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Home My WebLink AboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, May 19, 2025 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. PROCLAMATIONS a) National Public Works Week - May 18 - 24, 2024 b) Safe Boating and Paddling Week - May 17 - 23, 2025 4. ADMINISTRATIVE REPORT a) Administrative Report 5. AUDIENCE COMMENTS  All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow-up.  Speakers must sign-up prior to the Council meeting.  Each speaker is allowed three minutes.  When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for 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. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of May 12, 2025 Council Concur b) AB - 3833 Mayor Pavone recommends confirmation of his reappointments of Shannon Matson and Jeffrey Kelly to the Planning Commission with terms expiring June 30, 2028. Council Concur c) AB - 3838 Community & Economic Development Department reports bid opening on May 6, 2025 for CAG-25-044, World Cup Legacy Square Phase 1 project, and recommends awarding the contract to the lowest responsive and responsible bidder, Active Construction, Inc., in the amount of $1,501,501. Council Concur d) AB - 3837 Human Resources / Risk Management Department recommends adoption of a resolution updating Council Policy 800-12, Contracting Authority, to reflect administrative changes in risk management practices. Refer to Finance Committee e) AB - 3827 Public Works Facilities Division requests authorization to hire a Public Works Facilities Maintenance Custodian Supervisor at pay grade a23, step E and increase the division's budget by $7,482 to absorb the increase in 2026. Refer to Finance Committee f) AB - 3841 Public Works Maintenance Services requests authorization to purchase an Elgin Crosswind M-2 Sweeper, in the amount of $451,686.69 using Sourcewell contract #093021, to replace a 2015 Elgin Crosswind Sweeper used by the Maintenance Division for removing sand and debris from city streets and repair sites. Council Concur g) AB - 3834 Public Works Transportation Systems Division recommends adoption of a resolution authorizing the intermittent closures of Burnett Ave S and Smithers Ave S, for up to three weeks beginning June 3, 2025 over a six-week period, for the installation of a sidewalk and two-way cycle track as part of the S 7th St Corridor Improvements project. Refer to Transportation (Aviation) Committee h) AB - 3835 Public Works Transportation Systems Division recommends adoption of a resolution authorizing the temporary full closure of NE 44th St between N 43rd St and I- 405 between June 6, 2025 and June 9, 2025, for the purpose of lowering NE 44th St to final elevation west of I-405. Refer to Transportation (Aviation) Committee i) AB - 3826 Public Works Transportation Systems Division recommends execution of Supplement No. 3 to CAG-22-164, contractor Perteet, Inc., in the amount of $1,454,268.03 for continued construction management services for the Rainier Ave S Corridor Improvement - Phase 4 project; and approve additional appropriations in the amount of $1,454,286.03. Refer to Finance Committee j) AB - 3821 Public Works Utility Systems Division recommends execution of the Recreation and Conservation Grant with Washington State Department of Fish and Wildlife to accept $412,500 in grant funds, with a $137,500 City match, for a total of $550,000 for the Panther Creek at Talbot Road S. Culvert Replacement project. Refer to Finance Committee k) AB - 3832 Public Works Utility Systems Division reports bid opening on May 1, 2025 for the Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026, and recommends awarding the contract to the lowest responsive and responsible bidder, OMA Construction, Inc., in the amount of $432,155.40. Council Concur 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Transportation Committee: 1) Cooperative Service Agreement with the U.S. Department of Agriculture and the Animal and Plant Health Inspection Service Wildlife Service for Wildlife Hazard Mitigation at the Airport 8. LEGISLATION Ordinance for second and final reading: a) Ordinance No. 6159: Rezone of 101 SW 41ST ST; King County Parcel No. 3926800040 from CO to CA (First Reading 5/12/2025) 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 6:00 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 Armondo Pavone II Mayor PROCLAMATION WHEREAS,public works professionals focus on infrastructure,facilities,and services that are of vitaL importance to sustainabLe and resiLient communities and to pubtic health,high quality of tife,and wett-being of the people of Renton;and \WHEREAS,infrastructure,facilities,and services could not be provided without the dedicated efforts of pubLic works professionals —the engineers,managers,and employees at alt tevels of government and the private sector responsibLe for rebuilding,improving,and protecting our nation’s transportation,water suppLy,water treatment and sotid waste systems,pubtic buildings,and other structures and facilities essential for our citizens;and, WHEREAS,this year’s theme,“People,Purpose,and Presence,”sponsored by the American Public Works Association,emphasizes how meeting the needs of people is what gives public works its sense of purpose;and WHEREAS,public works staff serve as first responders,providing regular waste pickup,or making roads and sidewalks passable after a winter weather event,public works is always there when people need them;and NOW THEREFORE,I,Armondo Pavone,Mayor of the City of Renton,do hereby proctaim May 18—May 24,2025,to be National Public Works Week in the City of Renton,and I encourage all residents to recognize the contributions public works professionats make every day to protect our heatth,safety,comfort,and quality of Life. IN WITNESS THEREOF,I have hereunto set my hand and caused the seat of the City of Renton to be affixed this 79th day of May 2025. ArndoPavone City of Renton,Washington 1055 S Grady Way,Renton,WA 98057 II rentonwa.gov AGENDA ITEM #3. a) Armondo Pavone H Mayor WHEREAS,the City of Renton is bounded by the Lake Washington shoreline and encompasses numerous waterways;and WHEREAS,many Renton residents of all ages engage in recreational boating and paddting;and WHEREAS,with the surge of Americans engaging in paddling activities since 2020,many without any training,paddting fatatities now constitute more than 25%of all boating fatalities nationwide;and WHEREAS,the vast majority of serious boating and paddling accidents are caused by lack of training, human error,or poor judgment;and WHEREAS,a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets;and WHEREAS,the mission of United States Coast Guard Auxiliary Renton Flotilla,130-02-05,is to promote and improve recreational boating safety by teaching boating safety courses and conducting vessel safety checks;and NOW THEREFORE,I,Armondo Pavone,Mayor of the City of Renton,do hereby proctaim May 17-23,2025 to be Safe Boating and Paddling Week in the City of Renton,and I encourage atl residents to join me in this special observance. IN WITNESS THEREOF,I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 19th day of May 2025. PROCLAMATION MayorArmondo Pavone City of Renton,Washington 1055 S Grady Way,Renton,WA 98057 H rentonwa.gov AGENDA ITEM #3. b) Mayor’s Office Memorandum DATE: May 15, 2025 TO: James Alberson, Jr., Council President Members of the Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • Kids ages 6-12 can enjoy Kids Night Out, Friday, May 23 from 4-8 p.m. at the Highlands Neighborhood Center. Enjoy an evening of arts and crafts, gym games, and a pizza party. Cost for residents is $15; non-residents $19. To register and secure your spot visit rentonwa.gov/register. • Get outdoors. Join the Kids in Parks TRACK Trail program at Cedar River Trail Park, 1060 Nishiwaki Lane. Learn about animals, trees, salmon, and more. Free self- guided educational brochures available for kid-friendly nature walks on the Cedar River Trail. Best of all, earn free prizes by tracking your adventures on kidsinparks.com. • Remember and honor our Veterans at the Memorial Day Ceremony, Monday, May 26 at 1 p.m. at Veteran’s Memorial Park, 1000 South Third Street. Parking is available at the 200 Mill Building • Save the date! The Renton Farmers Market opens Tuesday, June 3 at 3 p.m. in its new location at South 2nd Street and Williams Avenue South. Enjoy fresh, seasonal produce, flowers, snacks, and more. The Market runs weekly until September 30. • 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, May 19 through Friday, May 23, 8:00am-3:00pm. Intermittent lane closure on Burnett Ave S from the Cedar River to S 2nd Street for construction work. Approved traffic control plans were issued and will be followed. Questions may be directed to Rob Blackburn, 206-379-1489.  Monday, May 19 through Friday, May 23, 8:00am-3:00pm. Intermittent lane closure on Rainier Ave N between S 3rd St and NW 3rd Pl 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. AGENDA ITEM #4. a) James Alberson, Jr., Council President Members of the Renton City Council Page 2 of 2 May 15, 2025  Monday, May 19 through Friday, May 23, 8:00am-3:00pm. Shifting lane closures both east and west on NE Sunset Blvd between Redmond Pl NE to 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, May 19 through Friday, May 23, 8:00am-3:00pm. Intermittent lane closure on Williams Ave S from the Cedar River to S 2nd Street for construction work. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Rob Blackburn, 206-379-1489.  On-going Street Closure January 21 through May 22, 2025 (City of Renton Resolution No. 4545). FULL STREET CLOSURE on Houser Way N between Lake Washington Blvd N and Lowe’s Business Access Road in support of WSDOT I-405 Renton to Bellevue Widening and Express Toll Lane project. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Justin Johnson, 425-902-7102. AGENDA ITEM #4. a) May 12, 2025 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, May 12, 2025 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: James Alberson, Jr., Council President Carmen Rivera, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ryan McIrvin, Council Position No. 4 Ed Prince, Council Position No. 5 Ruth Pérez, Council Position No. 6 Kim-Khánh Vǎn, Council Position No. 7 Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Cheryl Byer, Senior Assistant City Attorney Jason Seth, City Clerk Brianne Bannwarth, Development Engineering Director Eric Perry, Government Affairs Manager Commander Chandler Swain, Police Department Attended Remotely: Kimberly Register, Chief of Staff - temp Kristi Rowland, Deputy CAO Martin Pastucha, Public Works Administrator Kari Roller, Finance Administrator Maryjane Van Cleave, Parks & Recreation Administrator Ron Straka, Public Works Utility Systems Director AGENDA ITEM #6. a) May 12, 2025 REGULAR COUNCIL MEETING MINUTES PROCLAMATION Asian American, Native Hawaiian and Pacific Islander Heritage Month - May 2025: A proclamation by Mayor Pavone was read declaring May 2025 as Asian American, Native Hawaiian and Pacific Islander Heritage Month in the City of Renton and encouraging all residents to join in this special observance. Angela Mose, Renton restaurant owner of Salmon Says and new a restaurant, Pasifika Grill and Bar in Bellevue, accepted the proclamation with appreciation. MOVED BY VǍN, SECONDED BY MCIRVIN, COUNCIL CONCUR TO ADOPT THE PROCLAMATION. CARRIED. SPECIAL PRESENTATION Councilmember McIrvin - Association of Washington Cities Advanced Certificate of Municipal Leadership: Auburn Mayor Nancy Backus and Councilmember Ed Prince presented the Association of Washington Cities Advanced Certificate of Municipal Leadership to Councilmember McIrvin. ADMINISTRATIVE REPORT CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2025 and beyond. Items noted were: • The Equity Commission will resume its regular meetings Tuesday, May 13 at 5:30 p.m. in the Renton City Hall Council Chambers. The meeting agenda includes election of new officers and discussion about the Commission’s 2025 work plan. • The Parks and Recreation Department is teaming up with Cascade Cycling Club to promote cycling as a sustainable and healthy transportation option. Stop by the Celebration Station on Bike Everywhere Day, Wednesday, May 14 between 6-10 a.m. on the Cedar River Trail at Logan Avenue North. Look for the pop-up tent will be located at the south end of the Renton Memorial Stadium parking lot. • The 10th Annual Renton Career Fair will be held Wednesday, May 14 and Thursday, May 15 from 3-6 p.m. at Renton Technical College (3000 NE 4th Street; Renton). Wednesday will feature all industries except healthcare and Thursday’s event will focus only on careers in the healthcare field. For more information and to register visit www.rentonwa.gov/Events-Meetings/All-City-Events-Meetings-Calendar/Tenth- Annual-Renton-Career-Fair. • The Renton Police Department Animal Control team is partnering with Eastside Veterinary Associates to host the second pet adoption event Saturday, May 17 from 1-4 p.m. at Eastside Veterinary Associates (1700 NE 44th Street). All pets are fully vaccinated, spayed/neutered, and microchipped. Adoption fees will be 50% off ($50 for dogs and $25 for cats). Visit https://www.24petconnect.com and enter your zip code and shelter Renton Police Department to view some of the pets available for adoption. • Visit the first Safety Fest sponsored by the Parks and Recreation Department, Saturday, May 17 between 11 a.m.-2 p.m. at the Renton Community Center (1715 Maple Valley Hwy). Talk with experts, see safety demonstrations, a bike rodeo, and AGENDA ITEM #6. a) May 12, 2025 REGULAR COUNCIL MEETING MINUTES enjoy food trucks. The event will offer giveaways like bike helmets, life jackets, first aid kits, and more. • Help us get ready for the 2025 River Days event. We are now accepting applications for food and bazaar vendors, parade participants, and the chalk art competition. Visit rentonwa.gov/riverdays to submit your application now. • Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS • Angie Laulainen, Renton, read excerpts from the city's Comprehensive Plan and urged Council to pause the Renton High School expansion project. • Shelha Mustin, Renton, asked for a meeting with the Mayor and Police Chief. • Sheryl Friesz, Renton, spoke about a new state law that allows residents to re- purchase homes taken by eminent domain if they are not used for public use. She also noted that businesses located around the vacant building on Park Ave N have hired security teams to protect their properties. • Tristan Kochen, Renton, stated that he formed a new group called "Safe Streets Renton" that will advocate for safer bicycle and pedestrian paths in Renton. • Art Jenkins, Renton, shared his experiences dealing with a nuisance neighbor that has caused several thousands of dollars’ worth of damage to his condo unit. He urged Council to help him deal with this situation. • Gabriel Jones, Renton, noted that he now walks or bikes everywhere in Renton and urged Council to do more to protect bicyclists and pedestrians. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of May 5, 2025. Council Concur. b) AB - 3820 Public Works Airport recommended execution of a five-year Cooperative Service Agreement with the United States Department of Agriculture and Animal and Plant Health Inspection Service Wildlife Service, in the total amount of $260,166.72, for wildlife hazard mitigation services at the Airport. Refer to Transportation (Aviation) Committee. c) AB - 3828 Public Works Maintenance Services recommended authorizing the purchase of one Kenworth T880 Single Axle Plow Dump Truck, from Pape Kenworth Northwest, using State of Washington Contract #03920, in the amount of $247,285.85. The funds to cover this purchase are included in the 2025/2026 biennial budget. Council Concur. d) AB - 3829 Public Works Transportation Systems Division reported bid opening on April 3, 2025, for CAG-25-003, Cedar Ave Sidewalk project, and recommended awarding the contract to the lowest responsive and responsible bidder Westwater Construction Co. in the amount of $299.995. Council Concur. AGENDA ITEM #6. a) May 12, 2025 REGULAR COUNCIL MEETING MINUTES e) AB - 3819 Public Works Utility Systems Division reported bid opening on April 15, 2025, for CAG-25-075, NE 12th St AC Water Main and Stormwater Replacement project, and recommended awarding the contract to the lowest responsive and responsible bidder, Raudenbush Earthworks, LLC, in the amount of $2,071,559.32. Council Concur. MOVED BY ALBERSON, SECONDED BY PÉREZ, COUNCIL ADOPT THE CONSENT AGENDA AS PUBLISHED CARRIED. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee: Chair Pérez presented a report recommending approval of the following payments: 1. Accounts Payable - total payment of $7,405,334.01 for vouchers 10979-10984, 424270- 424281, 424291-424456; payroll benefit withholding vouchers 7671-7681, 424282- 424290 and 1 wire transfer. 2. Payroll - total payment of $2,041,263.87 for payroll vouchers that include 676 direct deposits and 12 checks. (4/02/2025-04/15/2025 pay period.) 3. Kidder Mathews vouchers 1897-1917 totaling $42,080.44. MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff recommendation to authorize the Mayor and City Clerk to execute the agreement with Pacific Security in the amount not to exceed $275,000.00 for security services for the Renton Downtown Parking Garage Security Services agreement, and to authorize the appropriation of $20,000 from the fund balance. MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Planning and Development Committee: Chair Prince presented a report recommending concurrence in the staff recommendation to approve the rezone of 101 SW 41 St Street, Renton, WA 98057 from Commercial Office (CO) to Commercial Arterial (CA). The Hearing Examiner held a public hearing on March 18, 2025, to consider the matter and issued a recommendation to approve the rezone, File No. LUA24-000281, on April 9, 2025. The City Council has final reviewing authority over Type IV land use permits (RMC 4-8-080G). This site-specific rezone is not associated with a Comprehensive Plan amendment. The Committee further recommends that the ordinance regarding this matter be presented for first reading. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Ordinance for first reading: a) Ordinance No. 6159: An Ordinance of the City of Renton, Washington, amending the City’s zoning map of a certain property within the City of Renton (101 SW 41st St; King County AGENDA ITEM #6. a) May 12, 2025 REGULAR COUNCIL MEETING MINUTES Parcel No. 3926800040) from Commercial Office (CO) to Commercial Arterial (CA), authorizing corrections, providing for severability, and establishing an effective date. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) MOVED BY ALBERSON, SECONDED BY PRINCE, COUNCIL AUTHORIZE THE MAYOR TO FILE COUNTER CLAIMS TO COURT CASE 252087239. CARRIED. AYES: ALBERSON, PRINCE, MCIRVIN, O’HALLORAN NAYS: RIVERA ABSTAINED: PÉREZ, VǍN ADJOURNMENT MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL ADJOURN. CARRIED. TIME: 7:40 PM Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 12 May 2025 AGENDA ITEM #6. a) Council Committee Meeting Calendar May 12, 2025 May 19, 2025 Monday 3:00 p.m. Utilities Committee, Chair Văn – Canceled 4:00 p.m. Public Safety Committee, Chair Rivera Location: Council Conference Room/Videoconference 1. Renton Regional Fire Authority Update 2. Emerging Issues a. Pedestrian Safety Update b. Cedar River Encampment Update c. 5th and Park Update 5:00 p.m. Transportation Committee, Chair McIrvin Location: Council Conference Room/Videoconference 1. Cooperative Service Agreement with the U.S. Department of Agriculture and the Animal and Plant Health Inspection Service Wildlife Service for Wildlife Hazard Mitigation at the Airport 2. Emerging Issues 6:00 p.m. Committee of the Whole, Chair Alberson Location: Conferencing Center 1. Equity Commission Update 7:00 p.m. Council Meeting Location: Council Chambers/Videoconference AGENDA ITEM #6. a) AB - 3833 City Council Regular Meeting - 19 May 2025 SUBJECT/TITLE: Reappointments to the Planning Commission RECOMMENDED ACTION: Council Concur DEPARTMENT: Mayor Pavone STAFF CONTACT: Linda Moschetti-Newing, Executive Assistant EXT.: 6520 FISCAL IMPACT SUMMARY: Reappointments to the Planning Commission have no fiscal impact. SUMMARY OF ACTION: Mayor Pavone is recommending reappointment of Shannon Matson and Jeffrey Kelly to the Planning Commission with terms expiring June 30, 2028. Commissioner Matson was initially appointed December 2018, and is interested in continuing her work on the Planning Commission. During her seven-year tenure, she and has demonstrated an understanding and commitment to the City's mission statement and Business Plan goals. She served as the Commission's Chair in 2021, and her contributions have been vital in navigating the Commission's intense work plan. Commissioner Kelly was appointed to the Commission in March 2022. He served as the Commission's Secretary in 2023 and as Vice Chair in 2024. Commissioner Kelly is currently serving as Commission Chair. During his three-year tenure on the Commission, he has shown his ability to analyze detailed information and balance the competing objectives presented to the Commission. He has shared his strong desire to continue his work on the Planning Commission. EXHIBITS: A. Recommendation Memo STAFF RECOMMENDATION: I recommend reappointment of Shannon Matson and Jeffrey Kelly to the Planning Commission with terms expiring June 30, 2028. AGENDA ITEM #6. b) https://cityofrentonwa.sharepoint.com/sites/ced/shared documents/general/planning/long range planning/planning commission/appointments/2025/kelly and matson reappointment 2025.doc DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: May 6, 2025 TO: Armondo Pavone, Mayor FROM: Gina Estep, CED Administrator SUBJECT: Reappointment of Shannon Matson and Jeffrey Kelly to the Planning Commission We have two current Planning Commissioners whose terms will expire this June 30, 2025. Shannon Matson was appointed to the Planning Commission in December 2018 and then re-appointed in February 2023. Commissioner Matson has served in a leadership position in 2021 as the Commission’s Chair. Jeffrey Kelly was appointed to the Planning Commission in March 2022 and then re- appointed in February 2023. Commissioner Kelly has served as the Commission’s Secretary in 2023, then in a leadership position as the Commission’s Vice Chair in 2024. Currently, he is serving as the Commission’s Chair. Over the years, Commissioners Shannon Matson and Jeffrey Kelly both have demonstrated an understanding and commitment to the City’s mission statement and Business Plan goals. They have also shown the ability to analyze detailed information and are able to balance the sometimes competing objectives presented to the Commission. I recommend that Shannon Matson and Jeffrey Kelly be reappointed to a new three- year term, expiring on June 30, 2028. AGENDA ITEM #6. b) AB - 3838 City Council Regular Meeting - 19 May 2025 SUBJECT/TITLE: Bid Award – Award of Contract CAG-25-044 for the World Cup Legacy Square Phase 1 (TED-40-4345 / TRO-41-4345 / WTR-27-4345 / WWP- 27-4345) RECOMMENDED ACTION: Council Concur DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Emma Conley, Civil Engineer 3 EXT.: 425-757-6807 FISCAL IMPACT SUMMARY: The low bid submitted by Active Construction, Inc., in the amount of $1,501,501.00 is over the engineer’s estimate of $1,061,058.43 by $440,442.57 (42%). The project is funded through the Municipal Facilities Capital Improvement Fund (316 Fund), and sufficient funds are available within the project’s capital improvement budget of $1,900,000.00 (316.332097.020.594.76.63.000) to cover Phase 1 construction costs. SUMMARY OF ACTION: The City of Renton Community and Economic Development department solicited bids from contractors interested in constructing park improvements and related site work area at 310 S 3rd St, near the intersection of S 3rd St and Logan Ave S. The project will include earthwork, utility installations, asphalt paving, lighting, park signage, concrete flatwork, site furnishings, landscape planting, and irrigation improvements. The project aims to provide a public space to support viewing future sporting events (more specifically the 2026 FIFA World Cup), as well as other various community events throughout the year. Bids for the construction of this project were received and opened on Tuesday, May 6, 2025. A total of five (5) bids were submitted and the bid amounts are summarized below in ascending order: Bid submitted by Bid amount Engineer’s Estimate $1,061,058.43 Active Construction, Inc. $1,501,501.00 L.W. Sundstrom, Inc. $1,758,250.00 Northwest Cascade, Inc. $1,852,848.00 A-1 Landscaping and Construction, Inc. $1,998,000.00 Ohno-Touchdown JV $2,850,000.00 City policy 250-02 allows for the bid award to be placed on the Council consent agenda with Council concur as the recommended action, if all the following 3 criteria are met: 1. More than one bid was received, 2. The lowest responsive and responsible bid was within the project budget, and 3. There were no significant irregularities with the lowest responsive and responsible bid. The bids submitted for the project, including the bid by Active Construction, Inc., meets all three criteria in policy 250-02. AGENDA ITEM #6. c) Community and Economic Development staff reviewed the submitted bid and determined that the bid is responsive, and that Active Construction, Inc. is a responsible bidder as defined in RCW 39.04.350, in Renton City policy 250-02 and in section 00 21 00-1.11 of the project specifications. The surety has confirmed with staff that the bid bond submitted by Active Construction, Inc. is valid. We have checked the bidder's provided references and determined that they have the required experience and expertise to perform the project. Active Construction, Inc. has successfully completed similar projects including previous projects with the City of Renton. Enclosed is the engineer's final bid tabulation, and the completed bidder assessment form. EXHIBITS: A. CAG-25-044 - City Clerk - Bid Tab B. CAG-25-044-Bidder Assessment STAFF RECOMMENDATION: Award contract CAG-25-044 for the construction of the World Cup Legacy Square Phase 1 project to Active Construction, Inc.and authorize the mayor and city clerk to execute this contract in the amount of $1,501,501.00. AGENDA ITEM #6. c) AGENDA ITEM #6. c) AGENDA ITEM #6. c) Item Description Determination 1.A Proposal will be considered irregular and will be rejected if:Criteria Met (Per Below) 1.a.The Bidder is not prequalified when so required;N/A 1.b.The authorized Proposal form furnished by the Contracting Agency is not used or is altered;No 1.c.The complete Proposal form contains any unauthorized additions, deletions, alternate bids, or conditions;No 1.d.The Bidder adds provisions reserving the right to reject or accept the award, or enter into the Contract;No 1.e.A unit price (price per unit) cannot be determined from the Bid Proposal; N/A 1.f.The Proposal form is not properly executed; No 1.g.The Bidder fails to submit with their proposal, an original Bid Proposal Deposit in an amount equal to five percent (5%) of the Total Bid Amount, as required in Section 00 21 00 1.3;No 1.h.The Bidder elects to provide a Proposal Bid Bond for the Bid Proposal Deposit and does not submit or properly execute the Proposal Bid Bond form included in the Bid Documents, as required in Section 00 21 00 1.3;No 1.i.The Bidder fails to submit or properly complete a subcontractor list (Form C and Form D), if applicable, as required in Section 00 80 00; No 1.j.The Bidder fails to submit or properly complete a Disadvantaged Business Enterprise Certification (WSDOT Form 272-056), if applicable, as required in Section 1-02.6; N/A 1.k. The Bidder fails to submit Written Confirmations (WSDOT Form 422-031) from each DBE firm listed on the Bidder’s completed DBE Utilization Certification that they are in agreement with the bidder’s DBE participation commitment, if applicable, as required in Section 1-02.6, or if the written confirmation that is submitted fails to meet the requirements of the Special Provisions; N/A 1.l. The Bidder fails to submit DBE Good Faith Effort documentation, if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to demonstrate that a Good Faith Effort to meet the Condition of Award was made; N/A 1.m. The Bidder fails to submit a DBE Bid Item Breakdown (WSDOT Form 272-054), if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to meet the requirements of the Special Provisions; N/A 1.n. The Bidder fails to submit DBE Trucking Credit Forms (WSDOT Form 272-058), if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to meet the requirements of the Special Provisions; N/A 1.o. The Bidder fails to submit or properly execute the Contractor Certification, Wage Law Compliance – Responsibility Criteria, Washington State Public Works Contractors document, as required in Section 00 73 00 1.2 No 1.p.The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation; or No 1.q.More than one Proposal is submitted for the same project from a Bidder under the same or different names. No 2.A Proposal may be considered irregular and may be rejected if:Criteria Met (Per Below) 2.a.The Proposal does not include a unit price for every Bid item.N/A 2.b.Any of the unit prices are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential detriment of the Contracting Agency;No 2.c.Receipt of Addenda is not acknowledged; No 2.d.A member of a joint venture or partnership and the joint venture or partnership submit Proposals for the same project (in such an instance, both Bids may be rejected); or No 2.e.If Proposal form entries are not made in ink. No Bidder Assessment CAG-25-044 Bid Opening: May 06, 2025 Bidder: Active Construction, Inc. World Cup Legacy Square Phase 1 L&I Doing Business As (DBA): ACTIVE CONSTRUCTION INC Special Provisions Section 00 21 00 WA UBI No.: 273001533 License No.: ACTIVCI164JL Entity Type: Profit Corporation CAG-24-098 Bidder Assessment (May 2024)Page 1 of 3 AGENDA ITEM #6. c) Item Description Determination 3 A Proposal will be considered irregular and may be rejected if:Criteria Met (Per Below) 3.a.The Bidder fails to submit with their Bid Proposal, evidence of the signatory's authority to sign the Bid Proposal on behalf of the business entity, as required in Section 00 21 00 1.2 No Item Description Determination Criteria Met (Per Below) (1)Before award of a public works contract, a bidder must meet the following responsibility criteria to be considered a responsible bidder and qualified to be awarded a public works project. The bidder must: Criteria Met (Per Below) Yes L&I Acct ID: 5200,933-00 Current (1)(b)Have a current state unified business identifier number;WA UBI: 273 001 533 If applicable, have industrial insurance coverage for the bidder's employees working in Washington as required in Title 51 RCW;Yes an employment security department number as required in Title 50 RCW;Yes, 596637-00 0 and a state excise tax registration number as required in Title 82 RCW;Yes, C 273 001 533 2 (1)(d)Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3);No (1)(e) If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation; N/A (1)(f) Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW. The bidder must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. The department, in consultation with the prevailing wage advisory committee, must determine the length of the training. Bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more years are exempt from this subsection. The department of labor and industries must keep records of entities that have satisfied the training requirement or are exempt and make the records available on its web site. Responsible parties may rely on the records made available by the department regarding satisfaction of the training requirement or exemption; and Satisfied (1)(g) Within the three-year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW. No (2) Before award of a public works contract, a bidder shall submit to the contracting agency a signed statement in accordance with chapter 5.50 RCW verifying under penalty of perjury that the bidder is in compliance with the responsible bidder criteria requirement of subsection (1)(g) of this section. A contracting agency may award a contract in reasonable reliance upon such a sworn statement. Submitted (3) In addition to the bidder responsibility criteria in subsection (1) of this section, the state or municipality may adopt relevant supplemental criteria for determining bidder responsibility applicable to a particular project which the bidder must meet. N/A (3)(a) Supplemental criteria for determining bidder responsibility, including the basis for evaluation and the deadline for appealing a determination that a bidder is not responsible, must be provided in the invitation to bid or bidding documents. N/A RCW 39.04.350(1) - Section 00 21 00 Section 1.11 in Project Manual Confirm items shown in [red] (1)(c) At the time of bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW; <Dept. of Labor and Industries>(1)(a) City Special Provisions 1-02.14 Disqualification of Bidder A Bidder will be deemed not responsible and the proposal rejected if the bidder does not meet the responsibility criteria in RCW 39.04.350(1), as amended. CAG-24-098 Bidder Assessment (May 2024)Page 2 of 3 AGENDA ITEM #6. c) Item Description Determination (3)(b) In a timely manner before the bid submittal deadline, a potential bidder may request that the state or municipality modify the supplemental criteria. The state or municipality must evaluate the information submitted by the potential bidder and respond before the bid submittal deadline. If the evaluation results in a change of the criteria, the state or municipality must issue an addendum to the bidding documents identifying the new criteria. N/A (3)(c) If the bidder fails to supply information requested concerning responsibility within the time and manner specified in the bid documents, the state or municipality may base its determination of responsibility upon any available information related to the supplemental criteria or may find the bidder not responsible. Submitted (3)(d) If the state or municipality determines a bidder to be not responsible, the state or municipality must provide, in writing, the reasons for the determination. The bidder may appeal the determination within the time period specified in the bidding documents by presenting additional information to the state or municipality. The state or municipality must consider the additional information before issuing its final determination. If the final determination affirms that the bidder is not responsible, the state or municipality may not execute a contract with any other bidder until two business days after the bidder determined to be not responsible has received the final determination. N/A (3)(e) If the bidder has a history of receiving monetary penalties for not achieving the apprentice utilization requirements pursuant to RCW 39.04.320, or is habitual in utilizing the good faith effort exception process, the bidder must submit an apprenticeship utilization plan within ten business days immediately following the notice to proceed date. N/A (4) The capital projects advisory review board created in RCW 39.10.220 shall develop suggested guidelines to assist the state and municipalities in developing supplemental bidder responsibility criteria. The guidelines must be posted on the board's web site. N/A Criteria Met (Per Below) a.More than one proposal is submitted for the same project from a bidder under the same or different names;N/A b.Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be restricted from submitting further bids; No c. The bidder, in the opinion of the Contracting Agency, is not qualified for the Work or to the full extent of the bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been determined by a prequalification of the bidder; No d. An unsatisfactory performance record exists based on past or current Contracting Agency Work or for Work done for others, as judged from the standpoint of conduct of the Work; workmanship; progress; affirmative action; equal employment opportunity practices; or Disadvantaged Enterprise, Minority Enterprise, or Women’s Business Enterprise utilization; No e.There is uncompleted Work (Contracting Agency or otherwise) which might hinder or prevent the prompt completion of the Work bid upon; No f.The bidder failed to settle bills for labor or materials on past or current contracts; No g.The bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract; No h.The bidder is unable, financially or otherwise, to perform the Work; No i.A bidder is not authorized to do business in the State of Washington (not registered in accordance with RCW 18.27);No j.The Bidder owes delinquent taxes to the Washington State Department of Revenue without a payment plan approved by the Department of Revenue;0 k.The Bidder is currently debarred or suspended by the Federal government;No l.There are any other reasons deemed proper by the Contracting Agency. No A bidder may be deemed not responsible and the proposal rejected if: CAG-24-098 Bidder Assessment (May 2024)Page 3 of 3 AGENDA ITEM #6. c) Client City of Renton City of Renton City of Edgewood City of Olympia Project Philip Arnold Park Burnett South Sidewalk & Utilities Replacement Edgewood Community Park Yauger Park Project Amount (rounded)$4,172,172 $897,897 $3,295,425 $1,153,153 Year 2023 2024 2021 2023 Contact Betsy Severtsen Jonathan Chavez Jeremy Metzler Neal Glassburn Location City of Renton City of Renton City of Edgewood City of Olympia Type of Work Utility Installation, Site work, picnic shelter, lighting, signate, concrete flatwork landscaping, irrigation and plantings. Utility improvements, sidewalk replacement, roadway paving. Clearing and Grubbing, picnic Shelter, restroom, play area, parking lot, storm drainage, sewer, illumination, landscaping, and wetland enhancement. Ballfield Backstops, dugouts, structural concrete, concrete flatowrk, asphalt paving, and irrigation renovations. Satisfied with their performance? (YES/NO)Yes Yes Yes Yes Uncompleted work or unsettled bills? (YES/NO)No No No No Other concerns? (YES/NO)No No No No Date of Call 5/8/2025 5/8/2025 5/9/2025 5/8/2025 Bond Company Name Bond Company Contact Bid Amount Minimum Bond Amount Required Verification Active Constuction, Inc. Barb with Liberty 5 million to 150 million Active Bond verified with Liberty Mutual on 5-9-2025, Verified with Propel Insurance on 5-12-2025 REFERENCE CHECK FOR ACTIVE CONSTUCTION, INC. BID BOND VERIFICATION FOR ACTIVE CONSTUCTION, INC. Bidder Assessment World Cup Legacy Square Phase 1 CAG-25-044 Bid Opening: May 06, 2025 AG E N D A I T E M # 6 . c ) AB - 3837 City Council Regular Meeting - 19 May 2025 SUBJECT/TITLE: Approve Resolution authorizing revisions to Policy 800-12, Contracting Authority RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Human Resources / Risk Management Department STAFF CONTACT: David Topaz, Administrator EXT.: 7657 FISCAL IMPACT SUMMARY: n/a SUMMARY OF ACTION: This Resolution authorizes revisions to Policy 800-12, Contracting Authority, a legislative policy. 1. Under the revised policy, the quarterly informational list of all contracts prepared for Council's review, will highlight contract amendments that exceed the greater of $150,000, or 10 percent of the original contract amount. 2. Additionally, the Mayor or his or her designee is authorized to approve and sign the following without need for separate Council approval or ratification: - Where the original contract value or the contract amendment value does not exceed $150,000 (Sections 4.6.1 and 4.6.5); - Contracts settling claims, litigation, or threatened litigation up to the self-insured retention amount for the applicable policy year (Section 4.6.2); - Contracts over $150,000 but less than $300,000, which contain specific intelligence information that is essential to effective law enforcement (Section 4.6.4); and - Purchase or renewal of insurance policies for the City, as long as funds are available within established budgets to pay the associated premium costs (Section 4.6.10). Sections 4.6.1, 4.6.4 and 4.6.5 are amended to increase the signing authority for the Mayor to $150,000. This amount has not increased in over 15 years, and with increasing costs of contracts and services, the change will help with efficiency of the contracting process. Section 4.6.2 is amended to acknowledge that the self-insured retention amount can change year-to-year and that a settlement may involve a past policy year with a different self-insured retention than the current policy year. The amount previously specified in 4.6.2 ($250,000) was the City’s self-insured retention until 2022. The addition of Section 4.6.10 reflects the close timing of the insurance policy proposal to the date that the City must return signed documents to bind coverage to replace expiring policies. Currently, the timing means AGENDA ITEM #6. d) that the Risk Manager often does not have final premium information for the proposed coverage until after the presentation to Finance Council and Council vote on the coverage. EXHIBITS: A. Policy 800-12 redline B. Resolution STAFF RECOMMENDATION: Approve the resolution amending Council Policy 800-12. AGENDA ITEM #6. d) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AMENDING COUNCIL POLICY 800-12. WHEREAS, the Council desires to update and revise Policy No. 800-12, Contracting Authority, to improve overall contracting efficiency and specifically in obtaining insurance coverage and settling claims or litigation; and WHEREAS, the Council last updated Policy No. 800-12 by Resolution No. 4442 on July 19, 2021; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Council hereby amends the City of Renton Policy & Procedure 800-12, Contracting Authority, to read as attached hereto in Exhibit A. PASSED BY THE CITY COUNCIL the ______ day of _______________________, 2025. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _______________________, 2025. ______________________________ Armondo Pavone, Mayor AGENDA ITEM #6. d) RESOLUTION NO. ________ 2 Approved as to form: ______________________________ Shane Moloney, City Attorney HRRM:25RES010:05.14.2025 AGENDA ITEM #6. d) RESOLUTION NO. ________ 3 EXHIBIT A Policy Number 800-12 AGENDA ITEM #6. d) POLICY & PROCEDURE Subject: CONTRACTING AUTHORITY Index: LEGISLATIVE Number: 800-12 Effective Date: __/__/_____ Supersedes: 7/19/2021 Page: 1 of 5 Staff Contact: CAO Approved By: Resolution #_________ on __/__/2025 1.0 PURPOSE: To maintain an efficient form of government, it is necessary for the Council to delegate contract approval authority to the Mayor for specific types of contracts without prior City Council review or subsequent ratification. 2.0 ORGANIZATIONS AFFECTED: Mayor and departments/divisions 3.0 REFERENCES: Applicable Administrative Policies (currently Policy & Procedure 250-02) RCW 35A.11.010 and 020 (Council Authority and Powers of Council) RCW 35A.12.065 (Pro Tempore Appointments) RCW 35A.12.100 (Authority and Powers of Mayor) Chapter 39.04 RCW (Public Works Procurement) RCW 39.04.155 (Small Works Roster Contract Procedures) RCW 39.04.280 (Competitive Bidding Requirements - Exemptions) Chapter 39.34 RCW (lnterlocal Cooperation Act) 4.0 POLICY: 4.1 All statutory bidding and contracting requirements, as set forth in State law shall be followed. 4.1.1 The Mayor is authorized to establish and/or use a small works roster or rosters and develop procedures for the administration thereof for all contracts up to $350,000. 4.2 To assist in contract management and retention, all contracts should include a date by which full performance of the contract shall be complete. AGENDA ITEM #6. d) CONTRACTING AUTHORITY p.2 4.3 All contracts should, before presentation to Council, be approved as to form by the City Attorney Department. 4.4 All contracts shall be memorialized in writing and filed in the City Clerk Division. 4.5 The City Council shall receive an informational list of all contracts every quarter. This list shall include, but not be limited to, date of expiration, amount of contract, department responsible for the contract, expected completion date of contract, and summarized scope of work. Contract Amendments exceeding the greater of $150,000 or 10% of the original contract amount shall be highlighted within the list. 4.6 Except as otherwise specified herein, the Mayor or his or her designee has authority to approve and sign the following types of contracts without need for separate Council approval or ratification: 4.6.1 All contracts for which the Original Contract Value does not exceed $150,000. 4.6.2 All contracts settling claims, litigation or threatened litigation for which the Original Contract Value, less any contribution from a City insurance policy, does not exceed the City’s self-insured retention for the applicable policy year. 4.6.3 All contracts awarded pursuant to small works procedures adopted and administered by the Mayor pursuant to Section 4.1.1 herein. 4.6.4 All contracts, with an Original Contract Value between $150,000.01 and $300,000.00 that contain specific intelligence information, the nondisclosure of which is essential to effective law enforcement, so long as sufficient funding is budgeted for the expenditure, and the Chair of the Public Safety Committee is notified of the contract prior to its execution so that he or she can, if he or she deems appropriate, request such contract be brought to the full Council for approval. 4.6.5 Contract Amendments for which the Amendment Value does not exceed $150,000. 4.6.6 Contracts and/or Contract Amendments specifically authorized by other Council action. 4.6.7 Work Orders issued pursuant to RCW 39.10.450 so long as the overarching Job Order Contract was previously approved by Council. 4.6.8 Annual technology hardware, software, or services renewal agreements including annual license renewals, subscription services, support and maintenance extensions, and general services renewals which do not exceed $250,000. AGENDA ITEM #6. d) CONTRACTING AUTHORITY p.3 4.6.9 Acquisitions of easements, right-of-way or title incident to a City public works project budgeted by the City Council. 4.6.10 Purchase or renewal of insurance coverage for the City so long as funds are available within established budgets to pay the associated premium costs. 4.7 Notwithstanding anything to the contrary in Section 4.6 of this policy, the following types of contracts require advance Council approval prior to the Mayor or designee's signature: 4.7.1 Any contract for the sale or purchase of real estate except for acquisitions of easements, right-of-way or title incident to a City public works project budgeted by the City Council. 4.7.2 Any contract to lease or otherwise encumber (e.g. via license or access agreement) City-owned real estate for a period of more than one (1) year unless the contract provides the City with an option to terminate the lease early without cause or damages by providing no more than six (6) months' notice of termination. 4.7.3 Public Works contracts that require award by the City Council pursuant to Chapter 39.04 RCW. 4.7.4 Any contract that transfers risk to the City of third party claims arising out of a contractor's misconduct or negligence if the risk transferred thereby would not be covered by the City's insurance policies. Any such provision in a contract that is not approved by the Council shall be void and unenforceable. 4.7.5 Any interlocal agreement entered into under the express authority of Chapter 39.34 RCW. 4.7.6 Any contract that, pursuant to applicable law, requires authorization from the City Council. 4.7.7 Any Contract or Contract Amendment for which the Mayor is not authorized to approve by Section 4.6 of this policy. 4.8 Work on a contract requiring City Council approval should not commence until such approval has been granted as authorized in this policy. However, work outside of the contract's original scope due to changed conditions on a public works construction project may proceed prior to formal approval of a Contract Amendment that exceeds the Mayor's approval authority, if the Mayor or designee determines such additional work is necessary to be performed without AGENDA ITEM #6. d) CONTRACTING AUTHORITY p.4 delay in order to avoid increased costs or other inefficiencies. Promptly after authorizing work that staff determines will require a Council approved Contract Amendment, the Mayor or designee will provide the City Council with notice of the work authorized pursuant to this Section. Once the cost of the work authorized pursuant to this Section is determined, a Contract Amendment will be presented to the Council for ratification. 4.9 In the event an emergency situation arises which necessitates a deviation from this policy or applicable bidding or procurement laws, the Mayor may, pursuant to RCW 39.04.280, declare an emergency situation exists, waive competitive bidding requirements, and award all necessary contracts on behalf of the City to address the emergency situation. Within two weeks of awarding an emergency contract, the Mayor shall provide Council with a written finding of the existence of the emergency and notice of the contract(s) awarded pursuant to the authority granted in this section. Such finding and notice shall be memorialized with the City Clerk and published on the City's website and/or in the next Council agenda packets, as the City Clerk deems appropriate. 5.0 DEFINITIONS: 5.1 Amendment Value: Amendment Value is the dollar value of all Consideration provided by the City to the other contracting party or parties as consideration for an individual Contract Amendment. Calculation of Amendment Value should be calculated consistent with the guidelines for calculating Original Contract Value. 5.2 Consideration: A value of exchanged or promised to be exchanged. Consideration can be in the form of a service, money, and/or property, and can also be a promise not to do something that the contracting party would otherwise be lawfully permitted to do. 5.3 Contract: Any agreement (written, oral, or implied) with another entity that legally binds the City to provide Consideration. 5.4 Contract Amendment: A modification or change in terms to a previously executed Contract, regardless of form or label (e.g. addendum, amendment, change order...). 5.5 Emergency: Unforeseen circumstance beyond the control of the City that either a) present a real, immediate threat to the proper performance of essential functions, or b) will likely result in material loss or damage to property, bodily injury, or loss of life, if immediate action is not taken. 5.6 Mayor: The elected Mayor of the City of Renton, his or her designee(s), and/or a pro tempore Mayor appointed temporarily pursuant to RCW 35A.12.065. AGENDA ITEM #6. d) CONTRACTING AUTHORITY p.5 5.7 Original Contract Value: Original Contract Value is the dollar value of all Consideration provided by the City to the other contracting party or parties in the original contract. Calculation of Contract Value involving services or property exchanged should include a reasonable estimate of the fair market value of services and property provided by the City as Consideration. 6.0 PROCEDURES: Procedural matters regarding bidding and contracting are the responsibility of the Administration. This includes, but is not limited to, formally designating those who may approve and/or sign contracts on the Mayor's behalf and developing/ updating procurement policies and procedures designed to comply with applicable laws. AGENDA ITEM #6. d) POLICY & PROCEDURE Subject: CONTRACTING AUTHORITY Index: LEGISLATIVE Number: 800-12 Effective Date: 7/19/2021 Supersedes: 2/11/2019 Page: 1 of 5 Staff Contact: CAO Approved By: Resolution #4442 on 7/19/2021 1.0 PURPOSE: To maintain an efficient form of government, it is necessary for the Council to delegate contract approval authority to the Mayor for specific types of contracts without prior City Council review or subsequent ratification. 2.0 ORGANIZATIONS AFFECTED: Mayor and departments/divisions 3.0 REFERENCES: Applicable Administrative Policies (currently Policy & Procedure 250-02) RCW 35A.11.010 and 020 (Council Authority and Powers of Council) RCW 35A.12.065 (Pro Tempore Appointments) RCW 35A.12.100 (Authority and Powers of Mayor) Chapter 39.04 RCW (Public Works Procurement) RCW 39.04.155 (Small Works Roster Contract Procedures) RCW 39.04.280 (Competitive Bidding Requirements - Exemptions) Chapter 39.34 RCW (lnterlocal Cooperation Act) 4.0 POLICY: 4.1 All statutory bidding and contracting requirements, as set forth in State law shall be followed. 4.1.1 The Mayor is authorized to establish and/or use a small works roster or rosters and develop procedures for the administration thereof for all contracts up to $350,000. 4.2 To assist in contract management and retention, all contracts should include a date by which full performance of the contract shall be complete. AGENDA ITEM #6. d) CONTRACTING AUTHORITY p.2 4.3 All contracts should, before presentation to Council, be approved as to form by the City Attorney Department. 4.4 All contracts shall be memorialized in writing and filed in the City Clerk Division. 4.5 The City Council shall receive an informational list of all contracts every quarter. This list shall include, but not be limited to, date of expiration, amount of contract, department responsible for the contract, expected completion date of contract, and summarized scope of work. Contract Amendments exceeding the greater of $100150,000 or 10% of the original contract amount shall be highlighted within the list. 4.6 Except as otherwise specified herein, the Mayor or his or her designee has authority to approve and sign the following types of contracts without need for separate Council approval or ratification: 4.6.1 All contracts for which the Original Contract Value is less thandoes not exceed $100150,000. 4.6.2 All contracts settling claims, litigation or threatened litigation for which the Original Contract Value, less any contribution from a City insurance policy, does not exceed $250,000 the City’s self-insured retention for the applicable policy year. 4.6.3 All contracts awarded pursuant to small works procedures adopted and administered by the Mayor pursuant to Section 4.1.1 herein. 4.6.4 All contracts, with an Original Contract Value between $100150,000.01 and $300,000.00 that contain specific intelligence information, the nondisclosure of which is essential to effective law enforcement, so long as sufficient funding is budgeted for the expenditure, and the Chair of the Public Safety Committee is notified of the contract prior to its execution so that he or she can, if he or she deems appropriate, request such contract be brought to the full Council for approval. 4.6.5 Contract Amendments for which the Amendment Value does not exceed $100150,000. 4.6.6 Contracts and/or Contract Amendments specifically authorized by other Council action. 4.6.7 Work Orders issued pursuant to RCW 39.10.450 so long as the overarching Job Order Contract was previously approved by Council. 4.6.8 Annual technology hardware, software, or services renewal agreements including annual license renewals, subscription services, support and maintenance extensions, and general services renewals which do not exceed $250,000. AGENDA ITEM #6. d) CONTRACTING AUTHORITY p.3 4.6.9 Acquisitions of easements, right-of-way or title incident to a City public works project budgeted by the City Council. 4.6.94.6.10 Purchase or renewal of insurance coverage for the City so long as funds are available within established budgets to pay the associated premium costs. 4.7 Notwithstanding anything to the contrary in Section 4.6 of this policy, the following types of contracts require advance Council approval prior to the Mayor or designee's signature: 4.7.1 Any contract for the sale or purchase of real estate except for acquisitions of easements, right-of-way or title incident to a City public works project budgeted by the City Council. 4.7.2 Any contract to lease or otherwise encumber (e.g. via license or access agreement) City-owned real estate for a period of more than one (1) year unless the contract provides the City with an option to terminate the lease early without cause or damages by providing no more than six (6) months' notice of termination. 4.7.3 Public Works contracts that require award by the City Council pursuant to Chapter 39.04 RCW. 4.7.4 Any contract that transfers risk to the City of third party claims arising out of a contractor's misconduct or negligence if the risk transferred thereby would not be covered by the City's insurance policies. Any such provision in a contract that is not approved by the Council shall be void and unenforceable. 4.7.5 Any interlocal agreement entered into under the express authority of Chapter 39.34 RCW. 4.7.6 Any contract that, pursuant to applicable law, requires authorization from the City Council. 4.7.7 Any Contract or Contract Amendment for which the Mayor is not authorized to approve by Section 4.6 of this policy. 4.8 Work on a contract requiring City Council approval should not commence until such approval has been granted as authorized in this policy. However, work outside of the contract's original scope due to changed conditions on a public works construction project may proceed prior to formal approval of a Contract Amendment that exceeds the Mayor's approval authority, if the Mayor or designee determines such additional work is necessary to be performed without AGENDA ITEM #6. d) CONTRACTING AUTHORITY p.4 delay in order to avoid increased costs or other inefficiencies. Promptly after authorizing work that staff determines will require a Council approved Contract Amendment, the Mayor or designee will provide the City Council with notice of the work authorized pursuant to this Section. Once the cost of the work authorized pursuant to this Section is determined, a Contract Amendment will be presented to the Council for ratification. 4.9 In the event an emergency situation arises which necessitates a deviation from this policy or applicable bidding or procurement laws, the Mayor may, pursuant to RCW 39.04.280, declare an emergency situation exists, waive competitive bidding requirements, and award all necessary contracts on behalf of the City ot to address the emergency situation. Within two weeks of awarding an emergency contract, the Mayor shall provide Council with a written finding of the existence of the emergency and notice of the contract(s) awarded pursuant to the authority granted in this section. Such finding and notice shall be memorialized with the City Clerk and published on the City's website and/or in the next Council agenda packets, as the City Clerk deems appropriate. 5.0 DEFINITIONS: 5.1 Amendment Value: Amendment Value is the dollar value of all Consideration provided by the City to the other contracting party or parties as consideration for an individual Contract Amendment. Calculation of Amendment Value should be calculated consistent with the guidelines for calculating Original Contract Value. 5.2 Consideration: A value of exchanged or promised to be exchanged. Consideration can be in the form of a service, money, and/or property, and can also be a promise not to do something that the contracting party would otherwise be lawfully permitted to do. 5.3 Contract: Any agreement (written, oral, or implied) with another entity that legally binds the City to provide Consideration. 5.4 Contract Amendment: A modification or change in terms to a previously executed Contract, regardless of form or label (e.g. addendum, amendment, change order...). 5.5 Emergency: Unforeseen circumstance beyond the control of the City that either a) present a real, immediate threat to the proper performance of essential functions, or b) will likely result in material loss or damage to property, bodily injury, or loss of life, if immediate action is not taken. 5.6 Mayor: The elected Mayor of the City of Renton, his or her designee(s), and/or a pro tempore Mayor appointed temporarily pursuant to RCW 35A.12.065. AGENDA ITEM #6. d) CONTRACTING AUTHORITY p.5 5.7 Original Contract Value: Original Contract Value is the dollar value of all Consideration provided by the City to the other contracting party or parties in the original contract. Calculation of Contract Value involving services or property exchanged should include a reasonable estimate of the fair market value of services and property provided by the City as Consideration. 6.0 PROCEDURES: Procedural matters regarding bidding and contracting are the responsibility of the Administration. This includes, but is not limited to, formally designating those who may approve and/or sign contracts on the Mayor's behalf and developing/ updating procurement policies and procedures designed to comply with applicable laws. AGENDA ITEM #6. d) AB - 3827 City Council Regular Meeting - 19 May 2025 SUBJECT/TITLE: Maintenance Custodian Supervisor Step Increase RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Facilities Division STAFF CONTACT: Jeff Minisci , Facilities Director EXT.: 425-430-6643 FISCAL IMPACT SUMMARY: The Facilities Manager is requesting to hire the Custodial Maintenance Supervisor for the Facilities Division at Pay Grade A23, Step E, rather than the originally budgeted Pay Grade A23, Step C. The Step E salary is a $7,294 increase over the Step C amount budgeted for 2025. However, there will be no fiscal impact in 2025 due to salary savings from existing vacancies from the Facilities Maintenance Technician 1 and 2 positions, and the Maintenance Electrician Technician position. A fiscal impact of $7,482 is anticipated in 2026. We are also requesting to increase the budget in account GL - 504.000000.015.518.30.10.000 from the general fund with a second quarter budget adjustment in 2025. SUMMARY OF ACTION: The Public Works Department Facilities Division is requesting to hire a Custodial Maintenance Supervisor at pay grade a23, Step E. The PW/Facilities Division is in need of a highly capable experienced Custodial Maintenance Supervisor who can operate largely independent due to the off hours schedule of 6:00 PM. To 2:30 AM. needed for custodial operations throughout the city. The current candidate exceeds the criteria for this position with extensive leadership experience working for companies such as Microsoft and JP Morgan Chase, supervising over 100 custodians at multiple campuses. His previous salary exceeds the top end of the Custodial Maintenance Supervisor. If offered a lower step in the pay grade a23 the applicant has indicated he will decline the offer resulting in a lost opportunity for the city to recruit a highly qualified applicant for this unique position. EXHIBITS: STAFF RECOMMENDATION: Authorize hiring a PW/Facilities Maintenance Custodian Supervisor at pay grade a23, step E. and increase the PW/ Facilities division funding in its 2025 - 2026 GL – 504.000000.015.518.30.10.000 budget by $7,482.00 from the general fund, to absorb the increase in salary in 2026. AGENDA ITEM #6. e) AB - 3841 City Council Regular Meeting - 19 May 2025 SUBJECT/TITLE: Authorization to Purchase Vehicles RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Maintenance Services STAFF CONTACT: Ron Kahler, Fleet Manager EXT.: 2660 FISCAL IMPACT SUMMARY: The total cost of this vehicle is $451,686.69. The total amount allocated in the 2025-26 budget for the replacement of this vehicle is $500,000.00. SUMMARY OF ACTION: The Public Works Maintenance Services Division has obtained a quote from Owens Equipment for the purchase of one Elgin Crosswind M-2 Sweeper for the Public Works Street Maintenance section. This Public Works requested purchase will replace an existing vehicle E148, a 2015 Elgin Sweeper truck. This Equipment is used by Streets section for Maintenance and repair of the Streets by removing sand and debris from city streets and repair sites. This vehicle meets the required standard for replacement in that it has high hours, concerns with reliability, future maintenance costs, as well as meeting the minimum schedule for replacement. The vehicle replacement was approved in the 2025-26 biennium budget. This vehicle is included in the Fund 501 Equipment Rental Vehicle Acquisition and Replacement Schedule. The vehicle will be purchased from Owens Equipment using Sourcewell contract #093021. Existing Vehicle Year Purchased Replacement Make & Model Replacement Cost Vendor & State Contract Bid Number E148 2015 Elgin Crosswind $451,686.69 Owens Equipment using Sourcewell contract #093021 TOTAL $451,686.69 EXHIBITS: A. Owens Quote STAFF RECOMMENDATION: Authorize the purchase of one Public Works Vehicle totaling $451,686.69. This Vehicle will be purchased from Owens Equipment using Sourcewell contract #093021. AGENDA ITEM #6. f) MODEL: CROSSWIND SINGLE ENGINE EFFECTIVE DATE: 12/04/2023 SUPERCEDES ALL PREVIOUS PRICE LISTS DEALER PRICE LIST (U.S. DOLLARS) https://www.sourcewell-mn.gov/cooperative-purchasing/093021-ELG REV#1 City of Renton Anthony Ursua 3555 NE 2nd Street 253-656-2353 Renton, WA 98056 aursua@owenequipment.com 2/20/2025 QUANTITY PART NUMBER MODEL DESCRIPTION LIST PRICE EXTENDED ECOINFUSED SINGLE ENGINE 1127252 CROSSWIND - M2 $141,340 $0 Equipped with MemorySweep®; 8.0 cu. Yd. Hopper, right and left side brooms, sweeper is powder coated from powder coatings chart 2003/N with powder coated gray undercarriage and includes the standard features listed below. 1 1128622 CROSSWIND - DUAL - PETERBILT $141,340 $141,340 Equipped with MemorySweep®; 8.0 cu. Yd. Hopper, right and left side brooms, sweeper is powder coated from powder coatings chart 2003/N with powder coated gray undercarriage and includes the standard features listed below. CHASSIS MOUNTING CHARGE 1 1128609 PETERBILT CHASSIS - CHASSIS ALTERATIONS $3,585 $3,585 NOTE: Customer Supplied Chassis requires both the Chassis Alterations and the Handling Charge APPLICATION - SPECIFIC PACKAGES 4820001 PAINT CAB STANDARD WHITE N/C $0 4810001 PAINT SWEEPER STANDARD WHITE N/C $0 1 NOTE: A BODY includes the cost of Elgin standard white finish paint. It does not however, include the price of the chassis. 1 NOTE: The chassis being supplied by a customer or dealer must comply completely with all Elgin requirements or the chassis will be modified at dealer's expense. NOTE: For cost of sweeper mounted on any other chassis, consult factory. NOTE: One year warranty on all Elgin supplied parts and labor. Consult your Elgin dealer for full warranty details. STANDARD FEATURES 1 0702255 CROSSWIND SHARED POWER 74HP PARTS MANUAL STANDARD $0 1 0701679 CROSSWIND SHARED POWER 74HP OPERATORS MANUAL STANDARD $0 1 0730166 BROOM MEASUREMENT RULER STANDARD $0 1 1032481 16' 8" WATER FILL HOSE STANDARD $0 1 0701705 MACHINE DELIVERY PACKET STANDARD $0 1 0702020 ELGIN SAFETY MANUAL STANDARD $0 1 Alternator, 95 amp Hopper rear door, hydraulically opened/closed and 1 Backup Alarm, electric locked/unlocked with external manual controls 1 Blower, HARDOX®500 steel with linatex lined housing Hose, hydrant fill, 16'8" (5080 mm) with coupling 1 Brooms, hydraulic rotation LED Clearance Lights 1 Brooms, Dual Lights; rear clearance and rear identification 1 Camera, rear mounted Manuals, operator and parts 1 Console, w/rocker switches for all sweep Mirrors, West Coast type with 8” 1 functions, with full convex inserts, one each side gauge package including tachometer, engine Pick-up head, hydraulically operated, 1 hour meter, oil pressure indicator, coolant 14” (355 mm) outside diameter pressure hose, 1 temperature, voltmeter and fuel lever indicator, 12-3/4” (324mm) inside diameter 1 water level gauge and warning lights for hopper suction hose with quick disconnect on suctions side 1 "up", hopper rear door "open" and hopper "full",Water system; one (1) rocker switch with HI / LOW setting, 1 with auxiliary engine, RPM control, side broom down with manual valves for water control 1 pressure controls and automotive style blade fuses Spray nozzles, sixteen (16), seven (7) in the 1 Doors, access fiberglass doors provide easy pick-up head, three (3) in the suction 1 service and maintenance on auxiliary engine, nozzle, three (3) at each side broom 1 hydraulic and electrical system Side Broom Outer Position Stop 1 Electronic Actuated Throttle, sweep resume/sweep Trans Oil Cooler 1 transport/reverse pick-up Vacuum enhancer, external manually operated 1 Flow Blocker Water tank, molded polyethylene, 240 gallons (907L) 1 Water pre-filter, hydrant fill hose 1 MEMORY SWEEP® HAS BEEN SELECTED 1 1126259 ***MEMORY SWEEP®$3,760 $3,760 SELECT PRODUCT ENHANCEMENTS 1 ELGIN SWEEPER EXCLUSIVE SWEEP RESUME FEATURE; Provides in-cab feedback for operator awareness of sidebroom tilt angle, vacuum enchancer percent open/close and one switch sweep resume of sweep functions. Elgin’s optional Memory Sweep ® system allows the operator to resume all previous sweep settings, even broom tilt (if so equipped), with one touch control. This feature enhances productivity and reduces fatigue. Memory Sweep incorporates a multi-screen display that indicates system diagnostics as well as optional features such as broom tilt angle, vacuum enhancer position, and broom hours. S T E P # 2 Page 1 of 3 AGENDA ITEM #6. f) MODEL: CROSSWIND SINGLE ENGINE EFFECTIVE DATE: 12/04/2023 SUPERCEDES ALL PREVIOUS PRICE LISTS DEALER PRICE LIST (U.S. DOLLARS) https://www.sourcewell-mn.gov/cooperative-purchasing/093021-ELG REV#1 City of Renton Anthony Ursua 3555 NE 2nd Street 253-656-2353 Renton, WA 98056 aursua@owenequipment.com 2/20/2025 QUANTITY PART NUMBER MODEL DESCRIPTION LIST PRICE EXTENDED --------SWEEPER COMPONENTS--------- 1 1119215 ***VACUUM ENHANCER IN-CAB CONTROL WITH IN-CAB DISPLAY $630 $630 ----------SIDE BROOMS OPTIONS---------- 1 1111176 RIGHT HAND GUTTER BROOM TILT WITH IN-CAB DISPLAY $1,360 $1,360 1 1111175 LEFT HAND GUTTER BROOM TILT WITH IN-CAB DISPLAY $1,350 $1,350 1 1127399 VARIABLE SPEED - DUAL SIDEBROOMS $4,270 $4,270 ALL WORK & FLOOD LIGHTS ARE EACH CONTROLLED USING INDIVIDUAL ROCKER SWITCHES NOTE: Sidebroom Lights are NOT STANDARD 1 1126157 INDIVIDUAL SWITCHES FOR DUAL SIDEBROOM & REAR FLOOD LTS-LED $1,685 $1,685 ----------SIDE BROOMS---------- 1 1112947 ***DUAL SIDE BROOM SCRUBBING POSITION $2,320 $2,320 SELECT OPTIONS / ACCESSORIES --------ALARMS------------ 1 1128244 BACKUP ALARM, SMART $605 $605 -----AUTO LUBE----- 1 1127489 AUTO LUBE SWEEPER ONLY $5,520 $5,520 ------DECALS------ 1 1128152 RED LOGO/CROSSWIND $0 $0 ----------GAUGES---------- 1 1061886 HYDRAULIC OIL LEVEL GUAGE W/THERMOMETER $245 $245 ------HOPPER OPTIONS------ 1 1127045 RIGHT HAND INSPECTION DOOR & STEP $1,050 $1,050 1 1085887 6" HOPPER DRAIN $1,060 $1,060 -----MANUALS---- 1 702490 CROSSWIND SHARED POWER 74HP SERVICE MANUAL $120 $120 -----LIGHTING----- 1 1126158 (2) ALTERNATING FLASHING REAR LIGHTS (MUST SELECT ONE "INDVDUAL SWITCHES WORK LIGHT OPTION")$1,430 $1,430 1 1126575 LED ARROWSTICK $2,890 $2,890 ----------PM10 COMPLIANCE------------ 1 1132094 PM-10 WATER SYSTEM (NOT COMPATIBLE WITH FUNCTIONAL OR INDIVIDUAL WATER SYSTEM) $5,530 $5,530 -----------SAFETY--------- 1 9306848 TRIANGLE REFLECTOR FLARES (3)$125 $125 1 1095548 LEFT HAND SIDE CAMERA $795 $795 -----WANDERING HOSE----- 1 1120863 HYDRAULIC WANDERING HOSE (USE W/VARIABLE SPEED) $6,415 $6,415 -----WATER SYSTEM--------- 1 1040094 QUICK DISCONNECT WATER FILL $695 $695 1 1088582 HOPPER WATER NOZZLES $745 $745 1 1131853 AIR PURGE FOR WATER SYSTEM (USE W/PM10)$565 $565 PETERBILT CHASSIS OPTIONS 1 1119464 FRONT SPRAY BAR (USE W/PM-10) (NOT COMPATIBLE WITH THE STANDARD WATER SYSTEM)$760 $760 1 1120869 CAB & (2) REAR STROBES (USE W/ WANDERING HOSE)$3,035 $3,035 FREIGHT RATES EFFECTIVE DATE: 01/01/2022 1 FRT-124-008 FREIGHT-CA,NV,ID,OR,WA $7,685 $7,685 1 SUB TOTAL $199,570 -----DISCOUNTS----- 1 DISC-124-ADDL ADDITIONAL DISCOUNT $5,987 -$5,987 S T E P # 3 1 SIDE BROOM SCRUBBING POSITION provides additional switch on console to allow the side brooms to sweep inboard in front of the pickup head in the scrubbing position. Page 2 of 3 AGENDA ITEM #6. f) MODEL: CROSSWIND SINGLE ENGINE EFFECTIVE DATE: 12/04/2023 SUPERCEDES ALL PREVIOUS PRICE LISTS DEALER PRICE LIST (U.S. DOLLARS) https://www.sourcewell-mn.gov/cooperative-purchasing/093021-ELG REV#1 City of Renton Anthony Ursua 3555 NE 2nd Street 253-656-2353 Renton, WA 98056 aursua@owenequipment.com 2/20/2025 QUANTITY PART NUMBER MODEL DESCRIPTION LIST PRICE EXTENDED SPECIAL RFQ OPTIONS / OTHER DESCRIPTIONS 1 EC11125699 SOUND SUPRESSION SYSTEM - BEHIND CHASSIS CAB IN HOPPER COWL 2,990.00$ 2,990.00$ EC11133195 HOPPER DEBRIS VIBRATOR - ELECTRIC 2,815.00$ -$ 1 EC11136452 NO WATER IDLE DOWN - PM-10 COMPATIBLE 1,130.00$ 1,130.00$ 1 ERFQ 81759 PICKUP HEAD CURTAIN LIFTER - IN CAB CONTROL 4,950.00$ 4,950.00$ 1 ERFQ 81757 PICKUP HEAD WASHOUT 2,525.00$ 2,525.00$ 1 ERFQ 81757 2025 PETERBILT RHD ONLY CHASSIS 206,248.00$ 206,248.00$ 1 Sweeper Total $411,425.90 Sales Tax (10.4%)$40,260.79 GRAND TOTAL $451,686.69 Page 3 of 3 AGENDA ITEM #6. f) AB - 3834 City Council Regular Meeting - 19 May 2025 SUBJECT/TITLE: Temporary Road Closures South 7th Street Corridor Improvements Project RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Public Works Transportation Systems Division STAFF CONTACT: Bob Hanson, Transportation Design Manager EXT.: 7223 FISCAL IMPACT SUMMARY: There is no fiscal impact if the closures are approved. Because the project is currently under construction, there potentially could be up to an additional $500,000 change order due to delays to the contractor, extensive temporary roadway construction, expensive nighttime work in a residential neighborhood, and possible multiple reworks to open these roadways to traffic on a daily basis. SUMMARY OF ACTION: The South 7th Street Corridor Improvements Project develops this corridor as a key east-west bicycle route into the downtown. The project installs a sidewalk and a two-way cycle track on the north side of S 7th Street between Shattuck and Burnett Ave S. The construction of the sidewalk and two-way cycle track necessitates the realignment of Burnett Ave S at Talbot Road S and the construction of a raised concrete crosswalk. These improvements require the closure of Burnett Ave S and Smithers Ave S up to three weeks starting June 3, 2025. Multiple detours and alternate routes are available and will be signed to direct traffic through the detour. The project Team will work with Communications Staff to implement a public outreach plan highlighting outreach to the South Renton neighborhood. This project is funded in part by a $1,669,020 FHWA grant, a $1,000,000 System Access Fund Award from Sound Transit, and a State Transportation Improvement Board (TIB) award of $229,495. EXHIBITS: A. Roadway Closure Location B. Street Closure & Alternate Routes C. Resolution STAFF RECOMMENDATION: Approve the closure of Burnett Ave South ad Smithers Avenue South up to 3 weeks starting June 3, 2025, as part of the South 7th Street Corridor Improvement Project. AGENDA ITEM #6. g) H:\File Sys\TED - Transp Engr Design\TED 40 - Projects\04201 South 7th Street Corridor Improvements\800 Miscellaneous\Street Closure AB\2. Temp Closures - Agenda Bill.docx Exhibit B - Roadway Closure Location (Future Realignment Shown Over Current Alignment in Grayscale) AGENDA ITEM #6. g) H:\File Sys\TED - Transp Engr Design\TED 40 - Projects\04201 South 7th Street Corridor Improvements\700 Construction Admin-Project Control\709 Traffic Control\709.1 Plans\2. Temp Closures - Agenda Bill - old.docx Exhibit C – Street Closure & Alternate Routes Street Closure Locations Detour and Alternate Routes AGENDA ITEM #6. g) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING TEMPORARY INTERMITTENT FULL STREET CLOSURE OF BURNETT AVE SOUTH AND SMITHERS AVE SOUTH. WHEREAS, The South 7th Street Corridor Improvements Project develops this corridor as a key east-west bicycle route into the downtown. The project installs a sidewalk and a two- way cycletrack on the north side of South 7th Street between Shattuck and Burnett Avenue South ; and WHEREAS, The construction of the sidewalk and two-way cycletrack necessitates the realignment of Burnett Avenue South at Talbot Road South and the construction of a raised concrete crosswalk; and WHEREAS, there exists inadequate space for a bypass; and WHEREAS, PURSUANT TO THE City Code 9-9-3, such street closures require City Council authorization by means of a resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby authorize the intermittent closure of Burnett Avenue South and Smithers Avenue South up to 3 weeks during a period of 6 weeks starting June 3, 2025 . SECTION II. Notice of the closure shall be posted and published as required by RMC 9-9- 2 and RMC 9-9-3. SECTION III. Click or tap here to enter text.. AGENDA ITEM #6. g) RESOLUTION NO. _______ 2 SECTION IV. Click or tap here to enter text.. PASSED BY THE CITY COUNCIL this day of , 2023. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2023. ______________________________ Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney RES- [Dept]:[CA File No.]:[MM.DD.YYYY Edited] AGENDA ITEM #6. g) AB - 3835 City Council Regular Meeting - 19 May 2025 SUBJECT/TITLE: I-405 Renton to Bellevue: Full weekend closure of NE 44th Street between N 43rd St. and I-405 RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Public Works Transportation Systems Division STAFF CONTACT: Jim Seitz, Transportation Systems Director EXT.: 7245 FISCAL IMPACT SUMMARY: There is no fiscal impact to the City by adopting the resolution. SUMMARY OF ACTION: The I-405, Renton to Bellevue Widening and Express Toll Lanes (ETL) Project is intended to increase the capacity of the I-405 freeway. The project also builds infrastructure for Sound Transit’s Stride Bus Rapid Transit system including a new inline transit station at Northeast 44th Street in Renton. Bus rapid transit, paired with the ETL system, will provide more reliable transportation options for people. NE 44th Street between N 43rd Street and I-405 (6/6/25-6/9/25): As part of this project, a full weekend closure of NE 44th Street between N 43rd Street and the Southbound I- 405 off ramp is needed in 2025 to perform vital work for the project. This full weekend closure was approved by City Council to be used in 2024, however, due to conflicts with a PSE gas line, the contractor was unable to implement the closure during the previously approved dates. This project needs to excavate and lower NE 44th Street to its final elevation west of I-405. The work completed during this full weekend closure will allow final grading operations along NE 44th Street between N 43rd Street and the Southbound I-405 off ramp to be completed in one weekend. This full closure includes a shoefly detour of Seahawks Way, maintaining access to I-405 and NE 44th Street to the east. The final configuration of NE 44th Street and Seahawks Way will be reopened at its final elevation at or prior to the end of the closure. This full weekend closure decreases impacts to the traveling public by minimizing the duration to complete the work and maintains the currently implemented traffic control at NE 44th Street. This full weekend closure will take place between June 6, 2025, and June 9, 2025, with notifications provided to the public in accordance with the Public Outreach Plan in Exhibit A. Work performed during this period includes the following: 1.Removal of temporary barrier and HMA pavement. 2.Construction of Seahawks Way shoefly detour. 3.Excavation of NE 44th Street to final elevation between N 43rd Street and the Southbound I-405 off ramp. 4.Placement of HMA base, temporary striping, and temporary barrier. EXHIBITS: A. Public Outreach Plan AGENDA ITEM #6. h) B. WSDOT Project Flier with Primary Detour Routes C. Resolution STAFF RECOMMENDATION: Adopt the resolution authorizing full weekend closure of NE 44th Street between N 43rd Street and I-405 to occur between June 6, 2025, and June 9, 2025, for the purpose of lowering NE 44th Street to final elevation west of I-405. AGENDA ITEM #6. h) I-405Renton to Bellevue Widening and Express Toll Lanes Project Closure of NE 44th Street between N 43rd Street and the SB I-405 off-ramp NE 44th Street: One full weekend closure – occurring June 6, 2025, through June 9, 2025. Scope of work: Closure of NE 44th Street for one full weekend to lower NE 44th Street between N 43rd Street and the Southbound I-405 off ramp to final elevation. Completing this work supports the construction of WSDOT Express Toll Lanes and Sound Transit Bus Rapid Transit systems. Outreach methods: • 14-day advanced notification to businesses and residents via postcard to addresses outlined in the Figure 1 map to the right • Flier provided to City of Renton for internal distribution • Social media and WSDOT Blog posts notifying the public of the closure o Coordination with the City of Renton to share social media posts from the project • Hotline and project inbox information provided on fliers, blogposts, and project website • Message boards will be placed 14 days before the closure to notify the traveling public • Emergency services briefing ahead of closure • WSDOT availability for media Figure 1: Outreach/postcard distribution area Page | 1 AGENDA ITEM #6. h) I-405, Renton to Bellevue Widening and Express Toll Lanes Project Full Weekend Closure of NE 44th Street between N 43rd Street and the Southbound I-405 off ramp Overview Crews working for the Washington State Department of Transportation are fully closing NE 44th Street for one weekend for crews to lower the existing roadway to final grade. NE 44th Street will be closed between N 43rd Street and Seahawks Way during the first phase of the closure. A shoefly detour is provided for Seahawks Way access. NE 44th Street, east of the Seahawks Way detour will remain open. Detours will be provided for bicyclists, pedestrians, and for the traveling public, using the NE 30th Street on and off ramps and other City of Renton surface streets within this area. Residents along Ripley Lane and staff at the Virginia Mason Athletic Center will be able to exit Seahawks Way to the east during the closure. This key milestone for the I-405, Renton to Bellevue Widening and Express Toll Lanes project is necessary to complete widening of the I-405 freeway. Work during this closure period will include:  Removal of temporary barrier and HMA pavement  Construction of Seahawks Way shoefly detour  Excavation of NE 44th Street to final elevation west of I-405  Placement of HMA base course, temporary striping, and temporary barrier Lane and Ramp Closures Full weekend closure between June 6, 2025, through June 9, 2025, (advance notice provided)-Full closure of NE 44th Street between N 43rd Street and the Southbound I-405 off ramp Bike, pedestrian, and vehicle traffic will be detoured to NE 30th Street. AGENDA ITEM #6. h) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING TEMPORARY FULL STREET WEEKEND CLOSURE OF NE 44TH STREET BETWEEN N 43RD STREET AND I-405 OFF RAMP WHEREAS, the Washington State Department of Transportation (WSDOT) is constructing the I-405, Renton to Bellevue Widening and Express Toll Lanes (ETL) project; and WHEREAS, this construction activity will require a temporary street closures of the NE 44th Street between N. 43rd Street and the I-405 south bound off ramp; and WHEREAS, on February 17, 2024, by Resolution 4519, the City Council approved temporary closure of NE 44th Street between N. 43rd Street and the I-405 southbound off ramp for one weekend occurring sometime between Friday, May 3, 2024 and Monday, August 26, 2024; and WHEREAS, WSDOT’s contractor was unable to begin the required work during the time period previously approved by council, and WSDOT intends to reschedule the work for the weekend of June 6, 2025; and WHEREAS, pursuant to the City Code section 9-9-3, such street closures require City Council authorization by means of a resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby authorize the temporary weekend closure of the NE 44th Street between N. 43rd Street and the I-405 sound bound off ramp for one weekend from AGENDA ITEM #6. h) RESOLUTION NO. _______ 2 Friday evening, June 6, 2025 to Monday morning, June 9, 2025 for the purpose of decreasing impacts to the traveling public by minimizing the duration to complete the work. SECTION II. Notice of the closure shall be posted and published as required by RMC 9-9-2 and RMC 9-9-3. PASSED BY THE CITY COUNCIL the day of , 2025. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2025. ______________________________ Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney RES- PW:25RES011:05.12.2025 AGENDA ITEM #6. h) AB - 3826 City Council Regular Meeting - 19 May 2025 SUBJECT/TITLE: Supplement No. 3 to CAG-22-164 with Perteet, Inc. for the Rainier Avenue S Corridor Improvements – Phase 4 Project RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Transportation Systems Division STAFF CONTACT: Michelle Faltaous, Transportation Project Manager EXT.: 7301 FISCAL IMPACT SUMMARY: Supplement No. 3 to CAG-22-164 with Perteet, Inc. adds $1,454,268.03 to the agreement, bringing the total to $4,897,062.83. Public Works Utilities and Franchise Utilities are participating in the cost sharing of the construction management contract that will be funded for by transportation, the water utility, the wastewater utility, and franchise utilities (i.e. Lumen, PSE, Comcast). The amounts are based on the percentage of the construction contract that each utility is responsible for and were established at the beginning of construction. The percentages will be reevaluated at the end of construction to adjust for the final contract amount and work performed for each utility. Staff is requesting a budget adjustment of $1,454,268.03 for the project to cover this supplement. The funding request is for $1,200,934.54 and will come from transportation impact fees, fund 305, $111,542.36 from the water utility, $39,992.37 from the wastewater utility, $52,935.36 from Puget Sound Energy, $33,593.59 from Lumen, and $15,269.81 from Comcast. SUMMARY OF ACTION: Supplemental Agreement No. 3 adds funds to the Construction Management contract to account for the 154 working days added to the construction contract. These delays were caused by material procurement from the Franchise Utilities, the change in depth/shoring for the joint utility trench, as well as changes to the Lumen design at Victoria. Supplemental Agreement No. 3 adds funds to the Construction Management contract to account for the extension of time due to the changes and delays as explained above. EXHIBITS: A. Agreement STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplement No. 3 to CAG-22-164 with Perteet, Inc. in the amount of $1,454,268.03 for continued Construction Management and approve the budget adjustment for $1,454,268.03 on the Rainier Avenue S Corridor Improvements – Phase 4 project. AGENDA ITEM #6. i) DOT Form 140-063 Revised 09/2005 Supplemental Agreement Number Organization and Address Phone: Original Agreement Number Project Number Execution Date Completion Date Project Title New Maximum Amount Payable Description of Work The Local Agency of desires to supplement the agreement entered in to with and executed on and identified as Agreement No. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: III Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: By: Consultant Signature Approving Authority Signature Date AGENDA ITEM #6. i) Basic Agreement Supp. #1 Supp. #2 Supp. #3 Total Direct Salary Cost $ 819,730.20 $ 78,868.68 $ ‐ 395,947.74 $ 1,294,546.62 ICR $ 1,496,171.57 $ 143,951.13 $ ‐ 761,407.50 $ 2,401,530.20 Profit $ 241,164.63 $ 23,203.17 $ ‐ 116,487.83 $ 380,855.63 Direct Costs $ 2,557,066.40 $ 246,022.98 $ ‐ 1,273,843.07 $ 4,076,932.45 Subconsultants $ 483,536.91 $‐ $ ‐ 117,365.24 $ 600,902.15 Expenses $ 30,552.08 $‐ $ ‐ 12,106.00 $ 42,658.08 Potential Salary Escalation $ 371,639.41 $ (246,022.98) $ ‐ $50,953.72 $ 176,570.15 Total $ 3,442,794.80 $‐ $ ‐ 1,454,268.03 $ 4,897,062.83 City of Renton Rainier Ave S Phase 4 Construction Management Services Supplement #3 Exhibit "A" Summary of Payments AG E N D A I T E M # 6 . i ) City of Renton Rainier Ave S Corridor Improvements – Phase 4 Construction Management Supplement #3 Fee Worksheet Principal Senior Construction Manager Construction Supervisor Construction Specialist II Construction Observer I Senior Construction Technician Construction Technician III Construction Technician II Construction Technician I Senior Accountant Labor Hours Labor Dollars Task \ Hourly Rate $135.26 $80.00 $89.50 $48.25 $43.50 $58.00 $52.00 $39.00 $33.00 $59.00 Total Total Task 1: Project Administration 88 36 0 0 0 0 0 0 0 16 140 $15,726.88 General Project Management 64 36 -------- 100 $11,536.64 Billing and Progress Report 24 -------- 16 40 $4,190.24 Task 2: Construction Administration 236 998 48 318 386 290 960 586 276 0 4098 $246,893.86 Record of Materials (ROM)-18 -18 - 24 ----60 $3,700.50 Project File/Records Keeping 28 320 - 120 166 96 320 140 64 -1254 $72,178.28 Submittals/Change Orders/Force Accounts 72 320 40 120 166 96 240 170 84 -1308 $79,379.72 Progress Payments 72 120 -24 18 28 160 138 64 -624 $38,717.72 Weekly Meetings/Interviews/Payrolls/Records Keeping 64 220 8 36 36 46 240 138 64 -852 $52,917.64 Task 3: Construction Observation 0 400 0 860 1040 0 144 128 64 0 2636 $133,327.00 On-Site Construction Observation/IDR/FNR/FA -320 - 720 960 -144 128 64 -2336 $116,692.00 Record Drawings Field Notes & Mark-Up -80 - 140 80 -----300 $16,635.00 Task 4: Project Close-Out 0 0 0 0 0 0 0 0 0 0 0 $0.00 As-Built & Record Drawings ----------0 $0.00 Project Closeout Documentation ----------0 $0.00 Total Hours 324 1,434 48 1,178 1,426 290 1,104 714 340 16 6,874 Total Dollars $43,824.24 $114,720.00 $4,296.00 $56,838.50 $62,031.00 $16,820.00 $57,408.00 $27,846.00 $11,220.00 $944.00 $395,947.74 Stepherson & Associates (Public Outreach)$66,250.90 Terracon (Materials & Compaction Testing, Laboratory)$51,114.34 $395,947.74 Totals:$117,365.24 192.30% $761,407.50 29.42% $116,487.83 Mileage ($0.70/mile)$2,856.00 $117,365.24 Pavia Headlight System (3 units @ $300/Month) $9,000.00 $12,106.00 Courier, Reproduction, and Miscellaneous Expenses $250.00 $50,953.72 Totals:$12,106.00 $1,454,268.03 SUPPLEMENT #3 TOTAL Expenses Subconsultants Expenses: SUMMARY Subconsultants 2025 Potential Salary Esc. (4%) ICR (Indirect Cost Rate) Fee (Profit) Labor (Direct Salary Cost) AG E N D A I T E M # 6 . i ) Staff Office Manager Group Manager Laboratory Supervisor Construction Inspector II Senior Construction Inspector Materials Technician II Materials Technician I Laboratory Technician Project Administrator Hourly Rate $87.16 $61.78 $42.93 $40.45 $39.45 $34.00 $27.75 $27.75 $28.50 Total Task 1 Hours 44422322 0 2 52 Total Labor $348.64 $247.12 $171.72 $80.90 $78.90 $1,088.00 $55.50 $0.00 $57.00 $2,127.78 Total Task 2 Hours 41688820816 0 4 272 Total Labor $348.64 $988.48 $343.44 $323.60 $315.60 $7,072.00 $444.00 $0.00 $114.00 $9,949.76 Total Task 3 Hours 0000000 0 0 0 Total Labor $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Task 4 Hours 0000000 0 0 0 Total Labor $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL HOURS 8 20 12 10 10 240 18 0 6 324 TOTAL LABOR $697.28 $1,235.60 $515.16 $404.50 $394.50 $8,160.00 $499.50 $0.00 $171.00 $12,077.54 $12,077.54 ICR 202.39%$24,443.73 Fee 29.75%$3,593.07 $7,500.00 $3,500.00 $51,114.34 Rainier Ave. S. Corridor Improvements ‐ Phase 4 Terracon Construction Inspection Materials Testing Fee Supplement #3 Task 1: Construction Materials Sampling & Project Management Task 2: Observation and Testing of Subgrade & Fill Compaction TOTALS Task 3: Observation and Testing of Placement of Concrete Task 4: Observation and Testing during Placement of HMA TOTALS REIMBURSABLES TOTAL SUMMARY LABOR LABORATORY TESTING AG E N D A I T E M # 6 . i ) Staff Principal Project Manager Sr. Graphic Designer Associate 3 Project Controls Associate 2 Graphic Designer Associate 1 Associate 1 Project Coordinator Hourly Rate $89.00 $61.20 $49.55 $47.00 $45.00 $42.00 $39.30 $38.00 $37.00 $30.00 Total Task 1 Hours 58088182160 065 Total Labor $445.00 $489.60 $0.00 $376.00 $360.00 $756.00 $78.60 $608.00 $0.00 $0.00 $3,113.20 Total Task 2 Hours 10 0 6 120 0 120 16 120 48 16 456 Total Labor $890.00 $0.00 $297.30 $5,640.00 $0.00 $5,040.00 $628.80 $4,560.00 $1,776.00 $480.00 $19,312.10 TOTAL HOURS 15 8 6 128 8 138 18 136 48 16 521 TOTAL LABOR $1,335.00 $489.60 $297.30 $6,016.00 $360.00 $5,796.00 $707.40 $5,168.00 $1,776.00 $480.00 $22,425.30 $22,425.30 ICR 161.22%$36,154.07 Fee 29.75%$6,671.53 $1,000.00 $66,250.90 LABOR REIMBURSABLES TOTAL Rainier Ave. S. Corridor Improvements ‐ Phase 4 Stepherson & Associates Public Outreach Fee Supplement #3 Task 1: Project Administration and Management Task 2: Community Engagement TOTALS TOTALS SUMMARY AG E N D A I T E M # 6 . i ) AB - 3821 City Council Regular Meeting - 19 May 2025 SUBJECT/TITLE: Agreement for Award of Recreation and Conservation Office (RCO) Grant Funds with Washington State Department of Fish and Wildlife for the Panther Creek at Talbot Rd S. Culvert Replacement Project RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Jared McDonald , Surface Water Utility Principal Civil Engineer EXT.: 7293 FISCAL IMPACT SUMMARY: The grant agreement provides $412,500 of grant funding into the 2025 Surface Water utility Capital Improvement Program budget for the Panther Creek at Talbot Road S. Culvert Replacement Project (427.475514). The grant requires the City of Renton to provide a sponsor share of $137,500 towards the project for a grant total of $550,000. The matching requirement will be met using $195,853 of opportunity funds from the King County Flood Control District. SUMMARY OF ACTION: The Panther Creek at Talbot Road S. Culvert Replacement Project will replace a deteriorated 42-inch corrugated metal stormwater pipe under Talbot Road S with a fish passable structure. In addition to restoring fish passage, a new structure will reduce flood risk associated with the possible collapse of the existing pipe and the potential for debris accumulation at the culvert inlet under existing conditions.Replacement of the structurally deficient culvert requires the installation of a fish passable structure because Panther Creek is recognized as a fish bearing stream by the Washington Department of Fish and Wildlife. During the planning phase of this project, the Surface Water Utility completedan alternatives analysisfor various culvert replacement solutions which resulted in a bridge option being selected as the most feasible.A 10% level (conceptual) design including a civil and structural basis of design report were also prepared during this phase. The design phase of this project is being initiated. No consultant has been selected yet. The RCO grant with Washington State Department of Fish and Wildlife will fund a professional services agreement, following the conclusion of the consultant selection process, to advance the design of a fish passable bridgefrom 10% to 60%. EXHIBITS: A. Agreement B. Resolution 4464 C. Vicinity Map STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Recreation and Conservation Grant withWashington State Department of Fish and Wildlife to accept $412,500of grant funds with a $137,500 City matching component AGENDA ITEM #6. j) for a total of $550,000agreement amount for the Panther Creek at Talbot Road S. Culvert Replacement Project. AGENDA ITEM #6. j) RCO Grant Agreement Project Sponsor:City of Renton Project Number:21-1504P Project Title:Panther Creek Barrier Removal - Talbot Road Approval Date:01/15/2025 RCO: 21-1504 Revision Date: 1/31/2025 Page 1 of 20 PARTIES OF THE AGREEMENT This Recreation and Conservation Office Grant Agreement (Agreement) is entered into between the State of Washington by and through the Department of Fish and Wildlife (WDFW or Funding Entity) acting through the Recreation and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Renton (Sponsor, and primary Sponsor), 1055 S Grady Way, Renton, WA 98057, and shall be binding on the agents and all persons acting by or through the parties. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors (and on file with the RCO), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project identified above, including but not limited to, full authority to: (1) sign a grant application for grant assistance, (2) enter into this Agreement on behalf of the Sponsor(s), including indemnification, as provided therein, (3) enter any amendments thereto on behalf of Sponsor(s), and (4) make any decisions and submissions required with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant Resolution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally authorized Representative/Agency(s). Unless a new Applicant Resolution/Authorization has been provided, the RCO shall proceed on the basis that the person who is listed as the Authorized Representative in the last Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement (including any amendments thereto) and decisions related to implementation of the Agreement. B. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally bind the Sponsor as described in the above Sections. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section). PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the State Bldg Const and/or Natural Climate Solns Acct of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO). DESCRIPTION OF PROJECT The City of Renton will use the BAFBRB Grant for planning funds to hire a consultant and properly evaluate and develop preliminary designs for the removal of an existing barrier along Panther Creek, a 42-in diameter corrugated metal pipe (CMP) that is located under Talbot Rd S in the city right-of-way. The CMP is a barrier due to frequent debris accumulation at the culvert inlet and a wsdrop of approx. 1.2 meters at the culvert outlet. Currently this barrier has been designated as 0% passable by the WDFW Fish Passage and Diversion Screening Inventory Database. The removal of this fish barrier would give fish access to a large ravine east of the road. This ravine has significant forested buffers that would promote favorable habitat and is protected by a City of Renton Critical Areas Ordinance. Making the Talbot Road S culvert crossing fish passable would provide great benefit to Endangered Species Act listed anadromous species (Winter Steelhead), as well as other anadromous salmonids (Coho and searun cutthroat) by enabling them to migrate nearly 1,400 feet farther up Panther Creek. With support from WRIA 9, the City of Renton has identified the 42-inch CMP barrier as high priority issue. This project builds upon the improvements made by WSDOT with the Thunder Hills Creek Mitigation Fish Barrier Retrofit Project and the 84-inch culvert installed by WSDOT at the SR-167 crossing, both built in 2012. The purpose of this project is a key strategy identified in the WRIA 9 2005 Green/Duwamish Salmon Habitat Plan. PERIOD OF PERFORMANCE The period of performance begins on January 15, 2025 (project start date) and ends on December 31, 2027 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO manuals as of the effective date of this Agreement. AGENDA ITEM #6. j) RCO: 21-1504 Revision Date: 1/31/2025 Page 2 of 20 The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the project end date. STANDARD TERMS AND CONDITIONS INCORPORATED The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference as part of this Agreement. LONG-TERM OBLIGATIONS For this planning project, the sponsor’s on-going obligation shall be the same as the period of performance identified in the Period of Performance section. PROJECT FUNDING The total grant award provided for this project shall not exceed $412,500.00. The RCO shall not pay any amount beyond that approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated below: Percentage Dollar Amount Source of Funding Office - BA Fish Barrier Removal Board 75.00% $412,500.00 State Project Sponsor 25.00% $137,500.00 Total Project Cost 100.00% $550,000.00 CLIMATE COMMITMENT ACT FUNDING Where this section conflicts with other provisions of this Agreement, the requirements of this section shall prevail. Project Funding, Laws, and Rules This project is funded through the Climate Commitment Act (Chapter 316, Laws of the State of Washington, 2021 (“CCA” or “the Act”). Funds provided here in is from one or more of the following accounts in the state treasury: Carbon Emissions Reduction Account (CERA), Climate Investment Account (CIA), Climate Commitment Account (CCA), Natural Climate Solutions Account (NCSA), and Air Quality and Health Disparities Improvement Account (AQHDIA). Sponsor shall comply with the requirements of the Act and specific requirements for each account that funds the project. Sponsors shall also follow all applicable Agencies’ (see below) WAC’s and policies established pursuant to the Act. Geographic Scope of Work Funding through the Act’s accounts (listed above) for this Agreement shall only be spent on the project and within the state of Washington. Reporting Sponsor shall assist RCO with its reporting requirements per the Act, and any applicable WAC’s including but not limited to WAC 173-446B. At the direction of RCO, Sponsor shall report project information to Washington State Department of Ecology (“ECY”), Washington State Department of Commerce, Washington State Department of Natural Resources, the Washington State Department of Health (DOH), the Office of the Governor, the Washington State Legislature (“LEG”) to include the Joint Legislative Audit and Review Committee, the Environmental Justice Council (ECY, DOH), and the Office of Financial Management (“Agencies”), through 2045. Sponsor must provide RCO any requested project information needed to complete its Environmental Justice Assessment and Review and plans and assessments required by Act through 2045. At the direction of RCO, Sponsor shall use reporting tools provided by the RCO or the Agencies to complete Sponsor and RCO’s reporting requirements per this Agreement and the Act, and any WAC’s or policies established by the Agencies pursuant to the Act. Outreach At the request of RCO, Sponsor shall provide a copy of all Sponsor project education and outreach materials via email to RCO for review prior to distribution. Funding Source Acknowledgement and Branding AGENDA ITEM #6. j) RCO: 21-1504 Revision Date: 1/31/2025 Page 3 of 20 To strengthen public awareness of how CCA funding is used, Sponsor shall ensure consistent branding and funding acknowledgments are used in all communications and included in funding agreements, contracts, press releases and project related publications, media, and at the project site in the form of signs during all phases of the project to include pre- construction, pre-renovation, pre-rehabilitation, and for completed projects at the project site. Sponsor shall also ensure its contractors, subcontractors, service providers and others who assist Sponsor in implementing the project include recognition of CCA project funding on their website and other promotional or informational materials. Capital equipment costing more than $5,000 shall also be branded with a CCA logo. Sponsor shall request RCO provide the format for acknowledgement and branding language and logo in the language and font, and logo color, font, and format, consistent with CCA funding requirements as set for in this subsection. For logos, Sponsor shall contact RCO to request approved logo templates. Language: “The Panther Creek Barrier Removal - Talbot Road is supported with funding from Washington’s Climate Commitment Act. The CCA supports Washington’s climate action efforts by putting cap-and- invest dollars to work reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at www.climate.wa.gov.” Logo: Sponsor shall request RCO send it logo templates approved by the state. The RCO provided logos should always be used in its entirety, with the wordmark and symbols together. The logo should not be altered in any way, including changing the colors, proportions or fonts. The logo should be displayed on a white background. If a white background isn’t possible, use the primary logo with the border or one of the approved white logos. The primary color palette is the shades of green, but it can also be used in black and white and/or gray scale as required. The logo can be used in a variety of applications, including websites, social media, print materials, and signage. When using the logo in digital applications or printing for signage, it is important to use a high-resolution version of the logo. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor’s application and the project summary and eligible scope activities under which the Agreement has been approved and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. “Agreement” as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. AMENDMENTS TO AGREEMENT Except as provided herein, no amendment (including without limitation, deletions) of this Agreement will be effective unless set forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need only be signed by RCO’s director or designee and consented to in writing (including email) by the Sponsor’s Authorized Representative/Agent or Sponsor’s designated point of contact for the implementation of the Agreement (who may be a person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or minor scope adjustments. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO manuals or on the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless otherwise expressly stated in the amendment. AGENDA ITEM #6. j) RCO: 21-1504 Revision Date: 1/31/2025 Page 4 of 20 For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this Agreement: Brian Abbott Fish Barrier Removal Board -Manual 22 Reimbursements - Manual 8 Restoration Projects - Manual 5 Provided, where a manual refers to a funding board’s responsibility and/or authority but the funding board is not involved with the grant or successor to an entity that was involved, the RCO director shall have that responsibility and/or authority if such responsibilities and/or authority falls within the RCO’s statutory responsibilities and/or authority or within a lawful delegation by the board to the RCO. SPECIAL CONDITIONS WDFW TECHNICAL REVIEW AND APPROVAL FOR DESIGN This project is conditioned for review and approval, by the BAFBRB Technical Review Team, for both Feasibility and Alternatives Analysis deliverables and preliminary design and design report. This review must occur prior to advancing to preliminary design on any given alternative. The design plans and report need to include the elements specified in Manual 22, Appendix C-1 and C-2. The BAFBRB Technical Review process typically takes between 30 to 90 days. Please account for this review timing in your project delivery schedule. SPECIAL CONDITIONS - CULTURAL RESOURCES CONDITION APPLIES TO THE FOLLOWING AREA(S): Panther Creek Barrier Removal - Talbot Rd: APE State - RCO Lead: Survey required, may proceed with Geotech/soils: This agreement requires compliance with Executive Order 21-02. RCO has completed initial consultation for this project and a cultural resources survey is required. The cultural resources survey must include documentation of any above or below ground archaeological resources as well as any possible historic structures or buildings in the project area. Archaeological monitoring of any proposed geotechnical borings, investigations, or test pits may be included as part of the cultural resources survey. The Sponsor must submit the results of the cultural resources survey to RCO and receive a notice of cultural resources completion. Project actions started without approval will be considered a breach of contract. If archaeological or historic materials are discovered while conducting project activities, work in the immediate vicinity must stop and the Sponsor must ensure compliance with the provisions found in this agreement. All cultural resources work must meet reporting guidelines outlined by the Department of Archaeology and Historic Preservation. AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or the email address listed below: Sponsor Project Contact Jared McDonald 1055 South Grady Way, 5th Floor Renton, WA 98057 jmcdonald@rentonwa.gov RCO Contact John Foltz PO Box 40917 Olympia, WA 98504-0917 john.foltz@rco.wa.gov These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized Representative/Agent, who may or may not be the Project Contact for purposes of notices and communications. ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. AGENDA ITEM #6. j) RCO: 21-1504 Revision Date: 1/31/2025 Page 5 of 20 EFFECTIVE DATE Unless otherwise provided for in this Agreement, this Agreement, for Project 21-1504, shall become effective and binding on the date signed by both the sponsor and the RCO’s authorized representative, whichever is later (Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO. The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT. The signatories listed below represent and warrant their authority to bind the parties to this Agreement. City of Renton By: Date: Name (printed): Title: State of Washington Recreation and Conservation Office By: Date: Megan Duffy Director Recreation and Conservation Office Pre-approved as to form: By:Date:01/31/2025 Assistant Attorney General For: AGENDA ITEM #6. j) RCO Grant Agreement Project Sponsor:City of Renton Project Number:21-1504P Project Title:Panther Creek Barrier Removal - Talbot Road Approval Date:01/15/2025 RCO: 21-1504 Revision Date: 1/31/2025 Page 6 of 20 Eligible Scope Activities ELIGIBLE SCOPE ACTIVITIES Planning Metrics Worksite #1, Talbot Road S - Panther Creek Targeted salmonid ESU/DPS (A.23):Coho Salmon-unidentified ESU, Steelhead-Puget Sound DPS Targeted species (non-ESU species):Searun Cutthroat, Unknown Design for Fish Passage Final design and permitting for fish passage Cultural Resources Cultural resources AGENDA ITEM #6. j) RCO Grant Agreement Project Sponsor:City of Renton Project Number:21-1504P Project Title:Panther Creek Barrier Removal - Talbot Road Approval Date:01/15/2025 RCO: 21-1504 Revision Date: 1/31/2025 Page 7 of 20 Project Milestones PROJECT MILESTONE REPORT Complete Milestone Target Date Comments/Description Project Start 01/15/2025 X Other 03/27/2025 Alternatives Analysis to RCO, as described in Manual 22, Appendix C. Special Conditions Met 04/30/2025 TRT Review and Approval of Alternatives Analysis; see Special Condition. RFP Complete/Consultant Hired 06/01/2025 Progress Report Due 06/30/2025 Annual Project Billing Due 06/30/2025 Cultural Resources 07/31/2025 Cultural Resource Survey sent to RCO; see Special Condition. Cultural Resources Complete 10/31/2025 Consultation on Survey Complete, must occur prior to beginning ground disturbance, including geotech; see Special Condition. Progress Report Due 12/31/2025 Preliminary Design to RCO 03/31/2026 As described in Manual 22, Appendix C. Annual Project Billing Due 06/30/2026 Progress Report Due 06/30/2026 Special Conditions Met 06/30/2026 TRT Review and Approval of Preliminary Design; see Special Condition. Progress Report Due 12/31/2026 Progress Report Due 06/30/2027 Final Billing Due 10/31/2027 Submit before final report. Final Report Due 10/31/2027 With or after final bill. This is the final report in PRISM. Agreement End Date 12/31/2027 AGENDA ITEM #6. j) RCO Grant Agreement Project Sponsor:City of Renton Project Number:21-1504P Project Title:Panther Creek Barrier Removal - Talbot Road Approval Date:01/15/2025 RCO: 21-1504 Revision Date: 1/31/2025 Page 8 of 20 Standard Terms and Conditions of the Recreation and Conservation Office Table of Contents STANDARD TERMS AND CONDITIONS EFFECTIVE DATE......................................................................................................9 CITATIONS, HEADINGS AND DEFINITIONS ..............................................................................................................................9 PERFORMANCE BY THE SPONSOR........................................................................................................................................11 ASSIGNMENT.............................................................................................................................................................................11 RESPONSIBILITY FOR PROJECT.............................................................................................................................................11 INDEMNIFICATION.....................................................................................................................................................................12 INDEPENDENT CAPACITY OF THE SPONSOR.......................................................................................................................12 CONFLICT OF INTEREST..........................................................................................................................................................13 COMPLIANCE WITH APPLICABLE LAW...................................................................................................................................13 ARCHAEOLOGICAL AND CULTURAL RESOURCES...............................................................................................................13 RECORDS...................................................................................................................................................................................14 PROJECT FUNDING...................................................................................................................................................................15 PROJECT REIMBURSEMENTS.................................................................................................................................................15 ADVANCE PAYMENTS...............................................................................................................................................................16 RECOVERY OF PAYMENTS......................................................................................................................................................16 COVENANT AGAINST CONTINGENT FEES.............................................................................................................................16 INCOME (AND FEES) AND USE OF INCOME...........................................................................................................................16 PROCUREMENT REQUIREMENTS...........................................................................................................................................16 RIGHT OF INSPECTION.............................................................................................................................................................17 STEWARDSHIP AND MONITORING .........................................................................................................................................17 ORDER OF PRECEDENCE........................................................................................................................................................17 LIMITATION OF AUTHORITY.....................................................................................................................................................17 WAIVER OF DEFAULT ...............................................................................................................................................................18 APPLICATION REPRESENTATIONS – MISREPRESENTATIONS OR INACCURACY OR BREACH .....................................18 SPECIFIC PERFORMANCE .......................................................................................................................................................18 TERMINATION AND SUSPENSION...........................................................................................................................................18 DISPUTE HEARING....................................................................................................................................................................19 ATTORNEYS’ FEES....................................................................................................................................................................19 GOVERNING LAW/VENUE.........................................................................................................................................................20 SEVERABILITY ...........................................................................................................................................................................20 END OF STANDARD TERMS AND CONDITIONS.....................................................................................................................20 AGENDA ITEM #6. j) RCO: 21-1504 Revision Date: 1/31/2025 Page 9 of 20 STANDARD TERMS AND CONDITIONS EFFECTIVE DATE This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 02/05/2025. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the effective date of any amendment thereto. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: Agreement, terms of the Agreement, or project agreement – The document entitled “RCO GRANT AGREEMENT” accepted by all parties to the present project and transaction, including without limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement subject to any limitations on their effect under this Agreement. applicable manual(s), manual – A manual designated in this Agreement to apply as terms of this Agreement, subject (if applicable) to substitution of the “RCO director” for the term “board” in those manuals where the project is not approved by or funded by the referenced board, or a predecessor to the board. applicable WAC(s) – Designated chapters or provisions of the Washington Administrative Code that apply by their terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement, subject to substitution of the “RCO director” for the term “board” or “agency” in those cases where the RCO has contracted to or been delegated to administer the grant program in question. applicant – Any party, prior to becoming a Sponsor, who meets the qualifying standards/eligibility requirements for the grant application or request for funds in question. application – The documents and other materials that an applicant submits to the RCO to support the applicant’s request for grant funds; this includes materials required for the “Application” in the RCO’s automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. Authorized Representative/Agent – A Sponsor’s agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor’s signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. C.F.R. – Code of Federal Regulations completed project or project completion – The status of a project when all of the following have occurred: The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. A final project report is submitted to and accepted by RCO. Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. A final reimbursement request has been delivered to and paid by RCO. Documents affecting property rights (including RCO’s as may apply) and any applicable notice of grant, have been recorded (as may apply). contractor – An entity that receives a contract from a Sponsor related to performance of work or another obligation under this Agreement. Cultural Resources – Archaeological or historic archaeological sites, historic buildings/structures, and cultural or sacred places. director – The chief executive officer of the Recreation and Conservation Office or that person’s designee. effective date – The date when the signatures of all parties to this agreement are present in the agreement. equipment – Tangible personal property (including information technology systems) having a useful service life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level AGENDA ITEM #6. j) RCO: 21-1504 Revision Date: 1/31/2025 Page 10 of 20 established by the Sponsor or $5,000 (2 C.F.R. Part 200 (as updated)). Funding Entity – the entity that approves the project that is the subject to this Agreement. grant program – The source of the grant funds received. May be an account in the state treasury, or a grant category within a larger grant program, or a federal source. long-term obligations – Sponsor’s obligations after the project end date, as specified in the Agreement and manuals and other exhibits as may apply. landowner agreement – An agreement that is required between a Sponsor and landowner for projects located on land not owned, or otherwise controlled, by the Sponsor. match or matching share – The portion of the total project cost provided by the Sponsor. milestone – An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. Office – Means the Recreation and Conservation Office or RCO. pass-through entity – A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 CFR 200 (as updated)). If this Agreement is a federal subaward, RCO is the pass-through entity. period of performance – The period beginning on the project start date and ending on the project end date. planning project - A project that results in one or more of the following: 1) a study, a plan, assessment, project design, inventory, construction plans and specifications, and permits; or 2) a project that provides money to facilitate the work of an organization engaged in planning and coordination, or resource stewardship. pre-agreement cost – A project cost incurred before the period of performance. primary Sponsor – The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer the grant. Administration includes but is not limited to acting as the fiscal agent for the grant (e.g. requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its officers, employees, agents and successors. project – The undertaking that is funded by this Agreement either in whole or in part with funds administered by RCO. project area – The area consistent with the geographic limits of the scope of work of the project and subject to project agreement requirements. For restoration projects, the project area must include the physical limits of the project's final site plans or final design plans. For acquisition projects, the project area must include the area described by the legal description of the properties acquired for or committed to the project. project completion or completed project – The status of a project when all of the following have occurred: The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. A final project report is submitted to and accepted by RCO. Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. A final reimbursement request has been delivered to and paid by RCO. Documents affecting property rights (including RCO’s as may apply) and any applicable notice of grant, have been recorded (as may apply). project cost – The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third-party contributions (see also 2 C.F.R. Part 200 (as updated)) for federally funded projects). project end date – The specific date identified in the Agreement on which the period of performance ends, as may be changed by amendment. This date is not the end date for any long-term obligations. project start date – The specific date identified in the Agreement on which the period of performance starts. RCO – Recreation and Conservation Office – The state agency that administers the grant that is the subject of this Agreement. RCO includes the director and staff. AGENDA ITEM #6. j) RCO: 21-1504 Revision Date: 1/31/2025 Page 11 of 20 RCW – Revised Code of Washington reimbursement – RCO’s payment of funds from eligible and allowable costs that have already been paid by the Sponsor per the terms of the Agreement. renovation project – A project intended to improve an existing site or structure in order to increase its useful service life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for its originally expected useful service life. secondary Sponsor – One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may be the fiscal agent for the project. Sponsor – A Sponsor is an organization that is listed in and has signed this Agreement. Sponsor Authorized Representative/Agent – A Sponsor’s agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. subaward – Funds allocated to the RCO from another organization, for which RCO makes available to or assigns to another organization via this Agreement. Also, a subaward may be an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal or other program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Also see 2 C.F.R. Part 200 (as updated). For federal subawards, a subaward is for the purpose of carrying out a portion of a Federal award and creates a federal assistance relationship with the subrecipient (2 C.F.R. Part 200 (as updated)). If this Agreement is a federal subaward, the subaward amount is the grant program amount in the Project Funding Section. subrecipient – Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency (2 C.F.R. Part 200 (as updated)). If this Agreement is a federal subaward, the Sponsor is the subrecipient. tribal consultation – Outreach, and consultation with one or more federally recognized tribes (or a partnership or coalition or consortium of such tribes, or a private tribal enterprise) whose rights will or may be significantly affected by the proposed project. This includes sharing with potentially-affected tribes the scope of work in the grant and potential impacts to natural areas, natural resources, and the built environment by the project. It also includes responding to any tribal request from such tribes and considering tribal recommendations for project implementation which may include not proceeding with parts of the project, altering the project concept and design, or relocating the project or not implementing the project, all of which RCO shall have the final approval of. useful service life – Period during which a built asset, equipment, or fixture is expected to be useable for the purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement. WAC – Washington Administrative Code. PERFORMANCE BY THE SPONSOR The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the RCO (to include any RCO approved changes or amendments thereto). All submitted documents are incorporated by this reference as if fully set forth herein. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without prior written approval of the RCO. Sponsor shall not sell, give, or otherwise assign to another party any property right, or alter a conveyance (see below) for the project area acquired with this grant without prior approval of the RCO. RESPONSIBILITY FOR PROJECT Although RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of the Sponsor. The RCO and Funding Entity (if different from the RCO) undertakes no responsibilities to the Sponsor, or to any AGENDA ITEM #6. j) RCO: 21-1504 Revision Date: 1/31/2025 Page 12 of 20 third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project has more than one Sponsor, any and all Sponsors are equally responsible for the project and all post-completion stewardship responsibilities and long-term obligations unless otherwise stated in this Agreement. The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others with expertise or authority. In this respect, the RCO, its employees, assigns, consultants and contractors, and any funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the project apparently is proceeding or has been completed as per the Agreement. INDEMNIFICATION The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection with this Agreement (including without limitation all work or activities thereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor’s agents, employees, contractors, subcontractors, or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State is vicariously liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Sponsor or the Sponsor’s agents or employees, and (b) the State, or its employees or agents the indemnity obligation shall be valid and enforceable only to the extent of the Sponsor’s negligence or its agents, or employees. As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the Sponsor’s own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor’s waiver of immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, any claims by Sponsor’s employees directly against Sponsor. Sponsor shall ensure that any agreement relating to this project involving any contractors, subcontractors and/or vendors of any tier shall require that the contracting entity indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as provided herein as if it were the Sponsor. This shall not apply to a contractor or subcontractor is solely donating its services to the project without compensation or other substantial consideration. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the Sponsor or the Sponsor’s agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the State’s, its agents’, officers’ and employees’ failure to comply with specific written instructions regarding use provided to the State, its agents, officers and employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. INDEPENDENT CAPACITY OF THE SPONSOR The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. AGENDA ITEM #6. j) RCO: 21-1504 Revision Date: 1/31/2025 Page 13 of 20 CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. COMPLIANCE WITH APPLICABLE LAW In implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws (including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes, without any limitation as to other applicable laws, the following laws: A.Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Employment Act (if applicable). In the event of the Sponsor’s noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is responsible for any and all costs or liability arising from the Sponsor’s failure to so comply with applicable law. Except where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies.” B.Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities, worship, or instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or instruction may be a minor use of the grant supported recreation and conservation land or facility. C.Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State Department of Labor and Industries. 1) Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative statement of the contractor’s or subcontractor’s intent. Unless required by law, the Sponsor is not required to investigate a statement regarding prevailing wage provided by a contractor or subcontractor. D.Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. E.Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on Washington State Department of Labor and Industries’ “Debarred Contractor List.” ARCHAEOLOGICAL AND CULTURAL RESOURCES A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources, except as those listed below. The Sponsor shall follow RCO guidance and directives to assist it with such review as may apply. 1)Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects occurring on State or Federal Agency owned or managed lands, will be the responsibility of the respective agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially AGENDA ITEM #6. j) RCO: 21-1504 Revision Date: 1/31/2025 Page 14 of 20 historic or culturally significant structure, or release of final payments on an acquisition, the Sponsor must provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and cultural resources responsibilities of such state or federal landowner or manager has been conducted. B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and cultural resources. C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources completion. RCO may require on-site monitoring for impacts to archaeology and cultural resources during any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology and cultural resource impacts or concerns. All cultural resources requirements for non ground disturbing projects (such as acquisition or planning projects) must be met prior to final reimbursement. D. Compliance and Indemnification. At all times, the Sponsor shall take reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic resources in the project area, and comply with any RCO direction for such minimization and mitigation. All federal or state cultural resources requirements under Governor’s Executive Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the National Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any work on the project site. The Sponsor must agree to indemnify and hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the project funded under this Agreement. Sponsor shall comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for reimbursement under this agreement. Costs that exceed the budget grant amount shall be the responsibility of the Sponsor. F. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery Plan, and: 1) Keep the IDP at the project site. 2) Make the IDP readily available to anyone working at the project site. 3) Discuss the IDP with staff and contractors working at the project site. 4) Implement the IDP when cultural resources or human remains are found at the project site. G. Inadvertent Discovery 1) If any archaeological or historic resources are found while conducting work under this Agreement, the Sponsor shall immediately stop work and notify RCO, the Department of Archaeology and Historic Preservation at (360) 586-3064, and any affected Tribe, and stop any activity that may cause further disturbance to the archeological or historic resources. 2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, and then RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains. Sponsor shall secure the area of the find will and protect the remains from further disturbance until the State provides a new notice to proceed. a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by the Department of Archaeology and Historic Preservation (DAHP). b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non- Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. RECORDS A.Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded project site in a format specified by the RCO. AGENDA ITEM #6. j) RCO: 21-1504 Revision Date: 1/31/2025 Page 15 of 20 B.Maintenance and Retention. The Sponsor shall maintain books, records, documents, data and other records relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit is started before the expiration of the nine (9) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. C.Access to Records and Data. At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the Sponsor’s reports, including computer models and methodology for those models. D.Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04 (which ever applies). Additionally, the Sponsor agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such record to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state’s defense of such claims. PROJECT FUNDING A.Authority. This Agreement and funding is made available to Sponsor through the RCO. B.Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and incorporated by written amendment into this Agreement. C.Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. D.After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO or Funding Entity may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. PROJECT REIMBURSEMENTS A.Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12, whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement only after (1) this Agreement has been fully executed and (2) the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a donation used as part of its matching share. RCO does not reimburse for donations. All reimbursement requests must include proper documentation of expenditures as required by RCO. B.Reimbursement Request Frequency. The primary Sponsor is required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding reimbursement requirements. C.Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the Sponsor. AGENDA ITEM #6. j) RCO: 21-1504 Revision Date: 1/31/2025 Page 16 of 20 D.Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the grant to the Sponsor until the following has occurred: 1) RCO has accepted the project as a completed project, which acceptance shall not be unreasonably withheld. 2) On-site signs are in place (if applicable); Any other required documents and media are complete and submitted to RCO;Grant related fiscal transactions are complete, and ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO director and are consistent with legal requirements and Manual 8: Reimbursements. RECOVERY OF PAYMENTS A.Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, fails to meet its percentage of the project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. B.Return of Overpayments. The Sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time the Sponsor received such overpayment. Unless the overpayment is due to an error of RCO, the payment shall be due and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of RCO, it shall be due and owing 30 days after demand by RCO for refund. COVENANT AGAINST CONTINGENT FEES The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the Sponsor, to terminate this Agreement and to be reimbursed by Sponsor for any grant funds paid to Sponsor (even if such funds have been subsequently paid to an agent), without liability to RCO or, in RCO's discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. INCOME (AND FEES) AND USE OF INCOME A.Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement and any applicable manuals, RCWs, and WACs. B.Use of Income. Subject to any limitations contained in applicable state or federal law, any needed approvals of RCO, and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, rent, franchise fees, ecosystem services, carbon offsets sequestration, etc.) during or after the reimbursement period cited in the Agreement, must be used to offset: 1) The Sponsor’s matching resources; 2) The project’s total cost; 3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the grant funding; 4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor’s system; 5) Capital expenses for similar acquisition and/or development and renovation; and/or 6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement. PROCUREMENT REQUIREMENTS A.Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and AGENDA ITEM #6. j) RCO: 21-1504 Revision Date: 1/31/2025 Page 17 of 20 retained. If no such process exists, the Sponsor must follow these minimum procedures: 1) Publish a notice to the public requesting bids/proposals for the project; 2) Specify in the notice the date for submittal of bids/proposals; 3) Specify in the notice the general procedure and criteria for selection; and 4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be repeated until a suitable bid is selected. 5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer. Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. RIGHT OF INSPECTION The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure limits access to the project area, it must include (or be amended to include) the RCO’s right to inspect and access lands acquired or developed with this funding assistance. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict between the terms of this Agreement and any applicable statute, rule, or policy or procedure, the conflict shall be resolved by giving precedence in the following order: A. Federal law and binding executive orders; B. Code of federal regulations; C. Terms and conditions of a grant award to the state from the federal government; D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal law; E. State Constitution, RCW, and WAC; F. Agreement Terms and Conditions and Applicable Manuals; G. Applicable deed restrictions, and/or governing documents. LIMITATION OF AUTHORITY Only RCO’s Director or RCO’s delegate authorized in writing (delegation to be made prior to action) shall have the authority to alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate. AGENDA ITEM #6. j) RCO: 21-1504 Revision Date: 1/31/2025 Page 18 of 20 WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director’s designee, and attached as an amendment to the original Agreement. APPLICATION REPRESENTATIONS – MISREPRESENTATIONS OR INACCURACY OR BREACH The Funding Entity (if different from RCO) and RCO rely on the Sponsor’s application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SPECIFIC PERFORMANCE RCO may, at it's discretion, enforce this Agreement by the remedy of specific performance, which means Sponsors’ completion of the project and/or its completion of long-term obligations as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be deemed exclusive. The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment of the grant amount paid and damages. TERMINATION AND SUSPENSION The RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. § 200 (as updated). A.For Cause. 1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this Agreement: a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement; b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines; or c) If the primary and secondary Sponsor(s) cannot mutually agree on the process and actions needed to implement the project; 2) Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action is not taken within 30 days or such other time period that the director approves in writing, the Agreement may be terminated. In the event of termination, the Sponsor shall be liable for damages or other relief as authorized by law and/or this Agreement. 3) RCO reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract. B.For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a "Termination for Convenience" if it is determined that: 1) The Sponsor was not in default; or 2) Failure to perform was outside Sponsor’s control, fault or negligence. C.Rights and Remedies of the RCO. 1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. AGENDA ITEM #6. j) RCO: 21-1504 Revision Date: 1/31/2025 Page 19 of 20 2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law, the director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for substantially the entire period of performance and of long-term obligation. D.Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO’s obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor. 1)Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon the state appropriating state and federal funding each biennium. In the event the state is unable to appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the Agreement, with ten (10) days written notice, until such time funds are appropriated. Suspension will mean all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides notice to continue work. 2)No Waiver. The failure or neglect of RCO to require strict compliance with any term of this Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law and regulations. DISPUTE HEARING Except as may otherwise be provided in this Agreement , when a dispute arises between the Sponsor and the RCO, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party’s request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The Sponsor’s name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the persons chosen by the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a third person. This process shall be repeated until a three person panel is established. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. ATTORNEYS’ FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and attorneys' fees. AGENDA ITEM #6. j) RCO: 21-1504 Revision Date: 1/31/2025 Page 20 of 20 GOVERNING LAW/VENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington and agrees to venue as set forth above. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. END OF STANDARD TERMS AND CONDITIONS This is the end of the Standard Terms and Conditions of the Agreement. AGENDA ITEM #6. j) 1,200 100 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. 11/3/2022 Legend 68034 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet Notes 68 WGS_1984_Web_Mercator_Auxiliary_Sphere Jared McDonald jmcdonald@rentonwa.gov City and County Labels Addresses Parcels City and County Boundary <all other values> Renton Renton Fire Hydrant System Valve Opened Closed Control Valve Water Fitting Water Gravity Pipe Water Main Water Main - Other System Water Lateral Line Domestic Fire Hydrant Irrigation Network Structures Access Riser Inlet Manhole Utility Vault Clean Out project area FIG. 1: PROJECT AREA Panther Creek at Talbot Rd S. Culvert ReplacementAGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AB - 3832 City Council Regular Meeting - 19 May 2025 SUBJECT/TITLE: Bid Award - Maplewood Creek & Madsen Creek Sediment Basin Cleaning Project 2025-2026 Construction Contract CAG-25-110, Project No. SWP-27-2057 RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Troy Solly, Surface Water Engineer EXT.: 7313 FISCAL IMPACT SUMMARY: The low bid submitted by OMA Construction Inc. In the amount of $435,155.40 is under the engineer’s estimate of $545,080.54 by $112,925.14 (21%). The proposed Q1 adjusted 2025 Surface Water Utility Capital Improvement Program budget for the Sediment Basin Cleaning Project 2025-2026 (account 427.475050) is $443,606. An additional $150,000 is programmed in 2026 brings the total budget of the project over the duration of the contract to $593,606. As such, there are sufficient funds in the Surface Water Capital Improvement program to fund the Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 construction contract. SUMMARY OF ACTION: TheMaplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026will remove accumulated sediment from the Maplewood Creek Sediment Basin and Madsen Creek Sediment Basins in 2025 and 2026. The work includes the construction of flow bypass systems;removal, haul, and disposal of sediment off- site;placement of gravel and removal of vegetation in Maplewood Creek;removal of bypass systems; and restoration and cleanup at each site. Bids for the construction of this project were received and opened on Thursday, May1, 2025. A total of 4 bids were submitted and the bid amounts are summarized below. Bid submitted by Bid amount Engineers Estimate $545,080.54 OMA Construction, Inc. $432,155.40 Sierra Pacific Construction, LLC $487,210.80 Northwest Cascade, Inc. $1,033.014.65 A1 Landscaping & Construction, Inc. $1,185,476.83 City policy 250-02 allows for the bid award to be placed on the Council consent agenda with Council concur as the recommended action, if all the following 3 criteria are met: 1. The lowest responsible bid is within the project budget. 2. More than one bid was received. AGENDA ITEM #6. k) 3. The bid contained no significant irregularities. The bids submitted for the project, including the bid byOMA Construction, Inc., meets all three criteria in policy 250-02. The Surface Water Utility project manager has reviewed the submitted bid and determined that the bid is responsive and that OMA Construction, Inc. is a responsible bidder as defined in RCW 39.04.350, in Renton City policy 250-02 and in section 1-02.14 of the project specifications. The surety has confirmed that the bid bond submitted by OMA Construction, Inc. is valid. The bidder’s provided references have been contacted,and it was determined that they have the required experience and expertise to perform the project. OMA Construction, Inc. has successfully completed excavationprojects with King County, the City of Issaquah, and the City of Kent. Enclosed is the engineer’s bid tabulation and the completed bid assessment form. EXHIBITS: A. Final Bid Tab B. Bidder Assessment C. City Clerk Bid Tab STAFF RECOMMENDATION: Award the contractCAG-25-110 to the lowest responsive and responsible bidder, OMA Construction Inc. in the amount of $432,155.40 for the construction of the Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 and authorize the mayor and city clerk to execute the contract. AGENDA ITEM #6. k) CAG-25-110 Project MAPLEWOOD CREEK AND MADSEN CREEK SEDIMENT BASIN CLEANING PROJECT 2025-2026 BID OPENING DATE:05/01/2025 Item No.Description Unit Quantity Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Year 1 - 2025 Schedule A - Maplewood Creek Sediment Basin A-1 Mobilization Lump Sum 1 14,000.00$ 14,000.00$ 10,000.00$ 10,000.00$ 30,000.00$ 30,000.00$ 48,000.00$ 48,000.00$ 35,440.00$ 35,440.00$ A-2 Construction Surveying, Staking, As-builts Lump Sum 1 2,000.00$ 2,000.00$ 10,000.00$ 10,000.00$ 2,000.00$ 2,000.00$ 4,500.00$ 4,500.00$ 19,870.00$ 19,870.00$ A-3 Construct Bypass Dam, Diversion, Fish Rescue, and Drain Sediment Basin Lump Sum 1 7,500.00$ 7,500.00$ 10,000.00$ 10,000.00$ 7,500.00$ 7,500.00$ 41,000.00$ 41,000.00$ 108,700.00$ 108,700.00$ A-4 Remove, Haul, and Dispose of Sediment Lump Sum 1 95,000.00$ 95,000.00$ 50,000.00$ 50,000.00$ 75,000.00$ 75,000.00$ 6,400.00$ 6,400.00$ 116,400.00$ 116,400.00$ A-5 Refill Basin, Remove Dam, Restore Bank Lump Sum 1 6,000.00$ 6,000.00$ 30,000.00$ 30,000.00$ 7,500.00$ 7,500.00$ 12,100.00$ 12,100.00$ 77,870.00$ 77,870.00$ A-6 Channel Vegetation and Sediment Removal SF 500 35.00$ 17,500.00$ 5.00$ 2,500.00$ 10.00$ 5,000.00$ 52.00$ 26,000.00$ 45.00$ 22,500.00$ A-7 Hydroseeding SF 4000 0.45$ 1,800.00$ 0.50$ 2,000.00$ 0.50$ 2,000.00$ 5.00$ 20,000.00$ 1.00$ 4,000.00$ A-8 Remove and Replace Plywood Cover over 42-inch Dia. Pipe Lump Sum 1 1,800.00$ 1,800.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 950.00$ 950.00$ 21,540.00$ 21,540.00$ A-9 Minor Changes Est 1 4,500.00$ 4,500.00$ 4,500.00$ 4,500.00$ 4,500.00$ 4,500.00$ 4,500.00$ 4,500.00$ 4,500.00$ 4,500.00$ Subtotal A 150,100.00$ 120,000.00$ 134,500.00$ 163,450.00$ 410,820.00$ Sales Tax 10.3%15,460.30$ 12,360.00$ 13,853.50$ 16,835.35$ 42,314.46$ Total A 165,560.30$ 132,360.00$ 148,353.50$ 180,285.35$ 453,134.46$ Schedule B - Madsen Creek Sediment Basin B-1 Lump Sum 1 7,500.00$ 7,500.00$ 10,000.00$ 10,000.00$ 15,000.00$ 15,000.00$ 30,000.00$ 30,000.00$ 29,870.00$ 29,870.00$ B-2 Lump Sum 1 2,000.00$ 2,000.00$ 5,000.00$ 5,000.00$ 2,000.00$ 2,000.00$ 4,500.00$ 4,500.00$ 16,450.00$ 16,450.00$ B-3 Lump Sum 1 7,500.00$ 7,500.00$ 5,000.00$ 5,000.00$ 7,500.00$ 7,500.00$ 176,000.00$ 176,000.00$ 103,100.00$ 103,100.00$ B-4 Lump Sum 1 75,000.00$ 75,000.00$ 35,000.00$ 35,000.00$ 75,000.00$ 75,000.00$ 50,000.00$ 50,000.00$ 106,780.00$ 106,780.00$ B-5 Lump Sum 1 6,000.00$ 6,000.00$ 5,000.00$ 5,000.00$ 7,500.00$ 7,500.00$ 19,000.00$ 19,000.00$ 31,445.00$ 31,445.00$ B-6 SF 4,200 0.45$ 1,890.00$ 0.50$ 2,100.00$ 0.50$ 2,100.00$ 5.00$ 21,000.00$ 1.00$ 4,200.00$ B-7 Est 1 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ Subtotal B 103,890.00$ 66,100.00$ 113,100.00$ 304,500.00$ 295,845.00$ Sales Tax 10.3%10,700.67$ 6,808.30$ 11,649.30$ 31,363.50$ 30,472.04$ Total B 114,590.67$ 72,908.30$ 124,749.30$ 335,863.50$ 326,317.04$ Year 2 - 2026 Schedule C - Maplewood Creek Sediment Basin C-1 Lump Sum 1 14,000.00$ 14,000.00$ 5,000.00$ 5,000.00$ 15,000.00$ 15,000.00$ 30,000.00$ 30,000.00$ 19,780.00$ 19,780.00$ C-2 Lump Sum 1 2,000.00$ 2,000.00$ 7,500.00$ 7,500.00$ 2,000.00$ 2,000.00$ 4,500.00$ 4,500.00$ 5,540.00$ 5,540.00$ C-3 Lump Sum 1 8,000.00$ 8,000.00$ 15,000.00$ 15,000.00$ 7,500.00$ 7,500.00$ 37,000.00$ 37,000.00$ 77,500.00$ 77,500.00$ C-4 Lump Sum 1 80,000.00$ 80,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 9,000.00$ 9,000.00$ 45,870.00$ 45,870.00$ C-5 Lump Sum 1 6,000.00$ 6,000.00$ 10,000.00$ 10,000.00$ 7,500.00$ 7,500.00$ 14,000.00$ 14,000.00$ 24,540.00$ 24,540.00$ C-6 Ton 10 650.00$ 6,500.00$ 1,000.00$ 10,000.00$ 100.00$ 1,000.00$ 155.00$ 1,550.00$ 120.00$ 1,200.00$ C-7 Ton 10 650.00$ 6,500.00$ 500.00$ 5,000.00$ 100.00$ 1,000.00$ 155.00$ 1,550.00$ 135.00$ 1,350.00$ C-8 SF 400 30.00$ 12,000.00$ 10.00$ 4,000.00$ 10.00$ 4,000.00$ 45.00$ 18,000.00$ 15.00$ 6,000.00$ C-9 SF 4,000 0.45$ 1,800.00$ 1.00$ 4,000.00$ 0.50$ 2,000.00$ 5.00$ 20,000.00$ 2.00$ 8,000.00$ C-10 Est 1 4,500.00$ 4,500.00$ 4,500.00$ 4,500.00$ 4,500.00$ 4,500.00$ 4,500.00$ 4,500.00$ 4,500.00$ 4,500.00$ Subtotal C 141,300.00$ 140,000.00$ 119,500.00$ 140,100.00$ 194,280.00$ Sales Tax 10.3%14,553.90$ 14,420.00$ 12,308.50$ 14,430.30$ 20,010.84$ Total C 155,853.90$ 154,420.00$ 131,808.50$ 154,530.30$ 214,290.84$ Schedule D - Madsen Creek Sediment Basin D-1 Lump Sum 1 7,500.00$ 7,500.00$ 10,000.00$ 10,000.00$ 15,000.00$ 15,000.00$ 30,000.00$ 30,000.00$ 18,700.00$ 18,700.00$ D-2 Lump Sum 1 2,000.00$ 2,000.00$ 7,500.00$ 7,500.00$ 2,000.00$ 2,000.00$ 4,500.00$ 4,500.00$ 3,870.00$ 3,870.00$ D-3 Lump Sum 1 7,500.00$ 7,500.00$ 10,000.00$ 10,000.00$ 7,500.00$ 7,500.00$ 175,000.00$ 175,000.00$ 41,540.00$ 41,540.00$ D-4 Lump Sum 1 70,000.00$ 70,000.00$ 25,000.00$ 25,000.00$ 36,514.23$ 36,514.23$ 76,000.00$ 76,000.00$ 77,540.00$ 77,540.00$ D-5 Lump Sum 1 6,000.00$ 6,000.00$ 5,000.00$ 5,000.00$ 7,500.00$ 7,500.00$ 18,000.00$ 18,000.00$ 19,780.00$ 19,780.00$ D-6 SF 4,200 0.45$ 1,890.00$ 1.00$ 4,200.00$ 0.50$ 2,100.00$ 5.00$ 21,000.00$ 2.00$ 8,400.00$ D-7 Est 1 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ Subtotal D 98,890.00$ 65,700.00$ 74,614.23$ 328,500.00$ 173,830.00$ Sales Tax 10.3%10,185.67$ 6,767.10$ 7,685.27$ 33,835.50$ 17,904.49$ Total D 109,075.67$ 72,467.10$ 82,299.50$ 362,335.50$ 191,734.49$ Total of Schedules A, B, C & D 545,080.54$ 432,155.40$ 487,210.80$ 1,033,014.65$ 1,185,476.83$ *Error on Schedule of Prices. Corrected values shown. Construction Surveying, Staking, As-builts Construct Bypass Dam, Diversion, Fish Rescue, and Drain Basin Remove, Haul, and Dispose of Sediment Refill Basin, Remove Dam, Restore Bank Hydroseeding Minor Changes Gravel Placement – Details 1, Upstream of Flow Splitter Gravel Placement – Detail 2, Downstream of Flow Splitter Channel Vegetation and Sediment Removal Hydroseeding Minor Changes Mobilization Minor Changes Mobilization Construction Surveying, Staking, As-builts Construct Bypass Dam, Diversion, Fish Rescue, and Drain Sediment Basin Remove, Haul, and Dispose of Sediment Refill Basin, Remove Dam, Restore Bank Mobilization Construction Surveying, Staking, As-builts Construct Bypass Dam, Diversion, Fish Rescue, and Drain Basin Remove, Haul, and Dispose of Sediment Refill Basin, Remove Dam, Restore Bank Hydroseeding City of Renton Engineer's Estimate OMA Construction, Inc.Sierra Pacific Construction, LLC Northwest Cascade, Inc.A-1 Landscaping and Construction, Inc. AG E N D A I T E M # 6 . k ) Item Description Determination 1.A Proposal will be considered irregular and will be rejected if:Criteria Met (Per Below) 1.a.The bidder is not prequalified when so required;Not applicable 1.b.The bidder adds provisions reserving the right to reject or accept the award, or enter into the Contract; No edits to proposal conditions 1.c.A price per unit cannot be determined from the bid proposal;Price per unit clearly identified 1.d.The proposal form is not properly executed;Proposal form properly executed 1.e.The Bidder fails to submit or properly complete a subcontractor list (WSDOT Form 271- 015), if applicable, as required in Section 1-02.6;Not applicable 1.f.The Bidder fails to submit or properly complete a Disadvantaged Business Enterprise Certification (WSDOT Form 272-056), if applicable, as required in Section 1-02.6; Not applicable 1.g. The Bidder fails to submit Written Confirmations (WSDOT Form 422-031) from each DBE firm listed on the Bidder’s completed DBE Utilization Certification that they are in agreement with the bidder’s DBE participation commitment, if applicable, as required in Section 1-02.6, or if the written confirmation that is submitted fails to meet the requirements of the Special Provisions; Not applicable 1.h. The Bidder fails to submit DBE Good Faith Effort documentation, if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to demonstrate that a Good Faith Effort to meet the Condition of Award in accordance with Section 1-07.11; Not applicable 1.i. The Bidder fails to submit a DBE Bid Item Breakdown (WSDOT Form 272-054), if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to meet the requirements of the Special Provisions; Not applicable 1.j. The Bidder fails to submit the Bidder Questionnaire (DOT Form 272-022), if applicable as required by Section 1-02.6, or if the documentation that is submitted fails to meet the requirements of the Special Provisions; or Not applicable 1.k.The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation. Proposal constitutes a definite and unqualified offer MAPLEWOOD CREEK & MADSEN CREEK SEDIMENT BASIN CLEANING PROJECT 2025-2026 Bidder Assessment CAG-25-110 Bid Opening: May 1, 2025 Bidder: OMA Construction, Inc. L&I Doing Business As (DBA): O M A Construction, INC City Special Provisions 1-02.13 Irregular Proposals WA UBI No.: 601 872 128 License No.: OMACOI*023L6 Entity Type: Corporation CAG-25-110 Bidder Assessment Page 1 of 4 AGENDA ITEM #6. k) 2.A Proposal may be considered irregular and may be rejected if:Criteria Met (Per Below) 2.a.The Proposal does not include a unit price for every Bid item;Unit price included for every bid item 2.b.Any of the unit prices are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential detriment of the Contracting Agency; All unit prices considered reasonable and balanced 2.c.The authorized Proposal Form furnished by the Contracting Agency is not used or is altered; Authorized proposal form used 2.d.The completed Proposal form contains unauthorized additions, deletions, alternate Bids, or conditions; No evidence that members of a joint venture or partnership submitted multiple proposals 2.e.Receipt of Addenda is not acknowledged; No addenda issued, Receipt of Addenda form completed and submitted 2.f.A member of a joint venture or partnership and the joint venture or partnership submit Proposals for the same project (in such an instance, both Bids may be rejected); or No evidence that members of a joint venture or partnership submitted multiple proposals 2.g.If Proposal form entries are not made in ink.Proposal form entries made in ink Item Description Determination Criteria Met (Per Below) 1 More than one proposal is submitted for the same project from a bidder under the same or different names; One proposal submitted 2 Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be restricted from submitting further bids; No evidence of collusion 3 A Bidder is not prequalified for the Work or to the full extent of the bid;Bidder considered to be qualified 4 An unsatisfactory performance record exists based on past or current Contracting Agency Work; No evidence of unsatisfactory performance 5 There is uncompleted Work (Contracting Agency or otherwise) which might hinder or prevent the prompt completion of the Work bid upon; No evidence of uncompleted work A bidder may be deemed not responsible and the proposal rejected if: City Special Provisions 1-02.14 Disqualification of Bidder CAG-25-110 Bidder Assessment Page 2 of 4 AGENDA ITEM #6. k) 6 The Bidder failed to settle bills for labor or materials on past or current Contracts; No evidence of unsettled bills 7 The Bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract; No evidence of failure to complete a public contract 8 The Bidder is unable, financially or otherwise, to perform the Work; No evidence of inability to perform the Work 9 A Bidder is not authorized to do business in the State of Washington; or Meets current requirements Per L&I 10 There are any other reasons deemed proper by the Contracting Agency. No other reasons for rejection Item Description Determination RCW 39.04.350 (1) Before award of a public works contract, a bidder must meet the following responsibility criteria to be considered a responsible bidder and qualified to be awarded a public works project. The bidder must: Criteria Met (Per Below) YES L&I Acct ID: 978,446-01 Account is CURRENT (1)(b)Have a current state unified business identifier number;WA UBI: 601 872 128 If applicable, have industrial insurance coverage for the bidder's employees working in Washington as required in Title 51 RCW; Meets current requirements Per L&I an employment security department number as required in Title 50 RCW;Registered with ESD and a state excise tax registration number as required in Title 82 RCW; Excise Tax Acct ID: 601-872-128 Per DOR (1)(d)Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3); No debarments have been issued against this contractor Per L&I (1)(a)At the time of bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW; (1)(c) RCW 39.04.350 CAG-25-110 Bidder Assessment Page 3 of 4 AGENDA ITEM #6. k) (1)(e) If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation; OMA Construction, Inc. have not been found out of compliance by the Washington state apprenticeship and training council. (1)(f) Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW. The bidder must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. The department, in consultation with the prevailing wage advisory committee, must determine the length of the training. Bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more years are exempt from this subsection. The department of labor and industries must keep records of entities that have satisfied the training requirement or are exempt and make the records available on its web site. Responsible parties may rely on the records made available by the department regarding satisfaction of the training requirement or exemption; and Exempt from this requirement Per L&I (1)(g) Within the three-year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW. No lawsuits against the bond or savings accounts during the previous 6 year period, per L&I (2) Before award of a public works contract, a bidder shall submit to the contracting agency a signed statement in accordance with chapter 5.50 RCW verifying under penalty of perjury that the bidder is in compliance with the responsible bidder criteria requirement of subsection (1)(g) of this section. A contracting agency may award a contract in reasonable reliance upon such a sworn statement. Form submitted with bid. Signed by authorized person Brandon Akers, Vice President of OMA Construction, Inc. CAG-25-110 Bidder Assessment Page 4 of 4 AGENDA ITEM #6. k) REFERENCE CHECK#1 FOR OMA Construction, Inc Client King County Project 244th Ave NE Slide Repair Project Project Amount $1,950,595.00 Year 2024 Contact Fabia Fu 206-348-7193 ffu@kingcounty.gov Location Unincorporated King County, near Sammamish Type of Work Pile Driving / Utilities / Roadway OMA Construction Project Manager Pat Carroll Satisfied with their performance?Yes Uncompleted work or unsettled bills?No Other concerns?No Date of Response 04/01/2025 REFERENCE CHECK#2 FOR OMA Construction, Inc Client City of Issaquah Project Lower Issaquah Creek Stream and Riparian Habitat Enhancement Project Project Amount $1,950,000.00 Year 2022 Contact Allen Quynn 425-837-3439 Allenq@issaquahwa.gov Location Lower Issaquah Creek, Issaquah Type of Work Creek Remediation / Mass Excavation / Log Structures Installation OMA Construction Project Manager Pat Carroll Satisfied with their performance?Yes Uncompleted work or unsettled bills?No Other concerns?No Date of Response 03/27/2025 REFERENCE CHECK#3 FOR OMA Construction, Inc Client City of Kent Project Willis Street Improvements Project Amount $2,250,000.00 Year 2022 Contact Bryan Higgens 206-348-4957 Bhiggins@kentwa.gov Location Willis Street (SR 516) Kent Type of Work Structures / Roadway OMA Construction Project Manager Pat Carroll Satisfied with their performance?Yes Uncompleted work or unsettled bills?No Other concerns?No Date of Response 03/31/2025 BID BOND VERIFICATION FOR OMA Construction, Inc Bond Company Name Nationwide Mutual Insurance Company Bond Company Contact Charla Boadle Bid Amount $432,155.40 Minimum Bond Amount Required $21,607.77 Verification Verified on 5/5/2025 with Charla Boadle at Propel Insurance Note: Reference checks were recently completed for OMA Construction, Inc. as part of the bid evaluation and award process for the SW 172nd GSI Project (CAG-25-047). AGENDA ITEM #6. k) Project: Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project - CAG-25-110 Due Date: May 1, 2025 Bids due by 2:00 pm - Opening Date: May 1, 2025 at 3:00 pm (Via ZOOM) CITY OF RENTON BID TABULATION SHEET Bid Total from Schedule of Prices Includes Sales Tax A-1 Landscaping and Construction, Inc. 20607 SR 9 S.E. 1 Snohomish $1,185,035.63 Washington 98296 Northwest Cascade, Inc. P.O.Box 73399 2 Puyallup $1,033,014.65 Washington 98373 OMA Construction, Inc. P.O. Box 429 3 Maple Valley $432,155.40 Washington 98038 Sierra Pacific Construction, LLC. P.O. Box 620 4 Maple Valley $487,211.00 Washington 98038 Engineers Estimate:$545,080.45 Bidder AGENDA ITEM #6. k) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY’S 2024 ZONING MAP OF A CERTAIN PROPERTY WITHIN THE CITY OF RENTON (101 SW 41ST ST; KING COUNTY PARCEL NO. 3926800040) FROM COMMERCIAL OFFICE (CO) TO COMMERCIAL ARTERIAL (CA), AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Council has heretofore adopted and filed Development Regulations and the Council has implemented and amended the Development Regulations from time to time, together with the adoption of various codes, reports and records; and WHEREAS, on January 15, 2025, the City accepted an application from William Millhollin, Northwest Permit, to amend the City of Renton zoning map to change the zoning classification of King County Parcel No. 3926800040 (“Subject Property”) from Commercial Office (CO) to Commercial Arterial (CA); and WHEREAS, the Subject Property is 59,417 square feet (1.36 acres) in size and is located at 101 SW 41st Street, Renton, WA 98057; and WHEREAS, pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on February 10, 2025 the Environmental Review Committee issued a Determination of Non-Significance (DNS) for the zoning map amendment for the subject property; and WHEREAS, the subject property is located within the Employment Area (EA) Comprehensive Plan Land Use Designation, which includes the Commercial Office (CO) and Commercial Arterial (CA) zoning classifications; and AGENDA ITEM # 8. a) ORDINANCE NO. ________ 2 WHEREAS, this matter was duly referred to the Hearing Examiner for investigation and study, and the matter was considered by the Hearing Examiner; and WHEREAS, the Hearing Examiner held a public hearing on March 18, 2025, duly considered all relevant matters, and heard all parties in support or opposition, who issued Findings of Fact, Conclusions of Law, and a Recommendation on April 9, 2025, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The City Council hereby affirms and adopts the Hearing Examiner Findings of Fact, Conclusions of Law, and Recommendation, attached hereto as Attachment A. SECTION II. The official City of Renton Zoning Map is hereby amended as set forth in page 4 of Attachment B, attached hereto. SECTION III. 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 IV. 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. AGENDA ITEM # 8. a) ORDINANCE NO. ________ 3 PASSED BY THE CITY COUNCIL the day of , 2025. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2025. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: CED:25ORD008:04.24.2025 AGENDA ITEM # 8. a) A ATTACHMENT A FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION HEARING EXAMINER FILE NO. PR24-000002 AGENDA ITEM # 8. a) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 REZONE - 1 CAO VARIANCE - 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON SW 41st St. Rezone Rezone File No. PR24-000002 FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION Summary Kana Properties LLC seeks approval of rezone from Commercial Office (CO) to Commercial Arterial CA) for 1.36 acres located at the southwest corner of the intersection of SW 41st St. and East Valley Road. It is recommended that the City Council approve the rezone. The project site is currently developed with an existing 15,104 square foot multi-tenant retail building. The proposed rezone is not associated with proposed development. Properties to the north and east are also zoned CA. The Applicant requests the rezone because demand for office space has substantially decreased since the pandemic. A rezone to CA would broaden the range of retail uses allowed at the rezone site. AGENDA ITEM # 8. a) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 REZONE - 2 CAO VARIANCE - 2 Testimony Jill Ding, senior planner, summarized the staff report. William Millhollin, Applicant representative, noted that the purpose of the rezone was to expand the range of authorized retail uses. Exhibits Twelve exhibits as identified in the City staff exhibit list presented during the March 18, 2025 hearing were admitted into evidence. FINDINGS OF FACT Procedural: 1. Applicant. William Millhollin, Northwest Permit, 1026 SW 151st St, Burien, WA 98166. 2. Hearing. A virtual hearing was held on the application at 11:00 am on March 18, 2025 in the City of Renton Council Chambers. 3. Project Description. Kana Properties LLC seeks approval of rezone from Commercial Office CO) to Commercial Arterial (CA) for 1.36 acres located at the southwest corner of the intersection of SW 41st St. and East Valley Road. The requested rezone is intended to accommodate expanded retail use types to align with the current use demand of the neighborhood. The proposed rezone is not associated with a proposed development at this time. The project site is currently developed with an existing 15,104 square foot multi-tenant retail building. 4. Surrounding Uses. The project site is surrounded by office and retail use. Properties to the north and east are zoned CA and to the south and west are zoned CO. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. On February 10, 2025 the Environmental Review Committee issued a Determination of Non- Significance (DNS) for the rezone (Exhibit 5). The proposed rezone will enable a wider range of retail uses, which in turn could increase trip generation. The proposal fronts two collector arterials -- SW 41st St along the north property line and East Valley Road along the east property line. As such, it is will located for enhanced retail use. As outlined in the staff report, the project site is fully served by all necessary utilities, including water, sewer and stormwater. The project site is mapped within a seismic hazard area. The City’s critical area regulations will mitigate against any impacts arising from the hazard area for any proposed redevelopment. The property is also surrounded on two sides by properties zoned with the requested CA zoning designation and so is compatible with surrounding development. 6. Changed Circumstances. Conditions have substantially changed since the property was zoned CO. The applicant notes that there has been a dramatic reduction in demand for office space since the pandemic, especially office space in retail strip mall. The project site is currently developed with a AGENDA ITEM # 8. a) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 REZONE - 3 CAO VARIANCE - 3 multi-tenant retail building. The CA zoning designation would allow for a broader range of retail uses within the existing retail building than the current CO zoning designation would allow. Conclusions of Law 1. Authority. The hearing examiner is required to hold a hearing and issue a recommendation to the City Council on site specific rezones. RMC 4-8-080(G) classifies site specific rezones not necessitating a comprehensive plan amendments as a Type IV application. Type IV applications require a hearing and recommendation from the hearing examiner with final approval by the City Council. 2. Zoning/Comprehensive Plan. The site is designated Employment Area (EA) on the City’s Comprehensive Plan Map. It’s zoning is CO. 3. Review Criteria. Rezone criteria are set by RMC 4-9-180F.2. Those criteria are quoted below in italics and applied via corresponding conclusions of law. RMC 4-9-180F.2a. The rezone has merit and value for the community, and will not adversely affect public health, safety, and welfare; 4. Criterion met. The rezone will serve to expand the range of retail uses authorized at a location that is suited for the proposal. In this regard it adds value to the community. As determined in Finding of Fact No. 5 it also creates no significant adverse impacts and so will not adversely affect public health, safety and welfare. RMC 4-9-180F.2b. The rezone will not be materially detrimental to the uses or properties located in the immediate vicinity thereof; 5. Criterion met. As determined in Finding of Fact No. 5 the proposal creates no significant adverse impacts and so will not be materially detrimental to the uses and properties located in the immediate vicinity. RMC 4-9-180F.2c. Since the original zoning or most recent rezone of the subject property, conditions affecting the subject property have substantially changed as a result of, but not limited to, public improvements or permitted private development; 6. Criterion met. The criterion is met for the reasons identified in Finding of Fact 6. RMC 4-9-180F.2d. The property subject to rezone was not specifically considered for a rezone at the time of the last area land use analysis and area zoning; AGENDA ITEM # 8. a) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 REZONE - 4 CAO VARIANCE - 4 7. Criterion met. The criterion is met. The subject property was not considered for a rezone at the time of the last area land use analysis and area rezoning, and specifically was not considered with its neighboring parcels in Ordinance 5832. RMC 4-9-180F.2e. The characteristics of development upon the land subject to the rezone application are compatible with the purpose and intent of the proposed zone as well as the zone- specific policy of the proposed zone, as provided by the Comprehensive Plan; and 8. Criterion met. The criterion is met. The proposed CA zone, like the current CO zone, is an implementing zone of the underlying Employment Area comprehensive plan land use map designation per pages 12 and 13 of the Comprehensive Plan. One of the purposes of the CA zone is to provide for “a wide variety of retail sales, services, and other commercial activities along high- volume traffic corridors” per RMC 4-2-020N. The existing multi-tenant building at the rezone site, bordered by two primary arterials, is well suited to accommodate this type of use. RMC 4-9-180F.2f. The rezone does not conflict with the governing Community Plan, if one was adopted for the Community Planning Area in which the property subject to the rezone is located. 9. Criterion met. The subject property is located in the Valley Community Plan area and no governing Community Plan has been adopted. Therefore, the rezone does not conflict with any governing Community Plan. RECOMMENDATION It is recommended that the City Council approve Rezone File No. PR24-000002 for the reasons identified in the conclusions of law above. DATED this 9th day of April 2025. City of Renton Hearing Examiner AGENDA ITEM # 8. a) CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT HEARING EXAMINER DECISION EXHIBITS Project Name: SW 41st St Rezone Land Use File Number: LUA24-000281, ECF, R Date of Hearing March 18, 2025 Staff Contact Jill Ding Senior Planner Project Contact/Applicant William Millhollin Northwest Permit 1026 SW 151st St, Burien, WA 98166 Project Location 101 SW 41st St, Renton, WA 98057 (APN 3926800040) The following exhibits are included with the Hearing Examiner Decision: Exhibits 1-3: As shown in the Environmental Review Committee (ERC) Report Exhibit 4-9: As shown in the Staff Report to the Hearing Examiner Exhibit 10: Staff PowerPoint Exhibit 11: COR Maps, http://rp.rentonwa.gov/Html5Public/Index.html?viewer=CORMaps Exhibit 12: Google Earth, https://www.google.com/earth/ AGENDA ITEM # 8. a) ORDINANCE NO. ________ B ATTACHMENT B MAP OF REZONED PROPERTY AGENDA ITEM # 8. a) Dav i s A v e S E V a l l e y H w y Valley Medical CenterAccessRd SR 1 6 7 S 43rd StSW 43rd St SW 41st St 88 t h A v e S SW 39th St Lind Ave SW Access Rd S R 1 6 7 R a m p Ea s t V a l l e y R d Site Parcels City Limits °0 225 450 Feet Exhibit 1 Vicinity SW 41st St Rezone Kent 167 AG E N D A I T E M # 8 . a ) Dav i s A v e S E V a l l e y H w y V a l l e y M edical Center AccessRd S 43rd StSW43rdSt SW 41st St 88 t h A v e S SW 39th St Lind Ave SW Ac c e s s R d Ea s t V a l l e y R d Site Parcels City Limits °0 225 450 Feet Exhibit 2 Aerial SW 41st St Rezone Kent 167 AG E N D A I T E M # 8 . a ) Dav i s A v e S E V a l l e y H w y Valley Medical CenterAccessRd SR 1 6 7 S 43rd StSW 43rd St SW 41st St 88 t h A v e S SW 39th St Lind Ave SW Ac c e s s R d S R 1 6 7 R a m p Ea s t V a l l e y R d CA COCO CA CO IM IM IL CO IL R-6 CA R-1 IM CO CA Site City Limits Zoning R-1: Residential 1 DU/ Acre R-6: Residential 6 DU/ Acre CA: Commercial Arterial CO: Commercial Office IL: Industrial Light IM: Industrial Medium °0 225 450 Feet Exhibit 3 Current Zoning SW 41st St Rezone Kent 167 AG E N D A I T E M # 8 . a ) Dav i s A v e S E V a l l e y H w y Valley Medical CenterAccessRd SR 1 6 7 S 43rd StSW 43rd St SW 41st St 88 t h A v e S SW 39th St Lind Ave SW Ac c e s s R d S R 1 6 7 R a m p Ea s t V a l l e y R d CA COCO CA CO IM IM IL CO IL R-6 CA R-1 IM CO CA Site City Limits Zoning R-1: Residential 1 DU/ Acre R-6: Residential 6 DU/ Acre CA: Commercial Arterial CO: Commercial Office IL: Industrial Light IM: Industrial Medium °0 225 450 Feet Exhibit 4 Proposed Zoning SW 41st St Rezone Kent CAChange from CO to CA 167 AG E N D A I T E M # 8 . a ) Legal Description: LOT 4, KOLL BUSINESS CENTER/RENTON, ACCORDING TO THE PLAT THEROF, RECORDED IN VOLUME 114 OF PLATS, PAGE(S) 15 AND 16, IN KING COUNTY, WASHINGTON. AGENDA ITEM # 8. a)