.00 Case 302 Digital Camera $99.00 Day 303 Profile Approval Fee (No Sample) $75.00 Each 304 Sample & Profile Approval Fee $158.00 Each Fees 305 Subcontractor Markup Cost plus 35% 306 Variable Energy and Security Recovery Fee Adjusted monthly: 22% for March 2022 307 Waste Document Preparation Fee (if necessary) $125/Day 308 Manifest Fee $20/Manifest 309 Incident Reports (if requested) $200/Each or case by case Category 3 - Water based work (Marine and Inland Water Incidents) Position No. Position Description Standard rate Overtime rate 1 Project leader $144.00 $144.00 2 Administrative Support $77.00 $77.00 3 Supervisors/Foremen $98.00 $98.00 4 Salvage Master $144.00 $144.00 5 Tender $98.00 $98.00 6 Boatmen $98.00 $98.00 7 Laborer $77.00 $77.00 Other Items Item No. Good/Service Price Unit 1 Containment boom $2.36 Foot 2 Marco skimmer (or equivalent) $7,244.00 Day 3 Portable rotating drum skimming system $1,234.00 Day AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 32 4 Frac tank (Baker tank) $167.00 Day 5 Vac Truck $108.00 Hour 6 Skiff/workboat $1,512.00 Day 7 Pick-up Truck $30.00 Hour 8 1-Ton Truck $34.00 Hour 9 Port Disc Skimmer $1,028.00 Day 10 Absorbent Sweep (bales) $194.00 Bale 11 Absorbent Boom (bales) $299.00 Bale 12 Absorbent Pads (bales) $155.00 Bale 13 FRV 1 (25-30 ft.) $1,257.00 Day 14 FRV 2 (25-30 ft.) $1,257.00 Day 15 4,000 ft. General Purpose Boom $3.24 Foot 16 Pump $182.00 Day 17 1,000 ft. Hose $4.70 Foot 18 Portable Generator (5kW) $180.00 Day 19 2000 ft. River Boom $2.51 Foot 20 Portable Skimmer $450.00 Day 21 500-Gallon Storage $48.00 Day 22 Pressure Portable Pump $324.00 Day 23 600' Hose $4.70 Foot 24 Basic level PPE (level D) $35.00 Each Additional items Position No. Position Description Standard rate Overtime rate 1 Chemist $112.00 $112.00 2 Lead Chemist $130.00 $130.00 3 Field Inspector $96.00 $96.00 4 Mechanic $112.00 $112.00 5 Welder $112.00 $112.00 6 Field Engineer/Scientist/Geologist $125.00 $125.00 7 Senior Engineer/Scientist/Geologist $141.00 $141.00 8 Professional Engineer/LSP $177.00 $177.00 9 Emergency Response Coordinator $148.00 $148.00 10 General Manager $189.00 $189.00 Item No. Good/Service Price Unit 1 Antiviral Disinfectant Fogger $198.00 Day 2 Antiviral Electrostatic Sprayer $276.00 Day 3 Antiviral Backpack Sprayer $276.00 Day 4 Wheeled Antiviral Sprayer $551.00 Day 5 High Power Antiviral Fogger $717.00 Day 6 Antiviral Disinfectant Solution $55.00 Gallon 7 N95 Mask $8.85 Each 8 Pickup with Dump Body $34.00 Hour 9 Small Box Truck/ Cube Van $42.00 Hour 10 Utility/ Support Trailer $223.00 Day 11 High Powered Vacuum Truck/Cusco $159.00 Hour 12 Rolloff Two Can Trailer $119.00 Hour 13 Skid Mounted Vaccum System $72.00 Hour 14 Tractor Only, No Trailer $85.00 Hour 15 Tractor w/Boc Van $112.00 Hour 16 Tractor w/ Dump Trailer $112.00 Hour 17 Tractor w/Flatbed/Lowbed Trailer $121.00 Hour 18 Tractor w/Liquird Transporter $135.00 Hour 19 Tractor w/ Rolloff Trailer $119.00 Hour 20 Tractor w Vacuum Trailer $140.00 Hour 21 Vacuum with Jet Rodder $159.00 Hour 22 Wet/Dry High Powered Vaccum Truck/Guzzler $159.00 Hour 23 Hydrovac- Single Drive with Operator and Helper $229.00 Hour 24 Hydrovac- Tandem with Operator and Helper $331.00 Hour 25 Tri-Drive with Operator and Helper $331.00 Hour 26 Working Boiler/ Heat Charge $72.00 Hour 27 Backhoe Loader, 1 Yard Bucket $90.00 Hour 28 Bobcat Loader/Mini Excavator $84.00 Hour 29 Fork Attachment for Bobcat Loader $66.00 Day 30 Loader, 2-3 Yard Bucket $87.00 Hour 31 Mini Excavator $84.00 Hour AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 33 32 Sweeper Attachment for Bobcat Loader $162.00 Day 33 1/2in Drill, Electric $49.00 Day 34 Circular Saw, Electric $69.00 Day 35 Mercury Vacuum $234.00 Day 36 Reciprocating Saw (Sawzall), Electric $90.00 Day 37 Wet Vacuum (Shop Vac) $49.00 Day 38 Bailer & Sampling Equipment $69.00 Day 39 Draeger Air Monitoring Pump $90.00 Day 40 Explosion/Oxygen Meter $114.00 Day 41 Geiger Counter Meter $180.00 Day 42 Hydrogen Cyanide Meter $148.00 Day 43 Interface Probe $144.00 Day 44 Lumex RA915+ Mercury Vapor Analyzer $583.00 Day 45 Mercury Vapor Analyzer $298.00 Day 46 Particulate Meter, Mini Ram or equivalent $144.00 Day 47 Personal Air Pump Meter $69.00 Day 48 pH Meter $69.00 Day 49 PID Meter $144.00 Day 50 Well Purging/Sampling Pump $69.00 Day 51 Brush Cutter/Power Broom $140.00 Day 52 Chain Saw $140.00 Day 53 Cutoff Saw (Demo) $149.00 Day 54 Hose - Chemical, 2 in X 20 ft $42.00 Day 55 Hose - Chemical, 3 in X 20 ft $59.00 Day 56 Hose - Chemical, 4 in X 20 ft $77.00 Day 57 Hose - Flex, 4 in, per ft $4.70 Foot 58 Hose - Flex ADS, 6 in, per ft $6.80 Foot 59 Hose - Lay Flat, 2 in X 25ft $32.00 Day 60 Hose - Lay Flat, 4 in X 25 ft $69.00 Day 61 Hose - Lay Flat, 6 in X 25 ft $90.00 Day 62 Hose - Suction, 2 in X 25 ft $36.00 Day 63 Hose - Suction, 3 in X 25 ft $48.00 Day 64 Hose - Suction, 4 in X 25 ft $69.00 Day 65 Hose - Suction, 6 in X 25 ft $100.00 Day 66 Wash Hose, 1/2in x 50ft $20.00 Day 67 3/4in Drill, Rotary Hammer $104.00 Day 68 Airspade Pneumatic Shovel $76.00 Day 69 Jackhammer, 40Lb $75.00 Day 70 Jackhammer, 60Lb $93.00 Day 71 Jackhammer, 90Lb $112.00 Day 72 Pneumatic Chipping Gun $120.00 Day 73 Steel Nibbler, Pneumatic $149.00 Day 74 1000psi Pressure Washer $114.00 Day 75 2000psi Pressure Washer $124.00 Day 76 2500psi Hot Water Pressure Washer $387.00 Day 77 2500psi Pressure Washer $135.00 Day 78 10,000 PSI - 60 GPM - HP Pump (350, 405) $81.00 Hour 79 20,000 PSI - 23 GPM - HP Pump (305) $160.00 Hour 80 40,000 PSI - 6 GPM - UHP Pump (200 HP) $188.00 Hour 81 40,000 PSI - 12 GPM - UHP Pump (305) $188.00 Hour 82 2-D Rotating Nozzle $75.00 Hour 83 3-D Rotating Nozzle - 10K, 20-80 GPM (LV) $98.00 Hour 84 Capsur $206.00 Gallon 85 Cirtic Acid Solution, 15% $8.51 Gallon 86 Citrus Cleaner Degreaser $75.00 Gallon 87 Hydrated Lime, 50 lb / 23 kg $9.74 Bag 88 Penetone Degreaser $40.00 Gallon 89 Pink Stuff Degreaser $44.00 Gallon 90 Simple Green Degreaser $41.00 Gallon 91 Soda Ash, 100 lb / 45 kg $64.00 Bag 92 Sodium bisulfate 50 lb / 23 kg $148.00 Bag 93 Sodium Hypochlorite, 15% (Bleach) $22.00 Gallon 94 Level A w/ResponderPlus Suit/Changeout $1,079.00 Each 95 Level B w/CPF2 or Polytyvec/Changeout $228.00 Each 96 Level B w/CPF3 or Saranex Suit/Changeout $285.00 Each 97 Level B w/CPF4 or Barricade Suit/Changeout $341.00 Each 98 Level C w/CPF1,2 or Polytyvec/Changeout $69.00 Each AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 34 99 Level C w/CPF4 or Barricade Suit/Changeout $138.00 Each 100 Level C w/CPF3 or Saranex Suit/Changeout $85.00 Each 101 Drum Head Vacuum System, Electric $61.00 Day 102 Drum Loader $195.00 Day 103 Pump - Centrifugal, 2 in $125.00 Day 104 Pump - Diesel Lister, 3 in $175.00 Day 105 Pump - Double Diaphragm, 1 in $110.00 Day 106 Pump - Double Diaphragm, 2 in $156.00 Day 107 Pump - Double Diaphragm, 2 in, Chemical $207.00 Day 108 Pump - Double Diaphragm, 3 in $175.00 Day 109 Pump - Double Diaphragm, 3 in, Chemical $229.00 Day 110 Pump - Double Diaphragm, 4 in $240.00 Day 111 Pump - Electric Drum $124.00 Day 112 Pump - Electric Submersible, 2 in $99.00 Day 113 Pump - Electric Submersible, 3 in $124.00 Day 114 Pump - Electric Submersible, 4 in $182.00 Day 115 Pump - Hand $40.00 Day 116 Pump - Hydraulic Transfer, 4 in $40.00 Hour 117 Pump - Hydraulic Transfer, 6 in $298.00 Hour 118 Pump - Trash, 2 in $124.00 Day 119 Pump - Trash, 3 in $143.00 Day 120 Pump - Trash, 4 in $324.00 Day 121 Drum Vacuum, Pneumatic $208.00 Day 122 100 HP Boiler Unit $114.00 Hour 123 15 Gal HEPA Vacuum $195.00 Day 124 150,000 BTU Portable Heater $309.00 Day 125 2 CU YD self dumping hopper $4.43 Day 126 2,000 - 2,900 Gal Poly Storage Tank $81.00 Day 127 Frac Tank 20,000 Gal $167.00 Day 128 3,000 - 3,900 Gal Steel Storage Tank $28.00 Day 129 300 - 500 Gal Poly Storage Tank $48.00 Day 130 4,000 - 6,000 Gal Poly Storage Tank $99.00 Day 131 Air Compressor 175-185 CFM $298.00 Day 132 Air Compressor 8-10 CFM $139.00 Day 133 ATV, 4X4 or 4X6 $416.00 Day 134 Carbon Filter System $282.00 Day 135 Decon Pool, 10ft x 10ft $171.00 Day 136 Decon Pool, 20ft x 100ft $512.00 Day 137 Decon Pool, 25ft x 50ft $341.00 Day 138 Decontamination Trailer $188.00 Day 139 Dewatering Box $177.00 Day 140 Dump Trailer (Trailer Only, Staged on Site) $84.00 Day 141 Eyewash Station $61.00 Day 142 Frac Tank, Double Walled $200.00 Day 143 Generator - 12K Watt $285.00 Day 144 Generator - 5,000 Watt $180.00 Day 145 Generator - 8,000 Watt $208.00 Day 146 Halogen Spotlight $120.00 Day 147 Incident Command Unit $1,781.00 Day 148 Intermodal Container $33.00 Day 149 Intrinsically Safe Drop Light $120.00 Day 150 Light Tower w/Generator $594.00 Day 151 Office Trailer $130.00 Day 152 On-site Van Trailer (Tractor not included) $229.00 Day 153 Personnel Staging Tent, 10x10 ft, Purchased $198.00 Each 154 Personnel Staging Tent, 20' x 30' $155.00 Day 155 Rolloff Container with Metal lid $24.00 Day 156 Rolloff Container with Tarp & Bows $21.00 Day 157 Sea Container / Conex / Tool Crib, 20 ft. $31.00 Day 158 Secondary Containment Unit $42.00 Day 159 Skid Mounted Liquid Phase Carbon System (10GPM) $78.00 Day 160 Tank Trailer/Transporter, No Tractor (For Storage Only) $518.00 Day 161 Traffic Cone/Barricade Unit $1.71 Day 162 Utility/Cross Terrain Vehicle (Mule/Gator) $416.00 Day 163 Vacuum Box, Watertight $112.00 Day 164 Decon Station $220.00 Day 165 Cutting Torch/Acetylene Torch $138.00 Day AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 35 166 Electric Auger $84.00 Day 167 Auger, Manual $75.00 Day 168 Compactor $75.00 Day 169 Walk Behind Concrete Saw $259.00 Day 170 Confined Space Entry Gear (Retrieval & Rescue Equip) $414.00 Day 171 DBI/Rogliss Tripod $75.00 Day 172 Drum Crusher, Portable $518.00 Day 173 Drum Tilter, Mechanical $195.00 Day 174 Electric Blower $100.00 Day 175 Fiber Optic Camera $66.00 Hour 176 Fiber Optic Camera Truck $169.00 Hour 177 Manlift $285.00 Day 178 Forklift, 6,000Lb Capacity (High Reach / Lull) $512.00 Day 179 Plasma Cutting Torch $270.00 Day 180 Explosion Proof Pneumatic Fan Blower $100.00 Day 181 Remote Drum Opener, Pnuematic $1,354.00 Day 182 Sand Blaster and Hose $34.00 Hour 183 Transit Set $143.00 Day 184 Kappler CPF1 Suit (Blue) $41.00 Each 185 Kappler CPF2 Suit (Grey) $68.00 Each 186 Kappler CPF2 Suit w/Strapped Seams (Grey) $114.00 Each 187 Kappler CPF3 Suit w/Hood & Boots (Tan) $155.00 Each 188 Kappler CPF3 Suit w/Hood & Strapped Seams (Tan) $195.00 Each 189 Kappler CPF4 Suit w/Hood & Boots (Green) $160.00 Each 190 Chemrel Suit, Level C $102.00 Each 191 Nomex Suit and Hood $221.00 Each 192 Polycoated Rain Gear, 22mil $38.00 Each 193 Tyvec, Polycoat HD/BT $27.00 Each 194 Tyvec, Saranex $69.00 Each 195 Tyvec, White $27.00 Each 196 Gloves - 12 in PVC $14.11 Pair 197 14in Neoprene Gloves $15.79 Pair 198 14in Nitrile Gloves $15.79 Pair 199 Gloves - 18 in PVC $14.67 Pair 200 Cotton Winter Glove Liners $7.28 Pair 201 Cut Resistant Gloves $38.00 Pair 202 Glove, Nitrile, Inner Liner $4.12 Pair 203 Latex Gloves $16.46 Box 204 Gloves - Leather $9.74 Pair 205 Puncture Resistant Gloves $41.00 Pair 206 Silver Shield Gloves $41.00 Pair 207 Disposable Boot Covers (Chicken Boots) $15.23 Pair 208 2 Man Breathing System $328.00 Day 209 4 Man Breathing System $416.00 Day 210 Acid Cartridges $36.00 Pair 211 Asbestos Cartridges $37.00 Pair 212 Breathing Air Hose, 100ft $120.00 Day 213 Chlorine Cartridges $39.00 Pair 214 Mercury Cartridges $66.00 Pair 215 MSA Chemical Cartridge $40.00 Each 216 Negative Air Machine (Blower w/ HEPA filter) $298.00 Day 217 Organic Vapor Cartridges (No Dust) $46.00 Pair 218 Organic Vapor/Dust Combination Cartridges $63.00 Pair 219 Respirator, Full Face $42.00 Day 220 Self Contained Breathing Apparatus (SCBA) $298.00 Day 221 1 Cubic Yard Supersac 13H2/Y/06 $115.00 Each 222 10 Gal / 40 Litre Fiber Drum $49.00 Each 223 110 Gal Steel Drum, Reconditioned 1A2/Y400S $631.00 Each 224 16 Gal / 70 L Closed Poly Drum $94.00 Each 225 16 Gal / 70 L Open Poly Drum 1H2/Y56/S $96.00 Each 226 16 Gal Fiber Drum $41.00 Each 227 18x18x24in Nonhazardous Pathological Waste Box $12.21 Each 228 20 Gal / 80 Litre Fiber Drum $41.00 Each 229 20 Gal / 80 Litre Poly Drum (1H2/Y56/S) $122.00 Each 230 275G / 1100 L Poly TOTE, DOT Rated $621.00 Each 231 275G / 1100 L Recondition Poly TOTE, DOT Rated $364.00 Each 232 30 Gal / 120 Litre Closed Poly Drum 1H1/Y1.8/100 $122.00 Each AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 36 233 30 Gal / 120 Litre Closed Steel Drum, New 1A1/Y1.6/200 $145.00 Each 234 30 Gal / 120 Litre Closed Steel Drum, Reconed 1A1/Y1.4/100 $109.00 Each 235 30 Gal / 120 Litre Fiber Drum 1G/X56/S $63.00 Each 236 30 Gal / 120 Litre Open Poly Drum 1H2/Y142/S $159.00 Each 237 30 Gal / 120 Litre Steel Drum, New 1A2/Y1.4/100 $194.00 Each 238 30 Gal / 120 Litre Steel Drum, Reconditioned 1A2/Y1.2/100 $167.00 Each 239 4ft Fluorescent Tube Box 4G/Y275 $31.00 Each 240 5 Gal / 20 Litre Closed Poly Drum 1H1/Y1.8/170 $36.00 Each 241 5 Gal / 20 Litre Closed Steel Drum 1A1/Y1.8/300 $41.00 Each 242 5 Gal / 20 Litre Poly Drum 1H2/Y1.5/60 $31.00 Each 243 5 Gal / 20 Litre Steel Drum 1A2/Y1.8/100 $66.00 Each 244 5.5 Gal / 20 L Steel Drum 1A2/Y23/S $30.00 Each 245 55 G / 205 L Closed Steel Drum, Recon 1A1/Y1.4/100 (17-E) $93.00 Each 246 55 G / 205 L Steel Drum, Reconditioned 1A2/Y1.2/100 (17-H) $118.00 Each 247 55 Gal / 205 L Stainless Steel Drum, Reconditioned $306.00 Each 248 55 Gal / 205 Litre Closed Poly Drum 1H1/Y1.8/150 $140.00 Each 249 55 Gal / 205 Litre Closed Poly Drum 1H1/Y1.8/150, Recycled $120.00 Each 250 55 Gal / 205 Litre Closed Steel Drum, New 1A1/Y1.8/300 $157.00 Each 251 55 Gal / 205 Litre Fiber Drum 1G/Y190/S $74.00 Each 252 55 Gal / 205 Litre Open Head Poly, Reconditioned Drum 1H2/Y2 $112.00 Each 253 55 Gal / 205 Litre Poly Drum 1H2/Y237/S $153.00 Each 254 55 Gal / 205 Litre Steel Drum, New 1A2/Y1.5/100 $206.00 Each 255 85 G / 320 L Steel Drum, Reconded 1A2/X400/S (Overpack) $500.00 Each 256 85 Gal / 320 Litre Steel Drum, New 1A2/X400/S $448.00 Each 257 85 Gal / 320 Litre Steel Drum, Recycled 1A2/X400/S $233.00 Each 258 8ft Fluorescent Tube Box 4G/Y275 $50.00 Each 259 95 Gal Poly Drum 1H2/Y318/S (Overpack) $494.00 Each 260 95 Gal Poly Drum, Recycled 1H2/Y318/S (Overpack) $325.00 Each 261 Drum 15 Gal / 60 Litre Poly (1H2/Y1.8/100) $86.00 Each 262 Drum Liners $5.94 Each 263 Dump Trailer Poly Liner $116.00 Each 264 Filter/Liner for Filter Box $432.00 Each 265 Flexbin, 1 Cubic Yard Flexbin 11G/Y/2022/1122 $115.00 Each 266 Flexbin, Cubic Yard Box for Non-Haz Waste $115.00 Each 267 Flexbin/Cubic Yard Box Liner $36.00 Each 268 Fluorescent Bulb Tubes, 4ft 100 bulb capacity $119.00 Box 269 Fluorescent Bulb Tubes, 8ft 100 bulb capacity $108.00 Box 270 Hazardous Waste Labels / Markings $2.02 Each 271 Labels - DOT Diamonds $2.02 Each 272 Pathological Waste Bag $7.39 Each 273 Poly Bags, 6mil, per Roll $206.00 Each 274 Rolloff Poly Liner $102.00 Each 275 Vacbox Liner/Bladder $933.00 Each 276 Waste Wrangler $115.00 Each 278 Absorbent Boom, 3in x 4ft $9.74 Each 279 Absorbent Boom, 5in x 10ft x 4/Bale $187.00 Bale 280 Absorbent Boom, 8in x 10ft x 4/Bale $299.00 Bale 281 Absorbent Roll, 38in x 144ft $220.00 Each 282 Absorbent Rug, 36in x 300ft $364.00 Each 283 Absorbent Sweep, 17in x 100ft $194.00 Bale 284 HGX Absorbent (Mercury absorbent) $25.00 Pounds 285 Oil Snare, on a Line, 50ft $118.00 Each 286 Poly Absorbent, 20 lb / 23 kg $128.00 Bags 287 Rags, 50 lb / 23 kg $106.00 Box 288 Speedi Dry $14.56 Bag 289 SPI Solidification Particulate (Oil Bond) $24.00 Pounds 290 SPI Waterbond $19.00 Pounds 291 Vermiculite 4 cuft $66.00 Bag 292 Acetylene Bottle $55.00 Each 293 Breathing Air Bottle Refill $37.00 Each 294 Rolloff Bow $52.00 Each 295 Rolloff Tarp $507.00 Each 296 Misc. Handtools $59.00 Day 297 Caution Tape/Roll $68.00 Each 298 Duct Tape/Roll $18.00 Each 299 Shrink Wrap $58.00 Roll 300 First Aid Kit, 25 Person $101.00 Each AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 37 301 Bottled Water / Stress Relief (Case) $31.00 Case 302 Digital Camera $99.00 Day 303 Profile Approval Fee (No Sample) $75.00 Each 304 Airboat, Single Engine $1,588.00 Day 304 Airboat, Twin Engine $4,630.00 Day 304 Boat/Workskiff without Motor $188.00 Day 304 Brush Skimmer $1,058.00 Day 304 Containment Boom - 10" Per Foot Per Day $2.36 Foot 304 Containment Boom - 18" Per Foot Per Day $2.63 Foot 304 Containment Boom - 24" Per Foot Per Day $3.40 Foot 304 Containment Boom - 36" Per Foot Per Day $3.82 Foot 304 Drum Skimmer (24in-36in) $830.00 Day 304 Drum Skimmer, Double Barrel 24" $1,296.00 Day 304 Hydraulic Power Pack for Skimmer $292.00 Day 304 Landing Craft (LCM), 26ft-29ft $1,257.00 Day 304 Landing Craft (LCM), 30ft-34ft $1,363.00 Day 304 Landing Craft (LCM), 35ft-45ft $2,044.00 Day 304 PFD Life Vest $36.00 Day 304 PFD Survival Suit / Cold Weather Survival Work Suits $108.00 Day 304 PFD Deck Suit $819.00 Each 304 Power Barge Boat, 26ft-30ft $1,455.00 Day 304 Power Barge Boat, 30ft-42ft $2,646.00 Day 304 Power Workboat, Fast Response, 12-14ft $395.00 Day 304 Power Workboat, Fast Response, 15-17ft $471.00 Day 304 Power Workboat, Fast Response, 18-22ft $789.00 Day 304 Power Workboat, Fast Response, 23-26ft $992.00 Day 304 Power Workboat, Fast Response, 27-36ft $1,257.00 Day 304 Rigid Hull Inflatable (RIB) (18ft-22ft) $1,040.00 Day 304 Rope Mop - 4" (Per Foot) $43.00 Foot 304 Rope Mop - 9" (Per Foot) $55.00 Foot 304 Rotating Disc Skimmer Unit $1,079.00 Day 304 Skim Pack Skimmer $214.00 Day 304 Skimmer - C24H Hydraulically Powered Rope Mop Wringer $860.00 Day 304 Skimmer - C29H Hydraulically Powered Rope Mop Wringer $1,158.00 Day 304 Skimmer - CV-46H Hydraulically powered Vertical Mop Wringer $1,026.00 Day 304 Skimmer, Duck Bill $38.00 Day 304 Skimming Vessel (Marco/JBF or Equivalent) 28-30ft $7,244.00 Day 304 Skimming Vessel Belt Drive Replacement $1,776.00 Each 304 Weir Skimmer Unit $230.00 Day Fees 305 Subcontractor Markup Cost plus 35% 306 Variable Energy and Security Recovery Fee Adjusted monthly: 22% for March 2022 307 Waste Document Preparation Fee (if necessary) $125/Day 308 Manifest Fee $20/Manifest 309 Incident Reports (if requested) $200/Each or case by case Category 5 - Transportation, Disposal, Incineration, or Recycling Position No. Position Description Standard rate Overtime rate 1 Supervisor $98.00 $98.00 2 Laborer $77.00 $77.00 3 Equipment Operator $98.00 $98.00 4 Administrative Support $77.00 $77.00 Other Items Item No. Good/Service Price Unit 1 Light Duty Pick up $30.00 Hour 2 Basic level PPE (level D) $35.00 Each 3 Box Truck $99.00 Hour 4 Truck dolly $50.00 Day 5 Disposal of 10 55gal drum Motor oil $85.00 Drum 6 Disposal 10 55 gal drum fertilizer $125.00 Drum AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 38 Additional items Position No. Position Description Standard rate Overtime rate 1 Chemist $112.00 $112.00 2 Lead Chemist $130.00 $130.00 3 Field Inspector $96.00 $96.00 4 Mechanic $112.00 $112.00 5 Welder $112.00 $112.00 6 Field Engineer/Scientist/Geologist $125.00 $125.00 7 Senior Engineer/Scientist/Geologist $141.00 $141.00 8 Professional Engineer/LSP $177.00 $177.00 9 Emergency Response Coordinator $148.00 $148.00 10 General Manager $189.00 $189.00 Item No. Good/Service Price Unit 1 Antiviral Disinfectant Fogger $198.00 Day 2 Antiviral Electrostatic Sprayer $276.00 Day 3 Antiviral Backpack Sprayer $276.00 Day 4 Wheeled Antiviral Sprayer $551.00 Day 5 High Power Antiviral Fogger $717.00 Day 6 Antiviral Disinfectant Solution $55.00 Gallon 7 N95 Mask $8.85 Each 8 Pickup with Dump Body $34.00 Hour 9 Small Box Truck/ Cube Van $42.00 Hour 10 Utility/ Support Trailer $223.00 Day 11 High Powered Vacuum Truck/Cusco $159.00 Hour 12 Rolloff Two Can Trailer $119.00 Hour 13 Skid Mounted Vaccum System $72.00 Hour 14 Tractor Only, No Trailer $85.00 Hour 15 Tractor w/Boc Van $112.00 Hour 16 Tractor w/ Dump Trailer $112.00 Hour 17 Tractor w/Flatbed/Lowbed Trailer $121.00 Hour 18 Tractor w/Liquird Transporter $135.00 Hour 19 Tractor w/ Rolloff Trailer $119.00 Hour 20 Tractor w Vacuum Trailer $140.00 Hour 21 Vacuum with Jet Rodder $159.00 Hour 22 Wet/Dry High Powered Vaccum Truck/Guzzler $159.00 Hour 23 Hydrovac- Single Drive with Operator and Helper $229.00 Hour 24 Hydrovac- Tandem with Operator and Helper $331.00 Hour 25 Tri-Drive with Operator and Helper $331.00 Hour 26 Working Boiler/ Heat Charge $72.00 Hour 27 Backhoe Loader, 1 Yard Bucket $90.00 Hour 28 Bobcat Loader/Mini Excavator $84.00 Hour 29 Fork Attachment for Bobcat Loader $66.00 Day 30 Loader, 2-3 Yard Bucket $87.00 Hour 31 Mini Excavator $84.00 Hour 32 Sweeper Attachment for Bobcat Loader $162.00 Day 33 1/2in Drill, Electric $49.00 Day 34 Circular Saw, Electric $69.00 Day 35 Mercury Vacuum $234.00 Day 36 Reciprocating Saw (Sawzall), Electric $90.00 Day 37 Wet Vacuum (Shop Vac) $49.00 Day 38 Bailer & Sampling Equipment $69.00 Day 39 Draeger Air Monitoring Pump $90.00 Day 40 Explosion/Oxygen Meter $114.00 Day 41 Geiger Counter Meter $180.00 Day 42 Hydrogen Cyanide Meter $148.00 Day 43 Interface Probe $144.00 Day 44 Lumex RA915+ Mercury Vapor Analyzer $583.00 Day 45 Mercury Vapor Analyzer $298.00 Day 46 Particulate Meter, Mini Ram or equivalent $144.00 Day 47 Personal Air Pump Meter $69.00 Day 48 pH Meter $69.00 Day 49 PID Meter $144.00 Day 50 Well Purging/Sampling Pump $69.00 Day 51 Brush Cutter/Power Broom $140.00 Day 52 Chain Saw $140.00 Day AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 39 53 Cutoff Saw (Demo) $149.00 Day 54 Hose - Chemical, 2 in X 20 ft $42.00 Day 55 Hose - Chemical, 3 in X 20 ft $59.00 Day 56 Hose - Chemical, 4 in X 20 ft $77.00 Day 57 Hose - Flex, 4 in, per ft $4.70 Foot 58 Hose - Flex ADS, 6 in, per ft $6.80 Foot 59 Hose - Lay Flat, 2 in X 25ft $32.00 Day 60 Hose - Lay Flat, 4 in X 25 ft $69.00 Day 61 Hose - Lay Flat, 6 in X 25 ft $90.00 Day 62 Hose - Suction, 2 in X 25 ft $36.00 Day 63 Hose - Suction, 3 in X 25 ft $48.00 Day 64 Hose - Suction, 4 in X 25 ft $69.00 Day 65 Hose - Suction, 6 in X 25 ft $100.00 Day 66 Wash Hose, 1/2in x 50ft $20.00 Day 67 3/4in Drill, Rotary Hammer $104.00 Day 68 Airspade Pneumatic Shovel $76.00 Day 69 Jackhammer, 40Lb $75.00 Day 70 Jackhammer, 60Lb $93.00 Day 71 Jackhammer, 90Lb $112.00 Day 72 Pneumatic Chipping Gun $120.00 Day 73 Steel Nibbler, Pneumatic $149.00 Day 74 1000psi Pressure Washer $114.00 Day 75 2000psi Pressure Washer $124.00 Day 76 2500psi Hot Water Pressure Washer $387.00 Day 77 2500psi Pressure Washer $135.00 Day 78 10,000 PSI - 60 GPM - HP Pump (350, 405) $81.00 Hour 79 20,000 PSI - 23 GPM - HP Pump (305) $160.00 Hour 80 40,000 PSI - 6 GPM - UHP Pump (200 HP) $188.00 Hour 81 40,000 PSI - 12 GPM - UHP Pump (305) $188.00 Hour 82 2-D Rotating Nozzle $75.00 Hour 83 3-D Rotating Nozzle - 10K, 20-80 GPM (LV) $98.00 Hour 84 Capsur $206.00 Gallon 85 Cirtic Acid Solution, 15% $8.51 Gallon 86 Citrus Cleaner Degreaser $75.00 Gallon 87 Hydrated Lime, 50 lb / 23 kg $9.74 Bag 88 Penetone Degreaser $40.00 Gallon 89 Pink Stuff Degreaser $44.00 Gallon 90 Simple Green Degreaser $41.00 Gallon 91 Soda Ash, 100 lb / 45 kg $64.00 Bag 92 Sodium bisulfate 50 lb / 23 kg $148.00 Bag 93 Sodium Hypochlorite, 15% (Bleach) $22.00 Gallon 94 Level A w/ResponderPlus Suit/Changeout $1,079.00 Each 95 Level B w/CPF2 or Polytyvec/Changeout $228.00 Each 96 Level B w/CPF3 or Saranex Suit/Changeout $285.00 Each 97 Level B w/CPF4 or Barricade Suit/Changeout $341.00 Each 98 Level C w/CPF1,2 or Polytyvec/Changeout $69.00 Each 99 Level C w/CPF4 or Barricade Suit/Changeout $138.00 Each 100 Level C w/CPF3 or Saranex Suit/Changeout $85.00 Each 101 Drum Head Vacuum System, Electric $61.00 Day 102 Drum Loader $195.00 Day 103 Pump - Centrifugal, 2 in $125.00 Day 104 Pump - Diesel Lister, 3 in $175.00 Day 105 Pump - Double Diaphragm, 1 in $110.00 Day 106 Pump - Double Diaphragm, 2 in $156.00 Day 107 Pump - Double Diaphragm, 2 in, Chemical $207.00 Day 108 Pump - Double Diaphragm, 3 in $175.00 Day 109 Pump - Double Diaphragm, 3 in, Chemical $229.00 Day 110 Pump - Double Diaphragm, 4 in $240.00 Day 111 Pump - Electric Drum $124.00 Day 112 Pump - Electric Submersible, 2 in $99.00 Day 113 Pump - Electric Submersible, 3 in $124.00 Day 114 Pump - Electric Submersible, 4 in $182.00 Day 115 Pump - Hand $40.00 Day 116 Pump - Hydraulic Transfer, 4 in $40.00 Hour 117 Pump - Hydraulic Transfer, 6 in $298.00 Hour 118 Pump - Trash, 2 in $124.00 Day AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 40 119 Pump - Trash, 3 in $143.00 Day 120 Pump - Trash, 4 in $324.00 Day 121 Drum Vacuum, Pneumatic $208.00 Day 122 100 HP Boiler Unit $114.00 Hour 123 15 Gal HEPA Vacuum $195.00 Day 124 150,000 BTU Portable Heater $309.00 Day 125 2 CU YD self dumping hopper $4.43 Day 126 2,000 - 2,900 Gal Poly Storage Tank $81.00 Day 127 Frac Tank 20,000 Gal $167.00 Day 128 3,000 - 3,900 Gal Steel Storage Tank $28.00 Day 129 300 - 500 Gal Poly Storage Tank $48.00 Day 130 4,000 - 6,000 Gal Poly Storage Tank $99.00 Day 131 Air Compressor 175-185 CFM $298.00 Day 132 Air Compressor 8-10 CFM $139.00 Day 133 ATV, 4X4 or 4X6 $416.00 Day 134 Carbon Filter System $282.00 Day 135 Decon Pool, 10ft x 10ft $171.00 Day 136 Decon Pool, 20ft x 100ft $512.00 Day 137 Decon Pool, 25ft x 50ft $341.00 Day 138 Decontamination Trailer $188.00 Day 139 Dewatering Box $177.00 Day 140 Dump Trailer (Trailer Only, Staged on Site) $84.00 Day 141 Eyewash Station $61.00 Day 142 Frac Tank, Double Walled $200.00 Day 143 Generator - 12K Watt $285.00 Day 144 Generator - 5,000 Watt $180.00 Day 145 Generator - 8,000 Watt $208.00 Day 146 Halogen Spotlight $120.00 Day 147 Incident Command Unit $1,781.00 Day 148 Intermodal Container $33.00 Day 149 Intrinsically Safe Drop Light $120.00 Day 150 Light Tower w/Generator $594.00 Day 151 Office Trailer $130.00 Day 152 On-site Van Trailer (Tractor not included) $229.00 Day 153 Personnel Staging Tent, 10x10 ft, Purchased $198.00 Each 154 Personnel Staging Tent, 20' x 30' $155.00 Day 155 Rolloff Container with Metal lid $24.00 Day 156 Rolloff Container with Tarp & Bows $21.00 Day 157 Sea Container / Conex / Tool Crib, 20 ft. $31.00 Day 158 Secondary Containment Unit $42.00 Day 159 Skid Mounted Liquid Phase Carbon System (10GPM) $78.00 Day 160 Tank Trailer/Transporter, No Tractor (For Storage Only) $518.00 Day 161 Traffic Cone/Barricade Unit $1.71 Day 162 Utility/Cross Terrain Vehicle (Mule/Gator) $416.00 Day 163 Vacuum Box, Watertight $112.00 Day 164 Decon Station $220.00 Day 165 Cutting Torch/Acetylene Torch $138.00 Day 166 Electric Auger $84.00 Day 167 Auger, Manual $75.00 Day 168 Compactor $75.00 Day 169 Walk Behind Concrete Saw $259.00 Day 170 Confined Space Entry Gear (Retrieval & Rescue Equip) $414.00 Day 171 DBI/Rogliss Tripod $75.00 Day 172 Drum Crusher, Portable $518.00 Day 173 Drum Tilter, Mechanical $195.00 Day 174 Electric Blower $100.00 Day 175 Fiber Optic Camera $66.00 Hour 176 Fiber Optic Camera Truck $169.00 Hour 177 Manlift $285.00 Day 178 Forklift, 6,000Lb Capacity (High Reach / Lull) $512.00 Day 179 Plasma Cutting Torch $270.00 Day 180 Explosion Proof Pneumatic Fan Blower $100.00 Day 181 Remote Drum Opener, Pnuematic $1,354.00 Day 182 Sand Blaster and Hose $34.00 Hour 183 Transit Set $143.00 Day 184 Kappler CPF1 Suit (Blue) $41.00 Each AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 41 185 Kappler CPF2 Suit (Grey) $68.00 Each 186 Kappler CPF2 Suit w/Strapped Seams (Grey) $114.00 Each 187 Kappler CPF3 Suit w/Hood & Boots (Tan) $155.00 Each 188 Kappler CPF3 Suit w/Hood & Strapped Seams (Tan) $195.00 Each 189 Kappler CPF4 Suit w/Hood & Boots (Green) $160.00 Each 190 Chemrel Suit, Level C $102.00 Each 191 Nomex Suit and Hood $221.00 Each 192 Polycoated Rain Gear, 22mil $38.00 Each 193 Tyvec, Polycoat HD/BT $27.00 Each 194 Tyvec, Saranex $69.00 Each 195 Tyvec, White $27.00 Each 196 Gloves - 12 in PVC $14.11 Pair 197 14in Neoprene Gloves $15.79 Pair 198 14in Nitrile Gloves $15.79 Pair 199 Gloves - 18 in PVC $14.67 Pair 200 Cotton Winter Glove Liners $7.28 Pair 201 Cut Resistant Gloves $38.00 Pair 202 Glove, Nitrile, Inner Liner $4.12 Pair 203 Latex Gloves $16.46 Box 204 Gloves - Leather $9.74 Pair 205 Puncture Resistant Gloves $41.00 Pair 206 Silver Shield Gloves $41.00 Pair 207 Disposable Boot Covers (Chicken Boots) $15.23 Pair 208 2 Man Breathing System $328.00 Day 209 4 Man Breathing System $416.00 Day 210 Acid Cartridges $36.00 Pair 211 Asbestos Cartridges $37.00 Pair 212 Breathing Air Hose, 100ft $120.00 Day 213 Chlorine Cartridges $39.00 Pair 214 Mercury Cartridges $66.00 Pair 215 MSA Chemical Cartridge $40.00 Each 216 Negative Air Machine (Blower w/ HEPA filter) $298.00 Day 217 Organic Vapor Cartridges (No Dust) $46.00 Pair 218 Organic Vapor/Dust Combination Cartridges $63.00 Pair 219 Respirator, Full Face $42.00 Day 220 Self Contained Breathing Apparatus (SCBA) $298.00 Day 221 1 Cubic Yard Supersac 13H2/Y/06 $115.00 Each 222 10 Gal / 40 Litre Fiber Drum $49.00 Each 223 110 Gal Steel Drum, Reconditioned 1A2/Y400S $631.00 Each 224 16 Gal / 70 L Closed Poly Drum $94.00 Each 225 16 Gal / 70 L Open Poly Drum 1H2/Y56/S $96.00 Each 226 16 Gal Fiber Drum $41.00 Each 227 18x18x24in Nonhazardous Pathological Waste Box $12.21 Each 228 20 Gal / 80 Litre Fiber Drum $41.00 Each 229 20 Gal / 80 Litre Poly Drum (1H2/Y56/S) $122.00 Each 230 275G / 1100 L Poly TOTE, DOT Rated $621.00 Each 231 275G / 1100 L Recondition Poly TOTE, DOT Rated $364.00 Each 232 30 Gal / 120 Litre Closed Poly Drum 1H1/Y1.8/100 $122.00 Each 233 30 Gal / 120 Litre Closed Steel Drum, New 1A1/Y1.6/200 $145.00 Each 234 30 Gal / 120 Litre Closed Steel Drum, Reconed 1A1/Y1.4/10 $109.00 Each 235 30 Gal / 120 Litre Fiber Drum 1G/X56/S $63.00 Each 236 30 Gal / 120 Litre Open Poly Drum 1H2/Y142/S $159.00 Each 237 30 Gal / 120 Litre Steel Drum, New 1A2/Y1.4/100 $194.00 Each 238 30 Gal / 120 Litre Steel Drum, Reconditioned 1A2/Y1.2/100 $167.00 Each 239 4ft Fluorescent Tube Box 4G/Y275 $31.00 Each 240 5 Gal / 20 Litre Closed Poly Drum 1H1/Y1.8/170 $36.00 Each 241 5 Gal / 20 Litre Closed Steel Drum 1A1/Y1.8/300 $41.00 Each 242 5 Gal / 20 Litre Poly Drum 1H2/Y1.5/60 $31.00 Each 243 5 Gal / 20 Litre Steel Drum 1A2/Y1.8/100 $66.00 Each 244 5.5 Gal / 20 L Steel Drum 1A2/Y23/S $30.00 Each 245 55 G / 205 L Closed Steel Drum, Recon 1A1/Y1.4/100 (17-E $93.00 Each 246 55 G / 205 L Steel Drum, Reconditioned 1A2/Y1.2/100 (17-H $118.00 Each 247 55 Gal / 205 L Stainless Steel Drum, Reconditioned $306.00 Each 248 55 Gal / 205 Litre Closed Poly Drum 1H1/Y1.8/150 $140.00 Each 249 55 Gal / 205 Litre Closed Poly Drum 1H1/Y1.8/150, Recycle $120.00 Each 250 55 Gal / 205 Litre Closed Steel Drum, New 1A1/Y1.8/300 $157.00 Each AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 42 251 55 Gal / 205 Litre Fiber Drum 1G/Y190/S $74.00 Each 252 55 Gal / 205 Litre Open Head Poly, Reconditioned Drum 1H $112.00 Each 253 55 Gal / 205 Litre Poly Drum 1H2/Y237/S $153.00 Each 254 55 Gal / 205 Litre Steel Drum, New 1A2/Y1.5/100 $206.00 Each 255 85 G / 320 L Steel Drum, Reconded 1A2/X400/S (Overpack) $500.00 Each 256 85 Gal / 320 Litre Steel Drum, New 1A2/X400/S $448.00 Each 257 85 Gal / 320 Litre Steel Drum, Recycled 1A2/X400/S $233.00 Each 258 8ft Fluorescent Tube Box 4G/Y275 $50.00 Each 259 95 Gal Poly Drum 1H2/Y318/S (Overpack) $494.00 Each 260 95 Gal Poly Drum, Recycled 1H2/Y318/S (Overpack) $325.00 Each 261 Drum 15 Gal / 60 Litre Poly (1H2/Y1.8/100) $86.00 Each 262 Drum Liners $5.94 Each 263 Dump Trailer Poly Liner $116.00 Each 264 Filter/Liner for Filter Box $432.00 Each 265 Flexbin, 1 Cubic Yard Flexbin 11G/Y/2022/1122 $115.00 Each 266 Flexbin, Cubic Yard Box for Non-Haz Waste $115.00 Each 267 Flexbin/Cubic Yard Box Liner $36.00 Each 268 Fluorescent Bulb Tubes, 4ft 100 bulb capacity $119.00 Box 269 Fluorescent Bulb Tubes, 8ft 100 bulb capacity $108.00 Box 270 Hazardous Waste Labels / Markings $2.02 Each 271 Labels - DOT Diamonds $2.02 Each 272 Pathological Waste Bag $7.39 Each 273 Poly Bags, 6mil, per Roll $206.00 Each 274 Rolloff Poly Liner $102.00 Each 275 Vacbox Liner/Bladder $933.00 Each 276 Waste Wrangler $115.00 Each 278 Absorbent Boom, 3in x 4ft $9.74 Each 279 Absorbent Boom, 5in x 10ft x 4/Bale $187.00 Bale 280 Absorbent Boom, 8in x 10ft x 4/Bale $299.00 Bale 281 Absorbent Roll, 38in x 144ft $220.00 Each 282 Absorbent Rug, 36in x 300ft $364.00 Each 283 Absorbent Sweep, 17in x 100ft $194.00 Bale 284 HGX Absorbent (Mercury absorbent) $25.00 Pounds 285 Oil Snare, on a Line, 50ft $118.00 Each 286 Poly Absorbent, 20 lb / 23 kg $128.00 Bags 287 Rags, 50 lb / 23 kg $106.00 Box 288 Speedi Dry $14.56 Bag 289 SPI Solidification Particulate (Oil Bond) $24.00 Pounds 290 SPI Waterbond $19.00 Pounds 291 Vermiculite 4 cuft $66.00 Bag 292 Acetylene Bottle $55.00 Each 293 Breathing Air Bottle Refill $37.00 Each 294 Rolloff Bow $52.00 Each 295 Rolloff Tarp $507.00 Each 296 Misc. Handtools $59.00 Day 297 Caution Tape/Roll $68.00 Each 298 Duct Tape/Roll $18.00 Each 299 Shrink Wrap $58.00 Roll 300 First Aid Kit, 25 Person $101.00 Each 301 Bottled Water / Stress Relief (Case) $31.00 Case 302 Digital Camera $99.00 Day 303 Profile Approval Fee (No Sample) $75.00 Each 304 Sample & Profile Approval Fee $158.00 Each Fees 305 Subcontractor Markup Cost plus 35% 306 Variable Energy and Security Recovery Fee Adjusted monthly: 22% for March 2022 307 Waste Document Preparation Fee (if necessary) $125/Day 308 Manifest Fee $20/Manifest 309 Incident Reports (if requested) $200/Each or case by case AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 43 Exhibit C INSURANCE REQUIREMENTS 1. INSURANCE OBLIGATION. During the Term of this Master Contract, Contractor shall possess and maintain in full force and effect, at Contractor’s sole expense, the following insurance coverages: a. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability insurance (and, if necessary, commercial umbrella liability insurance) covering bodily injury, property damage, products/completed operations, personal injury, and advertising injury liability on an ‘occurrence form’ that shall be no less comprehensive and no more restrictive than the coverage provided by Insurance Services Office (ISO) under the most recent version of form CG 00 01 in the amount of not less than $2,000,000 per occurrence and $4,000,000 general aggregate. This coverage shall include blanket contractual liability coverage. This coverage shall include a cross-liability clause or separation of insured condition. b. WORKERS’ COMPENSATION INSURANCE. Contractor shall comply with applicable Workers’ Compensation or Industrial Accident insurance providing benefits as required by law. c. EMPLOYERS’ LIABILITY (STOP GAP) INSURANCE. Employers’ liability insurance (and, if necessary, commercial umbrella liability insurance) with limits not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and $1,000,000 bodily injury by disease policy limit. d. ENVIRONMENTAL LIABILITY INSURANCE. Environmental liability insurance coverage, on an occurrence or claims made basis, with annual limits of not less than $1,000,000 per claim and in the aggregate, including liability arising out of transportation and non-owned disposal sites. The policy shall have a five-year extended reporting period and cover claims made on and prior to the completion and claims made after final acceptance, but within the extended reporting period. The required limits can be satisfied by any combination of primary, umbrella, or excess policy. e. MARINE PROTECTION & LIABILITY INSURANCE. Marine Protection and Indemnity Insurance, including Collision, Jones Act, and passenger coverages. Combined single limit per occurrence shall not be less than $1,000,000, or the equivalent. The insurance coverage limits set forth herein are the minimum. Contractor’s insurance coverage shall be no less than the minimum amounts specified. Coverage in the amounts of these minimum limits, however, shall not be construed to relieve Contractor from liability in excess of such limits. Contractor waives all rights against the State of Washington for the recovery of damages to the extent such damages are covered by any insurance required herein. 2. INSURANCE CARRIER RATING. Coverages provided by Contractor must be underwritten by an insurance company deemed acceptable to the State of Washington’s Office of Risk Management. Insurance coverage shall be provided by companies authorized to do business within the State of Washington and rated A- Class VII or better in the most recently published edition of Best’s Insurance Rating. Enterprise Services reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 44 3. ADDITIONAL INSURED. Commercial General Liability, Commercial Automobile Liability, and Pollution Liability Insurance shall include the State of Washington and all authorized Purchasers (and their agents, officers, and employees) as Additional Insureds evidenced by copy of the Additional Insured Endorsement attached to the Certificate of Insurance on such insurance policies. 4. CERTIFICATE OF INSURANCE. Prior to execution of the Master Contract, Contractor shall furnish to Enterprise Services, as evidence of the insurance coverage required by this Master Contract, a certificate of insurance satisfactory to Enterprise Services that insurance, in the above-stated kinds and minimum amounts, has been secured. In addition, no less than ten (10) calendar days prior to coverage expiration, Contractor shall furnish to Enterprise Services an updated or renewed certificate of insurance, satisfactory to Enterprise Services, that insurance, in the above- stated kinds and minimum amounts, has been secured. Failure to maintain or provide proof of insurance, as required, will result in contract cancellation. All policies and certificates of insurance shall include the Master Contract number stated on the cover of this Master Contract. All certificates of Insurance and any related insurance documents shall be delivered to Enterprise Services by U.S. mail, postage prepaid, or sent via email, and shall be sent to the address or email address set forth below or to such other address or email address as Enterprise Services may specify in writing: US Mail: Contracts & Procurement – Master Contract Insurance Certificate Master Contract No. 09321 – Emergency response to hazardous materials Attn: Marcus Bach Washington Dept. of Enterprise Services PO Box 41411 Olympia, WA 98504-141 Email: descontractsteamapple@des.wa.gov Note: For Email notice, the Email Subject line must state: Master Contract Insurance Certificate – Master Contract No. 09321 – Emergency response to hazardous materials 5. PRIMARY COVERAGE. Contractor’s insurance shall apply as primary and shall not seek contribution from any insurance or self-insurance maintained by, or provided to, the additional insureds listed above including, at a minimum, the State of Washington and/or any Purchaser. All insurance or self-insurance of the State of Washington and/or Purchasers shall be excess of any insurance provided by Contractor or subcontractors. 6. SUBCONTRACTORS. Contractor shall include all subcontractors as insureds under all required insurance policies. Alternatively, prior to utilizing any subcontractor, Contractor shall cause any such subcontractor to provide insurance that complies with all applicable requirements of the insurance set forth herein and shall furnish separate Certificates of Insurance and endorsements for each subcontractor. Each subcontractor must comply fully with all insurance requirements stated herein. Failure of any subcontractor to comply with insurance requirements does not limit Contractor’s liability or responsibility. 7. WAIVER OF SUBROGATION. Contractor waives all rights of subrogation against the State of Washington and any Purchaser for the recovery of damages to the extent such damages are or would be covered by the insurance specified herein. AGENDA ITEM #5. e) MASTER CONTRACT NO. 09321 – EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 45 8. NOTICE OF CHANGE OR CANCELLATION. There shall be no cancellation, material change, exhaustion of aggregate limits, or intent not to renew insurance coverage, either in whole or in part, without at least sixty (60) calendar days prior written Legal Notice by Contractor to Enterprise Services. Failure to provide such notice, as required, shall constitute default by Contractor. Any such written notice shall include the Master Contract number stated on the cover of this Master Contract. 9. EXTENDED REPORTING PERIOD. If any required insurance coverage is on a claims-made basis (rather than occurrence), Contractor shall maintain such coverage for a period of no less than three (3) years following expiration or termination of the Master Contract. AGENDA ITEM #5. e) AB - 3710 City Council Regular Meeting - 02 Dec 2024 SUBJECT/TITLE: South 7th Street Corridor Improvements, Construction Contract CAG- 24-109 RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Transportation Systems Division STAFF CONTACT: Bob Hanson, Transportation Design Manager EXT.: 7223 FISCAL IMPACT SUMMARY: Bids for this construction contract were received on Wednesday, October 2, 2024, and opened on Friday, October 4, 2024. A total of five bids were submitted and are summarized below: SUBMITTED BY BID AMOUNT Active Construction, Inc. $1,887,887.00 OMA Construction, Inc. $2,096,741.00 Reed Trucking & Excavating, Inc. $1,974,580.50 Road Construction Northwest, Inc. $2,394870.00 Westwater Construction Company $2,567,359.00 Staff has determined that the bid submitted by Active Construction, Inc. is the lowest responsive bid, and that the bidder is responsible per the mandatory bidder responsibility criteria of RCW 39.04.350(1). The surety has confirmed with staff that the bid bond submitted by Active Construction; Inc. is valid. SUMMARY OF ACTION: The Engineer’s Estimate for construction was $2,278,783. The transportation project budget (317.122151) is sufficient to cover all anticipated expenses for the construction phase. The City provided a complete copy of the Bid Proposal and supplemental bid information to the Washington State Department of Transportation (WSDOT), Local Programs, for evaluation pursuant to Special Provision Section 1-07.11. WSDOT had been slow on approving the award due to a concern with minor discrepancy in the bidder requirements. After a bid determination protest was submitted by Active Construction, Inc., WSDOT Local Programs and Headquarters made the determination that Active Construction, Inc. met all the above criteria and was determined to be a successful bidder with the lowest responsive bid. EXHIBITS: A. Bid Tabulations B. TIP C. Clerk Bid Tab STAFF RECOMMENDATION: Requesting the City Council award the construction contract to Active Construction, Inc. in the amount of $1,887,887.00 and authorize the Mayor and City Clerk to execute the contract with Active Construction, Inc. AGENDA ITEM #5. f) CAG‐24‐109 Checked By: Bid Tab October 4, 2024 AB B ‐ A ENGINEER'S No. Spec. Description Quantity Unit  Unit Cost  ESTIMATE  UNIT COST  TOTAL COST  UNIT COST  TOTAL COST  UNIT COST  TOTAL COST  UNIT COST  TOTAL COST  UNIT COST  TOTAL COST  SCHEDULE A ‐ South 7th Street, Shattuck to Burnett A1 1‐05 Roadway Surveying 1 LS 15,000.00$        15,000$                         19,000.00$         19,000.00$                   4,000.00$                    20,000.00$         20,000.00$                    20,000.00$         20,000.00$                   15,000.00$         15,000.00$                   20,000.00$         20,000.00$                     A2 1‐05 ADA Features Surveying 1 LS 5,000.00$          5,000$                            3,400.00$           3,400.00$                     (1,600.00)$                   10,000.00$         10,000.00$                    5,000.00$           5,000.00$                     3,500.00$           3,500.00$                     1,000.00$           1,000.00$                       A3 1‐05 Record Drawings 1 LS 15,000.00$        15,000$                         150.00$               150.00$                         (14,850.00)$                 5,000.00$           5,000.00$                      500.00$               500.00$                         750.00$               750.00$                         1,000.00$           1,000.00$                       A4 1‐07.15 SPCC Plan 1 LS 2,500.00$          2,500$                            150.00$               150.00$                         (2,350.00)$                   500.00$               500.00$                          500.00$               500.00$                         1,500.00$           1,500.00$                     1,000.00$           1,000.00$                       A5 1‐09 Mobilization 1 LS 135,000.00$     135,000$                       150,000.00$       150,000.00$                 15,000.00$                  125,000.00$       125,000.00$                  150,000.00$       150,000.00$                 100,000.00$       100,000.00$                 175,000.00$       175,000.00$                   A6 1‐10 Work Zone Safety Contingency 1 FA 25,000.00$        25,000$                         25,000.00$         25,000.00$                    ‐$                             25,000.00$         25,000.00$                    25,000.00$         25,000.00$                   25,000.00$         25,000.00$                   25,000.00$         25,000.00$                     A7 1‐10 Pedestrian Traffic Control 1 LS 50,000.00$        50,000$                         10,000.00$         10,000.00$                   (40,000.00)$                 100,000.00$       100,000.00$                  20,000.00$         20,000.00$                   1,900.00$           1,900.00$                     2,500.00$           2,500.00$                       A8 1‐10 Flaggers 720 HR 75.00$               54,000$                         92.00$                 66,240.00$                   12,240.00$                  75.00$                 54,000.00$                    70.00$                 50,400.00$                   80.00$                 57,600.00$                   80.00$                 57,600.00$                     A9 1‐10 Other Traffic Control Labor 240 HR 75.00$               18,000$                         77.00$                 18,480.00$                   480.00$                       200.00$               48,000.00$                    80.00$                 19,200.00$                   80.00$                 19,200.00$                   80.00$                 19,200.00$                     A10 1‐10 Construction Signs Class A 681 SF 50.00$               34,050$                         26.00$                 17,706.00$                   (16,344.00)$                 8.00$                   5,448.00$                      30.00$                 20,430.00$                   33.00$                 22,473.00$                   1.00$                   681.00$                           A11 1‐10 Other Temporary Traffic Control Devices 1 LS 15,000.00$        15,000$                         8,000.00$           8,000.00$                     (7,000.00)$                   50,000.00$         50,000.00$                    20,000.00$         20,000.00$                   5,600.00$           5,600.00$                     1,500.00$           1,500.00$                       A12 2‐01 Clearing and Grubbing 1 LS 20,000.00$        20,000$                         20,000.00$         20,000.00$                    ‐$                             25,000.00$         25,000.00$                    15,000.00$         15,000.00$                   13,000.00$         13,000.00$                   35,000.00$         35,000.00$                     A13 2‐02 Removal of Structures and Obstructions 1 LS 55,000.00$        55,000$                         13,163.50$         13,163.50$                   (41,836.50)$                 5,000.00$           5,000.00$                      25,000.00$         25,000.00$                   6,125.00$           6,125.00$                     135,000.00$       135,000.00$                   A14 2‐02 SP Sawcutting 10260 IN‐FT 1.00$                  10,260$                         1.00$                   10,260.00$                    ‐$                             0.90$                   9,234.00$                      0.50$                   5,130.00$                     1.00$                   10,260.00$                   2.00$                   20,520.00$                     A15 2‐03 SP Pothole existing utilities 2 EA 750.00$             1,500$                            1,400.00$           2,800.00$                     1,300.00$                    1,250.00$           2,500.00$                      500.00$               1,000.00$                     1,450.00$           2,900.00$                     1,000.00$           2,000.00$                       A16 2‐03 Roadway Excavation incl. Haul 50 CY 55.00$               2,750$                            130.00$               6,500.00$                     3,750.00$                    85.00$                 4,250.00$                      100.00$               5,000.00$                     74.00$                 3,700.00$                     500.00$               25,000.00$                     A17 2‐03 Common Borrow Incl. Haul 133 CY 55.00$               7,315$                            112.00$               14,896.00$                   7,581.00$                    25.00$                 3,325.00$                      60.00$                 7,980.00$                     72.00$                 9,576.00$                     60.00$                 7,980.00$                       A18 4‐04 Crushed Surfacing Top Course 470 TON 110.00$             51,700$                         72.00$                 33,840.00$                   (17,860.00)$                 50.00$                 23,500.00$                    60.00$                 28,200.00$                   49.00$                 23,030.00$                   100.00$               47,000.00$                     A19 5‐04SP HMA CL 1/2” , PG 64‐22" 310 TON 450.00$             139,500$                       310.00$               96,100.00$                   (43,400.00)$                 225.00$               69,750.00$                    225.00$               69,750.00$                   300.00$               93,000.00$                   300.00$               93,000.00$                     A20 7‐04SP Ductile Iron Pipe, 12 In. Diam. 90 LF 55.00$               4,950$                            179.00$               16,110.00$                   11,160.00$                  250.00$               22,500.00$                    125.00$               11,250.00$                   180.00$               16,200.00$                   300.00$               27,000.00$                     A21 7‐04 Solid Wall PVC Storm Sewer Pipe 12 In. Diam. 10 LF 45.00$               450$                               244.00$               2,440.00$                     1,990.00$                    500.00$               5,000.00$                      200.00$               2,000.00$                     153.00$               1,530.00$                     125.00$               1,250.00$                       A22 7‐05 Catch Basin Type 1 7 EA 1,725.00$          12,075$                         1,800.00$           12,600.00$                   525.00$                       3,500.00$           24,500.00$                    2,000.00$           14,000.00$                   1,900.00$           13,300.00$                   2,500.00$           17,500.00$                     A23 7‐05SP Open Grate Locking Lid 1 EA 500.00$             500$                               1,150.00$           1,150.00$                     650.00$                       500.00$               500.00$                          650.00$               650.00$                         760.00$               760.00$                         1,000.00$           1,000.00$                       A24 7‐05SP Solid Locking Lid 1 EA 500.00$             500$                               1,050.00$           1,050.00$                     550.00$                       500.00$               500.00$                          500.00$               500.00$                         815.00$               815.00$                         1,000.00$           1,000.00$                       A25 7‐05SP 24 In. Locking Lid Non‐Slip Manhole Cover 1 EA 2,000.00$          2,000$                            930.00$               930.00$                         (1,070.00)$                   500.00$               500.00$                          500.00$               500.00$                         1,625.00$           1,625.00$                     2,500.00$           2,500.00$                       A26 7‐05 SP Adjust Manhole (Slip‐Resistant Lid) 13 EA 5,000.00$          65,000$                         1,200.00$           15,600.00$                   (49,400.00)$                 750.00$               9,750.00$                      750.00$               9,750.00$                     980.00$               12,740.00$                   3,000.00$           39,000.00$                     A27 7‐05 SP Adjust Manhole (Slip‐Resistant Lid Only) 5 EA 2,000.00$          10,000$                         750.00$               3,750.00$                     (6,250.00)$                   750.00$               3,750.00$                      550.00$               2,750.00$                     980.00$               4,900.00$                     1,200.00$           6,000.00$                       A28 7‐05 Adjust Manhole 4 EA 2,000.00$          8,000$                            1,150.00$           4,600.00$                     (3,400.00)$                   1,000.00$           4,000.00$                      750.00$               3,000.00$                     980.00$               3,920.00$                     1,500.00$           6,000.00$                       A29 7‐05 SP Adjust Water Valve 4 EA 1,000.00$          4,000$                            770.00$               3,080.00$                     (920.00)$                      500.00$               2,000.00$                      500.00$               2,000.00$                     580.00$               2,320.00$                     1,000.00$           4,000.00$                       A30 7‐05 SP Adjust Utility Lid 6 EA 5,000.00$          30,000$                         845.00$               5,070.00$                     (24,930.00)$                 500.00$               3,000.00$                      500.00$               3,000.00$                     1,100.00$           6,600.00$                     5,000.00$           30,000.00$                     A31 8‐01 Erosion Control and Water Pollution Prevention 1 LS 7,500.00$          7,500$                            10,000.00$         10,000.00$                   2,500.00$                    10,000.00$         10,000.00$                    7,500.00$           7,500.00$                     4,335.00$           4,335.00$                     3,000.00$           3,000.00$                       A32 8‐01 Inlet Protection 22 EA 100.00$             2,200$                            98.00$                 2,156.00$                     (44.00)$                        75.00$                 1,650.00$                      100.00$               2,200.00$                     93.00$                 2,046.00$                     100.00$               2,200.00$                       A33 8‐02 Seeded Lawn Installation 425 SY 6.00$                  2,550$                            6.00$                   2,550.00$                      ‐$                             5.00$                   2,125.00$                      6.00$                   2,550.00$                     5.00$                   2,125.00$                     10.00$                 4,250.00$                       A34 8‐02SP Wood Chip Mulch (3" Depth) 140 CY 40.00$               5,600$                            58.00$                 8,120.00$                     2,520.00$                    65.00$                 9,100.00$                      60.00$                 8,400.00$                     59.00$                 8,260.00$                     75.00$                 10,500.00$                     A35 8‐02SP Topsoil, Type A (8" Depth) 393 CY 50.00$               19,650$                         58.00$                 22,794.00$                   3,144.00$                    50.00$                 19,650.00$                    60.00$                 23,580.00$                   59.00$                 23,187.00$                   75.00$                 29,475.00$                     A36 8‐02SP Coarse Compost (2.5" Depth) 215 CY 45.00$               9,675$                            58.00$                 12,470.00$                   2,795.00$                    65.00$                 13,975.00$                    60.00$                 12,900.00$                   59.00$                 12,685.00$                   75.00$                 16,125.00$                     A37 8‐02 Plant Selection, Deciduous Tree (2" Cal.) 17 EA 400.00$             6,800$                            479.00$               8,143.00$                     1,343.00$                    250.00$               4,250.00$                      500.00$               8,500.00$                     484.00$               8,228.00$                     750.00$               12,750.00$                     A38 8‐02 Plant Selection, Shrub (#2 Cont.) 532 EA 30.00$               15,960$                         21.00$                 11,172.00$                   (4,788.00)$                   20.00$                 10,640.00$                    22.00$                 11,704.00$                   21.50$                 11,438.00$                   25.00$                 13,300.00$                     A39 8‐02 Plant Selection, Shrub (#5 Cont.) 24 EA 60.00$               1,440$                            47.00$                 1,128.00$                     (312.00)$                      30.00$                 720.00$                          50.00$                 1,200.00$                     48.00$                 1,152.00$                     60.00$                 1,440.00$                       A40 8‐02 Plant Selection, Groundcover (#1 Cont.) 3912 EA 15.00$               58,680$                         13.50$                 52,812.00$                   (5,868.00)$                   8.00$                   31,296.00$                    13.75$                 53,790.00$                   14.00$                 54,768.00$                   15.00$                 58,680.00$                     A41 8‐02SP Root Barrier (24" Depth) 226 LF 35.00$               7,910$                            21.00$                 4,746.00$                     (3,164.00)$                   8.00$                   1,808.00$                      22.00$                 4,972.00$                     21.50$                 4,859.00$                     25.00$                 5,650.00$                       A42 8‐03SP Automatic Irrigation System, Complete 1 LS 70,000.00$        70,000$                         93,000.00$         93,000.00$                   23,000.00$                  65,000.00$         65,000.00$                    95,000.00$         95,000.00$                   175,000.00$       175,000.00$                 95,000.00$         95,000.00$                     A43 8‐04 Cement Conc. Traffic Curb and Gutter 931 LF 75.00$               69,825$                         42.00$                 39,102.00$                   (30,723.00)$                 45.00$                 41,895.00$                    44.00$                 40,964.00$                   41.00$                 38,171.00$                   40.00$                 37,240.00$                     A44 8‐04 Cement Conc. Traffic Curb 57 LF 50.00$               2,850$                            46.00$                 2,622.00$                     (228.00)$                      55.00$                 3,135.00$                      42.50$                 2,422.50$                     40.00$                 2,280.00$                     100.00$               5,700.00$                       A45 8‐04 Cement Conc. Pedestrian Curb 81 LF 90.00$               7,290$                            26.00$                 2,106.00$                     (5,184.00)$                   45.00$                 3,645.00$                      42.00$                 3,402.00$                     34.00$                 2,754.00$                     100.00$               8,100.00$                       A46 8‐06SP Cement Conc. Driveway Entrance 160 SY 175.00$             28,000$                         116.00$               18,560.00$                   (9,440.00)$                   100.00$               16,000.00$                    145.00$               23,200.00$                   138.00$               22,080.00$                   115.00$               18,400.00$                     A47 8‐06 Cement Conc. Driveway Entrance Type 3 50 SY 175.00$             8,750$                            119.00$               5,950.00$                     (2,800.00)$                   100.00$               5,000.00$                      145.00$               7,250.00$                     138.00$               6,900.00$                     125.00$               6,250.00$                       A48 8‐09 Raised Pavement Marker Type 1 10 HUND 1,200.00$          12,000$                         800.00$               8,000.00$                     (4,000.00)$                   750.00$               7,500.00$                      825.00$               8,250.00$                     805.00$               8,050.00$                     1,500.00$           15,000.00$                     A49 8‐09 Raised Pavement Marker Type 2 5 HUND 1,200.00$          6,000$                            1,000.00$           5,000.00$                     (1,000.00)$                   950.00$               4,750.00$                      1,050.00$           5,250.00$                     1,020.00$           5,100.00$                     1,500.00$           7,500.00$                       A50 8‐10 SP Traffic Separator, White 17 EA 450.00$             7,650$                            370.00$               6,290.00$                     (1,360.00)$                   350.00$               5,950.00$                      400.00$               6,800.00$                     376.00$               6,392.00$                     500.00$               8,500.00$                       A51 8‐10 SP Traffic Separator, Yellow 11 EA 450.00$             4,950$                            370.00$               4,070.00$                     (880.00)$                      350.00$               3,850.00$                      400.00$               4,400.00$                     376.00$               4,136.00$                     500.00$               5,500.00$                       A52 8‐12 SP Black Polyvinyl Coated 4FT Chainlink Fence 413 LF 50.00$               20,650$                         42.00$                 17,346.00$                   (3,304.00)$                   55.00$                 22,715.00$                    50.00$                 20,650.00$                   42.50$                 17,552.50$                   60.00$                 24,780.00$                     A53 8‐12 SP Privacy Fence 6FT Wooden 97 LF 60.00$               5,820$                            82.00$                 7,954.00$                     2,134.00$                    85.00$                 8,245.00$                      122.00$               11,834.00$                   86.00$                 8,342.00$                     100.00$               9,700.00$                       A54 8‐13 Monument Case and Cover 2 EA 1,000.00$          2,000$                            600.00$               1,200.00$                     (800.00)$                      500.00$               1,000.00$                      2,000.00$           4,000.00$                     3,850.00$           7,700.00$                     1,000.00$           2,000.00$                       A55 8‐14 Cement Conc. Sidewalk 1195 SY 145.00$             173,275$                       70.00$                 83,650.00$                   (89,625.00)$                 80.00$                 95,600.00$                    100.00$               119,500.00$                 89.00$                 106,355.00$                 60.00$                 71,700.00$                     A56 8‐14 Cement Conc. Curb Ramp Type Perpendicular A 2 EA 5,000.00$          10,000$                         3,000.00$           6,000.00$                     (4,000.00)$                   2,000.00$           4,000.00$                      3,600.00$           7,200.00$                     3,000.00$           6,000.00$                     3,000.00$           6,000.00$                       A57 8‐14 Cement Conc. Curb Ramp Type Perpendicular B 4 EA 5,000.00$          20,000$                         2,750.00$           11,000.00$                   (9,000.00)$                   1,500.00$           6,000.00$                      3,600.00$           14,400.00$                   3,000.00$           12,000.00$                   3,000.00$           12,000.00$                     A58 8‐14 Cement Conc. Curb Ramp Type Bike 2 EA 5,000.00$          10,000$                         2,300.00$           4,600.00$                     (5,400.00)$                   500.00$               1,000.00$                      3,000.00$           6,000.00$                     2,350.00$           4,700.00$                     3,000.00$           6,000.00$                       A59 8‐14 Detectable Warning Surface 107 SF 50.00$               5,350$                            46.00$                 4,922.00$                     (428.00)$                      12.00$                 1,284.00$                      58.00$                 6,206.00$                     52.00$                 5,564.00$                     40.00$                 4,280.00$                       A60 8‐14 SP Tactile Directional Indicator 24 SF 50.00$               1,200$                            79.00$                 1,896.00$                     696.00$                       50.00$                 1,200.00$                      100.00$               2,400.00$                     80.00$                 1,920.00$                     50.00$                 1,200.00$                       A61 8‐20SP Traffic Signal System Modification ‐ S 7th St & Shattuck Ave S 1 LS 74,000.00$        74,000$                         116,000.00$       116,000.00$                 42,000.00$                  150,000.00$       150,000.00$                  110,000.00$       110,000.00$                 207,000.00$       207,000.00$                 180,000.00$       180,000.00$                   South 7th Street Corridor Improvements  ACTIVE CONSTRUCTION, INC             (APPARENT LOW BIDDER)   OMA CONSTRUCTION, INC  REED TRUCKING AND EXCAVATING, INC  ROAD CONSTRUCTION NORTHWEST,  INC   WESTWATER CONSTRUCTION  COMPANY  AG E N D A I T E M # 5 . f ) A62 8‐20 Illumination System, Complete 1 LS 134,000.00$     134,000$                       175,000.00$       175,000.00$                 41,000.00$                  215,000.00$       215,000.00$                  220,000.00$       220,000.00$                 300,000.00$       300,000.00$                 265,000.00$       265,000.00$                   A63 8‐20 Conduit Pipe 3 In. Diam. 2266 LF 10.00$               22,660$                         38.00$                 86,108.00$                   63,448.00$                  23.00$                 52,118.00$                    45.00$                 101,970.00$                 44.00$                 99,704.00$                   40.00$                 90,640.00$                     A64 8‐21 Permanent Signing 1 LS 10,000.00$        10,000$                         15,000.00$         15,000.00$                   5,000.00$                    35,000.00$         35,000.00$                    15,000.00$         15,000.00$                   36,125.00$         36,125.00$                   20,000.00$         20,000.00$                     A65 8‐21 SP Remove Private Sign 1 LS 1,000.00$          1,000$                            1,900.00$           1,900.00$                     900.00$                       500.00$               500.00$                          1,000.00$           1,000.00$                     1,400.00$           1,400.00$                     1,200.00$           1,200.00$                       A66 8‐22SP Remove Pavement Markings 1 LS 10,000.00$        10,000$                         3,700.00$           3,700.00$                     (6,300.00)$                   5,000.00$           5,000.00$                      4,000.00$           4,000.00$                     3,900.00$           3,900.00$                     5,000.00$           5,000.00$                       A67 8‐22 SP Plastic Bike Dot 9 EA 500.00$             4,500$                            690.00$               6,210.00$                     1,710.00$                    650.00$               5,850.00$                      725.00$               6,525.00$                     717.00$               6,453.00$                     500.00$               4,500.00$                       A68 8‐22 Plastic Traffic Arrow 4 EA 500.00$             2,000$                            370.00$               1,480.00$                     (520.00)$                      350.00$               1,400.00$                      400.00$               1,600.00$                     386.00$               1,544.00$                     500.00$               2,000.00$                       A69 8‐22 Plastic Speed Bump Symbol 2 EA 500.00$             1,000$                            425.00$               850.00$                         (150.00)$                      450.00$               900.00$                          450.00$               900.00$                         441.00$               882.00$                         500.00$               1,000.00$                       A70 8‐22 Plastic Stop Line 66 LF 35.00$               2,310$                            18.00$                 1,188.00$                     (1,122.00)$                   17.00$                 1,122.00$                      20.00$                 1,320.00$                     19.00$                 1,254.00$                     10.00$                 660.00$                           A71 8‐22 Plastic Crosswalk Line 932 SF 15.00$               13,980$                         11.00$                 10,252.00$                   (3,728.00)$                   12.00$                 11,184.00$                    11.50$                 10,718.00$                   11.50$                 10,718.00$                   10.00$                 9,320.00$                       A72 8‐22 SP MMA Profiled Line 3554 LF 3.00$                  10,662$                         6.00$                   21,324.00$                   10,662.00$                  6.00$                   21,324.00$                    7.00$                   24,878.00$                   6.50$                   23,101.00$                   5.00$                   17,770.00$                     A73 8‐22 SP MMA Profiled Wide Line 97 LF 3.00$                  291$                               16.00$                 1,552.00$                     1,261.00$                    15.00$                 1,455.00$                      18.00$                 1,746.00$                     16.50$                 1,600.50$                     10.00$                 970.00$                           A74 8‐22 SP MMA Crosshatch Marking 54 LF 3.00$                  162$                               16.00$                 864.00$                         702.00$                       15.00$                 810.00$                          20.00$                 1,080.00$                     16.50$                 891.00$                         10.00$                 540.00$                           A75 8‐22 SP MMA Crosswalk Line (Green) 875 SF 30.00$               26,250$                         22.00$                 19,250.00$                   (7,000.00)$                   21.00$                 18,375.00$                    24.00$                 21,000.00$                   23.00$                 20,125.00$                   25.00$                 21,875.00$                     1,710,440$               1,502,102.50$              (208,337.50)$              1,584,528.00$               1,585,651.50$              1,767,601.00$              1,927,926.00$                SCHEDULE B ‐ S 7th Street, Oakesdale to West of Shattuck B1 1‐05 Roadway Surveying 1 LS 2,500.00$          2,500$                            4,300.00$           4,300.00$                     1,800.00$                    15,000.00$         15,000.00$                    6,000.00$           6,000.00$                     3,850.00$           3,850.00$                     5,000.00$           5,000.00$                       B2 1‐05 ADA Features Surveying 1 LS 5,000.00$          5,000$                            1,050.00$           1,050.00$                     (3,950.00)$                   5,000.00$           5,000.00$                      1,500.00$           1,500.00$                     1,325.00$           1,325.00$                     2,000.00$           2,000.00$                       B3 1‐09 Mobilization 1 LS 65,000.00$        65,000$                         10,000.00$         10,000.00$                   (55,000.00)$                 50,000.00$         50,000.00$                    15,000.00$         15,000.00$                   70,000.00$         70,000.00$                   50,000.00$         50,000.00$                     B4 1‐10 Work Zone Safety Contingency 1 FA 10,000.00$        10,000$                         10,000.00$         10,000.00$                    ‐$                             10,000.00$         10,000.00$                    10,000.00$         10,000.00$                   10,000.00$         10,000.00$                   10,000.00$         10,000.00$                     B5 1‐10 Pedestrian Traffic Control 1 LS 25,000.00$        25,000$                         2,500.00$           2,500.00$                     (22,500.00)$                 12,500.00$         12,500.00$                    15,000.00$         15,000.00$                   1,300.00$           1,300.00$                     1,500.00$           1,500.00$                       B6 1‐10 Flaggers 360 HR 75.00$               27,000$                         92.00$                 33,120.00$                   6,120.00$                    75.00$                 27,000.00$                    70.00$                 25,200.00$                   80.00$                 28,800.00$                   80.00$                 28,800.00$                     B7 1‐10 Other Traffic Control Labor 180 HR 75.00$               13,500$                         77.00$                 13,860.00$                   360.00$                       200.00$               36,000.00$                    80.00$                 14,400.00$                   80.00$                 14,400.00$                   80.00$                 14,400.00$                     B8 1‐10 Other Temporary Traffic Control Devices 1 LS 15,000.00$        15,000$                         1,000.00$           1,000.00$                     (14,000.00)$                 5,000.00$           5,000.00$                      3,500.00$           3,500.00$                     3,600.00$           3,600.00$                     1,500.00$           1,500.00$                       B9 1‐10 Uniformed Police Officer 72 HR 150.00$             10,800$                         175.00$               12,600.00$                   1,800.00$                    250.00$               18,000.00$                    150.00$               10,800.00$                   172.00$               12,384.00$                   175.00$               12,600.00$                     B10 2‐02 Removal of Structures and Obstructions 1 LS 5,000.00$          5,000$                            1,000.00$           1,000.00$                     (4,000.00)$                   5,000.00$           5,000.00$                      7,500.00$           7,500.00$                     405.00$               405.00$                         35,000.00$         35,000.00$                     B11 2‐02 SP Sawcutting 636 IN‐FT 1.00$                  636$                               1.00$                   636.00$                          ‐$                             1.00$                   636.00$                          0.50$                   318.00$                         1.00$                   636.00$                         3.00$                   1,908.00$                       B12 4‐04 Crushed Surfacing Top Course 13 TON 110.00$             1,430$                            77.00$                 1,001.00$                     (429.00)$                      65.00$                 845.00$                          60.00$                 780.00$                         121.00$               1,573.00$                     100.00$               1,300.00$                       B13 5‐04SP HMA CL 1/2” , PG 64‐22" 8 TON 450.00$             3,600$                            734.00$               5,872.00$                     2,272.00$                    250.00$               2,000.00$                      950.00$               7,600.00$                     618.00$               4,944.00$                     1,000.00$           8,000.00$                       B14 5‐04 Planing Bituminous Pavement 34 SY 1,000.00$          34,000$                         110.00$               3,740.00$                     (30,260.00)$                 80.00$                 2,720.00$                      225.00$               7,650.00$                     267.00$               9,078.00$                     200.00$               6,800.00$                       B15 7‐05SP Adjust Manhole (Slip‐Resistant Lid) 12 EA 5,000.00$          60,000$                         1,200.00$           14,400.00$                   (45,600.00)$                 250.00$               3,000.00$                      750.00$               9,000.00$                     1,250.00$           15,000.00$                   3,000.00$           36,000.00$                     B16 7‐05SP Utility Lid Only 5 EA 500.00$             2,500$                            1,400.00$           7,000.00$                     4,500.00$                    250.00$               1,250.00$                      500.00$               2,500.00$                     1,400.00$           7,000.00$                     2,000.00$           10,000.00$                     B17 8‐01 Erosion Control and Water Pollution Prevention 1 LS 1,500.00$          1,500$                            1,000.00$           1,000.00$                     (500.00)$                      1,500.00$           1,500.00$                      5,000.00$           5,000.00$                     1,070.00$           1,070.00$                     1,500.00$           1,500.00$                       B18 8‐01 Inlet Protection 2 EA 100.00$             200$                               105.00$               210.00$                         10.00$                         75.00$                 150.00$                          100.00$               200.00$                         118.00$               236.00$                         100.00$               200.00$                           B19 8‐02 Seeding & Mulching 34 SY 25.00$               850$                               6.00$                   204.00$                         (646.00)$                      20.00$                 680.00$                          6.00$                   204.00$                         7.00$                   238.00$                         15.00$                 510.00$                           B20 8‐02 Topsoil, Type A 34 SY 50.00$               1,700$                            21.00$                 714.00$                         (986.00)$                      20.00$                 680.00$                          22.00$                 748.00$                         75.00$                 2,550.00$                     75.00$                 2,550.00$                       B21 8‐04 Cement Conc. Traffic Curb and Gutter 46 LF 75.00$               3,450$                            42.00$                 1,932.00$                     (1,518.00)$                   70.00$                 3,220.00$                      44.00$                 2,024.00$                     53.00$                 2,438.00$                     40.00$                 1,840.00$                       B22 8‐04 Cement Conc. Pedestrian Curb 36 LF 90.00$               3,240$                            26.50$                 954.00$                         (2,286.00)$                   45.00$                 1,620.00$                      42.00$                 1,512.00$                     43.00$                 1,548.00$                     100.00$               3,600.00$                       B23 8‐04 Extruded Curb 101 LF 50.00$               5,050$                            48.00$                 4,848.00$                     (202.00)$                      50.00$                 5,050.00$                      50.00$                 5,050.00$                     62.00$                 6,262.00$                     60.00$                 6,060.00$                       B24 8‐14 Detectable Warning Surface 36 SF 50.00$               1,800$                            80.00$                 2,880.00$                     1,080.00$                    45.00$                 1,620.00$                      58.00$                 2,088.00$                     65.00$                 2,340.00$                     40.00$                 1,440.00$                       B25 8‐14 Cement Conc. Sidewalk 19 SY 145.00$             2,755$                            79.00$                 1,501.00$                     (1,254.00)$                   100.00$               1,900.00$                      105.00$               1,995.00$                     116.00$               2,204.00$                     100.00$               1,900.00$                       B26 8‐14 Cement Conc. Curb Ramp Type Combination 1 EA 3,000.00$          3,000$                            2,750.00$           2,750.00$                     (250.00)$                      2,500.00$           2,500.00$                      4,200.00$           4,200.00$                     4,500.00$           4,500.00$                     3,000.00$           3,000.00$                       B27 8‐14 Cement Conc. Curb Ramp Type Perpendicular Type B 1 EA 3,000.00$          3,000$                            3,700.00$           3,700.00$                     700.00$                       2,500.00$           2,500.00$                      3,700.00$           3,700.00$                     3,000.00$           3,000.00$                     3,000.00$           3,000.00$                       B28 8‐20SP Traffic Signal System Modification ‐ SW 7th St & Lind Ave SW 1 LS 26,000.00$        26,000$                         30,000.00$         30,000.00$                   4,000.00$                    40,000.00$         40,000.00$                    28,000.00$         28,000.00$                   55,000.00$         55,000.00$                   45,000.00$         45,000.00$                     B29 8‐20SP Traffic Signal System Modification ‐ SW 7th St & Hardie Ave SW 1 LS 26,000.00$        26,000$                         30,000.00$         30,000.00$                   4,000.00$                    40,000.00$         40,000.00$                    28,000.00$         28,000.00$                   55,000.00$         55,000.00$                   45,000.00$         45,000.00$                     B30 8‐20SP Traffic Signal System Modification ‐ S 7th St & Rainier Ave S 1 LS 33,000.00$        33,000$                         33,000.00$         33,000.00$                    ‐$                             40,000.00$         40,000.00$                    32,000.00$         32,000.00$                   65,000.00$         65,000.00$                   50,000.00$         50,000.00$                     B31 8‐20SP RRFB System, Complete ‐ SW 7th St 1 EA 85,000.00$        85,000$                         90,000.00$         90,000.00$                   5,000.00$                    100,000.00$       100,000.00$                  75,000.00$         75,000.00$                   150,000.00$       150,000.00$                 125,000.00$       125,000.00$                   B32 8‐21 Permanent Signing 1 LS 15,000.00$        15,000$                         15,000.00$         15,000.00$                    ‐$                             15,000.00$         15,000.00$                    10,000.00$         10,000.00$                   1,275.00$           1,275.00$                     20,000.00$         20,000.00$                     B33 8‐22SP Remove Pavement Markings 1 LS 5,000.00$          5,000$                            800.00$               800.00$                         (4,200.00)$                   1,000.00$           1,000.00$                      1,000.00$           1,000.00$                     808.00$               808.00$                         5,000.00$           5,000.00$                       B34 8‐22 Plastic Stop Line 44 LF 35.00$               1,540$                            18.00$                 792.00$                         (748.00)$                      18.00$                 792.00$                          20.00$                 880.00$                         18.00$                 792.00$                         10.00$                 440.00$                           B35 8‐22 Plastic Crosswalk Line 160 SF 15.00$               2,400$                            11.00$                 1,760.00$                     (640.00)$                      10.00$                 1,600.00$                      13.00$                 2,080.00$                     12.00$                 1,920.00$                     10.00$                 1,600.00$                       B36 8‐22 SP Plastic Shared Lane Marking 40 EA 1,000.00$          40,000$                         479.00$               19,160.00$                   (20,840.00)$                 450.00$               18,000.00$                    500.00$               20,000.00$                   485.00$               19,400.00$                   1,000.00$           40,000.00$                     B37 8‐22 SP Plastic Bicycle Detection Marking 2 EA 1,000.00$          2,000$                            370.00$               740.00$                         (1,260.00)$                   350.00$               700.00$                          400.00$               800.00$                         377.00$               754.00$                         500.00$               1,000.00$                       543,451$                  364,024.00$                 (179,427.00)$              472,463.00$                  361,229.00$                 560,630.00$                 583,448.00$                   SCHEDULE C ‐ Clay Pipe Abandonment C1 7‐04SP Abandonment of Existing 21” Clay Pipe in place 467 LF 7.75$                  3,619$                            12.50$                 5,837.50$                     2,218.25$                    25.00$                 11,675.00$                    25.00$                 11,675.00$                   47.00$                 21,949.00$                   50.00$                 23,350.00$                     C2 7‐04SP Compaction of pipe Abandonment 467 LF 33$                     15,178$                         12.00$                 5,604.00$                     (9,573.50)$                   25.00$                 11,675.00$                    25.00$                 11,675.00$                   75.00$                 35,025.00$                   30.00$                 14,010.00$                     C3 7‐04SP Ductile Iron Pipe, 6 In. Diam. 6 LF 65.00$               390$                               258.00$               1,548.00$                     1,158.00$                    300.00$               1,800.00$                      300.00$               1,800.00$                     250.00$               1,500.00$                     1,000.00$           6,000.00$                       C4 7‐04 Solid Wall PVC Storm Sewer Pipe 6 In. Diam. 7 LF 45.00$               315$                               133.00$               931.00$                         616.00$                       300.00$               2,100.00$                      250.00$               1,750.00$                     215.00$               1,505.00$                     1,000.00$           7,000.00$                       C5 7‐05 Abandon Existing Manhole 2 EA 2,320$                4,640$                            870.00$               1,740.00$                     (2,900.00)$                   5,000.00$           10,000.00$                    500.00$               1,000.00$                     1,080.00$           2,160.00$                     2,500.00$           5,000.00$                       C6 7‐05SP Inserta Tee OneFit 2 EA 375$                   750$                               3,050.00$           6,100.00$                     5,350.00$                    1,250.00$           2,500.00$                      500.00$               1,000.00$                     2,250.00$           4,500.00$                     2,500.00$           5,000.00$                       24,892$                    21,760.50$                   (3,131.25)$                  39,750.00$                    28,900.00$                   66,639.00$                   60,360.00$                     2,278,783$               1,887,887$                   (390,895.75)$              2,096,741$                    1,975,781$                   2,394,870$                   2,571,734$                    Total Construction Cost (Schedule A + B + C) Schedule A ‐ South 7th Street, Shattuck to Burnett Subtotal  Schedule B ‐ South 7th Street, Oakesdale to West of Shattuck Subtotal   Schedule C ‐ Clay Pipe Abandonment Subtotal  AG E N D A I T E M # 5 . f ) PROJECT Priority Rank:7 Project Account #:122151 Planning Area:City Center Street Classification:Minor Arterial Project Length:1.13 mi Funding Status:Funded - CN Project Description: Program Aspects: Operations and Safety, Active Transportation Purpose: Status/Changes: Funded:Unfunded: Pre-2023 2023 Total 2024 2025 2026 2027 2028 2029 Expenditures: Salaries/Benefits - - - - - - - - - - Planning - - - - - - - - - - Preliminary Engineering 885,000 11,803 873,197 - - - - - - - R-O-W (includes Admin)100,000 - - 100,000 100,000 - - - - - Construction 2,000,000 - - 2,000,000 985,000 1,015,000 - - - - Construction Services 285,000 - - 285,000 165,000 120,000 - - - - Total Expenses 3,270,000 11,803 873,197 2,385,000 1,250,000 1,135,000 - - - - Source of Fund: REET 1/2 635,000 - - 635,000 500,000 135,000 - - - - B&O Tax 185,000 11,803 173,197 - - - - - - - Fund Balance - - - - - - - - - - Grants Awarded (Federal)1,450,000 - - 1,450,000 450,000 1,000,000 - - - - Grants Awarded(SoundTran)1,000,000 - 700,000 300,000 300,000 - - - - - Mitigation - - - - - - - - - - Bonds / LID's Formed - - - - - - - - - - Other (1)- - - - - - - - - - Other (2)- - - - - - - - - - - - - - - - - - - - Undetermined - - - - - - - - - - Total Resources 3,270,000 11,803 873,197 2,385,000 1,250,000 1,135,000 - - - - Project Expenditures & Resources TOTAL Programmed Six-Year Program South 7th Street Corridor Improvements, Oakesdale Ave SW to Burnett Ave S TIP #: 23-23 This project develops S/SW 7th St as a key east-west bicycle route into the downtown: between Oakesdale Ave S and Burnett Ave S. This project will install a multi-use path on S 7th St, between Shattuck and Burnett Ave S, and install intersection improvements at multiple intersections along the corridor from Shattuck Ave S to Oakesdale Ave SW. The intersection improvements from Shattuck Ave S westward along this corridor will improve bicycle facilities and intersection operations to provide upgraded signage to bicyclists and will help simplify bicycle movements through complex intersections. Bicycle improvements include push-button activation, green bike lanes through conflict/crossing zones, and pavement markings. This project will also upgrade an existing marked crosswalk with flashing beacons with higher visibility technology. To create a designated east-west ped/bike route through the City's commercial core and an important link between regional trails. Phase 1 was completed which included a traffic signal and an eastbound right-turn lane at S 7th St/Shattuck Ave S. In 2019, Sound Transit awarded $1,000,000 toward Design and Construction of the multi-use path between Talbot and Shattuck. In 2020, $1,450,000 of Surface Transportation Program (STP) funds was awarded for FY 2024 for construction of the multi-use path between Shattuck and Burnett Ave S as well as various intersection improvements. Design is currently underway. *For Projects, expenditures are for the life of the project. For Programs, they are the total expenditures programmed in the current CIP and for the 6 years in the TIP, 2024-2029. 3,270,000 - 53 RESOLUTION NO. 4503 AGENDA ITEM #5. f) Project: S 7th Street Corridor Improvements Project ‐ CAG‐24‐109 Due Date: October 2, 2024 at 2:00 p.m. Opening Date: October 4, 2024 at 2:00 p.m. (Video Conference) CITY OF RENTON BID TABULATION SHEET Bid Total from Proposal Proposal      Schedule of Prices Proposal Signature Bid Adden Adden Adden Cover Proposal Page Bond 1 2 3 *Includes Sales Tax Active Construction, Inc. P.O. Box 430 1 Puyallup XXXXXXX $1,887,887.00 Wa 98371 OMA Construction, Inc. P.O. Box 429 2 Maple Valley XXXXXXX $2,096,741.00 Wa 98038 Reed Trucking & Excavating, Inc. 11616 24th Ave E 3 Tacoma XXXXXXX $1,974,580.00 Wa 98445 Bidder FORMS Engineer's Estimate $2,278,783.00 AG E N D A I T E M # 5 . f ) Project: S 7th Street Corridor Improvements Project ‐ CAG‐24‐109 Due Date: October 2, 2024 at 2:00 p.m. Opening Date: October 4, 2024 at 2:00 p.m. (Video Conference) CITY OF RENTON BID TABULATION SHEET Bid Total from Proposal Proposal      Schedule of Prices Proposal Signature Bid Adden Adden Adden Cover Proposal Page Bond 1 2 3 *Includes Sales Tax Bidder FORMS Road Construction Northwest, Inc. 4 P.O. Box 2228 Renton XXXXXXX $2,394,870.00 Wa 98056 Westwater Construction Company P.O Box 59237 5 Renton XXXXXXX $2,567,359.00 Wa 98058 Engineer's Estimate $2,278,783.00 AG E N D A I T E M # 5 . f ) AB - 3712 City Council Regular Meeting - 02 Dec 2024 SUBJECT/TITLE: Water Quality Grant Agreement No. WQC-2025-Renton-00120 (CAG- 24-261) with the State of Washington Department of Ecology for the Lind Ave SW Conveyance and Water Quality Retrofit Project RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Troy Solly, Surface Water Civil Engineer III EXT.: 7313 FISCAL IMPACT SUMMARY: The grant agreement provides $297,500 of grant funding to the adjusted 2024 Surface Water Utility Capital Improvement Program budget for the design of the Lind Ave SW Conveyance and Water Quality Retrofit Project (427.475523). There is sufficient unencumbered funding in the amount of approximately $450,000 in the project budget to meet the matching funds requirement of $52,500. SUMMARY OF ACTION: Untreated stormwater runoff from Lind Ave SW and SW 39th St is discharged directly into Springbrook Creek. At the discharge point for this project, Springbrook Creek is categorized by Ecology to be impaired across multiple water quality indicators. This project provides treatment for stormwater runoff along Lind Ave SW from SW 43rd St to SW 39th St and along SW 39thSt from Lind Ave SW to Springbrook Creek. The treated area consists of approximately 6 acres, with roughly 4 acres of pollution generating impervious surface (PGIS). The drainage subbasin is zoned as mixed commercial arterial, commercial office, industrial light, and industrial medium. All roadways within the project area have sidewalks, planter strips, and curb and gutter, but have no stormwater runoff treatment best management practices (BMPs). This water quality design grant award to the city by WA Dept. of Ecology in the amount of $297,500 will fund the modeling, sizing, analysis and design of treatment BMPs. In conjunction with the treatment BMPs, this project will address a recurring flooding issue along SW 43rd Street by designing and constructing a new trunk line storm system along Lind Ave SW and SW 39th St, to which the treatment BMPs will discharge. The proposed conveyance improvements will reduce flood risk by increasing the conveyance capacity of the storm system on SW 43rdSt and adding an additional flow path for stormwater to drain from SW 43rd Street and the upstream tributary areas to Springbrook Creek. The design and construction of the conveyance improvements in this project are not eligible for funding under this grant agreement. EXHIBITS: A. Agreement No. WCQ-2025-Renton-00120 (CAG-24-261) B. Site Map STAFF RECOMMENDATION: AGENDA ITEM #5. g) Authorize the Mayor and the City Clerk to execute the Water Quality Grant Agreement No. WQC-2025- Renton-00120 (CAG-24-261) with the Department of Ecology to accept $297,500 in grant funds for the Lind Ave SW Conveyance and Water Quality Retrofit Project. AGENDA ITEM #5. g) Agreement No. WQC-2025-Renton-00120 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF RENTON This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter referred to as “ECOLOGY,” and City of Renton, hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein. Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: This project will improve water quality in Springbrook Creek, a tributary of the Green River, through the design and future construction of stormwater runoff treatment best management practices (BMPs) along Lind Avenue SW and SW 39th Street in the City of Renton. The project will reduce total suspended solids (TSS), dissolved copper and zinc, and total phosphorus. Additional benefits of this project include reduced risk of flooding by improving conveyance with a new storm system. Project Long Description: The Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project will design stormwater runoff treatment best management practices (BMPs) to improve water quality in Springbrook Creek, a tributary of the Green River. Springbrook Creek is an impaired waterbody within a highly urbanized industrial corridor that flows to the Green-Duwamish River via the Black River. Development and urbanization, most of which preceded stormwater runoff $900,000.00 $350,000.00 $297,500.00 $52,500.00 07/01/2024 06/30/2027 Stormwater Facility AGENDA ITEM #5. g) Page 2 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton treatment requirements, have contributed to degraded water quality in Springbrook Creek. At the discharge point for this project, Springbrook Creek is 303(d) Category 4a listed for temperature, and Category 5 listed for dissolved oxygen and bacteria. Downstream of the discharge point, Springbrook Creek is 303(d) listed for dissolved oxygen, fecal coliform bacteria, e-coli bacteria, temperature, Bis(2-ethylhexyl) phthalate, pH, Mercury, ammonia-N, and Benthic Macroinvertebrates Bioassessments. Springbrook Creek is a priority site in the RECIPIENT's Stormwater Management Action Plan and listed in their six-year Capital Improvement Plan due to virtually no existing water quality treatment for the area, and the Creek provides habitat for local wildlife, salmon (Coho, sockeye, and Chinook salmon, cutthroat trout, and winter steelhead), and salmonid rearing and is also a recreational haven for the city. This project will provide treatment for a contributing basin of approximately 6 acres along Lind Ave SW and SW 39th St, with roughly 4 acres of pollution generating impervious surface (PGIS). Currently, untreated stormwater runoff from Lind Ave SW from SW 43rd St to SW 39th St, and from SW 39th St is collected in a trunk line and discharged directly into Springbrook Creek approximately 170 feet west of the cul-de-sac on SW 39th St. The drainage subbasin is zoned as mixed commercial arterial, commercial office, industrial light, and industrial medium. SW 43rd St is a principal arterial and Washington State Department of Transportation (WSDOT) T2 truck route. All roadways within the project area have sidewalks, planter strips, and curb and gutter, but have no stormwater runoff treatment BMPs. The RECIPIENT will evaluate stormwater treatment options such as bioretention , as well as other proprietary Technology Assessment Protocol – Ecology (TAPE) approved General Use Level Designation (GULD) devices such as BioPods, Filterra units, and Modular Wetlands. After treatment, the stormwater will discharge into a new stormwater trunk system which will bypass stormwater from and reduce flooding along SW 43rd Street at the intersection with Lind Avenue SW. The RECIPIENT will design the new stormwater trunk system and treatment BMPs in accordance with ECOLOGY stormwater guidelines and the RECIPIENT’s Surface Water Design Manual . The runoff treatment BMPs designed in this grant will reduce stormwater impacts from urban stormwater including total suspended solids, dissolved copper and zinc, and total phosphorus once they are installed. Reducing the concentration of these pollutants prior to discharge will improve water quality in Springbrook Creek and ultimately reduce stormwater contamination entering the Green-Duwamish River, a major contributor of industrial contaminants in central Puget Sound. Overall Goal: This project will help protect and restore water quality in Washington State by reducing stormwater impacts from existing infrastructure and development. Template Version 12/10/2020 AGENDA ITEM #5. g) Page 3 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton RECIPIENT INFORMATION Organization Name: Federal Tax ID: UEI Number:UG2PSBS6UJJ3 Mailing Address: Physical Address: Contacts Organization Email: City of Renton 91-6001271 Renton City Hall, 5th Floor, 1055 South Grady Way Renton, WA 98057-3232 Renton City Hall, 5th Floor 1055 South Grady Way jfarah@rentonwa.gov Template Version 12/10/2020 AGENDA ITEM #5. g) Page 4 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton Troy Solly Civil Engineer II Renton City Hall, 5th Floor 1055 South Grady Way Renton, Washington 98057-3232 Email: tsolly@rentonwa.gov Phone: (425) 430-7313 Authorized Signatory Troy Solly Civil Engineer II Renton City Hall, 5th Floor 1055 South Grady Way Renton, Washington 98057-3232 Email: tsolly@rentonwa.gov Phone: (425) 430-7313 Billing Contact Project Manager Authorized Signatory Armondo Pavone Mayor Renton City Hall, 5th Floor 1055 South Grady Way Renton, Washington 98057-3232 Email: apavone@rentonwa.gov Phone: (425) 430-6500 Template Version 12/10/2020 AGENDA ITEM #5. g) Page 5 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton Contacts Project Manager Financial Manager Kitty Weisman PO Box 330316 Shoreline, Washington 98133-9716 Email: kitw461@ecy.wa.gov Phone: (425) 213-9065 Jessica Christensen Stormwater Financial Manager PO Box 47600 Olympia, Washington 98504-7600 Email: jchr461@ecy.wa.gov Phone: (360) 742-1180 ECOLOGY INFORMATION Mailing Address: Physical Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Water Quality 300 Desmond Drive SE Lacey, WA 98503 Template Version 12/10/2020 AGENDA ITEM #5. g) Page 6 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement . RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement . This Agreement contains the entire understanding between the parties , and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party . This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology Water Quality Date Date City of Renton Vincent McGowan, P.E. Mayor Armondo Pavone By:By: Template Approved to Form by Attorney General's Office Program Manager Template Version 12/10/2020 AGENDA ITEM #5. g) Page 7 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton City Clerk Date Jason Seth City Attorney Date Cheryl Beyer Template Version 12/10/2020 AGENDA ITEM #5. g) Page 8 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton SCOPE OF WORK Task Number:1 Task Cost: $6,000.00 Task Title:Grant and Loan Administration Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements . Responsibilities include but are not limited to: Maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and the EAGL (Ecology Administration of Grants and Loans) recipient closeout report (including photos, if applicable). If the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement . B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement , contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be available upon request. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements . Task Expected Outcome: * Timely and complete submittal of requests for reimbursement , quarterly progress reports, and Recipient Closeout Report. * Properly maintained project documentation. Recipient Task Coordinator: Troy Solly Deliverables Grant and Loan Administration Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished, project challenges or changes in the project schedule. Submitted at least quarterly. 1.2 Recipient Closeout Report (EAGL Form) Template Version 12/10/2020 AGENDA ITEM #5. g) Page 9 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton SCOPE OF WORK Task Number:2 Task Cost: $15,000.00 Task Title:Cultural and Environmental Review, and Permitting Task Description: The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY . The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance . A. The RECIPIENT will submit the documents listed below to initiate ECOLOGY’s cultural resources review . Property acquisition and above and below ground activities proposed at any project site must be reviewed by ECOLOGY for potential affects to cultural resources. The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with work . Examples of work may include (but are not limited to) geotechnical work, acquisition, site prep work, and BMP installations. Work done prior to written notice to proceed shall not be eligible for reimbursement. To initiate cultural resources review: 1. The RECIPIENT will submit the Cultural Resources Review Form to ECOLOGY, using the ECOLOGY template. Any supporting materials must conform to the Department of Archeology and Historic Preservation’s (DAHP) Washington State Standards for Cultural Resource Reporting. The Cultural Resources Review Form template may be found on the ECOLOGY website. 2. The RECIPIENT will submit an Inadvertent Discovery Plan (IDP) to ECOLOGY, using the ECOLOGY template. The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working on-site. The IDP template may be found on the ECOLOGY website. B. The RECIPIENT will submit the State Environmental Policy Act (SEPA) checklist for ECOLOGY project manager review and notify the ECOLOGY project manager when the official comment period begins . The RECIPIENT will also upload the final SEPA determination. C. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal, and federal permits, licenses, easements, or property rights necessary for the project. Task Goal Statement: The RECIPIENT will complete all cultural and environmental reviews and permitting tasks in a timely manner . Task Expected Outcome: The project will meet the requirements set forth by the cultural resource protection requirements, State Environmental Policy Act, and all other applicable federal, state, and local laws, and regulations. Template Version 12/10/2020 AGENDA ITEM #5. g) Page 10 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton Deliverables Cultural and Environmental Review, and Permitting Number Description Due Date 2.1 ECOLOGY Cultural Resources Review (CRR) Form. Email the form and any supplemental cultural resources documentation directly to the ECOLOGY Project Manager with “Confidential” in the subject line . DO NOT upload the CRR Form or any related documentation to EAGL . 2.2 ECOLOGY Inadvertent Discovery Plan (IDP). Email the IDP to the ECOLOGY Project Manager for review. Upload to EAGL once review is complete and the IDP is finalized. 2.3 SEPA Checklist. Upload the checklist, or other documentation for projects considered exempt from SEPA review, to EAGL and notify ECOLOGY when official comment period begins. 2.4 Final SEPA Determination. Upload to EAGL and notify ECOLOGY. Template Version 12/10/2020 AGENDA ITEM #5. g) Page 11 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton SCOPE OF WORK Task Number:3 Task Cost: $327,000.00 Task Title:Design Plans and Specifications Task Description: The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY . The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance . The RECIPIENT will develop a stormwater project design. The design submittals must conform to the Stormwater Deliverables Guidance document. Projects must be designed in accordance with the Stormwater Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington, or equivalent manual. Refer to the ECOLOGY website for specific guidance. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for reimbursement. The RECIPIENT will upload the design submittals listed below to EAGL for ECOLOGY review. Reduce design figures to 11x17 inches in size and ensure they are legible. A. The RECIPIENT will submit a Design Report to ECOLOGY for review and acceptance . Allow 45 calendar days for ECOLOGY review. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design Report Acceptance Letter prior to proceeding to 90 Percent Design. 1. The RECIPIENT will calculate and submit a preliminary equivalent new /re-development area for the completed design using the methods outlined in the Stormwater Deliverables Guidance. B. The RECIPIENT will submit a 90 Percent Design Package to ECOLOGY for review and acceptance . At a minimum, this package must include 90 percent plans, specifications, engineer’s opinion of cost including a schedule of eligible costs , and project construction schedule. The current required bid inserts and specifications may be found on the Ecology website. Allow 45 calendar days for ECOLOGY review. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent Design Acceptance Letter prior to proceeding to Final Bid Package. C. The RECIPIENT will submit preliminary GIS polygon data for the contributing basin(s) and the BMP footprint(s). Acceptable formats include shapefiles, file geodatabase feature classes, shared feature service URLs, or ECOLOGY-accepted equivalent. Refer to the Stormwater Deliverables Guidance for more information. Task Goal Statement: The RECIPIENT will complete all design tasks and respond to ECOLOGY comments in a timely manner . Task Expected Outcome: Template Version 12/10/2020 AGENDA ITEM #5. g) Page 12 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton The project will meet the requirements set forth by ECOLOGY water quality facility design standards and all other applicable federal, state, and local laws, and regulations. Deliverables Design Plans and Specifications Number Description Due Date 3.1 Signed and dated consultant contract, if procuring services for design. The contract must include ECOLOGY’s standard contract clauses and /or specification insert. Upload to EAGL and notify ECOLOGY. 3.2 Design Report. Including properly calculated preliminary equivalent new/re-development area. Upload to EAGL and notify ECOLOGY. 3.3 Responses to ECOLOGY Design Report comments . Upload to EAGL and notify ECOLOGY. 3.4 ECOLOGY Design Report Acceptance Letter . Upload to EAGL and notify ECOLOGY. 3.5 90 Percent Design Package. Upload to EAGL and notify ECOLOGY. 3.6 Responses to ECOLOGY 90 Percent Design Package comments. Upload to EAGL and notify ECOLOGY. 3.7 ECOLOGY 90 Percent Design Package Acceptance Letter . Upload to EAGL and notify ECOLOGY. 3.8 Preliminary project shapefiles, file geodatabase feature classes, shared feature services, or ECOLOGY-accepted equivalent. Upload to EAGL and notify ECOLOGY. Template Version 12/10/2020 AGENDA ITEM #5. g) Page 13 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton SCOPE OF WORK Task Number:4 Task Cost: $2,000.00 Task Title:Project Close Out Task Description: The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY . The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance . A. The RECIPIENT will submit the Recipient Close Out Report (RCOR) in EAGL in accordance with Task 1. B. The RECIPIENT will submit an Outcomes Summary using the ECOLOGY template. Task Goal Statement: The RECIPIENT will complete all close out submittals in a timely manner. Task Expected Outcome: Timely and complete submittal of Recipient Closeout Report and Outcomes Summary , any missing deliverables, and the final PRPR. Deliverables Project Close Out Number Description Due Date 4.1 Outcomes Summary. Upload to EAGL and notify ECOLOGY. Template Version 12/10/2020 AGENDA ITEM #5. g) Page 14 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton BUDGET Funding Distribution EG250109 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Title: State SFAP-SFY25 100% Model Toxics Control Capital Account(MTCCA) Stormwater Type: Funding Source %: Description: FDFund: Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? No Approved State Indirect Rate: 30% 15% No No Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: SFAP 07/01/2024 06/30/2027 Grant SFAP Task Total Grant and Loan Administration 6,000.00$ Cultural and Environmental Review, and Permitting 15,000.00$ Design Plans and Specifications 327,000.00$ Project Close Out 2,000.00$ 350,000.00$Total: Template Version 12/10/2020 AGENDA ITEM #5. g) Page 15 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton Funding Distribution Summary Recipient / Ecology Share Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name $$$%297,500.00 350,000.0052,500.0015.00SFAP Total $$52,500.00 297,500.00 $350,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS WQC-2024—Water Quality Program Special Terms and Conditions (Update June 2023) SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: “Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account. “Administrative Requirements” means the effective edition of ECOLOGY 's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. “Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. “Average Annual Debt Service” means , at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. “Accrued Interest” means the interest incurred as loan funds are disbursed. “Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. “Build American Buy American (BABA)” means a portion of the Infrastructure Investment and Jobs Act and establishes a domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects after May 14, 2022. “Bipartisan Infrastructure Law (BIL)” means funding to improve drinking water, wastewater and stormwater infrastructure. “Centennial Clean Water Program” means the state program funded from various state sources . “Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the project. “Construction Materials” means an article, material, or supply (other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; aggregate binding agents or additives; or non-permanent products) that is or consists primarily of, non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), (including optic glass), lumber, and drywall. “Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water Template Version 12/10/2020 AGENDA ITEM #5. g) Page 16 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton quality problem as described in Chapter 173-98-730 WAC. “Davis Bacon Prevailing Wage Act” means the federal law mandating on -site workers on public works projects be paid certain wages, benefits, and overtime (also known as “prevailing wage” on all government-funded construction, alteration, and repair projects. “Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. “Effective Date” means the earliest date on which eligible costs may be incurred . “Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge . “Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT . “Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount and the estimated schedule for completion of the project . “Equivalency” means the amount of State Revolving Fund (SRF) funding each funding cycle equivalent to the EPA grant to Ecology. “Equivalency Project” means State Revolving Fund (SRF) funded project(s) designated by ECOLOGY to receive federal funding and meet additional federal requirements. “Expiration Date” means the latest date on which eligible costs may be incurred. “Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued . “Final Loan Amount” means all principal of and accrued interest on the loan from the Project Start Date through the Project Completion Date. “Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan Amount and the initiation of operation or completion date, whichever comes first. “Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower . “General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. “General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all the taxable property within the boundaries of the RECIPIENT. “Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. “Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. “Initiation of Operation Date” means the actual date the facility financed with proceeds of the loan begins to operate for its intended purpose. (For loans only) “Iron and Steel Products” means products made primarily of iron or steel including but may not be limited to: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. “Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. Template Version 12/10/2020 AGENDA ITEM #5. g) Page 17 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton “Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable. “Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan . “Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan . “Loan Term” means the repayment period of the loan . “Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes . “Manufactured Products” means, items and construction materials composed in whole or in part of non-ferrous metals such as aluminum plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concreate; glass, including optical fiber; and lumber. “Produced in the United States” means for iron and steel products, that all manufacturing processes, from the initial melting state through the application of coatings, occurred in the Untied States. “Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense. “Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents . “Prevailing Wage” means hourly wage, usual benefits, and overtime paid in the largest city in each county , to the majority of workers, laborers, and mechanics performing the same work. The rate is established separately for each county. “Principal and Interest Account” means , for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund to be first used to repay the principal of and interest on the loan. “Project” means the project described in this agreement. “Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed and is the last day eligible costs can be incurred. This term is only used in loan agreements. “Project Schedule” means that schedule for the project specified in the agreement. “Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. “Reserve Account” means , for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. “Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. “Scope of Work” means the tasks and activities constituting the project . “Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution . “Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. “State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. “Termination Date” means the effective date of ECOLOGY’s termination of the agreement . “Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. “Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match. “Total Project Cost” means the sum of all costs associated with a water quality project , including costs that are not eligible for ECOLOGY grant or loan funding. Template Version 12/10/2020 AGENDA ITEM #5. g) Page 18 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton “Unique Entity Identity Identifier (UEI)” means a 12-character alphanumeric ID assigned by SAM.gov. to an entity doing business with or receiving funds from the federal government. This number replaces the DUNS number. “ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. “ULID Assessments” means all assessments levied and collected in any ULID . Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. “Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY’s Water Quality Program website. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting .” B. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services ,” have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. C. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired . The legal description of the real property rights purchased with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington ) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY , on behalf of the State of Washington. The documents required will depend on the project type, the real property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to ECOLOGY. Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language Template Version 12/10/2020 AGENDA ITEM #5. g) Page 19 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance. 1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington , Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to provide any housing and relocation assistance required. e. Hazardous Substances. 1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site, or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed “clean.” 2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring . f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. D. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website . E. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. F. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase . All equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also be reported on the Equipment Purchase Report in EAGL. G. Funding Recognition: The RECIPIENT must inform the public about any ECOLOGY or EPA funding participation in this Template Version 12/10/2020 AGENDA ITEM #5. g) Page 20 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Contact your Ecology Project Team to determine the appropriate recognition for your project . H. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. I. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.” The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request . J. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. K. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY’s Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections , and may otherwise evaluate the project, as part of this assessment. L. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends , completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes , ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. M. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines . Technical assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY : 1. Federal Funding Accountability and Transparency Act (FFATA) Form is available on the Water Quality Program website and must be completed and submitted to Ecology. (This form is used for Section 319 (federal) funds only) 2. “Section 319 Initial Data Reporting” form must be completed in EAGL. A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA . B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA . The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may send a request to their Ecology Financial Manager. To increase public awareness of projects serving communities where English is not the predominant language , RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match projects) The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: (Applies to Section 319 funded projects only) “This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology . The contents of this document do not necessarily reflect the views Template Version 12/10/2020 AGENDA ITEM #5. g) Page 21 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton and policies of the Environmental Protection Agency , nor does the mention of trade names or commercial products constitute endorsement or recommendation for use.” C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. (For Section 319 funded projects only) SECTION 4: CONDITIONS APPLY TO ALL FEDERAL FUNDING AGREEMENTS, INCLUDING SECTION 319, State Revolving Fund (SRF) Equivalency Projects, and SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANT (OSG) A. Acquisitions: RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. B. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at : https://facweb.census.gov/. C. Archaeological Resources and Historic Properties (Section 106): This requires completion of the Ecology Cultural Resources Review Form, coordination with Ecology Cultural Resources staff , and receipt of the Ecology Final Determination prior to any property acquisition and above and below ground disturbing activities. D. Architectural and Engineering Services Procurement: The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see https://uscode.house.gov/view.xhtml?path=/prelim@title40/subtitle1/chapter 11&edition=prelim). E Build America, Buy America (BABA – Pub. L. No. 117-58, 70901-52) (Federally funded SRF Equivalency projects only): The RECIPIENT identified by ECOLOGY as receiving federal equivalency funding agrees to comply with all federal requirements applicable to the assistance received (including those imposed by the Infrastructure Investment and Jobs Act (“IIJA”/BIL), Public Law No. 117-58) which the RECIPIENT understands includes, but is not limited to, the following requirements: that all the iron and steel, manufactured products, and construction materials used in the Project are to be produced in the United States (“Build America, Buy America Requirements”) unless (i) the RECIPIENT has requested and obtained a waiver from the cognizant Agency pertaining to the Project or the Project is otherwise covered by a general applicability waiver; or (ii) all of the contributing Agencies have otherwise advised the RECIPIENT in writing that the Build America, Buy America Requirements are not applicable to the project . RECPIENT shall comply with all record keeping and reporting requirements under all applicable legal authorities , including any reports required by the funding authority (such as EPA and/or a state), such as performance indicators of program deliverables, information on costs and project progress. The RECIPIENT identified by ECOLOGY as receiving federal equivalency funding, understands that (i) each contract and subcontract related to the project is subject to audit by appropriate federal and state entities and (ii) failure to comply with the applicable legal requirements and this Agreement may result in a default hereunder that results in a repayment of the assistance agreement in advance of termination and/or repayment of assistance, and/or other remedial actions. Template Version 12/10/2020 AGENDA ITEM #5. g) Page 22 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton EPA has granted an adjustment period waiver of the requirements of Section 70914(a) of the BIL, pursuant to Section 70914(b)(1) (public interest waiver), for eligible projects financed by SRF projects that have initiated project design planning prior to May 14, 2022, the statutory effective date of the BABA requirements . This action permits the use of non-domestic manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may otherwise be prohibited under the BABA requirements of Section 70914. This action permits the use of non-domestic manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may otherwise be prohibited under the BABA requirements of Section 70914. Sections 70917(a) and (b) of BIL provide a savings provision for existing statutory requirements that meet or exceed BABA requirements . The statutory American Iron and Steel (AIS) requirements of Clean Water Act (CWA) Section 608 and Safe Drinking Water Act (SDWA) Section 1452(a)(4) has previously applied to SRF projects and will continue to do so as part of BABA requirements . Where manufactured products used in the project are required to be produced in the United States, manufactured product shall mean manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. The manufactured products included cover the majority of potential water infrastructure products, including complex products made up of a variety of material types and components. For water infrastructure projects, commonly manufactured products would include, but not be limited to, pumps, motors, blowers, aerators, generators, instrumentation and control systems, gauges, meters, measurement equipment, treatment equipment, dewatering equipment, actuators, and many other mechanical and electrical items. F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority, and Women’s Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs , this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request . Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Template Version 12/10/2020 AGENDA ITEM #5. g) Page 23 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race , color, national origin, or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements . Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections . The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law , regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. “The Contractor will not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements . Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies.” Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list . The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program , including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. I. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. J. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a Template Version 12/10/2020 AGENDA ITEM #5. g) Page 24 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis-Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act and make such records available for review upon request. Wage determinations and instructions for their use can be found at https ://sam.gov/. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request . Where conflicts arise between the State prevailing wage rates and Davis-Bacon Act prevailing wage requirements the more stringent requirement shall govern. Washington State prevailing wage rates can be found at https://www.lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ K. Trafficking in Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. L. Unique Entity Identity Identifier (UEI): The RECIPIENT agrees to register with and make their registration public in the System for Award Management (SAM.gov). The RECIPIENT will be assigned a UEI and agree to include their UEI Number under their organization’s information in EAGL . The UEI number must be entered into EAGL before a funding agreement is signed. SECTION 5: CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY : 1. Financial Capability Assessment Documentation (upon request) 2. Opinion of RECIPIENT’s Legal Council – Form available on the Ecology website must be completed and uploaded to the General Uploads form in EAGL. 3. Authorizing Ordinance or Resolution – Must be uploaded to the General Uploads form in EAGL. 4. Federal Funding Accountability and Transparency Act (FFATA) Form (Required for all federally funded SRF Equivalency projects – Form available on the Ecology website must be completed and uploaded to the General Uploads form in EAGL. 5. CWSRF Federal Reporting Information form – Must be completed in EAGL. 6. Fiscal Sustainability Plan (Asset Management) Certification Form (Only required if the project includes construction of a wastewater or stormwater facility construction) – Must be completed in EAGL. 7. Cost and Effectiveness Analysis Certification Form (Required for all projects receiving SRF Loan funding) – Must be completed in EAGL. 8. State Environmental Review Process (SERP) Documentation (Required for treatment works projects only) – Must be uploaded to the Environmental and Cultural Review form in EAGL. A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes , or which would cause a violation of any covenant, condition, or provision herein. B. American Iron and Steel (Buy American – P.L 113-76, Consolidated Appropriations Act 2014, Section 436): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products Template Version 12/10/2020 AGENDA ITEM #5. g) Page 25 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency . The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT’S compliance with this provision. C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington , including the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution . The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: ECOLOGY designated equivalency project and alternative designated equivalency project RECIPIENTs agree to accept federal funds and the federal requirements that accompany the funds . This includes all the requirements in Section 4 and this Section. E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website . F. Funding Recognition and Outreach: The RECIPIENT agrees to comply with the EPA SRF Signage Guidance to enhance public awareness of EPA assistance agreements nationwide . Signage guidance can be found at: https://ecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-Quality-grants-and-loans/Facility -project-resources. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage , public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-secured loans and general obligation payable from special-assessment-secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested . No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan , unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest Template Version 12/10/2020 AGENDA ITEM #5. g) Page 26 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton based on the interest rate identified in this agreement as the “Effective Interest Rate ,” per annum, calculated on the basis of a 365-day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments , semiannually, over the term of this loan “Loan Term” as outlined in this agreement . J. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff , counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all the covenants , agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments . This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all the taxable property within the boundaries of the RECIPIENT . 4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever . 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it . 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. If the RECIPIENT defeases or advance refunds the loan , it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement , unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan . Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies , the payment shall be due on the next business day for Washington State agencies . Payments shall be mailed to: Department of Ecology Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager . Template Version 12/10/2020 AGENDA ITEM #5. g) Page 27 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement . 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount . Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest , the RECIPIENT shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office . K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations . Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility , including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in good repair, working order, and condition. M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. Template Version 12/10/2020 AGENDA ITEM #5. g) Page 28 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis-Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act and make such records available for review upon request. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request . O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the “General Comments” text box of each progress report. “We verified that we are in compliance with all the requirements as outlined in our funding agreement (s) with the Department of Ecology. This includes but is not limited to: - The Davis-Bacon Act, 29 CFR , prevailing wage requirements, certified weekly payroll, etc. - The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33 - The American Iron and Steel Act (Buy American) - The Build America Buy America Act (BABA) (equivalency projects only)” P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe . It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment . Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded Utility unless: 1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to the operation of the funded Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the ECOLOGY. The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the Template Version 12/10/2020 AGENDA ITEM #5. g) Page 29 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system . 2) Prohibit inflow of stormwater into separated sewer systems. 3) Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the “Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and , when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the “Termination Payment Date”). Termination and Default Remedies No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole discretion, withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event , or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month , or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges . Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the repayment of the loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance, Template Version 12/10/2020 AGENDA ITEM #5. g) Page 30 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property . Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall , at the option of ECOLOGY, become ECOLOGY property . The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff ) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY’s exercise of any or all the termination or default remedies provided in this agreement , the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and /or the state of Washington because of any breach of this agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined . T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement a user-charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The user-charge system will include provisions for a connection charge . In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to repay the loan. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations . 4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled Template Version 12/10/2020 AGENDA ITEM #5. g) Page 31 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form . ·Receives more than $30,000 in federal funds under this award. ·Receives more than 80 percent of its annual gross revenues from federal funds. ·Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is required to report the FFATA information for federally funded agreements , including the required Unique Entity Identifier in www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1.Procure or obtain; 2.Extend or renew a contract to procure or obtain; or 3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 <https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Template Version 12/10/2020 AGENDA ITEM #5. g) Page 32 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton Corporation (or any subsidiary or affiliate of such entities ). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list. Template Version 12/10/2020 AGENDA ITEM #5. g) Page 33 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 07/01/2023 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ." (https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement . c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all products supplied under the Agreement , providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology’s public web site . 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered , disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement . RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project : • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements . * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. Template Version 12/10/2020 AGENDA ITEM #5. g) Page 34 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site . • Discuss the IDP with staff, volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site . c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT . 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT . ECOLOGY must sign the Agreement before any payment requests can be submitted . b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement . c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure . d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY . e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests . f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk . To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement . i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement , as appropriate, or upon completion of an audit as specified herein. Template Version 12/10/2020 AGENDA ITEM #5. g) Page 35 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this Agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety . b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements . d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement . ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion . 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request . b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal . d) ECOLOGY reviews the RECIPIENT’s appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. Template Version 12/10/2020 AGENDA ITEM #5. g) Page 36 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office . Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work . b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at : https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement . 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Template Version 12/10/2020 AGENDA ITEM #5. g) Page 37 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement . Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement : a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline . c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY . 20. PROGRESS REPORTING Template Version 12/10/2020 AGENDA ITEM #5. g) Page 38 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports . c) RECIPIENT shall use ECOLOGY’s provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines . RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials . d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement . e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property . f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment , property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. Template Version 12/10/2020 AGENDA ITEM #5. g) Page 39 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement . d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington , for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement . 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work . All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT . RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement . RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to this end the provisions of this Agreement are declared to be severable . 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 AGENDA ITEM #5. g) Page 40 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton 27. SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement . a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY’s web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work . Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement . Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no Template Version 12/10/2020 AGENDA ITEM #5. g) Page 41 of 41State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2025-Renton-00120 Lind Ave SW Conveyance and Water Quality Stormwater Retrofit Project City of Renton event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments . If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination . RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such . 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 AGENDA ITEM #5. g) 9,028 752 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. None 5/23/2023 Legend 5120256 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet Notes 512 WGS_1984_Web_Mercator_Auxiliary_Sphere Information Technology - GIS RentonMapSupport@Rentonwa.gov Pump Station Public Pump Station Private Pump Station Discharge Point Public Discharge Point Private Discharge Point Pipe Public Pipe Private Pipe Public Culvert Private Culvert Public Roofdrain Private Roofdrain Open Drains Facility Outline Facility Transfer Inactive Pipe Inactive Discharge Point City and County Labels Parcels City and County Boundary <all other values> Renton Streets Parks Waterbodies PROJECT AREA PROJECT OUTFALL SP R I N G B R O O K C R E E K Exhibit B - Site Map Lind Ave SW Conveyance & Water Quality Stormwater Retrofit Project TREATEMENT BMPS TO BE LOCATED WITHIN ROW DIRECTION FLOW, TYP. AGENDA ITEM #5. g) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. 6155 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE 2021 EDITION OF THE INTERNATIONAL FIRE CODE AS ADOPTED AND AMENDED BY THE STATE BUILDING CODE COUNCIL IN CHAPTER 51-54A WAC, REVISING THE CITY’S AMENDMENTS THERETO IN SECTION 4-5-070 OF THE RENTON MUNICIPAL CODE, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsections 4-5-070.B through 4-5-070.C of the Renton Municipal Code are amended as follows: B. ADOPTION OF FIRE CODE AND STANDARDS: The International Fire Code, 2018 2021 Edition, and its Appendices B and H, all published by the International Code Council, as adopted and amended by the State Building Code Council in Chapter 51-54A WAC, and as amended in this Section, but not including International Fire Code Section 5707, are adopted by reference thereto as though fully set forth herein and shall be applicable within the City. Not less than one copy of such code and appendices shall be filed in the City Clerk’s office and shall be available for use and examination by the public. C. AMENDMENTS, ADDITIONS, AND DELETIONS TO THE FIRE CODE: 1. Subsection 101.1, Title, is hereby amended to read as follows: AGENDA ITEM # 7. a) ORDINANCE NO. 6155 2 101.1 Title. These regulations shall be known as the Fire Code of the City of Renton, hereinafter referred to as “this code.” Any references to “this jurisdiction” shall be references to the City of Renton, Washington. 2. Subsection 102.7, Referenced codes and standards, is hereby amended to read as follows: 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 80, except the phrase “Electrical Code adopted by the City of Renton” shall be substituted for all references to the National Electrical Code (NFPA 70). Such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. 3. Subsection 103.1, General Creation of Agency, is hereby amended to read as follows: 103.1 General Creation of Agency. All references in this code to the “department of fire prevention within the jurisdiction” shall be synonymous with the Fire Department under the direction of the Fire Code Official. The function of the department shall be the implementation, administration and enforcement of the provisions of this code. 4. Subsection 103.3, Deputies, is hereby amended by changing the title to “Fire Marshal/Deputy(ies)/Assistant(s),” and to read as follows: AGENDA ITEM # 7. a) ORDINANCE NO. 6155 3 103.3 Fire Marshal/Deputy(ies)/Assistant(s). In accordance with prescribed procedures of this jurisdiction, the Fire Code Official shall have the authority to appoint a Fire Marshal, Deputy Fire Marshal(s), Fire Plans Reviewer(s) and/or Assistant Fire Marshal(s), other related technical officers, and other employees. 5. Section 103.4.1 104.7.1, Legal defense, is hereby amended to read as follows: 103.4.1 104.7.1 Legal defense. Any employee performing duties in connection with the enforcement of this code and acting in good faith and without malice in the performance of such duties shall be relieved from any personal liability for any damage to persons or property as a result of any act or omission in the discharge of such duties, and in the event of claims and/or litigation arising from such act or omission, the City Attorney shall, at the request of and on behalf of said employee, investigate and defend such claims and/or litigation and if the claim be deemed by the City Attorney a proper one or if judgment be rendered against such administrative authority or employee, said claim or judgment shall be paid by the City. This subsection applies only to employees that are paid by and work directly for the City of Renton. It does not apply to those working for other entities, including the Renton Regional Fire Authority. 6. Subsection 103.4 104.7, Liability, is hereby amended by adding a new subsection, to read as follows: AGENDA ITEM # 7. a) ORDINANCE NO. 6155 4 103.4.2 104.7.2 Recovery of Costs. The Fire Department may recover costs from responsible persons, or business or property owners, for any of the following: 1. Suppression and investigation of incendiary fires where the responsible party has been duly convicted of causing the fire. 2. Personnel and apparatus costs associated with repeat responses to situations involving illegal burns after the second response within a calendar year to the same location. Apparatus costs shall be based on the fee schedule established by the King County Fire Chiefs’ Association. 7. Subsection 104.1, General, is hereby amended by adding a new subsection, to read as follows: 104.1.1 Discretionary authority. The Fire Chief, Fire Marshal, Deputy Fire Marshals, Fire Plans Reviewer(s) and/or Assistant Fire Marshal(s) assigned to the Fire Department shall have the authority and discretion to enforce this code. 8. Subsection 104.10.1 104.11.1, Assistance from other agencies, is hereby amended to read as follows: 104.10.1 104.11.1 Assistance from other agencies. Police and other enforcement agencies shall have authority to render necessary assistance in the investigation of fires or the enforcement of this code as requested by the Fire Code Official, or his/her designee. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 5 9. Subsection 105.1.1, Permits required, is hereby amended by adding a new subsection, to read as follows: 105.1.1.1 Operational permit fees. The fee for permits issued in accordance with Subsection Section 105.6 107 of the International Fire Code and permits issued for underground tank removal shall be as stipulated in the City of Renton Fee Schedule. Fees for tank storage shall be assessed for each individual tank. Exceptions: 1. Permit fees for Class IIIB liquid storage shall be assessed for each tank up to a total of five tanks, and no additional fee shall be charged for the sixth through the tenth tank. The eleventh tank and each subsequent tank of Class IIIB liquids shall be assessed per tank. 2. Permit fees for carbon dioxide systems used in beverage dispensing applications shall be waived. The permits shall expire on December 31 of each calendar year or as otherwise noted on the permit. The permit fee shall be payable at or before the time of issuance or renewal of the permit. In the event of failure to remit payment for an operational permit within thirty (30) days after receipt of application or renewal notice, a late fee as specified for Fire Plan Review and Inspection Fees in the City of Renton Fee Schedule shall be assessed in addition to the permit fees. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 6 10. Subsection 105.4.1, Submittals, is hereby amended by adding new subsections, to read as follows: 105.4.1.2 Construction plan review. Plans shall be submitted for review and approval prior to issuing a permit for work set forth in Subsections 105.7.1 through 105.7.25. 105.4.1.3 Plan review and construction fees. Construction plans required to be reviewed by this Chapter and the International Fire Code shall be charged in accordance with the City of Renton Fee Schedule. 1110. Subsection 105.6.3 105.5.4, Aviation facilities, is hereby amended to add a new subsection to read as follows: 105.6.3.1 105.5.4.1 Aircraft Refueling Vehicle. An annual operational permit is required to operate an aircraft refueling vehicle. 1211. Subsection 105.6.16 105.5.18, Flammable and combustible liquids, is hereby amended to read as follows: 105.6.16 105.5.18 Flammable and combustible liquids. An operational permit is required: 1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the off-site transportation in pipelines regulated by the Department of Transportation (DOT) nor does it apply to piping systems. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 7 2. To store, handle or use Class I liquids in excess of five (5) gallons (19L) in a building or in excess of ten (10) gallons (37.9L) outside of a building, except that a permit is not required for the following: 2.1 The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant unless such storage, in the opinion of the Fire Code Official, would cause an unsafe condition. 2.2 The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than thirty (30) days. 3. To store, handle or use Class II or Class IIIA liquids in excess of twenty-five (25) gallons (95L) in a building or in excess of sixty (60) gallons (227L) outside a building, except for fuel oil used in connection with oil- burning equipment in single-family and duplex dwellings. 4. To store, handle or use Class IIIB liquids in tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or where connected to fuel-burning equipment. Exception: Fuel oil and used motor oil used for space heating or water heating in single-family or duplex dwellings. 5. To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 8 6. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and Class II, IIIA or IIIB combustible liquids are produced, processed, transported, stored, dispensed or used. 7. To place temporarily out of service (for more than ninety (90) days) an underground, protected above-ground or above-ground flammable or combustible liquid tank. 8. To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed. 9. To manufacture, process, blend or refine flammable or combustible liquids. 10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4. 11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4. 1312. Subsection 105.6.23 105.5.25, Hot work operations, is hereby amended to read as follows: AGENDA ITEM # 7. a) ORDINANCE NO. 6155 9 105.6.23 105.5.25 Hot works work operations. An operational permit is required for hot work including, but not limited to: 1. Public exhibitions and demonstrations where hot work is conducted. 2. Use of portable hot work equipment inside a structure. [Exception deleted.] 3. Fixed-site hot work equipment such as welding booths. 4. Hot work conducted within a wildfire risk area. 5. Application of roof coverings with the use of an open-flame device. 6. When approved, the Fire Code Official shall issue a permit to carry out a hot work program. This program allows approved personnel to regulate their facility’s hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this Chapter and shall be responsible for issuing permits requiring compliance with the requirements found in Chapter 35. These permits shall be issued only to their employees or hot work operations under their supervision. 1413. Subsection 105.6.30 105.5.32, Mobile food preparation vehicles, is hereby amended to read as follows: 105.6.30 105.5.32 Mobile food facility. An operational permit is required to operate a mobile food facility. The Fire Code Official has AGENDA ITEM # 7. a) ORDINANCE NO. 6155 10 discretion to accept a fire inspection from another King County fire agency when that inspection has been deemed comparable. 1514. Subsection 105.6.37 105.5.39, Places of Assembly, is hereby amended by adding a new subsection, to read as follows: 105.6.37 105.5.39.1 Temporary place of assembly/special event permit. An operational permit is required for any special event where three hundred (300) or more people will congregate, either outdoors or indoors, in other than a Group A Occupancy. 1615. Subsection 105.6 105.5, Required operational permits, is hereby amended to add a new subsection to read as follows: 105.6.51 105.5.53 Commercial Cooking Hood Suppression System Contractor. A permit is required for all companies performing any inspection, service, maintenance or repair on commercial cooking hood suppression systems. This permit shall be valid for twenty-four (24) months. 1716. Subsection 105.7.13 105.6.12, Hazardous materials, is hereby amended to read as follows: 105.7.13 105.6.12 Hazardous materials. A construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility, tank, or other area regulated by Chapter 50 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.20 105.5.22. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 11 Exceptions: 1. Routine maintenance. 2. For repair work performed on an emergency basis, application for permit shall be made within two (2) working days of commencement of work. 17. Subsection 106.1, Submittals, is hereby amended by adding a new subsection, to read as follows: 106.1.1 Construction plan review. Plans shall be submitted for review and approval prior to issuing a permit for work set forth in Subsections 105.6.1 through 105.6.25. 18. Subsection 107.2, Schedule of permit fees, is hereby amended to read as follows: 107.2, Plan review and construction fees. Construction plans required to be reviewed by this Chapter and the international Fire Code shall be charged in accordance with the City of Renton Fee Schedule. 1819. Subsection 108.1 109.1, Maintenance of safeguards, is hereby amended by adding a new subsection, to read as follows: 108.1.1 109.1.1, Malfunctioning Preventable alarm fee. Whenever an alarm system is activated due to a malfunction or preventable cause and the Fire Department is dispatched, a report of the false alarm will be recorded for the building and/or area affected. For the first, second and third false alarm within a calendar year, no fee will be assessed. For every AGENDA ITEM # 7. a) ORDINANCE NO. 6155 12 preventable false alarm or false alarm caused by a malfunction of the alarm beyond the third false alarm a fee will be assessed as per the City of Renton Fee Schedule. Exception 1: False alarms in residential, non-commercial units shall not result in a fee. Exception 2: Multiple false alarms that occur on the same date and/or within a 6-hour time period at the same location shall be treated as a single alarm. 1920. Subsection 109.1 111.1, Board of appeals established, is hereby amended by changing the title to “Hearing Examiner,” and amended to read as follows: 109.1 111.1, Hearing Examiner. In order to hear and decide appeals of orders, decisions or determinations made by the Fire Code Official relative to the application and interpretation of this code, the Hearing Examiner process established by the City of Renton as set forth in RMC 4-8-110, shall have authority. 2021. Subsection 109.3 111.3, Qualifications, is hereby deleted. 2122. Subsection 110.3 112.3, Notice of violation, is hereby amended to read as follows: 110.3 112.3 Notice of violation. When the Fire Code Official finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this code, the Fire Code Official is authorized to prepare a AGENDA ITEM # 7. a) ORDINANCE NO. 6155 13 written notice of violation describing the conditions deemed unsafe and, when compliance is not immediate, specifying a time for reinspection. 2223. Subsection 110.3.1 112.3.1, Service, is hereby amended by adding new subsections, to read as follows: 110.3.1.1 112.3.1.1 Reinspection. Whenever the Fire Department has given notification of a violation that required a reinspection and thirty (30) days have expired with such condition or violation still in existence, a “Subsequent Reinspection” will be required. 110.3.1.2 112.3.1.2 Reinspection Fee. Any Subsequent Reinspection, after the original thirty (30) days period of time, shall require the payment of a reinspection fee as specified in the City of Renton Fee Schedule, to be assessed against the person owning, operating or occupying the building or premises wherein the violation exists. However, any building owner, operator or occupant, upon a reasonable request to the Fire Code Official, may obtain an extension of said thirty (30) day period for a reasonable period to be established by the Fire Code Official to allow such time for compliance. The request for an extension must be received by the Fire Department prior to the expiration of the original reinspection date. 2324. Subsection 110.3.2 112.3.2, Compliance with orders and notices, is hereby amended by adding a new subsection, to read as follows: 110.3.2.1 112.3.2.1 Notice and Responsibility. Whenever the infraction, condition or violation involves the structural integrity of the AGENDA ITEM # 7. a) ORDINANCE NO. 6155 14 building, then the notice of the infraction, condition or violation shall be sent to both the building owner and its occupant or occupants. Should compliance with the fire code – so as to remedy the infraction, condition or violation – require additions or changes to the building or premises, which would be part of the structure or the fixtures to the realty, then the responsibility to remedy the infraction, condition, or violation shall be upon the owner of the building unless the owner and occupant shall otherwise agree between themselves and so notify the City. If, then, the occupant does not remedy the infraction, condition, or violation, then the City shall have the right to demand such remedy from the owner of the premises. 2425. Subsection 110.4 112.4, Violation Penalties, is hereby amended to read as follows: 110.4 112.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor and subject to the penalties in RMC 1-3-1, except as provided in RMC 4-5-070.C.44 and 100. Each day that a violation continues after due notice has been served shall be deemed a separate offense. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 15 2526. Subsection 112.4 113.4, Failure to comply, is hereby amended to read as follows: 112.4 113.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor, subject to RMC 1-3-1. 2627. Section 202, General Definitions, is hereby amended by changing the definitions of “Fire Chief” and “Fire Code Official” to read as follows: FIRE CHIEF. All references in this code to the fire chief shall mean the Fire Chief of the Renton Regional Fire Authority, or a duly authorized representative. FIRE CODE OFFICIAL. The Fire Chief, or his or her designee, shall be the chief enforcement officer with respect to this code. 2728. Section 202, General Definitions, is hereby amended by adding the following definitions: AIRCRAFT REFUELING VEHICLE. A fuel servicing hydrant vehicle, hydrant cart, or an aircraft servicing tank vehicle as defined in NFPA 407. AUTOMATED EXTERNAL DEFIBRILLATOR (AED). An automated external defibrillator (AED) is a portable automatic device used to restore normal heart rhythm to patients in cardiac arrest. IMU or UNDERGROUND OVEN. A box or other set up used to cook food underground. When located at a 1 or 2 family residential property, is AGENDA ITEM # 7. a) ORDINANCE NO. 6155 16 considered a portable outdoor fireplace for location and approval in accordance with the fire code. When located at other property types, placement shall require prior approval of the fire marshal and an open flame permit.in accordance with section 105.5.34. MOBILE FOOD FACILITY. Permanent and nonpermanent food operation vehicles that store, prepare, package, serve, vend, or otherwise provide food for human consumption, on or off the premises. PRIVATE SMOKING CLUB. A place where smoking (as that term is defined by Chapter 70.160 RCW) occurs, that is privately operated, employs no employees and is not open to the public, or which otherwise holds itself out as meeting the criteria for such a place as established by the King County Department of Public Health. SPECIAL EVENT. For the purposes of this code, events that have large occupant loads or create a potential hazard to the participants or the community shall be defined as a “special event” including: a. Any event that occurs in a permitted place of assembly that introduces a hazard regulated by this code and not approved at the time of the issuance of the Place of Assembly Permit. b. Any event with an occupant load that exceeds three hundred (300) in a location that does not have a Place of Assembly Permit. c. All temporary places of assembly. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 17 TEMPORARY PLACE OF ASSEMBLY. An occupancy not classified as “Assembly Group A” that is used for activities normally restricted to assembly occupancies and limited to a period of less than thirty (30) calendar days of assembly use. 2829. Subsection 307.1, General, is hereby amended to read as follows: 307.1 General. Open burning is hereby prohibited in conformance with the Puget Sound Clean Air Agency and the Department of Ecology regulations. 2930. Subsection 307.2, Permit required, is hereby deleted. 3031. Section 308, Open Flames, is hereby amended to add a new subsection 308.5, Sky Lanterns, to read as follows: 308.5 Sky Lanterns. The lighting and/or release of sky lanterns or like materials shall be prohibited in the City of Renton. 3132. Subsection 319.1, General, is hereby amended to read as follows: 319.1 General. Mobile food preparation vehicle and mobile food facilities shall comply with this section. 3233. Section 319, Mobile Food Preparation Vehicles, is amended to add a new subsection to read as follows: 319.11 Location. Mobile food facilities shall not be located within ten feet (10') of buildings, tents, canopies or membrane structures, or within ten feet (10') of any other mobile food facility. Exceptions: AGENDA ITEM # 7. a) ORDINANCE NO. 6155 18 1. When mobile food facilities are positioned on public streets, the distance from buildings may be reduced to five feet (5'). This exception is designated for events lasting a maximum of no more than three (3) consecutive calendar days in a row. 2. When located on private property, the distance from buildings may be reduced to five feet (5') if exposed by a fire wall constructed of materials of clay or concrete only and having no openings such as windows or doors. 3334. Subsection 401.5, Making a false report, is hereby amended to read as follows: 401.5 Making false report. It shall be a misdemeanor for a person to give, signal, or transmit a false fire alarm. 34. Subsection 401.6, Emergency evacuation drills, is hereby amended to read as follows: 401.6 Emergency evacuation drills. Nothing in this section shall prohibit the sounding of a fire alarm signal or the carrying out of an emergency evacuation drill in accordance with the provisions of Section 405. 35. Subsection 403.2, Group A occupancies, is hereby amended by adding new subsections to read as follows: 403.2.5 Automated External Defibrillators (AED). Group A-1 through A-5 occupancies with an occupancy load of three hundred (300) or more persons, shall have available and maintain an AED on the premises. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 19 403.2.5.1 Placement. The location of the AEDs shall be as determined by the Fire Code Official with a one way travel distance not to exceed six hundred (600) feet. 403.2.5.2 AED Maintenance. AEDs shall be maintained as per the manufacturer’s requirements. 403.2.5.3 Automated External Defibrillator (AED) Training. Where AEDs are required by this code, employees shall be trained in the use of and be familiar with the locations of the AEDs. 36. Section 403, Emergency Preparedness Requirements, is hereby amended by adding a new subsection to read as follows: 403.13 403.12 Boarding homes and residential care facilities (I-1, I-2, I-3, R-2 and R-4 occupancies). Boarding homes and/or Assisted Living Facilities as defined by the State Building Code shall comply with Subsections 403.13.1 403.12.1 through 403.13.5 403.12.5 regardless of the capabilities of their residents. 403.13.1 403.12.1 Receiving facilities. The fire safety, emergency and evacuation plans must include memoranda of understanding (MOU) with appropriate facilities that can receive residents with special needs if the host facility must be evacuated. 403.13.2 403.12.2 Transportation agreements. The fire safety, emergency and evacuation plans must include memoranda of understanding (MOU) with transportation companies or services to AGENDA ITEM # 7. a) ORDINANCE NO. 6155 20 provide sufficient transportation resources for residents with special needs and their attending staff in the event of an evacuation. 403.13.3 403.12.3 Residential tracking. The fire safety, emergency and evacuation plans must include provisions for tracking residents with special needs in the event of an evacuation. The facility must be able to account for each resident’s method of transportation and destination including residents who are picked up by non-staff members, even if a transfer of care occurs after the resident’s arrival at a secondary facility. 403.13.4 403.12.4 Emergency communications. The facility must maintain the ability to receive emergency warnings and public information messages even during a power outage. A NOAA weather radio along with a battery operated AM/FM radio provides sufficient warning and information capability to meet this requirement. The facility must have an emergency communications plan to communicate with off-site staff to inform them of the facility’s status, evacuations, or a need for increased staffing levels if normal modes of communication are not operational. The emergency communications plan will also address communication with the families of residents regarding residents’ status, location and safety when the resident is unable to carry out communications on their own, in accordance with state law. 403.13.5 403.12.5 Environment. The facility must have a plan and readily accessible provisions to maintain a safe temperature environment AGENDA ITEM # 7. a) ORDINANCE NO. 6155 21 and adequate ventilation for residents in the event of a utility or equipment outage. The facility must also provide non-flame sources of lighting sufficient to keep residents safe when moving around the facility. Candles or other flame sources of heat and light are not approved due to the increased risk of fire. 37. Subsection 503.1, Where required, is hereby amended to read as follows: 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Subsections 503.1.1 through 503.2. 38. Subsection 503.1.1, Buildings and facilities, of the International Fire Code, 2018 2021 Edition, is hereby adopted. 39. Subsection 503.1.2, Additional access, of the International Fire Code, 2018 2021 Edition, is hereby adopted and amended to read as follows: 503.1.2 Two means of access. Two (2) means of approved access shall be required when a complex of three (3) or more buildings is located more than two hundred feet (200') from a public road. (RMC 4-6-060.H.5) 40. Subsection 503.2, Specifications, of the International Fire Code, 2018 2021 Edition, is hereby amended to read as follows: 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with RMC 4-4-080 and 4-6-060. 41. Section 504, Access to Building Openings and Roofs, is hereby amended by adding a new subsection, to read as follows: AGENDA ITEM # 7. a) ORDINANCE NO. 6155 22 504.4 Buildings with enclosed interior courtyards. New buildings with enclosed interior courtyards shall have a straight/direct access corridor and/or stairway from the exterior to the courtyard at a location acceptable to the Fire Code Official. If a stairway is used it shall comply with International Fire Code Section 1011 and a corridor shall comply with International Fire Code Section 1020. The access shall have a minimum width of four feet (4') and be large enough to carry a thirty-five-foot (35') long sectional ladder (minimum folded length twenty feet (20')) directly from the exterior to the courtyard without obstructions. The access door shall be marked at the street as “Direct access to courtyard.” 42. Subsection 505.1, Address identification, is hereby amended by adding new subsections, to read as follows: 505.1.1 Identification size. In order that the address identification is plainly visible, the following minimum sizes, figures or numbers, in block style in contrasting color shall be used in accordance with the following: 1. Single-family residential houses – four inches (4"). 2. Multi-family residential, commercial, or small business: fifty feet (50') or less setback – six inches (6"); more than fifty feet (50') setback – ten inches (10"). 3. Large commercial or industrial areas: one hundred feet (100') or less setback – eighteen inches (18"); more than one hundred feet (100') setback – twenty-four inches (24"). AGENDA ITEM # 7. a) ORDINANCE NO. 6155 23 505.1.2 Rear Door Marking. When vehicle access is provided to the rear of commercial, industrial and warehouse buildings, the rear doors servicing individual businesses shall be marked to indicate address and/or unit identification with letters or numbers at least four inches (4") high. 505.1.3 Suite numbers. Buildings consisting of separate suites with the same building address shall have their suite number marked so that the suite is readily identifiable and the numbers or letters sized as per Subsection 505.1.1. Exception: Suites located on an interior hall or corridor shall have lettering at least one inch (1") high. 43. Subsection 507.5.1, Where required, is hereby amended to read as follows: 507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than one hundred fifty feet (150') from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the Fire Code Official. Exceptions: 1. For Group R-3 and Group U occupancies, the distance requirement shall be three hundred feet (300'). 2. Deleted. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 24 44. Section 510, Emergency Responder Radio Communication Coverage, is hereby amended to read as follows: 510.1 Emergency responder radio coverage in new buildings. Approved radio coverage for emergency responders shall be provided within buildings meeting any of the following conditions: 1. High rise buildings; 2. The total building area is fifty thousand square feet (50,000') or more; 3. The total basement area is ten thousand square feet (10,000') or more; or 4. There are floors used for human occupancy more than thirty feet (30') below the finished floor of the lowest level of exit discharge. 5. Buildings or structures where the Fire Code Official or police chief determines that in-building radio coverage is critical because of its unique design, location, use or occupancy. The radio coverage system shall be installed in accordance with Sections 510.4 through 510.5.5 of this code and with the provisions of NFPA 1221. This section shall not require improvement of the existing public safety communication systems. When determining if the minimum signal strength referenced in 510.4.1.1 exists at a subject building, the signal strength shall be measured AGENDA ITEM # 7. a) ORDINANCE NO. 6155 25 at any point on the exterior of the building up to the highest point on the roof. Exceptions: 1. Buildings and areas of buildings that have minimum radio coverage signal strength levels of the King County Regional 800 MHz Emergency Radio System within the building in accordance with Section 510.4.1 without the use of a radio coverage system. 2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the Fire Code Official shall have the authority to accept an automatically activated emergency responder radio coverage system. 3. One (1)- and two (2)- family dwellings and townhouses. 4. Subject to the approval of the Fire Code Official, buildings other than high-rise buildings, colleges, universities, and buildings primarily occupied by Group E or I occupancies that have completed a Mobile Emergency Responder Radio Coverage application and submitted payment as outline in the application. 510.2 Emergency responder radio coverage in existing buildings. Existing buildings shall be provided with approved radio coverage for emergency responders as required in Chapter 11. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 26 510.3 Permit required. A construction permit for the installation of or modification to emergency responder radio coverage systems and related equipment is required as specified in Section 105.7.6 105.6.4. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. Prior coordination and approval from the Public Safety Radio System Operator is required before installation of an emergency responder radio system. Until 2022, such approval is required from King County or Valley Communications Center. In 2022 Puget Sound Emergency Radio Network (PSERN) will be the single operator of a county-wide system. In order to be forward compatible, designers and contractors should be aware of PSERN’s requirements for Distributed Antenna Systems. 510.4 Technical requirements. Systems, components, and equipment required to provide the emergency responder radio coverage system shall comply with Sections 510.4.1 through 510.4.2.8. 510.4.1 Emergency responder communication enhancement system signal strength. The building shall be considered to have acceptable emergency responder communications enhancement system coverage when signal strength measurements in ninety-five percent (95%) of all areas on each floor of the building meet the signal strength requirements in Sections 510.4.1.1 through 510.4.1.3. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 27 Exception: Critical areas, defined for purposes of this Section 4-5- 070 by PSERN of King County, as the fire command center(s), the fire pump room(s), interior exit stairways, exit passageways, elevator lobbies, standpipe cabinets, sprinkler sectional valve locations, and other areas required by the Fire Code Official, shall be provided with ninety-nine percent (99%) floor area radio coverage. 510.4.1.1 Minimum signal strength into the building. The minimum inbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the Fire Code Official. The inbound signal level shall be a minimum of -95dBm in ninety-five percent (95%) of the coverage area and ninety-nine percent (99%) in critical areas and sufficient to provide not less than a Delivered Audio Quality (DAQ) of 3.0 or an equivalent Signal-to-Interference-Plus- Noise Ratio (SINR) applicable to the technology for either analog or digital signals. 510.4.1.2 Minimum signal strength out of the building. The minimum outbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the Fire Code Official. The outbound signal level shall be sufficient to provide not less than a DAQ of 3.0 or an equivalent SINR applicable to the technology for either analog or digital signals. A minimum signal strength of -95 dBm AGENDA ITEM # 7. a) ORDINANCE NO. 6155 28 shall be received by the King County Regional 800 MHz Emergency Radio System when transmitted from within the building. 510.4.1.3 System performance. Signal strength shall be sufficient to meet the requirements of the applications being utilized by public safety for emergency operations through the coverage area as specified by the radio system manager (Public Radio System Operator) in section 510.4.2.2. 510.4.2 System design. The emergency responder radio coverage system shall be designed in accordance with Sections 510.4.2.1 through 510.4.2.8 and NFPA 1221. 510.4.2.1 Amplification systems and components. Buildings and structures that cannot support the required level of radio coverage shall be equipped with systems and components to enhance the public safety radio signals and achieve the required level of radio coverage specified in Sections 510.4.1 through 510.4.1.3. Public safety communications enhancement systems utilizing radio-frequency-emitting devices and cabling shall be allowed by the Public Safety Radio System Operator. Prior to installation, all RF-emitting devices shall have the certification of the radio licensing authority and be suitable for public safety use. 510.4.2.2 Technical criteria. The Public Safety Radio System Operator shall provide the various frequencies required, the location of radio sites, the effective radiated power of radio sites, the maximum propagation delay in microseconds, the applications being used and other supporting AGENDA ITEM # 7. a) ORDINANCE NO. 6155 29 technical information necessary for system design upon request by the building owner or owner’s representative. 510.4.2.3 Power supply sources. Emergency responder radio coverage systems shall be provided with dedicated standby batteries or provided with two (2)-hour standby batteries and connected to the facility generator power system in accordance with Section 1203. The standby power supply shall be capable of operating the emergency responder radio coverage system at one hundred percent (100%) system capacity for a duration of not less than twelve (12) hours. 510.4.2.4 Signal booster requirements. If used, signal boosters shall meet the following requirements: 1. All signal booster components shall be contained in a National Electrical Manufacturer’s Association (NEMA) 4, IP66-type waterproof cabinet or equivalent. Exception: Listed battery systems that are contained in integrated battery cabinets. 2. Battery systems used for the emergency power source shall be contained in a NEMA 3R or higher-rated cabinet, IP65-type waterproof cabinet, or equivalent. 3. Equipment shall have Federal Communications Commission (FCC) or other radio licensing authority certification and be suitable for public safety use prior to installation. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 30 4. Where a donor antenna exists, isolation shall be maintained between the donor antenna and all inside antennas to not less than 20dB greater than the system gain under all operating conditions. 5. Bi-Directional Amplifiers (BDAs) used in emergency responder radio coverage systems shall be fitted with anti-oscillation circuitry and per-channel AGC. 6. The installation of amplification systems or systems that operate on or provide the means to cause interference on any emergency responder radio coverage networks shall be coordinated and approved by the Public Safety Radio System Operator. 7. Unless otherwise approved by the Public Safety Radio System Operator, only channelized signal boosters shall be permitted. Exception: Broadband BDAs may be utilized when specifically authorized in writing by the Public Safety Radio System Operator 8. BDAs must also comply with PSERN’s detailed requirements, which include channelized, minimum, of twenty-eight (28) channels, supporting analog, P25 Phase I (FDMA), and P25 Phase II (TDMA). 510.4.2.5 System monitoring. The emergency responder radio enhancement system shall include automatic supervisory and trouble signals that are monitored by a supervisory service and are annunciated by the fire alarm system in accordance with NFPA 72. The following conditions shall be separately annunciated by the fire alarm system, or, if the status AGENDA ITEM # 7. a) ORDINANCE NO. 6155 31 of each of the following conditions is individually displayed on a dedicated panel on the radio enhancement system, a single automatic supervisory signal may be annunciated on the fire alarm system indicating deficiencies of the radio enhancement system: 1. Loss of normal AC power supply. 2. System battery charger(s) failure. 3. Malfunction of the donor antenna(s). 4. Failure of active RF-emitting device(s). 5. Low-battery capacity at seventy percent (70%) reduction of operating capacity. 6. Active system component malfunction. 7. Malfunction of the communications link between the fire alarm system and the emergency responder radio enhancement system. 510.4.2.6 Additional frequencies and change of frequencies. The emergency responder radio coverage system shall be capable of modification or expansion in the event frequency changes are required by the FCC or other radio licensing authority, or additional frequencies are made available by the FCC or other radio licensing authority. 510.4.2.7 Design documents. The fire code official shall have the authority to require “as-built” design documents and specifications for emergency responder communications coverage systems. The documents shall be in a format acceptable to the Fire Code Official. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 32 510.4.2.8 Radio communication antenna density. Systems shall be engineered to minimize the near-far effect. Radio enhancement system designs shall include sufficient antenna density to address reduced gain conditions. Exceptions: 1. Class A narrow band signal booster devices with independent AGC/ALC circuits per channel. 2. Systems where all portable devices within the same band use active power control. 510.5 Installation requirements. The installation of the public safety radio coverage system shall be in accordance with NFPA 1221 and Sections 510.5.1 through 510.5.7. 510.5.1 Approval prior to installation. Amplification systems capable of operating on frequencies licensed to any public safety agency by the FCC or other radio licensing authority shall not be installed without prior coordination and approval of the Public Safety Radio System Operator. 510.5.2 Minimum qualifications of personnel. The minimum qualifications of the system designer and lead installation personnel shall include both of the following: 1. A valid FCC-issued general radio telephone operator’s license. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 33 2. Certification of in-building system training issued by an approved organization or approved school, or a certificate issued by the manufacturer of the equipment being installed. 510.5.3 Acceptance test procedure. Where an emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the radio system tested to verify that two-way coverage on each floor of the building is in accordance with Section 510.4.1. The test procedure shall be conducted as follows: 1. Each floor of the building shall be divided into a grid of twenty (20) approximately equal test areas, with a maximum test area size of six thousand four hundred square feet (6,400’). Where the floor area exceeds one hundred twenty-eight thousand square feet (128,000’), the floor shall be divided into as many approximately equal test areas as needed, such that no test area exceeds the maximum square footage allowed for a test area. 2. Coverage testing of signal strength shall be conducted using a calibrated spectrum analyzer for each of the test grids. A diagram of this testing shall be created for each floor where coverage is provided, indicating the testing grid used for the test in Section 510.5.3(1), shall include signal strengths and frequencies for each test area, and shall indicate all critical areas. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 34 3. Functional talk-back testing shall be conducted using two calibrated portable radios of the latest brand and model used by the agency’s radio communications system or other equipment approved by the Fire Code Official. Testing shall use Digital Audible Quality (DAQ) metrics, where a passing result is a DAQ of 3 or higher. Communications between handsets shall be tested and recorded in the grid square diagram required by section 510.5.3(2): each grid square on each floor; between each critical area and a radio outside the building; between each critical area and the fire command center or fire alarm control panel; between each landing in each stairwell; and the fire command center or fire alarm control panel. 4. Failure of more than five percent (5%) of the test area on any floor shall result in failure of the test. Exception: Critical areas shall be provided with ninety-nine percent (99%) floor area coverage. 5. In the event that two of the test areas fail the test, in order to be more statistically accurate, the floor shall be permitted to be divided into forty (40) equal test areas. Failure of not more than two (2) nonadjacent test areas shall not result in failure of the test. If the system fails the forty (40)-area test, the system shall be altered to meet the ninety-five percent (95%) coverage requirement. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 35 6. A test location approximately in the center of each test area shall be selected for the test, with the radio enabled to verify two-way communications to and from the outside of the building through the public agency’s radio communications system. Once the test location has been selected, that location shall represent the entire test area. Failure in the selected test location shall be considered to be a failure of that test area. Additional test locations shall not be permitted. 7. The gain values of all amplifiers shall be measured and the test measurement results shall be kept on file with the building owner so that the measurements can be verified during annual tests. In the event that the measurement results become lost, the building owner shall be required to rerun the acceptance test to reestablish the gain values. 8. As part of the installation, a spectrum analyzer or other suitable test equipment shall be utilized to ensure spurious oscillations are not being generated by the subject signal booster. This test shall be conducted at the time of installation and at subsequent annual inspections. 9. Systems incorporating Class B signal booster devices or Class B broadband fiber remote devices shall be tested using two portable radios simultaneously conducting subjective voice quality checks. One portable radio shall be positioned not greater than ten feet (10') (3048 mm) from the indoor antenna. The second portable radio shall be positioned at a distance that represents the farthest distance from any indoor antenna. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 36 With both portable radios simultaneously keyed up on different frequencies within the same band, subjective audio testing shall be conducted and comply with the DAQ levels as specified in Sections 510.4.1.1 and 510.4.1.2. 10. Documentation maintained on premises. At the conclusion of the testing, and prior to issuance of the building Certificate of Occupancy, the building owner or owner’s representative shall place a copy of the following records in the DAS enclosure or onsite at the building engineer’s office. The records shall be available to the Fire Code Official and maintained by the building owner for the life of the system: a. A certification letter stating that the emergency responder radio coverage system has been installed and tested in accordance with this code, and that the system is complete and fully functional. b. The grid square diagram created as part of testing in 510.5.3(2) c. Data sheets and/or manufacturer specifications for the emergency responder radio coverage system equipment, back up battery, and charging system (if utilized). d. A diagram showing device locations and wiring schematic. e. A copy of the electrical permit. 11. Acceptance test reporting to the Fire Code Official. At the conclusion of the testing, and prior to the issuance of the building AGENDA ITEM # 7. a) ORDINANCE NO. 6155 37 Certificate of Occupancy, the building owner or owner’s representative shall submit to the Fire Code Official a report of the acceptance test. 510.5.4 FCC compliance. The emergency responder radio coverage system installation and components shall comply with all applicable federal regulations including, but not limited to, FCC 47 CFR Part 90.219. 510.5.5 Mounting of the donor antenna(s). To maintain proper alignment with the system designed donor site, donor antennas shall be permanently affixed on the highest possible position on the building or where approved by the Fire Code Official. A clearly visible sign shall be placed near the antenna stating “movement or repositioning of this antenna is prohibited without approval from the Fire Code Official.” The antenna installation shall be in accordance with the applicable requirements in the International Building Code for weather protection of the building envelope. 510.5.6 Wiring. The backbone, antenna distribution, radiating, or any fiber-optic cables shall be rated as plenum cables. The backbone cables shall be connected to the antenna distribution, radiating, or copper cables using hybrid coupler devices of a value determined by the overall design. Backbone cables shall be routed through an enclosure that matches a building’s required fire-resistance rating for shafts or interior exit stairways. The connection between the backbone cable and the antenna cables shall be made within an enclosure that matches the building’s fire AGENDA ITEM # 7. a) ORDINANCE NO. 6155 38 rating for shafts or interior exit stairways, and passage of the antenna distribution cable in and out of the enclosure shall be protected as a penetration pursuant to the International Building Code. 510.5.7 Identification signs. Emergency responder radio coverage systems shall be identified by an approved sign located on or near the Fire Alarm Control Panel or other approved location stating “This building is equipped with an Emergency Responder Radio Coverage System” “Control Equipment located in room _____.” A sign stating “Emergency Responder Radio Coverage System Equipment” shall be placed on or adjacent to the door of the room containing the main system components. 510.6 Maintenance. The emergency responder radio coverage system shall be maintained operational at all times in accordance with Sections 510.6.1 through 510.6.7. 510.6.1 Testing and proof of compliance. The owner of the building or owner’s authorized agent shall have the emergency responder radio coverage system inspected and tested annually or where structural changes occur including additions or remodels that could materially change the original field performance tests. Testing shall consist of the following items (1) through (7): AGENDA ITEM # 7. a) ORDINANCE NO. 6155 39 1. In-building coverage test as required by the Fire Code Official as described in Section 510.5.3 “Acceptance test procedure” or 510.6.1.1 “Alternative in-building coverage test.” Exception: Group R Occupancy annual testing is not required within dwelling units. 2. Signal boosters shall be tested to verify that the gain/output level is the same as it was upon initial installation and acceptance or set to optimize the performance of the system. 3. Backup batteries and power supplies shall be tested under load of a period of two (2) hours to verify that they will properly operate during an actual power outage. If within the two(2)-hour test period the battery exhibits symptoms of failure, the test shall be extended for additional one (1)-hour periods until the integrity of the battery can be determined. 4. If a fire alarm system is present in the building, a test shall be conducted to verify that the fire alarm system is properly supervising the emergency responder communication system as required in Section 510.4.2.5. The test is performed by simulating alarms to the fire alarm control panel. The certification in Section 510.5.2 is sufficient for the personnel performing this testing. 5. Other active components shall be checked to verify operation within the manufacturer’s specifications. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 40 6. At the conclusion of the testing, a report, which shall verify compliance with Section 510.6.1, shall be submitted to the Fire Code Official. 7. At the conclusion of the testing, a record of the inspection and maintenance along with an updated grid diagram of each floor showing tested strengths in each grid square and each critical area shall be added to the documentation maintained on the premises in accordance with Section 510.5.3. 510.6.1.1 Alternative in-building coverage test. When the comprehensive acceptance test documentation required by Section 510.5.3(10) and most recent previous five (5)-year test results are available, the in-building coverage test required by the Fire Code Official in Section 510.1 and 510.2, may be conducted as follows: 1. Functional talk-back testing shall be conducted using a calibrated portable radio of the latest brand and model used by the agency’s radio communications system or other equipment approved by the Fire Code Official. Testing shall use Digital Audible Quality (DAQ) metrics, where a passing result in a DAQ of 3 or higher. Communications between handsets in the following locations shall be tested: between the fire command center and a location outside the building, and between the fire alarm control panel and each landing in each stairwell. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 41 2. Coverage testing of signal strength shall be conducted using a calibrated spectrum analyzer for: (a) Three (3) grid areas per floor. The three (3) grid areas to be tested on each floor are the three (3) grid areas with poorest performance in the acceptance test or the most recent annual test, whichever is most recent; and (b) Each of the critical areas identified in acceptance test documentation required by Section 510.5.3(10), or as modified by the Fire Code Official; and (c) One (1) grid square per serving antenna. 3. The test area boundaries shall not deviate from the areas established at the time of the acceptance test, or as modified by the Fire Code Official. The building shall be considered to have acceptable emergency responder radio coverage when the required signal strength requirements in 510.4.1.1 and 510.4.1.2 are located in ninety-five percent (95%) of all areas on each floor of the building and ninety-nine percent (99%) in critical areas, and any non-functional serving antenna are repaired to function within normal ranges. If the documentation of the acceptance test and most recent previous annual test results are not available or acceptable to the Fire Code Official, the annual talk-back testing described in 510.5.3 shall be conducted. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 42 The alternative in-building coverage test provides and alternative testing protocol for the in-building coverage test in subsection (1) of section 510.6.1. There is no change or alternative to annual testing requirements enumerated in subsections (2)-(7) of Section 510.6.1, which shall be performed at the time of each annual test. 510.6.2 Additional frequencies. The building owner shall modify or expand the emergency responder radio coverage system at his or her expense in the event frequency changes are required by the FCC or other radio licensing authority, or additional frequencies are made available by the FCC Public Safety Radio System Operator or FCC license holder. Prior approval of a public safety radio coverage system on previous frequencies does not exempt this section. 510.6.3 Nonpublic safety system. Where other nonpublic safety amplification systems installed in buildings reduce the performance or cause interference with the emergency responder communications lcoverage system, the nonpublic safety amplification systems shall be corrected or removed. 510.6.4 Field testing. Fire Department personnel shall have the right to enter onto the property at any reasonable time to conduct field testing to verify the required level of radio coverage or to disable a system that due to malfunction or poor maintenance has the potential to impact the emergency responder radio system in the region. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 43 510.7 Penalties. Any person violating any of the provisions of the section shall be subject to penalties in accordance with the general penalty provisions of RMC 1-3. In addition, any building or structure which does not meet the requirements set forth in this code is hereby declared to be a public nuisance, and the City may, in addition to seeking any other appropriate legal remedy, pursue equitable remedies to abate said nuisance in accordance with RMC 1-3. 510.8 Severability. If any subsection, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. 45. Subsection 602.1, Definitions, is hereby amended by adding the following definition: POWER TAP. A listed device for indoor use consisting of an attachment plug on one end of a flexible cord and two (2) or more receptacles on the opposite end and over current protection. 4645. Subsection 604.10 603.9, Portable, electric space heaters, is hereby amended by adding a new subsection, to read as follows: 604.10.6 603.9.6 Tip-Over Switch. All portable electric space heaters shall be equipped with an automatic tip-over shut-off switch. Exception: Approved listed liquid-filled portable heaters. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 44 4746. Section 607 606, Commercial Kitchen Hoods Cooking Equipment and Systems, is amended to add a new subsection, to read as follows: 607.5 606.5 Type II hoods. Type II hoods shall be installed at or above any heating appliance utilized for the processing and preparation of smoking materials or smoking related paraphernalia for personal consumption. Hoods shall comply with the requirements of the International Mechanical Code. Only Listed, approved heating appliances shall be used for the processing and preparation of smoking materials and/or smoking paraphernalia. Heating appliances shall be installed in an approved manner. 4847. Subsection 806.1.1, Restricted Occupancies, is hereby amended to read as follows: 806.1.1 Restricted occupancies. Natural cut trees shall be prohibited within ambulatory care facilities and Group A, E, I-1, I-2, I-3, I-4, M, R-1, R-2 providing licensed care to clients in one of the categories listed in International Building Code section 310.1 licensed by Washington State and R-4 occupancies. Exceptions: 1. Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Subsections 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, E, M, R-1 and R-2. 2. Trees treated with a flame retardant and renewed to maintain flame resistance, subject to the approval of the Fire Code Official. 3. Trees shall be allowed within dwelling units in Group R-2 occupancies. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 45 4948. Chapter 8, Interior Finish Decorative Materials and Furnishings, is hereby amended by adding a new section, to read as follows: SECTION 809 ATRIUM FURNISHINGS Atrium furnishings shall comply with Subsections 809.1 and 809.2. 809.1 Potential heat. Potential heat of combustible furnishings and decorative materials within atria shall not exceed nine thousand (9,000) BTU per pound (20,934 J/g) when located within an area that is more than twenty feet (20') (6096 mm) below ceiling level sprinklers. 809.2 Decorative materials. Decorative material in atria shall be noncombustible, flame resistant or treated with a flame retardant. 5049. Subsection 901.5.1, Occupancy, is hereby amended to read as follows: 901.5.1 Occupancy. It shall be unlawful to occupy any portion of a building or structure until the required fire detection, alarm, and suppression systems have been tested and approved. All acceptance tests shall be witnessed by the Fire Department prior to occupancy being granted. 5150. Subsection 901.6, Inspection, testing and maintenance, is hereby amended by adding new subsections, to read as follows: 901.6.4 Annual Certification Required. All sprinkler systems, fire alarm systems, portable fire extinguishers, smoke removal systems, air replenishment systems, and other fire protective or extinguishing systems shall be certified annually by a qualified agency, except, hood fire extinguishing systems shall be AGENDA ITEM # 7. a) ORDINANCE NO. 6155 46 serviced every six (6) months. Documentation of such servicing shall be provided as indicated in Subsection 901.6. 901.6.5 Annual Hazardous Systems Certification. All electronic monitoring systems used in connection with flammable, combustible liquids and/or hazardous materials shall be certified annually by a qualified agency. Documentation of the system certifications shall be forwarded to the Fire Department indicating each system has been tested and functions as required. 5251. Subsection 903.2, Where required, is hereby amended to read as follows: 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section. All newly constructed buildings with a gross square footage of five thousand (5,000) or greater square feet, regardless of type of use as well as zero lot line townhouses with an aggregate area of all connected townhouses equaling five thousand (5,000) or greater square feet must be equipped with sprinklers in accordance with this code. Additions to existing buildings which would result in a gross floor area greater than five thousand (5,000) square feet must be retrofitted with an automatic sprinkler system. Exceptions: 1. One-time additions to International Building Code Group R-3 occupancies of up to five hundred (500) square feet are permitted without compliance with this section. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 47 2. Single-family and duplex dwellings and townhouses built in compliance with the International Residential Code and meeting fire flow and access requirements of the City of Renton. 3. When not required by other provisions of this chapter, a fire- extinguishing system installed in accordance with NFPA 13 may be used for increases and substitutions allowed in Subsections 504.3, 506.2, and Table 601 of the International Building Code. 4. All newly established building occupancy uses defined as Private Smoking Clubs. Fire sprinklers shall be installed throughout the entire fire area utilized for such occupancy, regardless of size of such occupancy. 5352. Subsection 903.2.1.1, Group A-1, is hereby amended to read as follows: 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A-1 occupancies where one (1) of the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of three hundred (300) or more; 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies; or 4. The fire area contains a multi-theater complex. 5453. Subsection 903.2.1.2, Group A-2, is hereby amended to read as follows: 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for group A-2 occupancies where one (1) the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; AGENDA ITEM # 7. a) ORDINANCE NO. 6155 48 2. The fire area has an occupant load of one hundred (100) or more; or 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies. 5554. Subsection 903.2.1.3, Group A-3, is hereby amended to read as follows: 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one (1) of the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of three hundred (300) or more; or 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies. 5655. Subsection 903.2.1.4, Group A-4, is hereby amended to read as follows: 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one (1) of the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of three hundred (300) or more; or 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies. 5756. Subsection 903.2.1.5, Group A-5, is hereby amended to read as follows: 903.2.1.5 Group A-5. An automatic sprinkler system shall be provided for Group A-5 occupancies in the following areas: concession stands, retail areas, press boxes and other accessory use areas in excess of one thousand (1,000) square feet. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 49 5857. Subsection 903.2.3, Group E, is hereby amended to read as follows: 903.2.3 Group E. An approved automatic sprinkler system shall be provided for Group E occupancies as follows: 1. Throughout all Group E fire areas greater than five thousand (5,000) square feet in area. 2. The Group E fire area is located on a floor other than a level of exit discharge serving such occupancies. Exception: In buildings where every classroom has not fewer than one (1) exterior exit door at ground level, an automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area. 3. The Group E fire area has an occupant load of three hundred (300) or more. 5958. Subsection 903.2.4, Group F-1, is hereby amended by changing the title to “Group B, F, F-1, and S Occupancies,” and to read as follows: 903.2.4 Group B, F, F-1, and S Occupancies. An automatic sprinkler system shall be provided throughout all buildings containing a Group B, F, F-1, or S occupancy with over five thousand (5,000) square feet of gross floor area. 903.2.4.1 Woodworking operations. An automatic sprinkler system shall be provided throughout all group F-1 occupancy fire areas that contain woodworking operations in excess of two thousand five hundred (2,500) square feet in area which generate finely divided combustible waste or which use finely divided combustible materials. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 50 6059. Subsection 903.2.5, Group H, is hereby amended to read as follows: 903.2.5 Group H. Automatic sprinkler systems shall be provided in high-hazard occupancies as required in Subsections 903.2.5.1 through 903.2.5.3. 903.2.5.1 General. An automatic sprinkler system shall be installed in Group H occupancies. 903.2.5.2 Group H-5 occupancies. An automatic sprinkler system shall be installed throughout buildings containing Group H-5 occupancies. The design of the sprinkler system shall not be less than that required under the International Building Code for the occupancy hazard classifications in accordance with Table 903.2.5.2. Where the design area of the sprinkler system consists of a corridor protected by one (1) row of sprinklers, the maximum number of sprinklers required to be calculated is thirteen (13). TABLE 903.2.5.2 GROUP H-5 SPRINKLER DESIGN CRITERIA LOCATION OCCUPANCY HAZARD CLASSIFICATION Fabrication areas Ordinary Hazard Group 2 Service corridors Ordinary Hazard Group 2 Storage rooms without dispensing Ordinary Hazard Group 2 Storage rooms with dispensing Extra Hazard Group 2 AGENDA ITEM # 7. a) ORDINANCE NO. 6155 51 TABLE 903.2.5.2 GROUP H-5 SPRINKLER DESIGN CRITERIA LOCATION OCCUPANCY HAZARD CLASSIFICATION Corridors Ordinary Hazard Group 2 903.2.5.3 Pyroxylin plastics. An automatic sprinkler system shall be provided in buildings, or portions thereof, where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled in quantities exceeding one hundred (100) pounds. 6160. Subsection 903.2.6, Group I, is hereby amended to read as follows: 903.2.6 Group I. An automatic sprinkler system shall be provided throughout buildings with a Group I fire area. Exceptions: 1. An automatic sprinkler system installed in accordance with Subsection 903.3.1.2 shall be permitted in Group I-1 condition 1 facilities. 2. An automatic sprinkler system is not required where Group I-4 day care facilities are at the level of exit discharge and where every room where care is provided has at least one (1) exterior exit door. 3. In buildings where Group I-4 day care is provided on levels other than the level of exit discharge, an automatic sprinkler system in accordance with Subsection 903.3.1.1 shall be installed on the entire floor where care is provided AGENDA ITEM # 7. a) ORDINANCE NO. 6155 52 and all floors between the level of care and the level of exit discharge, and all floors below the level of exit discharge, other than areas classified as an open parking garage. 6261. Subsection 903.2.7, Group M, is hereby amended to read as follows: 903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one (1) of the following conditions exists: 1. Where a Group M gross floor area exceeds five thousand (5,000) square feet. 2. Where a Group M fire area is located more than three (3) stories above grade. 3. Where the combined area of all Group M fire areas on all floors, including any mezzanines, exceeds five thousand (5,000) square feet. 4. Where a Group M occupancy that is used for the display and sale of upholstered furniture and/or mattresses exceeds five thousand (5,000) square feet. 6362. Subsection 903.2.8, Group R, is hereby amended by adding new subsections, and to read as follows: 903.2.8 Group R. An automatic sprinkler system installed in accordance with Subsection 903.3 shall be provided throughout all buildings with a Group R fire area. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 53 903.2.8.1 Group R-3. An automatic sprinkler system installed in accordance with Subsection 903.3.1.3 shall be permitted in Group R-3 occupancies. 903.2.8.2 Group R-4 Condition 1. An automatic sprinkler system installed in accordance with Subsection 903.3.1.3 shall be permitted in Group R-4 Condition 1 occupancies. 903.2.8.3 Group R-4 Condition 2. An automatic sprinkler system installed in accordance with Subsection 903.3.1.2 shall be permitted in Group R-4 Condition 2 occupancies. 903.2.8.4 Care facilities. An automatic sprinkler system installed in accordance with Subsection 903.3.1.3 shall be permitted in care facilities with five (5) or fewer individuals in a single-family dwelling. 903.2.8.5 Group R-3 Occupancy. When the occupancy has over five thousand (5,000) square feet of gross floor area. 903.2.8.6 Dwellings. When proposed within all residential zones, clustered or constructed so that, when attached, the total square foot gross floor area of all dwelling units exceeds five thousand (5,000) square feet. For the purpose of this subsection, portions of buildings separated by one (1) or more firewalls will not be considered a separate building. 6463. Subsection 903.2.9, Group S-1, is hereby amended to read as follows: 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one (1) of the following conditions exists: AGENDA ITEM # 7. a) ORDINANCE NO. 6155 54 1. A Group S-1 fire area exceeds five thousand (5,000) square feet. 2. A Group S-1 fire area is located more than three (3) stories above grade plane. 3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds five thousand (5,000) square feet. 4. A Group S-1 fire area used for the storage of commercial motor vehicles where the fire area exceeds five thousand (5,000) square feet. 5. A Group S-1 occupancy used for the storage of upholstered furniture or mattresses exceeds two thousand five hundred (2,500) square feet (232 m2). 903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406 of the International Building Code, as shown: 1. Buildings having two (2) or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding five thousand (5,000) square feet. 2. Buildings no more than one (1) story above grade plane, with a fire area containing a repair garage exceeding five thousand (5,000) square feet. 3. Buildings with repair garages servicing vehicles in basements. 4. A Group S-1 fire area used for the repair of commercial motor vehicles where the fire area exceeds five thousand (5,000) square feet. 903.2.9.2 Bulk storage of tires. Buildings and structures where the area for storage of tires exceeds twenty thousand (20,000) cubic feet shall be equipped AGENDA ITEM # 7. a) ORDINANCE NO. 6155 55 throughout with an automatic sprinkler system in accordance with Subsection 903.3.1.1. 6564. Subsection 903.2.10, Group S-2 enclosed parking garages, is hereby amended to read as follows: 903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Subsection 406.4 of the International Building Code as follows: 1. Where the fire area of the enclosed parking garage exceeds five thousand (5,000) square feet; or 2. Where the enclosed parking garage is located beneath other groups. Exception: Enclosed parking garages located beneath Group R-3 occupancies. 903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial motor vehicles where the fire area exceeds five thousand (5,000) square feet. 6665. Subsection 903.2.11, Specific building areas and hazards, is hereby amended to read as follows: 903.2.11 Specific building areas and hazards. In all occupancies other than Group U, an automatic sprinkler system shall be installed for building design or hazards in the locations set forth in Subsections 903.2.11.1 through 903.2.11.6. 903.2.11.1 Stories without openings. An automatic sprinkler system shall be installed throughout all stories, including basements, of all buildings where the AGENDA ITEM # 7. a) ORDINANCE NO. 6155 56 floor area exceeds one thousand five hundred (1,500) square feet unless there is at least one (1) of the following types of exterior wall openings: 1. Openings below grade that lead directly to ground level by an exterior stairway complying with Section 1011 or an outside ramp complying with Section 1012. Openings shall be located on the exterior wall of the story on at least one (1) side. The required openings shall be distributed so that the lineal distance between adjacent openings does not exceed fifty feet (50'). 2. Openings entirely above the adjoining ground level totaling at least twenty (20) square feet in each fifty (50) linear feet, or fraction thereof, of exterior wall in the story on at least one (1) side. The required openings shall be distributed so that the lineal distance between adjacent openings does not exceed fifty feet (50'). The height of the bottom of the clear opening shall not exceed forty-four inches (44") (1,188 mm) measured from the floor. 903.2.11.1.1 Opening dimensions and access. Openings shall have a minimum dimension of not less than thirty inches (30"). Such openings shall be accessible to the Fire Department from the exterior and shall not be obstructed in a manner that firefighting or rescue cannot be accomplished from the exterior. 903.2.11.1.2 Openings on one side only. Where openings in a story are provided on only one (1) side and the opposite wall of such story is more than seventy-five feet (75') from such openings, the story shall be equipped throughout with an approved automatic sprinkler system or openings as specified above shall be provided on at least two (2) sides of the story. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 57 903.2.11.1.3 Basements. Where any portion of a basement is located more than seventy-five feet (75') (22,860 mm) from openings required by Subsection 903.2.11.1, or where walls, partitions or other obstructions are installed that restrict the application of water from hose streams, the basement shall be equipped throughout with an approved automatic sprinkler system. 903.2.11.2 Rubbish and linen chutes. An automatic sprinkler system shall be installed at the top of rubbish and linen chutes and in their terminal rooms. Chutes shall have additional sprinkler heads installed at alternate floors and at the lowest intake. Where a rubbish chute extends through a building more than one (1) floor below the lowest intake, the extension shall have sprinklers installed that are recessed from the drop area of the chute and protected from freezing in accordance with Subsection 903.3.1.1. Such sprinklers shall be installed at alternate floors beginning with the second level below the last intake and ending with the floor above the discharge. Chute sprinklers shall be accessible Access to sprinklers in chutes shall be provided for servicing. 903.2.11.3 Buildings fifty-five feet (55') or more in height. An automatic sprinkler system shall be installed throughout buildings that have one (1) or more stories with an occupant load of thirty (30) or more located fifty-five feet (55') or more above the lowest level of Fire Department vehicle access, measured to the finished floor. Exceptions: 1. Open parking structures AGENDA ITEM # 7. a) ORDINANCE NO. 6155 58 2. Occupancies in Group F-2. 903.2.11.4 Ducts conveying hazardous exhausts. Where required by the International Mechanical Code, automatic sprinklers shall be provided in ducts conveying hazardous exhaust, flammable or combustible materials. Exception: Ducts where the largest cross-sectional diameter of the duct is less than ten inches (10"). 903.2.11.5 Commercial cooking operations. An automatic sprinkler system shall be installed in a commercial kitchen exhaust hood and duct system where an automatic sprinkler system is used to comply with Section 904. 903.2.11.6 Other required suppression fire protection systems. In addition to the requirements of Subsection 903.2, the provisions indicated in Table 903.2.11.6 require the installation of a fire suppression protection system for certain buildings and areas. 6766. Subsection 903.2.12, During construction, is hereby amended to read as follows: 903.2.12 During construction. Automatic sprinkler systems required during construction, alteration, and demolition operations shall be provided in accordance with Section 3313. 6867. Subsection 903.2, Where required, is hereby amended by adding new subsections, to read as follows: 903.2.13 Automatic Sprinkler Systems in New Buildings. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 59 903.2.13.1 Buildings over five thousand (5,000) square feet. A fully automatic fire protection sprinkler system is to be installed in all new buildings in excess of five thousand (5,000) square feet total gross floor area, regardless of vertical or horizontal fire barriers. Such sprinkler system shall be designed, installed and tested as per Subsection 903.3. 903.2.13.2 Buildings less than five thousand (5,000) square feet. A fully automatic fire protection sprinkler system may be required by the Fire Chief or the Fire Code Official for buildings less than five thousand (5,000) square feet gross floor area when, in their judgment, supported by written documentation from a professional organization (such as NFPA, ICC, SBCC, U.L., ISO, etc.) verifies that hazardous operations, hazardous contents, critical exposure problems, limited accessibility to the building or other items may contribute to a definite hazard. 903.2.14 Sprinkler Systems in Remodeled Buildings. The requirements for the installation of fire protection sprinkler systems in remodeled buildings shall be as indicated in Subsections 903.2.14.1 and 903.2.14.2. 903.2.14.1 Existing sprinklered buildings. When existing buildings with full sprinkler systems are remodeled or added onto, the remodeled or added on portion shall be fully sprinklered. 903.2.14.2 Existing non-sprinklered buildings. When an existing building is added onto or remodeled and the resulting total square foot gross floor area exceeds five thousand (5,000) square feet, then the entire structure shall be fully sprinklered. All existing non-sprinklered buildings currently exceeding five AGENDA ITEM # 7. a) ORDINANCE NO. 6155 60 thousand (5,000) square feet where a remodel, alteration or repair exceeds fifty percent (50%) of the building valuation within a three (3) year period shall have a sprinkler system installed throughout. Valuation shall be determined from the King County Assessor records at the time of the first application for a permit. 6968. Subsection 903.3.1.2, NFPA 13R sprinkler systems, is hereby amended to read as follows: 903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies up to and including four (4) stories in height shall be permitted to be installed throughout in accordance with NFPA 13R. NFPA 13R systems shall be limited to buildings with a maximum gross floor area of twelve thousand (12,000) square feet. 7069. Subsection 903.4.2, Alarms, is hereby amended to read as follows: 903.4.2 Alarms. Approved audible and visible alarm notification appliances shall be connected to every automatic sprinkler system in accordance with Section 907 and throughout areas designated by the Fire Code Official. Sprinkler water- flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Exceptions: AGENDA ITEM # 7. a) ORDINANCE NO. 6155 61 1. With approval of the Fire Code Official, visible alarm notification appliances may be omitted for approved residential sprinkler systems in single- family or duplex dwelling units if not otherwise specifically required. Audible alarm notification shall be provided and accomplished by connecting the waterflow alarm initiating device to the multiple-station alarms, household fire alarm system or other approved methods. 2. Alarms are not required for approved domestically supplied local systems with ten (10) heads or less per building. 7170. Subsection 903.4.3, Floor Control Valves, is hereby amended to read as follows: 903.4.3 Floor Control Valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor. Exception: When approved by the Fire Code Official in NFPA 13D and NFPA 13R Systems. 7271. Section 903, Automatic Sprinkler Systems, is hereby amended by adding a new subsection, to read as follows: 903.7 Riser Room Access. All NFPA 13, 13R, and any 13D systems serving five (5) or more dwelling units, sprinkler system risers shall be located in a dedicated room with an exterior door, lighting and heat. Exception: 13D single and two (2)-family residences or townhome sprinkler systems with four (4) units or less. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 62 7372. Subsection 904.12 904.13, Commercial cooking systems, is hereby amended to read as follows: 904.12 904.13 Commercial cooking systems. The automatic fire- extinguishing system for commercial cooking systems shall be of a type recognized for protection of commercial cooking equipment and exhaust systems of the type and arrangement protected. Pre-engineered automatic dry- and wet-chemical extinguishing systems shall be tested in accordance with UL 300 and listed and labeled for the intended application. Existing suppression systems not in compliance shall be replaced with a conforming system whenever any of the following occurs: • Any modifications are made to the structure of the kitchen hood. • Rearrangement of appliances under the hood requires change in nozzle placement. • Any additional cooking appliances are added to the cook line. • The system can no longer be serviced due to the lack of available manufacturer’s listed parts. • Lard or animal fats are replaced with one (1) or more cooking material used for frying that operates at higher temperatures than the suppression system was designed and tested for in the UL listing. If the manufacturer’s original listing was conducted using animal fats, the business owner shall provide a letter to the Fire Department certifying that the cooking system will only be used with animal fats. A sign with AGENDA ITEM # 7. a) ORDINANCE NO. 6155 63 three inches (3") high letters stating “Animal Fat Oils Only” shall be installed on the front of the hood. Existing wet-chemical systems that are not in compliance with current UL 300 Standards shall be updated. Wet-chemical systems that were located within the City on August 25, 2008, were required to be updated to UL 300 Standards by no later than August 25, 2010. All existing wet- chemical systems that were legally installed prior to annexation into City boundaries are required to be updated within two (2) years from the effective date of the annexation that brought the systems within the boundaries of the City. Other types of automatic fire-extinguishing systems shall be listed and labeled for specific use as protection for commercial cooking operations. The system shall be installed in accordance with this code, its listing and the manufacturer’s installation instructions. Automatic fire-extinguishing systems of the following types shall be installed in accordance with the referenced standard indicated, as follows: 1. Carbon dioxide extinguishing systems, NFPA 12. 2. Automatic sprinkler systems, NFPA 13. 3. Foam-water sprinkler system or foam-water spray systems, NFPA 16. 4. Dry-chemical extinguishing systems, NFPA 17. 5. Wet-chemical extinguishing systems, NFPA 17A. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 64 7473. Subsection 904.12.5 904.13.5, Operations and maintenance, of the International Fire Code, 2018 2021 Edition, is hereby amended to add a new subsection to read as follows: 904.12.5.4 904.13.5.4 Commercial Cooking Hood Suppression System Contractor. 904.12.5.4.1 904.13.5.4.1 “Commercial Cooking Hood Suppression System Contractor” Definition. A person or organization that offers to undertake the execution of contracts or accepts payment for the inspection, maintenance, or servicing of a commercial cooking hood suppression system. 904.12.5.4.2 904.13.5.4.2 Penalty for Violation. It shall be unlawful for any person or organization to perform an inspection, maintenance, or servicing of a commercial cooking hood suppression system contractor without a valid permit. A violation of this subsection is a misdemeanor, punishable in accordance with RMC 1-3-1. Each separate instance where an inspection, maintenance or service was provided constitutes a separate violation. 7574. Subsection 905.3.1, Height, is hereby amended to read as follows: 905.3.1 Height. Class III standpipe systems shall be installed throughout buildings where the floor level of the highest story is located more than twenty feet (20') above the lowest level of the Fire Department vehicle access, or where the floor level of the lowest story is located more AGENDA ITEM # 7. a) ORDINANCE NO. 6155 65 than twenty feet (20') below the highest level of Fire Department vehicle access. Exceptions: 1. Class I standpipes are allowed in buildings equipped throughout with an automatic sprinkler system in accordance with Subsection 903.3.1.1 or 903.3.1.2. 2. Class I manual standpipes are allowed in open parking garages where the highest floor is located not more than one hundred fifty feet (150') above the lowest level of Fire Department vehicle access. 3. Class I manual dry standpipes are allowed in open parking garages that are subject to freezing temperatures, provided that the hose connections are located as required for Class II standpipes in accordance with Subsection 905.5. 4. Class I standpipes are allowed in basements equipped throughout with an automatic sprinkler system. 5. Group R-3 does not require standpipes. 7675. Subsection 905.3, Required installations, is hereby amended by adding a new subsection, to read as follows: 905.3.9 High-Rise Building Standpipes. Standpipe risers shall be combination standpipe/sprinkler risers using a minimum pipe size of six inches (6") diameter. Two (2) two and one-half inches (2-1/2") hose connections shall be provided on every intermediate floor level landing in AGENDA ITEM # 7. a) ORDINANCE NO. 6155 66 every required stairway unless otherwise approved by the Fire Code Official. Where pressure reduction valves (PRV) are required, each hose connection shall be provided with its own PRV. The system shall be designed to provide a minimum flow of three hundred (300) gpm at a minimum pressure of one hundred fifty (150) psi (maximum two hundred (200) psi) at each standpipe connection, in addition to the flow and pressure requirements contained in NFPA 14. 7776. Subsection 905.8, Dry standpipes, is hereby amended to read as follows: 905.8 Dry standpipes. Dry standpipes, when approved by the Fire Code Official, are acceptable in other than high-rise buildings. 7877. Subsection 907.1.3, Equipment, is hereby amended to read as follows: 907.1.3 Equipment. Systems and their components shall be listed and approved for the purpose for which they are installed. All new alarm systems shall be addressable. Each device shall have its own address and shall annunciate individual addresses at a UL Central Station. Exception: Systems that have not more than twelve (12) zones and not more than five (5) devices on each zone. 7978. Subsection 907.2.2, Group B, is hereby amended to read as follows: 907.2.2 Group B. A manual fire alarm system shall be installed in the following Group B Occupancies: AGENDA ITEM # 7. a) ORDINANCE NO. 6155 67 1. Those having an occupant load of five hundred (500) or more persons or more than one hundred (100) persons above or below the lowest level of exit discharge. 2. Those that are two (2) or more stories in height or three thousand (3,000) square feet or more in area. 3. The fire area contains an ambulatory care facility. Exception: Deleted. 8079. Subsection 907.2.3, Group E, is hereby amended by deleting Exception Number 3. 8180. Subsection 907.2.4, Group F, is hereby amended by deleting the exception. 8281. Subsection 907.2.7, Group M, is hereby amended by deleting Exceptions Number 1 and 2. 8382. Subsection 907.2.8.1, Manual Fire Alarm System, is hereby amended by deleting Exceptions 1 and 2. 8483. Subsection 907.2.9, Group R-2, is hereby amended by adding a new subsection, to read as follows: 907.2.9.4 Multi-family complexes. Multi-family complexes with three (3) or more separate buildings within the complex, including recreation and/or day-care buildings, shall be provided with approved fire alarm systems regardless of size. The buildings within the complex shall have each building monitored by an approved central station. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 68 8584. Subsection 907.2, Where required – New buildings and structures, is hereby amended by adding a new subsection, to read as follows: 907.2.24 Structures in excess of three thousand (3,000) Square Feet. An approved total coverage addressable manual and automatic fire alarm system shall be provided in accordance with NFPA Standard 72 in all structures in excess of three thousand (3,000) square feet of total floor area. Exception: For the purpose of Section 907, fire walls constructed in accordance with Chapter 7 of the IBC, in Group R-3 and U occupancies, shall not define separate buildings. 8685. Subsection 907.8.5 907.8.4, Inspection, Testing and Maintenance, is hereby amended by adding a new subsection, to read as follows: 907.8.5.1 907.8.4.1 Nonconforming alarm systems. In the event that an alarm system does not meet these requirements, it shall be a further requirement of this chapter that modifications necessary to meet these minimum levels are made to the alarm system and subsequent testing is conducted prior to any occupancy being granted. 8786. Subsection 914.3, High-rise buildings, is hereby amended to read as follows: 914.3 High-rise buildings. High-rise buildings shall comply with Subsections 914.3.1 through 914.3.9. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 69 8887. Subsection 914.3, High-rise buildings, is hereby amended by adding new subsections, to read as follows: 914.3.8 Air replenishment systems. All high-rise buildings shall be equipped with an approved rescue air replenishment system. The system shall provide an adequate pressurized fresh air supply through a permanent piping system for the replenishment of portable life sustaining air equipment carried by Fire Department, rescue and other personnel in the performance of their duties. Location of access stations, as well as installation and maintenance of the air replenishment systems, shall meet the requirements as determined by the Fire Code Official. A specifications document for the construction of air replenishing systems that conforms to the breathing equipment used by the Fire Department will be made available by the Fire Code Official. 914.3.9 Fire equipment. A cabinet or other enclosed facility shall be provided in every stairwell, smoke tower or such similar structure on designated floors, commencing with the third floor, seventh floor and every fourth floor above the seventh floor for the storage of fire hose and related equipment. Facilities, cabinets, devices, hoses and related equipment shall be furnished by the building owner. All such equipment and the specific location thereof shall be subject to the approval of the Fire Code Official. These rooms will be inspected annually by the Fire AGENDA ITEM # 7. a) ORDINANCE NO. 6155 70 Department and equipment replaced by the building owner or his/her representative at the appropriate service life. 8988. Subsection 1103.7.6, Group R-2, is hereby amended to read as follows: 1103.7.6 Group R-2. A manual and automatic fire alarm system that activates the occupant notification system in accordance with Subsection 907.6 907.5 shall be installed in existing Group R-2 occupancies more than three (3) stories in height or with more than sixteen (16) dwelling or sleeping units. Exceptions: 1. Where each living unit is separated from other contiguous living units by fire barriers having a fire-resistance rating of not less than three quarters (0.75) of an 3/4 hour, and where each living unit has either its own independent exit or its own independent stairway or ramp discharging at grade. 2. A separate fire alarm system is not required in buildings that are equipped throughout with an approved supervised automatic sprinkler system installed in accordance with Subsection 903.3.1.1 or 903.3.1.2 and having a local alarm to notify all occupants. 3. A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units and are protected by an approved automatic sprinkler system installed in accordance with Subsection 903.3.1.1 or 903.3.1.2, provided that dwelling units either have a means of AGENDA ITEM # 7. a) ORDINANCE NO. 6155 71 egress door opening directly to an exterior exit access that leads directly to the exits or are served by open-ended corridors designed in accordance with Subsection 1027.6, Exception 3. 4. A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units, do not exceed three (3) stories in height and comply with both of the following: 4.1 Each dwelling unit is separated from other contiguous dwelling units by fire barriers having a fire-resistance rating of not less than three-quarters (3/4) of an hour. 4.2 Each dwelling unit is provided with hardwired, interconnected smoke alarms as required for new construction in Subsection complying with the requirements of Section 907.2.11. 90. Subsection 1203.2, Where required, is hereby amended by adding a new subsection, to read as follows: 1203.2.19 Group I-1 and Group I-2 Nursing Home Occupancies. In addition to specific requirements listed elsewhere in the codes approved manually switched standby power systems in new Group I-1 and I-2 occupancies shall be provided to power the following operations: 1. Heating and refrigeration. 2. Communications and alarm systems. 3. Ventilation systems. 4. Emergency lighting. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 72 5. Patient-care related electrical circuits. 6. At least one (1) elevator used by residents. 89. Subsection 1207.1.6, Fire remediation, is hereby amended by adding a new subsection, to read as follows: 1207.1.6.3 Authorization to bill for fire suppression related to energy storage. The Renton Regional Fire Authority is authorized to bill the operator and/or their insurance for fire suppression and hazardous materials response calls after the response has exceeded 4 hours in duration for all associated fire suppression and/or hazardous materials response costs, including personnel, equipment usage, and replacement contaminated equipment of the incident. Personnel and equipment replacement costs shall be based on actual costs; Equipment costs shall be based on the Washington State Fire Chiefs published wage and equipment rates in place at the time. 9190. Section 3317 3318, Safeguarding roofing operations, is hereby amended to read as follows: 3317.1 3318.1 General. Roofing operations utilizing heat-producing systems or other ignition sources shall be conducted in accordance with Subsections 3317.2 3318.2 through 3317.4 3318.4 and Chapter 35. 3317.2 3318.2 Asphalt and tar kettles. Asphalt and tar kettles shall be operated in accordance with Section 303. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 73 3317.3 3318.3 Fire extinguishers for roofing operations. Fire extinguishers shall comply with Section 906. There shall be not less than one (1) multipurpose portable fire extinguisher with a minimum 3-A 40B:C rating on the roof being covered or repaired. 3317.4 3318.4 Fire Safety. The roofing contractor shall notify the Fire Department before leaving the site of torch-applied roofing system and report each day’s completion and the presence of any hot spots or fires that were suppressed during the roofing process. 9291. Subsection 5001.5, Permits, is hereby amended to read as follows: 5001.5 Permits. Permits shall be required as set forth in Subsections 105.6 and 105.7. When required by the Fire Code Official, permittees shall apply for approval to permanently close a storage, use, or handling facility. Such application shall be submitted at least thirty (30) days prior to the termination of the storage, use, or handling of hazardous materials. The Fire Code Official is authorized to require that the application be accompanied by an approved facility closure plan in accordance with Subsection 5001.6.3. All new installations and/or modifications or additions to existing systems shall require plan review and permit fees as stipulated in the City of Renton Fee Schedule. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 74 9392. Subsection 5003.2.6, Maintenance, is hereby amended to read as follows: 5003.2.6 Maintenance. In addition to the requirements of Subsection 5003.2.3, equipment, machinery, and required detection and alarm systems associated with hazardous materials shall be maintained in an operable condition. Defective containers, cylinders and tanks shall be removed from service, repaired or disposed of in an approved manner. Defective equipment or machinery shall be removed from service and repaired or replaced. Required detection and alarm systems shall be replaced or repaired where defective. All monitoring systems used in connection with hazardous materials shall be certified at least annually by a qualified agency. Documentation of the system certification shall be forwarded to the Fire Department indicating the system has been tested and functions as required. 9493. Subsection 5003.9, General Safety Precautions, is hereby amended to read as follows: 5003.9 General Safety Precautions. General precautions for the safe storage, handling or care of hazardous materials shall be in accordance with Subsections 5003.9.1 through 5003.9.11. 9594. Subsection 5003.9, General Safety Precautions, is hereby amended to add a new subsection, to read as follows: AGENDA ITEM # 7. a) ORDINANCE NO. 6155 75 5003.9.11 Manufacturer’s limitations. The storage and use of hazardous materials shall not exceed the manufacturer’s limitations on shelf life and any other restrictions on use. 9695. Subsection 5303.5.3, Securing Compressed Gas Containers, Cylinders and Tanks, is hereby amended to read as follows: 5303.5.3 Securing compressed gas containers, cylinders and tanks. Compressed gas containers, cylinders and tanks shall be secured to prevent falling caused by contact, vibration or seismic activity. Securing of compressed gas containers, cylinders and tanks shall be by one (1) of the following methods: 1. Securing containers, cylinders and tanks to a fixed object with one (1) or more restraints. Restraints shall be constructed of approved materials such as metal chains, metal cables or other materials as approved by the Fire Code Official. 2. Securing containers, cylinders and tanks on a cart or other mobile device designed for the movement of compressed gas containers, cylinders or tanks. 3. Nesting of compressed gas containers, cylinders and tanks at container filling or servicing facilities or in seller’s warehouses not accessible open to the public. Nesting shall be allowed provided the nested containers, cylinders or tanks, if dislodged, do not obstruct the required means of egress. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 76 4. Securing of compressed gas containers, cylinders and tanks to or within a rack, framework, cabinet or similar assembly designed for such use. Exception: Compressed gas containers, cylinders and tanks in the process of examination, filling, transport or servicing. 9796. Subsection 5601.1, Scope, is hereby amended to read as follows: 5601.1 Scope. The provisions of this chapter shall govern the possession, manufacture, storage, handling, sale and use of explosives, explosive materials, fireworks and small arms ammunition. The indoor use of pyrotechnics in the performing arts in conjunction with theatrical, musical, or similar productions before a proximate audience, performers, or support personnel is hereby prohibited. Exceptions: 1. The Armed Forces of the United States, Coast Guard, or National Guard. 2. Explosives in forms prescribed by the official United States Pharmacopeia. 3. The possession, storage and use of small arms ammunition when packaged in accordance with DOTn packaging requirements. 4. The possession, storage, and use of not more than one (1) pound (0.454 kg) of commercially manufactured sporting black powder, twenty (20) pounds (9 kg) of smokeless powder and ten thousand (10,000) small AGENDA ITEM # 7. a) ORDINANCE NO. 6155 77 arms primers for hand loading of small arms ammunition for personal consumption. 5. The use of explosive materials by federal, state, and local regulatory, law enforcement and fire agencies acting in their official capacities. 6. Special industrial explosive devices which in the aggregate contain less than fifty (50) pounds (23 kg) of explosive materials. 7. The possession, storage and use of blank industrial-power load cartridges when packaged in accordance with DOTn packaging regulations. 8. Transportation in accordance with DOTn 49 CFR Parts 100–185. 9. Items preempted by federal regulations. 9897. Subsection 5601.1.3, Fireworks, is hereby amended to read as follows: 5601.1.3 Fireworks. The knowing possession, sale, and/or discharge of all fireworks are prohibited in the City of Renton, as of May 21, 2005. Exceptions: Possession, storage, and discharge of fireworks may be authorized by the Fire Code Official or City Council for special events or public displays pursuant to an operational fire code permit or other applicable permit issued in compliance with the Renton Municipal Code and other applicable laws, including but not limited to Part VI and Part VII of Chapter 212- 17 WAC, as now or hereafter amended. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 78 9998. Subsection 5601.2.4.2, Fireworks display, is hereby amended by changing the title to “Public Display; Insurance Required,” adding a new subsection, and amending to read as follows: 5601.2.4.2 Public Display; Insurance Required. Any applicant shall, at the time of issuance of such license, submit to the City proper evidence of public or commercial general liability and property damage insurance and such applicant shall maintain the insurance in a company or companies approved by the City with amounts as follows: One million dollars ($1,000,000.00) or more for injuries to any one (1) person in one (1) accident or occurrence; two million dollars ($2,000,000.00) or more for injuries to two (2) or more persons in any one (1) accident or occurrence; one million dollars ($1,000,000.00) for damage to property in any one (1) accident or occurrence. Such insurance shall not be cancelable except by a forty-five (45) day pre-cancellation notice in writing to the City. Further, the insurance required herein shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the insurance required herein and shall not contribute with it. The City of Renton will be named as an Additional Insured on a non-contributory primary basis on the liability policy. Renton’s insurance policies shall not be a source for payment of any liability. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 79 5601.2.4.2.1 Pyrotechnic Operator Required. Every City-authorized display of fireworks shall be handled and supervised by a state licensed pyrotechnic operator. 10099. Subsection 5601.7, Seizure, is hereby amended by adding new subsections, changing the title to “Seizure/Penalty,” and to read as follows: 5601.7 Seizure/Penalty. The City of Renton may employ any of the following procedures to effectuate the seizure and forfeiture of fireworks declared unlawful under this Section. 5601.7.1 Seizure. The Fire Code Official is authorized to remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed, or used in violation of this Section. 5601.7.1.1 Commencement Of Proceedings. In the event that fireworks are seized by the City or Fire Department, and the owner or person from whom the fireworks were seized or any other person claiming ownership or a right to possess the fireworks, then proceedings for forfeiture shall be deemed commenced by the seizure. Within fifteen (15) days following the seizure, the City or Fire Department shall cause notice to be served on the owner of the fireworks seized, the person in charge thereof, and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the fireworks. The notice of seizure may be served by any AGENDA ITEM # 7. a) ORDINANCE NO. 6155 80 method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing to the last known address within the fifteen (15) day period. 5601.7.1.2 Forfeiture. If no person notifies the City or Fire Department in writing of the person’s claim of ownership or right to possession of the fireworks within forty-five (45) days from the date notice is served, the item seized shall be deemed forfeited. 5601.7.1.3 Claim of Ownership. 5601.7.1.3.1 If any person notifies the City or Fire Department in writing of the person’s claim of ownership or right to possession of the fireworks within thirty (30) days, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. 5601.7.1.3.2 If the person claiming ownership or right to possess the fireworks is charged with a criminal offense arising out of the same incident from which the fireworks were seized, the hearing shall be held immediately following the disposition of the criminal matter. In all other cases, the hearing shall be before the Hearing Examiner of the City. A hearing before the Hearing Examiner and any appeal therefrom shall be under title 34 RCW. 5601.7.1.3.3 The burden of producing evidence shall be upon the person claiming to be the lawful owner or the person claiming to have the AGENDA ITEM # 7. a) ORDINANCE NO. 6155 81 lawful right to possession of the fireworks. The City or Fire Department shall promptly return the fireworks to the claimant upon a determination by the Hearing Examiner that the claimant is lawfully entitled to possession by a preponderance of the evidence, and as soon as the fireworks are no longer needed as evidence. 5601.7.1.4 Hold as Evidence. Nothing in this Section shall affect the City or Fire Department’s authority to hold any fireworks as evidence for any criminal investigation, prosecution, or appeal. 5601.7.2 Penalty. Any violation of this section related to fireworks classified as “consumer” by RCW 70.77.136, as now or hereinafter amended, shall be punishable as a class 1 civil infraction under RCW 7.80.120. Knowing possession, sale, or discharge of fireworks not classified as “consumer” shall be subject to such fines and penalties as set forth in RCW 70.77.488, 70.77.540, and Chapter 212-17 WAC. 101100. Subsection 5704.2.11, Underground Tanks, is hereby amended to read as follows: 5704.2.11 Underground Tanks. Underground storage of flammable and combustible liquids in tanks shall comply with Subsection 5704.2 and Subsections 5704.2.11.1 through 5704.2.11.2. Corrosion protection shall comply with WAC 173-360A. All new underground storage tanks shall conform to the standards as defined in RMC 4-5-120, Underground Storage Tank Secondary AGENDA ITEM # 7. a) ORDINANCE NO. 6155 82 Containment Regulations. All provisions of RMC 4-5-120 shall apply to the installation, use, maintenance, and abandonment of underground storage tanks. All unauthorized releases from underground storage tanks shall be reported in conformance with RMC 4-5-120.K, Release Reporting Requirements. Leaking tanks shall be promptly emptied and removed from the ground and abandoned in accordance with Subsection 5704.2.14. All new above-ground and underground tank installations and modifications or additions to existing systems shall be subject to plan review and installation fees as described in the City of Renton Fee Schedule. 102101. Subsection 5704.2.11.4, Leak prevention, is hereby amended by adding a new subsection, to read as follows: 5704.2.11.4.3 Leak Detection System Maintenance and Certification. Leak detection devices and monitoring systems installed in accordance with this subsection shall be inspected and tested at least annually by a qualified third party, and the test results maintained on site for at least one (1) year. 103102. Section 5707, On-Demand Mobile Fueling Operations, of the International Fire Code, 2018 2021 Edition, is hereby not adopted. 104103. Appendix B104.2, Area separation, of the International Fire Code, 2018 2021 Edition, is hereby adopted and amended to read as follows: Appendix B104.2 Area separation. Portions of buildings, which are separated by one (1) or more four (4) hour firewalls constructed in AGENDA ITEM # 7. a) ORDINANCE NO. 6155 83 accordance with the International Building Code, without openings, and provided with a thirty-inch (30") parapet, are allowed to be considered as separate fire areas. 105104. Appendix B105, Fire-Flow Requirements For Buildings, of the International Fire Code, 2018 2021 Edition, is hereby adopted and amended to read as follows: SECTION B105 FIRE-FLOW REQUIREMENTS FOR BUILDINGS B105.1 One- and two-family dwellings. The minimum fire-flow and flow duration requirements for one (1)- and two (2)-family dwellings having a fire-flow calculation area that does not exceed three thousand six hundred (3,600) square feet (344.5 m2) shall be one thousand (1,000) gallons per minute (3785.4 L/min) for one (1) hour. Fire-flow and flow duration for dwellings having a fire-flow calculation area in excess of three thousand six hundred (3,600) square feet (344.5m2) shall not be less than that specified in Table B105.1(2). Exception: A reduction in required fire-flow of fifty percent (50%), as approved, is allowed when the building is equipped with an approved automatic sprinkler system. B105.2 Buildings other than one (1)- and two (2)-family dwellings. The minimum fire-flow and flow duration for buildings other AGENDA ITEM # 7. a) ORDINANCE NO. 6155 84 than one (1)- and two (2)-family dwellings shall be as specified in Table B105.1(2). Exception: A reduction in required fire-flow of up to fifty percent (50%), as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Subsections 903.3.1.1 or 903.3.1.2. The resulting fire-flow shall not be less than one thousand five hundred (1,500) gallons per minute (5678 L/min) for the prescribed duration as specified in Table B105.1(2). SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION V. A summary of this ordinance shall be published in the City’s official newspaper. The summary shall consist of this ordinance’s title. SECTION VI. This ordinance shall be in full force and effect on January 1, 2025. AGENDA ITEM # 7. a) ORDINANCE NO. 6155 85 PASSED BY THE CITY COUNCIL the day of , 2024. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2024. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD-CED:24ORD008:11/8/2024 AGENDA ITEM # 7. a) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING AND REPLACING THE 2025 CITY OF RENTON SALARY TABLE PREVIOUSLY ADOPTED IN ORDINANCE NO. 6147, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council has approved changes in compensation that impact the City of Renton 2025 Salary Table; and WHEREAS, the City Council desires to amend and replace the 2025 City of Renton Salary Table previously adopted as part of the City’s 2025-2026 budget on November 18, 2024, in Ordinance No. 6147; the replacement Salary Table incorporates changes in compensation that are due to employee re-classifications; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The City Council hereby adopts the amended 2025 City of Renton Salary Table, attached hereto and incorporated by this reference as Exhibit A. SECTION II. The Salary Table is intended to be consistent with applicable collective bargaining agreements. In the event of conflicts, applicable collective bargaining agreements control. SECTION III. The amended Salary Table adopted in Section I shall be effective January 1, 2025, and replace the Salary Table adopted in Ordinance No. 6147. Once effective, the amended Salary Table shall remain in effect until changes are authorized by the City Council. SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such AGENDA ITEM # 7. b) ORDINANCE NO. ________ 2 invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION V. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL the day of , 2024. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2024. ______________________________ Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD-HRRM:24ORD025:11/14/2024 AGENDA ITEM # 7. b) ORDINANCE NO. ________ 3 ATTACHMENT A 2025 CITY OF RENTON SALARY TABLE AGENDA ITEM # 7. b) 3.5% Grade Position Title Monthly Annual Monthly Annual e10 Mayor (1)18,042 216,504 18,042 216,504 e09 City Council President (2)(7) e09 City Council Members (2) e08 11,407 136,884 11,986 143,832 12,591 151,092 13,227 158,724 13,895 166,740 e11 Municipal Court Judge (6) Salary established pursuant to RMC 3-10-2.E m53 Chief Administrative Officer 16,343 196,116 17,176 206,112 18,042 216,504 18,953 227,436 19,902 238,824 m52 Police Chief (3) 15,942 191,304 16,749 200,988 17,604 211,248 18,495 221,940 19,420 233,040 m51 15,554 186,648 16,343 196,116 17,176 206,112 18,042 216,504 18,953 227,436 m50 15,173 182,076 15,942 191,304 16,749 200,988 17,604 211,248 18,495 221,940 m49 City Attorney 14,809 177,708 15,554 186,648 16,343 196,116 17,176 206,112 18,042 216,504 m49 Parks & Recreation Administrator 14,809 177,708 15,554 186,648 16,343 196,116 17,176 206,112 18,042 216,504 m49 Community & Economic Development Administrator 14,809 177,708 15,554 186,648 16,343 196,116 17,176 206,112 18,042 216,504 m49 Deputy Chief Administrative Officer 14,809 177,708 15,554 186,648 16,343 196,116 17,176 206,112 18,042 216,504 m49 Finance Administrator 14,809 177,708 15,554 186,648 16,343 196,116 17,176 206,112 18,042 216,504 m49 Human Resources & Risk Mgmt Administrator 14,809 177,708 15,554 186,648 16,343 196,116 17,176 206,112 18,042 216,504 m49 Judicial Administrative Officer 14,809 177,708 15,554 186,648 16,343 196,116 17,176 206,112 18,042 216,504 m49 Public Works Administrator 14,809 177,708 15,554 186,648 16,343 196,116 17,176 206,112 18,042 216,504 m48 Police Deputy Chief (4)14,444 173,328 15,173 182,076 15,942 191,304 16,749 200,988 17,604 211,248 m47 14,094 169,128 14,809 177,708 15,554 186,648 16,343 196,116 17,176 206,112 m46 Prosecution Director 13,749 164,988 14,444 173,328 15,173 182,076 15,942 191,304 16,749 200,988 m45 13,415 160,980 14,094 169,128 14,809 177,708 15,554 186,648 16,343 196,116 m44 13,090 157,080 13,749 164,988 14,444 173,328 15,173 182,076 15,942 191,304 m43 Economic Development Director 12,766 153,192 13,415 160,980 14,094 169,128 14,809 177,708 15,554 186,648 m42 Police Commander (5)12,456 149,472 13,090 157,080 13,749 164,988 14,444 173,328 15,173 182,076 m42 Sr Assistant City Attorney 12,456 149,472 13,090 157,080 13,749 164,988 14,444 173,328 15,173 182,076 m41 Fiscal Services Director 12,155 145,860 12,766 153,192 13,415 160,980 14,094 169,128 14,809 177,708 m41 Information Technology Director 12,155 145,860 12,766 153,192 13,415 160,980 14,094 169,128 14,809 177,708 m40 Airport Director 11,859 142,308 12,456 149,472 13,090 157,080 13,749 164,988 14,444 173,328 m40 Development Engineering Director 11,859 142,308 12,456 149,472 13,090 157,080 13,749 164,988 14,444 173,328 m40 Development Services Director 11,859 142,308 12,456 149,472 13,090 157,080 13,749 164,988 14,444 173,328 m40 Facilities Director 11,859 142,308 12,456 149,472 13,090 157,080 13,749 164,988 14,444 173,328 m40 Maintenance Services Director 11,859 142,308 12,456 149,472 13,090 157,080 13,749 164,988 14,444 173,328 m40 Planning Director 11,859 142,308 12,456 149,472 13,090 157,080 13,749 164,988 14,444 173,328 m40 Transportation Systems Director 11,859 142,308 12,456 149,472 13,090 157,080 13,749 164,988 14,444 173,328 m40 Utility Systems Director 11,859 142,308 12,456 149,472 13,090 157,080 13,749 164,988 14,444 173,328 m39 Parks Planning and Natural Resources Director 11,569 138,828 12,155 145,860 12,766 153,192 13,415 160,980 14,094 169,128 m38 City Clerk/Public Records Officer 11,288 135,456 11,859 142,308 12,456 149,472 13,090 157,080 13,749 164,988 m38 Communications Director 11,288 135,456 11,859 142,308 12,456 149,472 13,090 157,080 13,749 164,988 m38 Emergency Management Director 11,288 135,456 11,859 142,308 12,456 149,472 13,090 157,080 13,749 164,988 m38 Enterprise Applications Manager 11,288 135,456 11,859 142,308 12,456 149,472 13,090 157,080 13,749 164,988 m38 HR Labor Relations & Compensation Manager 11,288 135,456 11,859 142,308 12,456 149,472 13,090 157,080 13,749 164,988 m38 Infrastructure & Security Manager 11,288 135,456 11,859 142,308 12,456 149,472 13,090 157,080 13,749 164,988 m38 Lead Prosecutor 11,288 135,456 11,859 142,308 12,456 149,472 13,090 157,080 13,749 164,988 m38 Parks and Trails Director 11,288 135,456 11,859 142,308 12,456 149,472 13,090 157,080 13,749 164,988 m38 Recreation Director 11,288 135,456 11,859 142,308 12,456 149,472 13,090 157,080 13,749 164,988 m37 Enterprise Applications Manager 11,016 132,192 11,569 138,828 12,155 145,860 12,766 153,192 13,415 160,980 As established by the Independent Salary Commission pursuant to RMC 2-20 As established by the Independent Salary Commission pursuant to RMC 2-20 Wage Adjustment 2025 CITY OF RENTON SALARY TABLE NON-REPRESENTED Effective January 1, 2025 STEP A STEP B STEP C STEP D STEP E ELECTED OFFICIALS MANAGEMENT & SUPERVISORY (NON-UNION) AGENDA ITEM # 7. b) 3.5% Grade Position Title Monthly Annual Monthly Annual Wage Adjustment 2025 CITY OF RENTON SALARY TABLE NON-REPRESENTED Effective January 1, 2025 STEP A STEP B STEP C STEP D STEP E m37 ITS and Maintenance Manager 11,016 132,192 11,569 138,828 12,155 145,860 12,766 153,192 13,415 160,980 m37 Transportation Design Manager 11,016 132,192 11,569 138,828 12,155 145,860 12,766 153,192 13,415 160,980 m37 Transportation Operations Manager 11,016 132,192 11,569 138,828 12,155 145,860 12,766 153,192 13,415 160,980 m37 Transportation Planning Manager 11,016 132,192 11,569 138,828 12,155 145,860 12,766 153,192 13,415 160,980 m37 Utility Engineering Manager 11,016 132,192 11,569 138,828 12,155 145,860 12,766 153,192 13,415 160,980 m36 Budget & Accounting Manager 10,744 128,928 11,288 135,456 11,859 142,308 12,456 149,472 13,090 157,080 m36 Construction Engineering Manager 10,744 128,928 11,288 135,456 11,859 142,308 12,456 149,472 13,090 157,080 m36 Current Planning Manager 10,744 128,928 11,288 135,456 11,859 142,308 12,456 149,472 13,090 157,080 m36 Development Engineering Manager 10,744 128,928 11,288 135,456 11,859 142,308 12,456 149,472 13,090 157,080 m36 Economic Development Assistant Director 10,744 128,928 11,288 135,456 11,859 142,308 12,456 149,472 13,090 157,080 m36 Government Affairs Manager 10,744 128,928 11,288 135,456 11,859 142,308 12,456 149,472 13,090 157,080 m36 Long Range Planning Manager 10,744 128,928 11,288 135,456 11,859 142,308 12,456 149,472 13,090 157,080 m36 Redevelopment Manager 10,744 128,928 11,288 135,456 11,859 142,308 12,456 149,472 13,090 157,080 m35 Assistant City Attorney 10,479 125,748 11,016 132,192 11,569 138,828 12,155 145,860 12,766 153,192 m34 GIS & Data Manager 10,220 122,640 10,744 128,928 11,288 135,456 11,859 142,308 12,456 149,472 m34 Human Resources Benefits Manager 10,220 122,640 10,744 128,928 11,288 135,456 11,859 142,308 12,456 149,472 m34 Network Systems Manager 10,220 122,640 10,744 128,928 11,288 135,456 11,859 142,308 12,456 149,472 m34 Organizational Development Manager 10,220 122,640 10,744 128,928 11,288 135,456 11,859 142,308 12,456 149,472 m34 Risk Manager 10,220 122,640 10,744 128,928 11,288 135,456 11,859 142,308 12,456 149,472 m33 Sustainability & Solid Waste Manager 9,974 119,688 10,479 125,748 11,016 132,192 11,569 138,828 12,155 145,860 m33 Water Maintenance Manager 9,974 119,688 10,479 125,748 11,016 132,192 11,569 138,828 12,155 145,860 m32 Capital Projects Manager 9,730 116,760 10,220 122,640 10,744 128,928 11,288 135,456 11,859 142,308 m32 Economic Development Manager 9,730 116,760 10,220 122,640 10,744 128,928 11,288 135,456 11,859 142,308 m32 Fleet Manager 9,730 116,760 10,220 122,640 10,744 128,928 11,288 135,456 11,859 142,308 m32 Human Services Manager 9,730 116,760 10,220 122,640 10,744 128,928 11,288 135,456 11,859 142,308 m32 Parks Planning Manager 9,730 116,760 10,220 122,640 10,744 128,928 11,288 135,456 11,859 142,308 m32 Street Maintenance Manager 9,730 116,760 10,220 122,640 10,744 128,928 11,288 135,456 11,859 142,308 m32 Urban Forestry and Natural Resources Manager 9,730 116,760 10,220 122,640 10,744 128,928 11,288 135,456 11,859 142,308 m32 Waste Water/Special Operations Manager 9,730 116,760 10,220 122,640 10,744 128,928 11,288 135,456 11,859 142,308 m31 Facilities Manager 9,495 113,940 9,974 119,688 10,479 125,748 11,016 132,192 11,569 138,828 m31 Parks Maintenance Manager 9,495 113,940 9,974 119,688 10,479 125,748 11,016 132,192 11,569 138,828 m30 Comms & Community Engagement Manager 9,263 111,156 9,730 116,760 10,220 122,640 10,744 128,928 11,288 135,456 m30 Police Manager 9,263 111,156 9,730 116,760 10,220 122,640 10,744 128,928 11,288 135,456 m29 Communications Manager 9,031 108,372 9,495 113,940 9,974 119,688 10,479 125,748 11,016 132,192 m29 Golf Course Manager 9,031 108,372 9,495 113,940 9,974 119,688 10,479 125,748 11,016 132,192 m29 Prosecuting Attorney 9,031 108,372 9,495 113,940 9,974 119,688 10,479 125,748 11,016 132,192 m29 Recreation Manager 9,031 108,372 9,495 113,940 9,974 119,688 10,479 125,748 11,016 132,192 m28 Financial Operations Manager 8,819 105,828 9,263 111,156 9,730 116,760 10,220 122,640 10,744 128,928 m28 Permit Services Manager 8,819 105,828 9,263 111,156 9,730 116,760 10,220 122,640 10,744 128,928 m28 Tax & Licensing Manager 8,819 105,828 9,263 111,156 9,730 116,760 10,220 122,640 10,744 128,928 m27 Enterprise Content Manager 8,602 103,224 9,031 108,372 9,495 113,940 9,974 119,688 10,479 125,748 m27 Senior Grants Analyst 8,602 103,224 9,031 108,372 9,495 113,940 9,974 119,688 10,479 125,748 m27 Museum Manager 8,602 103,224 9,031 108,372 9,495 113,940 9,974 119,688 10,479 125,748 m26 Chief of Staff 8,392 100,704 8,819 105,828 9,263 111,156 9,730 116,760 10,220 122,640 m25 Court Services Manager 8,188 98,256 8,602 103,224 9,031 108,372 9,495 113,940 9,974 119,688 m25 Head Golf Professional 8,188 98,256 8,602 103,224 9,031 108,372 9,495 113,940 9,974 119,688 m25 Senior Benefits Analyst 8,188 98,256 8,602 103,224 9,031 108,372 9,495 113,940 9,974 119,688 m25 Senior Employee Relations Analyst 8,188 98,256 8,602 103,224 9,031 108,372 9,495 113,940 9,974 119,688 m25 Senior Finance Analyst 8,188 98,256 8,602 103,224 9,031 108,372 9,495 113,940 9,974 119,688 m25 Senior Human Resources Analyst - DEI 8,188 98,256 8,602 103,224 9,031 108,372 9,495 113,940 9,974 119,688 m25 Senior Risk Management Analyst 8,188 98,256 8,602 103,224 9,031 108,372 9,495 113,940 9,974 119,688 m25 Solid Waste Program Manager 8,188 98,256 8,602 103,224 9,031 108,372 9,495 113,940 9,974 119,688 m24 Deputy City Clerk/Public Records Officer 7,992 95,904 8,392 100,704 8,819 105,828 9,263 111,156 9,730 116,760 m23 Benefits Analyst 7,788 93,456 8,188 98,256 8,602 103,224 9,031 108,372 9,495 113,940 m23 Employee Relations Analyst 7,788 93,456 8,188 98,256 8,602 103,224 9,031 108,372 9,495 113,940 m23 Recreation Supervisor 7,788 93,456 8,188 98,256 8,602 103,224 9,031 108,372 9,495 113,940 m23 Risk Management Analyst 7,788 93,456 8,188 98,256 8,602 103,224 9,031 108,372 9,495 113,940 AGENDA ITEM # 7. b) 3.5% Grade Position Title Monthly Annual Monthly Annual Wage Adjustment 2025 CITY OF RENTON SALARY TABLE NON-REPRESENTED Effective January 1, 2025 STEP A STEP B STEP C STEP D STEP E m22 Community Events Coordinator 7,605 91,260 7,992 95,904 8,392 100,704 8,819 105,828 9,263 111,156 m22 Community Outreach Coordinator 7,605 91,260 7,992 95,904 8,392 100,704 8,819 105,828 9,263 111,156 m22 Court Services Supervisor 7,605 91,260 7,992 95,904 8,392 100,704 8,819 105,828 9,263 111,156 m22 Employee Health & Safety Coordinator 7,605 91,260 7,992 95,904 8,392 100,704 8,819 105,828 9,263 111,156 m22 Golf Course Supervisor 7,605 91,260 7,992 95,904 8,392 100,704 8,819 105,828 9,263 111,156 m22 Parks & Recreation Program Coordinator 7,605 91,260 7,992 95,904 8,392 100,704 8,819 105,828 9,263 111,156 m21 Executive Assistant 7,417 89,004 7,788 93,456 8,188 98,256 8,602 103,224 9,031 108,372 m21 Senior Tax & Licensing Auditor 7,417 89,004 7,788 93,456 8,188 98,256 8,602 103,224 9,031 108,372 m20 7,236 86,832 7,605 91,260 7,992 95,904 8,392 100,704 8,819 105,828 m19 7,063 84,756 7,417 89,004 7,788 93,456 8,188 98,256 8,602 103,224 m18 Payroll Technician 3 6,885 82,620 7,236 86,832 7,605 91,260 7,992 95,904 8,392 100,704 m17 Legal Analyst 6,722 80,664 7,063 84,756 7,417 89,004 7,788 93,456 8,188 98,256 n16 Administrative Assistants (All Depts)6,531 78,372 6,860 82,320 7,196 86,352 7,567 90,804 7,945 95,340 n16 Finance Analyst 3 6,531 78,372 6,860 82,320 7,196 86,352 7,567 90,804 7,945 95,340 n16 Tax & Licensing Auditor 2 6,531 78,372 6,860 82,320 7,196 86,352 7,567 90,804 7,945 95,340 n15 6,361 76,332 6,689 80,268 7,026 84,312 7,383 88,596 7,760 93,120 n14 6,211 74,532 6,531 78,372 6,860 82,320 7,196 86,352 7,567 90,804 n13 Finance Analyst 2 6,058 72,696 6,361 76,332 6,689 80,268 7,026 84,312 7,383 88,596 n13 Human Resources Specialist 6,058 72,696 6,361 76,332 6,689 80,268 7,026 84,312 7,383 88,596 n13 Payroll Technician 2 6,058 72,696 6,361 76,332 6,689 80,268 7,026 84,312 7,383 88,596 n13 Tax & Licensing Auditor 1 6,058 72,696 6,361 76,332 6,689 80,268 7,026 84,312 7,383 88,596 n12 5,916 70,992 6,211 74,532 6,531 78,372 6,860 82,320 7,196 86,352 n11 Assistant Golf Professional 5,767 69,204 6,058 72,696 6,361 76,332 6,689 80,268 7,026 84,312 n10 Finance Analyst 1 5,628 67,536 5,916 70,992 6,211 74,532 6,531 78,372 6,860 82,320 n10 Payroll Technician 1 5,628 67,536 5,916 70,992 6,211 74,532 6,531 78,372 6,860 82,320 n09 5,495 65,940 5,767 69,204 6,058 72,696 6,361 76,332 6,689 80,268 n08 5,356 64,272 5,628 67,536 5,916 70,992 6,211 74,532 6,531 78,372 n07 5,227 62,724 5,495 65,940 5,767 69,204 6,058 72,696 6,361 76,332 n06 5,097 61,164 5,356 64,272 5,628 67,536 5,916 70,992 6,211 74,532 n05 4,974 59,688 5,227 62,724 5,495 65,940 5,767 69,204 6,058 72,696 n04 4,855 58,260 5,097 61,164 5,356 64,272 5,628 67,536 5,916 70,992 n03 4,741 56,892 4,974 59,688 5,227 62,724 5,495 65,940 5,767 69,204 n02 4,625 55,500 4,855 58,260 5,097 61,164 5,356 64,272 5,628 67,536 n01 Office Specialist 4,519 54,228 4,741 56,892 4,974 59,688 5,227 62,724 5,495 65,940 NON-UNION (CLERICAL, OTHER) AGENDA ITEM # 7. b) 3.5% Grade Position Title Monthly Annual Monthly Annual Wage Adjustment 2025 CITY OF RENTON SALARY TABLE NON-REPRESENTED Effective January 1, 2025 STEP A STEP B STEP C STEP D STEP E $7,249 Completion of 5 Yrs Completion of 10 Yrs Completion of 15 Yrs Completion of 20 Yrs Completion of 25 Yrs Completion of 30 Yrs (1) In addition to salary receives annual car allowance of $4800 or use of a city vehicle. Not eligible for longevity. (2) (3) Eligible for Longevity at the Non-Represented Longevity pay scale. Not eligible for Education or Uniform Allowance. (4)Eligible for Longevity at the Non-Represented Longevity pay scale and Education Premium. Not eligible for Uniform Allowance. Eligible for 3% cash premium or 3% into deferred compensation per employee's discretion for passing physical fitness. (5)Receive Education/Longevity & Uniform Allowance based on Union Contract. Eligible for 3% deferred compensation for passing physical fitness. Eligible for P2 paid job injury leave based on Union Contract. (6) 4 year term. Not eligible for longevity. (7) Council president to be paid $300/month above council members salary. for Management and Non-Represented employees; except for CAO receives 11% per year. 5% Step a14E $362 per month 6% Step a14E $435 per month 7% Step a14E $507 per month Council members salary set per Independent Salary Commission pursuant to Chapter 2-20 RMC. Council receives 2% of salary for deferred comp. If The city contributes 4% of employee's base wage per year to a deferred compensation account Step a14, E = 3% Step a14E $217 per month 4% Step a14E $290 per month 2% Step a14E $145 per month NON-REPRESENTED LONGEVITY PAY as of 1/1/2024 AGENDA ITEM # 7. b) Wage Adjustment 4.5% Grade Position Title Monthly Annual Monthly Annual a40 11,282 135,384 11,845 142,140 12,446 149,352 13,078 156,936 13,738 164,856 a39 11,026 132,312 11,573 138,876 12,141 145,692 12,758 153,096 13,404 160,848 a38 10,745 128,940 11,282 135,384 11,845 142,140 12,446 149,352 13,078 156,936 a37 Principal Civil Engineer 10,498 125,976 11,026 132,312 11,573 138,876 12,141 145,692 12,758 153,096 a36 10,232 122,784 10,745 128,940 11,282 135,384 11,845 142,140 12,446 149,352 a35 9,987 119,844 10,498 125,976 11,026 132,312 11,573 138,876 12,141 145,692 a34 9,743 116,916 10,232 122,784 10,745 128,940 11,282 135,384 11,845 142,140 a33 Civil Engineer 3 9,508 114,096 9,987 119,844 10,498 125,976 11,026 132,312 11,573 138,876 a32 9,278 111,336 9,743 116,916 10,232 122,784 10,745 128,940 11,282 135,384 a31 Assistant Airport Manager 9,044 108,528 9,508 114,096 9,987 119,844 10,498 125,976 11,026 132,312 a31 Principal Planner 9,044 108,528 9,508 114,096 9,987 119,844 10,498 125,976 11,026 132,312 a31 Structural Plans Examiner 9,044 108,528 9,508 114,096 9,987 119,844 10,498 125,976 11,026 132,312 a30 Client Technology Sys & Support Super. 8,828 105,936 9,278 111,336 9,743 116,916 10,232 122,784 10,745 128,940 a30 Civil Engineer 2 8,828 105,936 9,278 111,336 9,743 116,916 10,232 122,784 10,745 128,940 a29 Capital Project Coordinator 8,613 103,356 9,044 108,528 9,508 114,096 9,987 119,844 10,498 125,976 a29 ITS & Signal Maintenance Supervisor 8,613 103,356 9,044 108,528 9,508 114,096 9,987 119,844 10,498 125,976 a29 Program Development Coordinator 2 8,613 103,356 9,044 108,528 9,508 114,096 9,987 119,844 10,498 125,976 a29 Senior Systems Analyst 8,613 103,356 9,044 108,528 9,508 114,096 9,987 119,844 10,498 125,976 a28 Senior Network Systems Specialist 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916 10,232 122,784 a28 Senior Planner 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916 10,232 122,784 a28 Transportation Planner 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916 10,232 122,784 a28 Water Treatment Operations Supervisor 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916 10,232 122,784 a27 Senior Business Systems Analyst 8,197 98,364 8,613 103,356 9,044 108,528 9,508 114,096 9,987 119,844 a26 Civil Engineer 1 7,994 95,928 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916 a26 GIS Analyst 3 7,994 95,928 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916 a26 Lead Building Inspector 7,994 95,928 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916 a26 Lead Code Compliance Inspector 7,994 95,928 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916 a26 Lead Construction Engineering Inspector 7,994 95,928 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916 a26 Neighborhood Program Coordinator 7,994 95,928 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916 a26 Systems Analyst 7,994 95,928 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916 a26 Water Utility Maintenance Supervisor 7,994 95,928 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916 a25 Facilities Coordinator 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 9,508 114,096 a25 Lead Electrical/Ctrl Systems Technician 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 9,508 114,096 a25 Program Development Coordinator 1 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 9,508 114,096 a25 Senior Economic Development Specialist 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 9,508 114,096 a24 Network Systems Specialist 7,612 91,344 7,994 95,928 8,400 100,800 8,828 105,936 9,278 111,336 a23 Airport Ops & Maintenance Supervisor 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 a23 Building Plan Reviewer 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 a23 Business Systems Analyst 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 a23 Custodial Maintenance Supervisor 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 a23 Emergency Management Coordinator 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 a23 Engineering Specialist 3 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 a23 Facilities Supervisor 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 a23 GIS Analyst 2 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 2025 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 **In negotiations** STEP A STEP B STEP C STEP D STEP E AGENDA ITEM # 7. b) Wage Adjustment 4.5% Grade Position Title Monthly Annual Monthly Annual 2025 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 **In negotiations** STEP A STEP B STEP C STEP D STEP E a23 Housing Repair Coordinator 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 a23 Pavement Management Technician 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 a23 Plan Reviewer 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 a23 Property Services Specialist 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 a23 Signal & ITS Technician 3 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 a23 Street Maintenance Services Supervisor 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 a23 Waste Water Maint. Services Supervisor 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 a23 Water Maintenance Services Supervisor 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 a22 Senior Paralegal 7,249 86,988 7,612 91,344 7,994 95,928 8,400 100,800 8,828 105,936 a22 Utility Accounts Supervisor 7,249 86,988 7,612 91,344 7,994 95,928 8,400 100,800 8,828 105,936 a21 Associate Planner 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 a21 Building Inspector/Combination 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 a21 Building Inspector/Electrical 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 a21 Case Manager 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 a21 Code Compliance Inspector 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 a21 Communications Specialist 2 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 a21 Construction Engineering Inspector 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 a21 GIS Analyst 1 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 a21 Lead Vehicle & Equipment Mechanic 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 a21 Parks Maintenance Supervisor 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 a21 Traffic Signage & Marking Supervisor 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 a21 Water Meter Tech. Services Supervisor 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 a21 SCADA/Telemetry Technician 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 a20 Business Coordinator - Airport 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928 8,400 100,800 a20 Economic Development Specialist 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928 8,400 100,800 a20 Human Services Coordinator 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928 8,400 100,800 a20 Inspecting Arborist 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928 8,400 100,800 a20 Public Records Analyst 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928 8,400 100,800 a20 Senior Program Specialist a19 Client Technology Services Specialist 2 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 a19 Electrical Technician 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 a19 Engineering Specialist 2 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 a19 HVAC Systems Technician 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 a19 Signal & ITS Technician 2 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 a19 Water Treatment Plant Operator 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 a19 Water Utility Instr./SCADA Technician 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 a18 Development Services Representative 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928 a18 Farmers Market Coordinator 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928 a18 Lead Golf Course Maintenance Worker 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928 a18 Lead Maintenance Services Worker 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928 a18 Lead Parks Maintenance Worker 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928 a18 Recreation Program Coordinator 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928 a18 Senior Sustainability Specialist 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928 a18 Water Utility Maintenance Technician 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928 a17 Assistant Planner 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 a17 Digital Communications Specialist 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 a17 Lift Station Technician 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 a17 Maintenance Buyer 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 a17 Paralegal 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 a17 Public Records Specialist 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 a17 Senior Traffic Maintenance Worker 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 a17 Water Quality/Treatment Plant Operator 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 a16 Program Assistant 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 a16 Recreation Specialist 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 AGENDA ITEM # 7. b) Wage Adjustment 4.5% Grade Position Title Monthly Annual Monthly Annual 2025 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 **In negotiations** STEP A STEP B STEP C STEP D STEP E a16 Sustainability Specialist 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 a16 Vehicle & Equipment Mechanic 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 a15 Airport Operations Specialist 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 a15 City Clerk Specialist 2 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 a15 Client Technology Services Specialist 1 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 a15 Communications Specialist 1 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 a15 Court Operations Specialist 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 a15 Facilities Technician 2 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 a15 Grounds Equipment Mechanic 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 a15 Housing Maintenance Technician 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 a15 Planning Technician 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 a15 Signal & ITS Technician 1 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 a14 Asset Management Systems Technician 5,948 71,376 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988 a14 Golf Course Maintenance Worker 3 5,948 71,376 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988 a14 Maintenance Services Worker 3 5,948 71,376 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988 a14 Parks Maintenance Worker 3 5,948 71,376 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988 a14 Print & Mail Supervisor 5,948 71,376 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988 a14 Recreation Systems Technician 5,948 71,376 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988 a14 Traffic Maintenance Worker 2 5,948 71,376 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988 a13 Engineering Specialist 1 5,801 69,612 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 a13 Facilities Technician 1 5,801 69,612 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 a13 Permit Services Specialist 5,801 69,612 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 a13 Program Specialist 5,801 69,612 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 a12 Judicial Specialist 2 5,663 67,956 5,948 71,376 6,253 75,036 6,567 78,804 6,894 82,728 a11 Airport Maintenance Worker 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836 6,725 80,700 a11 City Clerk Specialist 1 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836 6,725 80,700 a11 Fleet Management Technician 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836 6,725 80,700 a11 IT Procurement & Contract Coordinator 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836 6,725 80,700 a11 Lead Maintenance Custodian 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836 6,725 80,700 a11 Water Meter System Specialist 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836 6,725 80,700 a10 Legal Assistant 5,388 64,656 5,663 67,956 5,948 71,376 6,253 75,036 6,567 78,804 a10 Golf Course Maintenance Worker 2 5,388 64,656 5,663 67,956 5,948 71,376 6,253 75,036 6,567 78,804 a10 Maintenance Services Worker 2 5,388 64,656 5,663 67,956 5,948 71,376 6,253 75,036 6,567 78,804 a10 Parks Maintenance Worker 2 5,388 64,656 5,663 67,956 5,948 71,376 6,253 75,036 6,567 78,804 a10 Traffic Maintenance Worker 1 5,388 64,656 5,663 67,956 5,948 71,376 6,253 75,036 6,567 78,804 a09 Accounting Assistant 4 5,256 63,072 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836 a09 Administrative Secretary 1 5,256 63,072 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836 a09 Golf Course Operations Assistant 5,256 63,072 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836 a09 Purchasing Assistant 5,256 63,072 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836 a09 Recreation Assistant 5,256 63,072 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836 a08 Court Security Officer 5,129 61,548 5,388 64,656 5,663 67,956 5,948 71,376 6,253 75,036 a08 Judicial Specialist 1 5,129 61,548 5,388 64,656 5,663 67,956 5,948 71,376 6,253 75,036 a07 Accounting Assistant 3 5,005 60,060 5,256 63,072 5,523 66,276 5,801 69,612 6,092 73,104 a07 Maintenance Custodian 5,005 60,060 5,256 63,072 5,523 66,276 5,801 69,612 6,092 73,104 a07 Secretary 2 5,005 60,060 5,256 63,072 5,523 66,276 5,801 69,612 6,092 73,104 a07 Water Meter Technician 5,005 60,060 5,256 63,072 5,523 66,276 5,801 69,612 6,092 73,104 a06 Golf Course Maintenance Worker 1 4,887 58,644 5,129 61,548 5,388 64,656 5,663 67,956 5,948 71,376 a06 Maintenance Services Worker 1 4,887 58,644 5,129 61,548 5,388 64,656 5,663 67,956 5,948 71,376 a06 Parks Maintenance Worker 1 4,887 58,644 5,129 61,548 5,388 64,656 5,663 67,956 5,948 71,376 a05 Accounting Assistant 2 4,765 57,180 5,005 60,060 5,256 63,072 5,523 66,276 5,801 69,612 AGENDA ITEM # 7. b) Wage Adjustment 4.5% Grade Position Title Monthly Annual Monthly Annual 2025 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 **In negotiations** STEP A STEP B STEP C STEP D STEP E a04 Pro Shop Assistant 4,651 55,812 4,887 58,644 5,129 61,548 5,388 64,656 5,663 67,956 a03 Accounting Assistant 1 4,537 54,444 4,765 57,180 5,005 60,060 5,256 63,072 5,523 66,276 a03 Golf Course Associate 4,537 54,444 4,765 57,180 5,005 60,060 5,256 63,072 5,523 66,276 a03 Parks Maintenance Assistant 4,537 54,444 4,765 57,180 5,005 60,060 5,256 63,072 5,523 66,276 a03 Print & Mail Assistant 4,537 54,444 4,765 57,180 5,005 60,060 5,256 63,072 5,523 66,276 a02 4,435 53,220 4,651 55,812 4,887 58,644 5,129 61,548 5,388 64,656 a01 Custodian 4,319 51,828 4,537 54,444 4,765 57,180 5,005 60,060 5,256 63,072 $7,249 Completion of 5 Yrs Completion of 10 Yrs Completion of 15 Yrs Completion of 20 Yrs Completion of 25 Yrs Completion of 30 Yrs - The city contributes 1% of employee's base wage per year to a VEBA account. (Article 12.3 of AFSCME CBA) - The city contributes 3% of employee's base wage per year to a deferred compensation account. (Article 14 of Agreement By and Between City of Renton and Local 2170, Washington State Council of County and City Employees, American Federation of State, County and Municipal Employees, AFL-CIO (January 1, 2022 – December 31, 2024) (AFSCME CBA)) 6% Step a14E $435 per month 7% Step a14E $507 per month per month LONGEVITY PAY Step a14, E = 2% Step a14E $145 per month 3% Step a14E $217 per month 4% Step a14E $290 per month 5% Step a14E $362 AGENDA ITEM # 7. b) POLICE DEPARTMENT - Commissioned Officers 4.0% Grade Monthly Annual Monthly Annual Police Chief See Management & Supervisory Matrix, Grade m49 Police Deputy Chief See Management & Supervisory Matrix, Grade m46 Police Commander See Management & Supervisory Matrix, Grade m42 pc61 Sergeant*11,858 142,299 12,807 153,684 (15% over Police Officer 2)*Step increase at 12 months pc60 8,357 100,288 9,016 108,192 9,661 115,938 10,313 123,755 pc59 7,866 94,398 8,485 101,821 9,093 109,114 9,705 116,466 Position Title Frozen Frozen Police Officer 2 (2189 Schedule) (6.25% over Police Officer 1) Police Officer 1 (Newly Hired 2080 Hours) 2025 CITY OF RENTON SALARY TABLE Effective January 1, 2025 STEP A STEP B STEP C STEP D STEP E Wage Adjustment AGENDA ITEM # 7. b) Percent Interpreters -------------------------------------------3% Detectives ------------------------------------------3% Traffic Assignment-------------------------------3% Motorcycle Assignment-- 2% Background Investigator- 3% Canine Officer ------------------------------------4% Corporal Assignment --------------------------7.5% Field Training Officer ---------------------------3% 8% when assigned student(s) Training Officer------------------------------------3% SWAT Assignment ---------------------------------4% SRO Assignment----------------------------------3% Civil Disturbance Paid at rate of double time with 3 hrs Unit -------------------------minimum when called to an emergency. Special Weapons and Tactics---------------------- Negotiator----------------------------------4% SET/DET----------------------------------3% VIIT---------------------------------------2%* VIIT Lead-------------------- 4%* Percentage (of base wage) Percentage (of base wage) - - - NOTE: Please refer to the current labor agreement for specific information. Completion of 10 Yrs 4% Completion of 15 Yrs 6% Completion of 20 Yrs 10% Completion of 25 Yrs 12% Completion of 30 Yrs 14% MONTHLY EDUCATIONAL INCENTIVE PAY (Appendix B) 4% The city contributes 3% of employee's wage base toward deferred compensation for passing physical fitness. (Article 6.8.4, and Appendix A.2.3 of Commissioned Guild CBA) Effective January 1, 2025, the city contributes 3% of employee's wage base to a VEBA plan. (Article 14.10 of Commissioned Guild CBA) HAZARD DUTY AND PREMIUM PAY (Article 6.7 and 6.8) MONTHLY LONGEVITY PAY (Appendix B) Years of Service Completion of 5 Yrs 2% minimum when called to an emergency. *In addition to a paid rate of time and one half with 3 hr minimum when called out. 6% The city contributes 1% of employee's wage base toward deferred compensation. (Appendix A.2.2 of Agreement By and Between City of Renton and Renton Police Guild Representing Commissioned Employees (January 1, 2024-December 31, 2026) (Commissioned Guild CBA)) Paid at rate of time and one half with a 3 hr BA Degree/Masters Degree AA Degree (90 credits) AGENDA ITEM # 7. b) POLICE DEPARTMENT - Non-Commissioned Employees 4.0% Grade Position Title Monthly Annual Monthly Annual pn70 7,376 88,512 7,974 95,688 8,762 105,144 9,628 115,536 10,135 121,620 pn69 7,195 86,340 7,778 93,336 8,548 102,576 9,394 112,728 9,887 118,644 pn68 7,020 84,240 7,590 91,080 8,340 100,080 9,164 109,968 9,647 115,764 pn67 Community Engagement Coord.6,849 82,188 7,405 88,860 8,137 97,644 8,940 107,280 9,411 112,932 pn66 6,681 80,172 7,224 86,688 7,937 95,244 8,722 104,664 9,180 110,160 pn65 6,518 78,216 7,047 84,564 7,745 92,940 8,510 102,120 8,958 107,496 pn64 Crime Analyst 6,498 77,976 7,021 84,252 7,713 92,556 8,315 99,780 8,731 104,772 pn63 6,205 74,460 6,708 80,496 7,369 88,428 8,100 97,200 8,526 102,312 pn62 Police Services Specialist Supervisor 8,556 102,672 (15% above Specialist, Step E) pn61 Electronic Home Detention Coord 6,048 72,576 6,526 78,312 7,186 86,232 7,901 94,812 8,294 99,528 pn60 6,130 73,560 6,624 79,488 7,276 87,312 7,844 94,128 8,237 98,844 pn59 Domestic Violence Victim Advocate 5,722 68,664 6,216 74,592 6,907 82,884 7,594 91,128 7,996 95,952 pn58 Evidence Technician 5,770 69,240 6,228 74,736 6,854 82,248 7,539 90,468 7,928 95,136 pn57 Police Services Specialist Lead 7,998 95,976 (7.5% above Specialist, Step E) pn56 Animal Control Officer 5,441 65,292 5,883 70,596 6,469 77,628 7,114 85,368 7,471 89,652 pn54 Police Services Specialist 5,419 65,028 5,854 70,248 6,444 77,328 7,088 85,056 7,440 89,280 pn53 Police Administrative Specialist 4,851 58,212 5,245 62,940 5,766 69,192 6,343 76,116 6,655 79,860 pn52 Parking Enforcement Officer 4,700 56,400 5,072 60,864 5,587 67,044 6,146 73,752 6,449 77,388 Interpreter Premium…………...……………………..…………….................….....……….…………….3% of base pay (Article 6.5.2) 4% of base pay (Article 6.5.3) 4% of base pay (Article 6.5.1) Double time with 3 hrs min (Article 6.4) NON- COMMISSIONED PREMIUM PAY (Articles 6.4 and 6.5) Public Records Act Premium……..…………………………………...............………………………… Field Training Officer, FTO (Police Service Specialist)…...............…………........… Crisis Communication Unit………..........…………………………..............…………..…...……… 2025 CITY OF RENTON SALARY TABLE Effective January 1, 2025 STEP A STEP B STEP C STEP D STEP E Wage Adjustment AGENDA ITEM # 7. b) POLICE DEPARTMENT - Non-Commissioned Employees 4.0% 2025 CITY OF RENTON SALARY TABLE Effective January 1, 2025 Wage Adjustment Completion of 25 Yrs 12% Completion of 30 Yrs 14% MONTHLY EDUCATIONAL INCENTIVE PAY SCHEDULE (Appendix B.2) Percentage (of base wage) AA Degree (90 credits)4% BA/BS Degree or Masters Degree 6% - The city contributes 3.5% of the employee's base wage to a deferred comp account. (Appendix A.3 of Non-Commissioned Guild CBA) - The city contributes an additional 3% of employee's wage base toward deferred comp for passing physical fitness. (Article 6.8 of Non-Commissioned Guild CBA) - The city contributes 2% of the employee's base wage to a VEBA plan. (Article 14.10 of Agreement By and Between City of Renton and Non-Commissioned Employees of the Renton Police Guild (2024-2026) (Non-Commissioned Guild CBA)) Completion of 10 Yrs 4% Completion of 15 Yrs 6% Completion of 20 Yrs 10% Completion of 5 Yrs 2% POLICE NON-COMMISSIONED- MONTHLY LONGEVITY INCENTIVE PAY SCHEDULE (Article 12, Appendix B.1) Years of Service Percentage (of base wage) AGENDA ITEM # 7. b) Grade h50 20.90 h51 21.00 h52 22.00 h53 23.00 h54 24.00 h55 25.00 h56 26.00 h57 27.00 h58 28.00 h59 29.00 h60 30.00 h61 31.00 h62 32.00 h63 33.00 h64 34.00 h65 35.00 h66 40.00 h67 45.00 h68 50.00 h69 55.00 h70 60.00 h71 65.00 h72 70.00 h73 75.00 h74 80.00 h75 85.00 h76 90.00 h77 95.00 h78 100.00 2025 CITY OF RENTON SUPPLEMENTAL EMPLOYEE WAGE TABLE AGENDA ITEM # 7. b)