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HomeMy WebLinkAboutFinal Agenda Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, October 8, 2018
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION
a) Domestic Violence Awareness Month - October 2018
b) Fire Prevention Week - October 7-13, 2018
4. SPECIAL PRESENTATION
a) Renton Sister Cities Association (RSCA): Renton-Cuautla Sister City Committee
Delegation Trip 2018; Renton-Nishiwaki Sister City Committee 2018 Japan-America
activities and 2019 50th Anniversary of the Sister City Relationship with Nishiwaki.
5. ADMINISTRATIVE REPORT
6. AUDIENCE COMMENTS
• Speakers must sign-up prior to the Council meeting.
• Each speaker is allowed five minutes.
• When recognized, please state your name & city of residence for the record.
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
7. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of October 1, 2018.
Council Concur
b) AB - 2245 City Clerk reports the results of the bid opening that occurred on October 2,
2018 for CAG-18-197, Kennydale Reservoir Site Access Utilities Relocation project; and
submits the staff recommendation to award the contract to the lowest responsible and
responsive bidder, Laser Underground & Earthworks, in the amount of $343,442.
Council Concur
c) AB - 2242 Human Resources / Risk Management Department recommends approval of a
three-year contract extension with Carl Warren & Company, in an amount not to exceed
$50,000 per year ($150,000 over three years), for the purpose of Liability Third Party
Administration services.
Refer to Finance Committee
d) AB - 2239 Transportation Systems Division recommends approval of General
Maintenance Agreement GMB 1040, with the Washington State Department of
Transportation, in order for the City to perform landscape maintenance at the SR 405
North Renton Interchange. The City's annual cost for landscaping maintenance of the
area is $2,350.
Refer to Transportation (Aviation) Committee
e) AB - 2238 Utility Systems Division recommends approval of the Water Quality Grant
Agreement WQC-2019-Renton-00067, with the Department of Ecology, to accept
$2,075,095 in grant funds for the NE 16th St/Jefferson Ave NE Stormwater Green
Connections project. The City's match is $608,365.
Refer to Utilities Committee
f) AB - 2243 Utility Systems Division recommends approval of the 2019-2020 proposed
utility rates and fee increases.
Refer to Utilities Committee
8. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Finance Committee: Vouchers, Utility Leak Adjustment - R2R; Utility Leak Adjustment -
Henry Friedman; HMA & Envision RX Contract Renewal; Kaiser Permanente Contract
Renewal; Sunset Neighborhood Park, Phase II Grant*; Teasdale Park Playground
Replacement
9. LEGISLATION
Resolution:
a) Resolution No. 4356: Grant Agreement with Department of Commerce for Sunset Park
Phase II (See Item 8.a.)
Ordinance for second and final reading:
a) Ordinance No. 5888: 2017 National Electrical Code Update (First Reading 10/1/2018)
10. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
11. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
5:00 p.m. - 7th Floor - Council Chambers
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
0ProcCamationW”fiereas,thecrimeofdomesticviolenceviolatesanindividual’sprivacy,dignity,security,andhumanityduetothesystematicuseofphysical,emotional,sexual,psychological,andeconomiccontroland/orabuse;andWfiereas,ithasbeenestimatedthateveryninesecondsawomanisbeatenbyherhusbandorboyfriendinthiscountryand,inmorethanhalfofthoseinstances,childrenundertheageof12arepresent;andWfiereas,in2017,35peoplediedinWashingtonStateasaresultofdomesticviolence,includingdomesticviolencevictimskilledbypartnersorex-partners,friends,familymembers,andbystanderskilledbyabusers;andWfiereas,1,105adultandchildrenvictimsofdomesticviolencefoundrefugeinemergencysheltersortransitionalhousingprovidedbylocaldomesticviolenceprogramsinWashingtonState;and‘Pfr’fiereas,morethanhalfofabusersresponsiblefordomesticviolencerelatedfatalshootingswereprohibitedbylawfromowningfirearms;andC4)fiereas,domesticviolencedoesnotdiscriminateandcrossesalleconomic,racial,gender,educational,religious,andsocietalbarriers,andissustainedbyindifference;and‘T/fr’fiereas,theCityofRentonisworkingtoimprovetheoverallresponsetoandthereductionofdomesticviolenceinourregionwithawarenesstotheculturaldifferencesinourcommunity;andWñereas,OctoberisnationallyrecognizedasDomesticViolenceAwarenessMonth;5”Iow,tfierefore,I,DenisLaw,MayoroftheCityofRenton,doherebyproclaimOctober2018tobeDomesticfr’iotencelwarenessUVtontñintheCityofRenton,andIencourageeveryoneinourcommunitytotakeanactiveroleinsupportingallvictimssotheycanleadhealthylivessafefromviolentandabusivebehavior.InwitnesswfiereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis8thdayofOctober,2018.DenisLaw,MayorCityofRenton,WashingtonRentonCityHall,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. a)
-DenisLawMayorProcCamationWhereas,theCityofRentoniscommittedtoensuringthesafetyandsecurityofallthoselivinginandvisitingourcity;andfr1%ereas,fireisaseriouspublicsafetyconcernbothlocallyandnationally,andhomesarethelocationsofwherepeopleareatgreatestriskfromfire;andWfiereas,themajorityofU.S.firedeaths(4outof5)occurathomeeachyear;andWfiereas,thefiredeathrateper1,000homefiresreportedtoU.S.firedepartmentswas10%higherin2016thanin1980;andWfiereas,workingsmokealarmscuttheriskofdyinginreportedhomefiresinhalf;andWñereas,residentsshouldinstallworkingsmokealarmsineverysleepingroom,outsideeachseparatesleepingarea,andoneverylevelofthehome;and‘Whereas,residentsshouldlistenforthesoundofthesmokealarmand,whenitsounds,respondbygoingoutsideimmediatelytothedesignatedmeetingplace;andWhereas,the2018FirePreventionWeektheme,“Look.Listen.Learn.Beaware—firecanhappenanywhere”effectivelyservestoremindusthatweneedtotakepersonalstepstoincreaseoursafetyfromfire;Wow,therefore,I,DenisLaw,MayoroftheCityofRenton,doherebyproclaimOctober7-13,2018,tobe‘FirePreventionWeek,intheCityofRentonincommemorationoftheGreatChicagoFireof1271,andIencourageallcitizenstojoinmeinthisspecialobservance.InwitnesswhereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis8thdayofOctober,2018.DenisLaw,MayorCityofRenton,WashingtonRentonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. b)
Renton Sister Cities Association
Special Presentation
Renton City Council
Monday, October 8, 2018
AGENDA ITEM #4. a)
Renton’s
Sister Cities
Cuautla (Mexico)
est. 2001
and
Nishiwaki (Japan)
est. 1969
Sister Cities information available at:
•Rentonwa.gov
•Brochure
•Facebook AGENDA ITEM #4. a)
AGENDA ITEM #4. a)
Cuautla
State of Jalisco
Mexico
AGENDA ITEM #4. a)
Delegation trip to Cuautla
July 21-28, 2018
AGENDA ITEM #4. a)
Delegates engaged in business meetings and discussions
with Mayor Espinosa, local officials,
and Torero’s and Las Margaritas restaurant owners
AGENDA ITEM #4. a)
Cuautla’s Annual Community Festival
AGENDA ITEM #4. a)
Ribbon cutting for new community center
AGENDA ITEM #4. a)
Room in new center dedicated to Renton Sister City
AGENDA ITEM #4. a)
Renton-Cuautla Sister City Committee
presents new academic scholarships
AGENDA ITEM #4. a)
AGENDA ITEM #4. a)
AGENDA ITEM #4. a)
Nishiwaki
Hyogo Prefecture
Japan
AGENDA ITEM #4. a)
AGENDA ITEM #4. a)
Spotlight from “This Week from the Mayor”
August 23, 2018
AGENDA ITEM #4. a)
Japan-America Grassroots Summit: September 18-24, 2018
Delegates visit Renton City Hall
AGENDA ITEM #4. a)
Renton Fire Authority “recruit”
Delegates appreciated discussion with City representatives
AGENDA ITEM #4. a)
Lunch and walk at
Gene Coulon
Memorial Beach Park
Learning at our Renton
History Museum
AGENDA ITEM #4. a)
Closing Ceremonies at Hyatt Regency-Lake Washington
AGENDA ITEM #4. a)
2019 marks 50th Anniversary of
1969-2019 Renton-Nishiwaki Sister City
•Volunteer committee beginning to plan
•Community members invited to participate
•Provide homestay and/or daily activities
•Contact Chris at chris5255@gmail.com
AGENDA ITEM #4. a)
AGENDA ITEM #4. a)
AGENDA ITEM #4. a)
From sushi
to tacos,
creating
connections and
building our
global
community
AGENDA ITEM #4. a)
Sister City Program Benefits:
•Promotes cultural awareness, diversity, inclusion,
and mutual appreciation
•Provides opportunities for social, cultural and
educational enrichment
•Supports humanitarian efforts
•Exchanges of public art
•Encourages opportunities for tourism
•Share expertise in municipal problem-solving or
professional exchanges
•Creates lasting people to people friendships
•Strengthens international relationships AGENDA ITEM #4. a)
Activities & Ways to Participate:
•Delegation Exchanges “outbound” or “incoming”
•Provide homestay to visiting delegate
•Serve as Volunteer Interpreter or Translator
•Sister City Activities/Booth at Community Events
•Annual Fundraiser(s) to support activities and
cultural program donations
•Sponsor cultural performances at events
•Sister City themed Festival Parade entry
•Washington State-based Sister City programs,
events and networking AGENDA ITEM #4. a)
Renton’s Sister City Contacts
•Renton-Cuautla Sister City Committee
Chairman:Jonna Lee Hough
jonnaleeh@icloud.com
•Renton-Nishiwaki Sister City Committee
Chairman:Chris Johnson
chris5255@gmail.com AGENDA ITEM #4. a)
Thank You
Domo Arigatogozaimasu
Muchas Gracias
Renton Sister Cities Association AGENDA ITEM #4. a)
October 1, 2018 REGULAR COUNCIL MEETING MINUTES
MINUTES
City Council Regular Meeting
7:00 PM ‐ Monday, October 1, 2018
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM.
ROLL CALL
Councilmembers Present:
Ed Prince, Council President
Randy Corman
Ryan McIrvin
Ruth Pérez
Armondo Pavone
Don Persson
Carol Ann Witschi
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Robert Harrison, Chief Administrative Officer
Shane Moloney, City Attorney
Jason Seth, City Clerk
Chip Vincent, Community & Economic Development Administrator
Gregg Zimmerman, Public Works Administrator
Jan Hawn, Administrative Services Administrator
Ellen Bradley‐Mak, Human Resources / Risk Management Administrator
Kelly Beymer, Community Services Administrator
Cliff Long, Economic Development Director
Maryjane Van Cleave, Recreation Director
Jeff Minisci, Facilities Director
Chief Ed VanValey, Police Department
Commander Dave Leibman, Police Department
AGENDA ITEM #7. a)
October 1, 2018 REGULAR COUNCIL MEETING MINUTES
Pledge of Allegiance
Mayor Law invited the Renton Police Department's Honor Guard to present the national,
state, and city colors and lead the Pledge of Allegiance.
SWEARING‐IN CEREMONY
Mayor Law administered the official oath of office to Police Chief Ed VanValey.
Chief VanValey expressed appreciation to Mayor Law, Council, members of his family, and the
City's executive leadership team for honoring him with this promotion. He also expressed
appreciation to police department staff, including former Police Chief Kevin Milosevich, and
noted he is ready and proud to lead the men and women of the Renton Police Department in
serving and protecting the community.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL RECESS FOR 15 MINUTES.
CARRIED. TIME: 7:15 P.M.
ROLL CALL
The meeting reconvened following the 15 minute recess. Roll was called. All Councilmembers
present. Time: 7:30 P.M.
PUBLIC HEARING
a) 2019 Community Development Block Grant (CDBG) Funds: This being the date set and
proper notices having been posted and published in accordance with local and State laws,
Mayor Law opened the public hearing to consider the 2019 Community Development Block
Grant (CDBG) Funding.
Economic Development Director Cliff Long reported that CDBG funds are allocated by the
Department of Housing and Urban Development (HUD) and are received through an interlocal
agreement with King County. He stated that the CDBG is a flexible program that provides
communities with resources to address a wide range of unique community development
needs, and the 2019 allocation is estimated to be $697,888.
Mr. Long further presented the City's recommended plan on how to use the 2019 allotment:
YEAR ACTIVITY NATIONAL
OBJECTIVE AMOUNT
2019
King County Contractual Set Asides:
Not Applicable
• General Administration $69,789
• Capital Administration $13,958
• Housing Stability Program $34,894
• Housing Repair Program $174,472
Subtotal $293,113
City Planning and Administration Not Applicable $69,789
AGENDA ITEM #7. a)
October 1, 2018 REGULAR COUNCIL MEETING MINUTES
Public Facilities and Improvements
Program ("Public Improvements
Program")
Low‐ and
Moderate‐ Income
residents
$334,986
2019 TOTAL $697,888
Additionally Mr. Long described the 2019 Funding Contingency Plan, and the need to amend
both the 2016 and 2018 Action Plan. He explained that modifying the plans will move much
needed funds into the Downtown Streetscape Improvement program which will assist the
City's plan to bring portions of intersections in Downtown up to current code and accessibility
standards.
Following discussion, and there being no public comment, it was
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC
HEARING. CARRIED.
ADMINISTRATIVE REPORT
Chief Administrative Officer Robert Harrison reviewed a written administrative report
summarizing the City’s recent progress towards goals and work programs adopted as part of
its business plan for 2018 and beyond. Items noted were:
Preparation work has been completed and the structural repairs for Coulon Beach
Park are commencing on October 1st. During October and November, we will see the
first phase of the deck repair on the north side of Ivar’s Restaurant, repairs to the
North and South Waterwalks, work on the Trestle Bridge, and repair work
commencing on the Boat Launch area. The Restaurant Parking area, east of Kidd
Valley, will be partially closed off during the construction period for the contractor’s
staging area. Repair activities will take a break for Clam Lights on November 30th for
the Grand Opening and the entire month of December.
Coffee with a Cop returns! The mission of Coffee with a Cop is to break down barriers
between police officers and the citizens they serve by removing agendas and allowing
opportunities to ask questions, voice concerns, and get to know the officers in your
neighborhood. The next Coffee with a Cop event will take place on Wednesday,
October 3rd from 10:00 a.m. to 12:00 p.m. at Starbucks, 641 Rainier Avenue South in
Renton.
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENT
Howard McOmber, Renton, thanked city officials and members of the Renton
community for supporting REACH's efforts in providing a safe shelter for the area's
homeless women and children. He invited officials to the agency's annual fundraiser
occurring on October 18, 2018.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing. Councilmember
Persson requested Items 7.m. and 7.n. be pulled for separate consideration.
AGENDA ITEM #7. a)
October 1, 2018 REGULAR COUNCIL MEETING MINUTES
a) Approval of Council Meeting minutes of September 24, 2018. Council Concur.
b) AB ‐ 2235 Administrative Services Department submitted a leak adjustment request from R2R
Investments, service address of 17800 Talbot Rd S., and recommended approving the utility
adjustment in the amount of $6,083.03, due to a water leak. Refer to Finance Committee.
c) AB ‐ 2236 Administrative Services Department submitted a utility leak adjustment request
from Henry Friedman, service address of 534 Rainier Ave S, and recommended approving the
utility adjustment in the amount of $2,581.85, due to a water leak. Refer to Finance
Committee.
d) AB ‐ 2230 City Clerk submitted 10% Notice of Intention to Commence Annexation Proceedings
petition, submitted by petitioner Howard McOmber with required fee, and requested a Public
Meeting with the Initiator be set for October 15, 2018 to consider the petition. The proposed
annexation site is bordered to the north by a parcel line near NE 4th St, parcel lines and 158th
Ave SE to the east, parcel lines near SE 132nd St to the south, and parcel lines near 154th Ave
SE (if extended) to the west. Council Concur; set Public Meeting on October 15, 2018.
e) AB ‐ 2231 Community & Economic Development Department recommended adoption of a
policy requiring development of joint conduit banks throughout the City, which will allow the
City to place conduits in trenches to support critical emergency systems. Refer to Utilities
Committee.
f) AB ‐ 2232 Community & Economic Development Department requested a review of the 2018
Comprehensive Plan Amendments. Following the review, the Planning Commission will
present revision recommendations to Council. Refer to Planning Commission and Planning &
Development Committee.
g) AB ‐ 2237 Community & Economic Development Department recommended revising Renton
Municipal Code (RMC) 4‐5, Building and Fire Prevention Standards, to update Private Smoking
Clubs, Mobile Food Facilities, fire‐suppression systems, and permit and fee requirements.
Refer to Planning & Development Committee.
h) AB ‐ 2221 Community Services Department recommended approval of a small works contract
with Allplay Systems, LLC, in the amount of $152,282.69, for the replacement of playground
equipment at Teasdale Park. Refer to Finance Committee.
i) AB ‐ 2229 Community Services Department recommended approval of an agreement with the
Washington State Department of Commerce to accept grant funds in the amount of
$3,000,000 for Phase II design and construction of the Sunset Neighborhood Park, and to
adjust the budget accordingly. City's match is $1,150,000. Refer to Finance Committee.
j) AB ‐ 2217 Executive Department recommended approval of the Washington State Military
Department and the Department of Homeland Security Emergency Management
Performance Grant (EMPG) Contract E19‐055, to accept $57,629 in grant funds, and approval
to adjust the 2019 budget to account for the $22,629 in additional grant funds awarded.
Council Concur.
k) AB ‐ 2233 Human Resources / Risk Management Department recommended approval of the
2019 HMA Administrative Services Agreement Fee Schedule for medical, dental, and
prescription claims administered by HMA and Envision, RX, in the amount of $342,227, for
both active employee and retiree plans. Refer to Finance Committee.
AGENDA ITEM #7. a)
October 1, 2018 REGULAR COUNCIL MEETING MINUTES
l) AB ‐ 2234 Human Resources / Risk Management Department recommended approval of the
2019 Kaiser Permanente contracts, in the amount of $158,400, for active employees and
LEOFF 1 retirees. Refer to Finance Committee.
o) AB ‐ 2225 Transportation Systems Division recommended approval of Addendum 10‐18 to
LAG‐001‐88, which transfers leasehold interest from Bruce J. Leven to the Estate of Bruce J.
Leven. Refer to Transportation (Aviation) Committee.
p) AB ‐ 2226 Transportation Systems Division recommended approval of a Local Programs State
Funding Agreement with the Washington State Department of Transportation, which
obligates $620,000 in grant funds for preliminary engineering services for the Bronson Way
Bridge Seismic Retrofit and Painting project. Refer to Transportation (Aviation) Committee.
q) AB ‐ 2227 Transportation Systems Division recommended approval of a Local Agency
Agreement with the Washington State Department of Transportation, which obligates
$536,300 in grant funds for preliminary engineering for the Houser Way Bridge Seismic
Retrofit and Painting project. Refer to Transportation (Aviation) Committee.
r) AB ‐ 2228 Transportation Systems Division recommended approval of a Local Agency
Agreement with the Washington State Department of Transportation, which obligates
$536,300 in grant funds for preliminary engineering for the Williams Ave Bridge Seismic
Retrofit and Painting project. Refer to Transportation (Aviation) Committee.
MOVED BY PRINCE, SECONDED BY PERSSON, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, MINUS ITEMS 7.M. & 7.N. CARRIED.
SEPARATE CONSIDERATION ITEMS 7.M. & 7.N.
m) AB ‐ 2240 Police Department requested authorization to hire a lateral police officer at Step D
of salary grade pc60, effective November 1, 2018. Refer to Finance Committee
n) AB ‐ 2241 Police Department requested authorization to hire a lateral police officer at Step D
of salary grade pc60, effective November 1, 2018. Refer to Finance Committee
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE
CONSENT AGENDA ITEMS 7.M. & 7.N. AS COUNCIL CONCUR. CARRIED.
UNFINISHED BUSINESS
a) Committee of the Whole Chair Prince presented a report concurring in the following staff
recommendations:
Approve the City’s acceptance of estimated 2018 CDBG funds of $697,888 funds from HUD via a
Joint Agreement with King County including the following contractual set‐asides per the Joint
Agreement:
County Administration: $ 69,789
County Capital Administration: $ 13,958
Housing Stability Program: $ 34,894
King County Housing Repair Program: $174,472
Of the remaining $404,775, allocate $69,789 or the maximum allowable amount for Planning and
Administration, leaving a discretionary balance of $334,986.
AGENDA ITEM #7. a)
October 1, 2018 REGULAR COUNCIL MEETING MINUTES
For this discretionary balance of 2019 CDBG funding, allocate the full amount to the Downtown
Streetscape Improvement Program for the Downtown/South Renton area.
Adopt the recommended CDBG 2019 Contingency Plan as follows:
• Any increases in entitlement or recaptured funds will go to the Downtown Streetscape
Program.
• Any decrease in entitlement will decrease the amount to the Downtown Streetscape
Program.
• Program Income will be allocated to Healthy Housing.
• Any 2019 Downtown Streetscape Program funds not under contract by December 31,
2019 will be recaptured and reallocated to the Healthy Housing program.
Modify the CDBG 2016 and 2018 Action Plans as follows:
• Use $76,320 of project C16753 Renton Façade Improvement Program 2016 dollars to
fund the final additional scope for the Cortona Building including the costs for
Environmental Review and Davis Bacon compliance.
• The remaining funds in C16753 ($316,155.77) will be used to create the Renton
Downtown Streetscape Improvement Project.
• Cancel the 2018 project (C18352) Renton Burnett Sidewalk Improvements project and
move the $334,986 of 2018 CDBG funds to the new Renton Downtown Streetscape
Improvement Project. Total project funds equal $651,141.77.
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Planning and Development Committee Chair McIrvin recommended concurrence in the staff
recommendation to adopt the amendments to RMC 4‐5 updating references to the National
Electrical Code. The Planning and Development Committee further recommended that the
ordinance regarding this matter be presented for first reading.
MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Planning and Development Committee Chair McIrvin recommended concurrence in staff’s
recommendation to approve a $25,000 award from the Housing Opportunity Fund to Homestead
Community Land Trust to help support the development and construction of the Sunset Crest
Townhomes to provide 12 affordable homeownership units in the Sunset Area.
MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
LEGISLATION
Ordinance(s) for first reading:
a) Ordinance No. 5888: An ordinance was read amending subsections 4‐5‐060.A.2 and 4‐5‐
070.C.3 of the Renton Municipal Code, by updating the Construction Administrative Code to
apply to the 2017 National Electrical Code, updating the reference to the National Electrical
Code in the Fire Code to be consistent with the Construction Administrative Code, and
providing for severability and establishing an effective date.
MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
AGENDA ITEM #7. a)
October 1, 2018 REGULAR COUNCIL MEETING MINUTES
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. TIME:
7:53 P.M.
Jason A. Seth, CMC, City Clerk
Jason Seth, Recorder
Monday, October 1, 2018
AGENDA ITEM #7. a)
Council Committee Meeting Calendar
October 1, 2018
October 8, 2018
Monday
3:00 PM Finance Committee, Chair Persson – Council Conference Room
1. Utility Leak Adjustment – R2R
2. Utility Leak Adjustment – Henry Friedman
3. HMA & Envision RX Contract Renewal
4. Kaiser Permanente Contract Renewal
5. Sunset Neighborhood Park, Phase II Grant
6. Teasdale Park Playground Replacement
7. Vouchers
8. Emerging Issues in Finance
CANCELLED Public Safety Committee, Chair Pavone
5:00 PM Committee of the Whole, Chair Prince – Council Chambers
1. 2019-2020 Budget: Department Presentations & Council Deliberations
- Executive Department
- Public Works Department
- Community & Economic Development Department
AGENDA ITEM #7. a)
AB - 2245
City Council Regular Meeting - 08 Oct 2018
SUBJECT/TITLE: Contract Award: Kennydale Reservoir Site Access Utilities Relocation;
CAG-18-197
RECOMMENDED ACTION: Council Concur
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
FISCAL IMPACT SUMMARY:
$343,442. The total budget for this project is $500,000. The engineer's estimate was $459,690. There is
sufficient budget for this project.
SUMMARY OF ACTION:
The City Clerk's Office conducted a bid opening for the Kennydale Reservoir Site Access Utilities Relocation project on
October 2, 2018. In compliance with Council policies, the bid opening met the following three requirements:
1) There was more than one bid;
2) There were no irregularities with the lowest responsible and responsive bid;
3) The lowest responsible and responsive bid was within budget.
Therefore, staff recommends awarding the Kennydale Reservoir Site Access Utilities Relocation project to the
lowest responsible and responsive bidder, Laser Underground & Earthworks in the amount of $343,442.
EXHIBITS:
A. Staff Recommendation
B. Area Location Map
B. Bid Tab
STAFF RECOMMENDATION:
Accept the lowest responsible and responsive bid and award the Kennydale Reservoir Site Access Utilities
Relocation project to Laser Underground & Earthworks, in the amount of $343,442.
AGENDA ITEM #7. b)
PUBLICWORKSDEPARTMENTMEM0RANDUMDATE:October2,2018TO:JasonSeth,CityClerkOCT032010FROM:EricOtt,WaterUtilityEngineer,x7313RECEIVEDTYCLERKSOFFicESUBJECT:BidAward—KennydaleReservoirSiteAccessUtilitiesRelocationCAG-18-197fWTR-27-3956)ThePublicWorksDepartmenthasreviewedthebidsthatweresubmittedfortheKennydaleReservoirSiteAccessUtilitiesProjectCAG-18-197andwerecommendthatthebidbeawardedtoLaserUnderground&Earthworksintheamountof$343,442.WearerequestingthatanagendabillforCouncilConcurbepreparedfortheOctober8,2018CouncilMeetingfortheawardofthecontract.ThebidopeningwasheldonTuesday,October2,2018.Thereweresevenbidsreceived.Therewerenoerrorsofsignificanceonanyofthebids.ThelowestresponsibleandresponsivebidderisLaserUnderground&Earthworkswithabidof$343,442.Theengineer’sestimatewas$459,690.Atabulationofthebidsisattached.Thebudgetedamountforthisconstructioncontractis$500,000.00andisavailablefromtheapproved2018WaterUtilityCapitalImprovementProgrambudgetfortheKennydaleReservoirProject(425.455606).Thelowbidiswithintheprojectbudgetandtheremainingbalanceissufficientforcontractadministration,inspection,andcontingencies.TheprojectconsistsoftheinstallationofwatertransmissionmainsandstormdrainpipewithintheaccesstracttothenewKennydalewaterreservoirthatwillbelocatedbehindtheKennydalefirestation15.Theprojectalsoincludestheclearingofthereservoirsiteandtheconstructionofaquarryspallsaccesstract.Attachmentscc:GreggZimmerman,AdministratorLysHornsby,UtilitySystemsDirectorAbdoulGafour,WaterUtilityEngineeringManagerC:\Users\jseth\AppData\Local\Microsoft\Windows\TemporaryInternetFiles\Content.Outlook\HWJKRNMQ\Award-Memoto-City-Clerk.docx\OITyOFRENTONAGENDA ITEM #7. b)
Project Title:Kennydale Reservoir Site Access Utilities City of Renton Laser Underground Northwest Cascade Pacific Civil & Infrastructure Pacific Sitework Pro Grande Enterprises Road Construction NW Rodarte Construction Average Bid
BID DATE:October 02, 2018 Engineers Estimate
B Item Unit Est.Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid
N No.Description Quantity Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount
1 Mobilization and Demobilization
(Max. 10% of total of all other bid items without sales tax)Lump Sum 1 30,000.00 30,000.00$ 28,000.00$ 28,000.00$ 37500.00 37,500.00$ 28000.00 28,000.00$ 15000.00 15,000.00$ 29100.00 29,100.00$ 38000.00 38,000.00$ 29000.00 29,000.00$ 29,228.57$ 29,228.57$
2 Trench Safety Systems Lump Sum 1 6,000.00 6,000.00$ 4,500.00$ 4,500.00$ 2500.00 2,500.00$ 6750.00 6,750.00$ 10000.00 10,000.00$ 1300.00 1,300.00$ 500.00 500.00$ 1.00 1.00$ 3,650.14$ 3,650.14$
3 Construction Surveying, Staking and As-Built Drawings Lump Sum 1 5,000.00 5,000.00$ 3,500.00$ 3,500.00$ 8500.00 8,500.00$ 8500.00 8,500.00$ 7500.00 7,500.00$ 3500.00 3,500.00$ 3500.00 3,500.00$ 4800.00 4,800.00$ 5,685.71$ 5,685.71$
4 Temporary Traffic Control Lump Sum 1 5,000.00 5,000.00$ 7,500.00$ 7,500.00$ 38000.00 38,000.00$ 3500.00 3,500.00$ 20000.00 20,000.00$ 15500.00 15,500.00$ 14000.00 14,000.00$ 8000.00 8,000.00$ 15,214.29$ 15,214.29$
5 Clearing and Grubbing Lump Sum 1 10,000.00 10,000.00$ 10,000.00$ 10,000.00$ 96150.00 96,150.00$ 7500.00 7,500.00$ 9000.00 9,000.00$ 8000.00 8,000.00$ 8500.00 8,500.00$ 9000.00 9,000.00$ 21,164.29$ 21,164.29$
6 Stormwater Pollution Prevention and TESC Plan and Implementation Lump Sum 1 20,000.00 20,000.00$ 5,500.00$ 5,500.00$ 12000.00 12,000.00$ 3500.00 3,500.00$ 10000.00 10,000.00$ 12200.00 12,200.00$ 3500.00 3,500.00$ 5000.00 5,000.00$ 7,385.71$ 7,385.71$
7 Crushed Surfacing Base Course for Access Tract Ton 50 40.00 2,000.00$ 40.00$ 2,000.00$ 58.00 2,900.00$ 50.00 2,500.00$ 84.00 4,200.00$ 54.00 2,700.00$ 80.00 4,000.00$ 90.00 4,500.00$ 65.14$ 3,257.14$
8 Quarry Spalls for Access Tract Ton 250 30.00 7,500.00$ 40.00$ 10,000.00$ 64.00 16,000.00$ 105.00 26,250.00$ 32.00 8,000.00$ 65.00 16,250.00$ 65.00 16,250.00$ 90.00 22,500.00$ 65.86$ 16,464.29$
9 Select Imported Trench Backfill Ton 800 20.00 16,000.00$ 30.00$ 24,000.00$ 33.00 26,400.00$ 12.00 9,600.00$ 36.00 28,800.00$ 39.00 31,200.00$ 35.00 28,000.00$ 30.00 24,000.00$ 30.71$ 24,571.43$
10 Removal and Replacement of Unsuitable Foundation Material Ton 50 30.00 1,500.00$ 30.00$ 1,500.00$ 55.00 2,750.00$ 19.00 950.00$ 185.00 9,250.00$ 100.00 5,000.00$ 55.00 2,750.00$ 90.00 4,500.00$ 76.29$ 3,814.29$
11 Hot Mix Asphalt Patch Including CSTC Square-Yard 220 120.00 26,400.00$ 100.00$ 22,000.00$ 115.00 25,300.00$ 92.00 20,240.00$ 104.00 22,880.00$ 150.00 33,000.00$ 100.00 22,000.00$ 75.00 16,500.00$ 105.14$ 23,131.43$
12 Remove Existing Conc. Sidewalk and Replace with Asphalt Driveway Lump Sum 1 3,000.00 3,000.00$ 4,000.00$ 4,000.00$ 6500.00 6,500.00$ 15000.00 15,000.00$ 5000.00 5,000.00$ 7000.00 7,000.00$ 5000.00 5,000.00$ 5000.00 5,000.00$ 6,785.71$ 6,785.71$
13 Site Specific Utility Potholing Each 5 1,000.00 5,000.00$ 900.00$ 4,500.00$ 850.00 4,250.00$ 1500.00 7,500.00$ 500.00 2,500.00$ 1200.00 6,000.00$ 800.00 4,000.00$ 500.00 2,500.00$ 892.86$ 4,464.29$
14 Furnish and Install 12-Inch Cl 52 DI Storm Drain Pipe Linear Foot 200 185.00 37,000.00$ 110.00$ 22,000.00$ 108.00 21,600.00$ 105.00 21,000.00$ 88.00 17,600.00$ 76.00 15,200.00$ 100.00 20,000.00$ 110.00 22,000.00$ 99.57$ 19,914.29$
15 Furnish and Install Controlled Density Fill Cubic Yard 10 200.00 2,000.00$ 250.00$ 2,500.00$ 245.00 2,450.00$ 145.00 1,450.00$ 220.00 2,200.00$ 470.00 4,700.00$ 180.00 1,800.00$ 550.00 5,500.00$ 294.29$ 2,942.86$
16 Furnish and Install 16-Inch Cl 52 DI Rest. Joint Water Pipe & Rest. Joint Fittings w/ Polywrap Linear Foot 500 225.00 112,500.00$ 135.00$ 67,500.00$ 170.00 85,000.00$ 175.00 87,500.00$ 140.00 70,000.00$ 240.00 120,000.00$ 225.00 112,500.00$ 175.00 87,500.00$ 180.00$ 90,000.00$
17 Furnish and Install 12-Inch Cl 52 DI Rest. Joint Water Pipe & Rest. Joint Fittings w/ Polywrap Linear Foot 270 200.00 54,000.00$ 115.00$ 31,050.00$ 125.00 33,750.00$ 130.00 35,100.00$ 128.00 34,560.00$ 190.00 51,300.00$ 145.00 39,150.00$ 135.00 36,450.00$ 138.29$ 37,337.14$
18 Furnish and Install 6-Inch Cl 52 DI Rest. Joint Water Pipe & Rest. Joint Fittings w/ Polywrap Linear Foot 30 150.00 4,500.00$ 100.00$ 3,000.00$ 160.00 4,800.00$ 70.00 2,100.00$ 125.00 3,750.00$ 260.00 7,800.00$ 115.00 3,450.00$ 125.00 3,750.00$ 136.43$ 4,092.86$
19 Furnish and Install 12-Inch Gate Valve Assembly Each 4 3,500.00 14,000.00$ 2,100.00$ 8,400.00$ 3150.00 12,600.00$ 3000.00 12,000.00$ 3300.00 13,200.00$ 2900.00 11,600.00$ 2900.00 11,600.00$ 2750.00 11,000.00$ 2,871.43$ 11,485.71$
20 Furnish and Install 6-Inch Gate Valve Assembly Each 1 1,500.00 1,500.00$ 750.00$ 750.00$ 1650.00 1,650.00$ 2000.00 2,000.00$ 2823.00 2,823.00$ 1200.00 1,200.00$ 1250.00 1,250.00$ 1500.00 1,500.00$ 1,596.14$ 1,596.14$
21 Furnish and Install Fire Hydrant Assembly Each 1 7,000.00 7,000.00$ 7,000.00$ 7,000.00$ 6000.00 6,000.00$ 6500.00 6,500.00$ 6200.00 6,200.00$ 7700.00 7,700.00$ 6000.00 6,000.00$ 5500.00 5,500.00$ 6,414.29$ 6,414.29$
22 Concrete for Thrust Blocking, Dead-Man Anchor Blocks Cubic Yard 5 200.00 1,000.00$ 100.00$ 500.00$ 500.00 2,500.00$ 200.00 1,000.00$ 500.00 2,500.00$ 240.00 1,200.00$ 500.00 2,500.00$ 450.00 2,250.00$ 355.71$ 1,778.57$
23 Connection to Existing Water Main Each 1 5,000.00 5,000.00$ 8,000.00$ 8,000.00$ 7500.00 7,500.00$ 13775.00 13,775.00$ 5000.00 5,000.00$ 20000.00 20,000.00$ 3000.00 3,000.00$ 5000.00 5,000.00$ 8,896.43$ 8,896.43$
24 Furnish and Install 4-inch PVC Schedule 80 Conduit Linear Foot 440 50.00 22,000.00$ 33.00$ 14,520.00$ 22.00 9,680.00$ 12.00 5,280.00$ 19.00 8,360.00$ 28.00 12,320.00$ 20.00 8,800.00$ 24.00 10,560.00$ 22.57$ 9,931.43$
25 Force Account Lump Sum 1 20,000.00 20,000.00$ 20,000.00$ 20,000.00$ 20000.00 20,000.00$ 20000.00 20,000.00$ 20000.00 20,000.00$ 20000.00 20,000.00$ 20000.00 20,000.00$ 20000.00 20,000.00$ 20,000.00$ 20,000.00$
SUBTOTAL 417,900.00$ 312,220.00$ 486,280.00$ 347,495.00$ 338,323.00$ 443,770.00$ 380,050.00$ 346,311.00$ 379,207.00$
10% Sales Tax 41,790.00$ 31,222.00$ 48,628.00$ 34,749.50$ 33,832.30$ 44,377.00$ 38,005.00$ 34,631.10$ 37,920.70$
Total 459,690.00$ 343,442.00$ 534,908.00$ 382,244.50$ 372,155.30$ 488,147.00$ 418,055.00$ 380,942.10$ 417,127.70$
Numbers in red show corrections #11 unit Price was incorrect
220($115)= $25,300
AGENDA ITEM #7. b)
E21u.<3$42ZO_.~<UOqzo:/$0.\Suzi.\\ZC._,$/._:Inmslumnmxwmm<5m§<._AGENDA ITEM #7. b)
Project: Kennydale Reservoir Site Access UtilitiesCAG‐18‐197Date: 10/02/2018CITY OF RENTONBID TABULATION SHEET1 of 3 Prop L&I Bid Schedule of Cert of Sub Adden Bid Total fromTrippl Form Cert Bond Prices Compliance Contractors No. 1Schedule of Prices (24 hr)(1 hr)*Includes Sales TaxLaser Underground & Earthworks20417 87th Av SE1SnohomishX X X X X X X $343,442.00WA98296Jason LaneNorthwest Cascade, Inc.P.O. Box 733992PuyallupX X X X X X X $528,628.00WA98373JanetPrestonPacific Civil & Infrastructure1214 140th Av Ct E3SumnerX X X X X X X $382,244.50WA98390AndrewAlbrechtBidderFORMSEngineer's EstimateApprox. $459,690.00 AGENDA ITEM #7. b)
Project: Kennydale Reservoir Site Access UtilitiesCAG‐18‐197Date: 10/02/2018CITY OF RENTONBID TABULATION SHEET2 of 3 Prop L&I Bid Schedule of Cert of Sub Adden Bid Total fromTrippl Form Cert Bond Prices Compliance Contractors No. 1Schedule of Prices (24 hr)(1 hr)*Includes Sales TaxBidderFORMSPacific Sitework4022 Campbell Road 4ClintonX X X X X 0 0 $372,155.30WA98236SethSmithPro Grande Enterprises, Inc.P.O. Box 11825Maple ValleyX X X X X 0 0 $488,147.00WA98038RyanQuallsRoad Construction Northwest, Inc.P.O. Box 22286RentonX X X X X X X $418,055.00WA98056Matthew WagesterEngineer's EstimateApprox. $459,690.00 AGENDA ITEM #7. b)
Project: Kennydale Reservoir Site Access UtilitiesCAG‐18‐197Date: 10/02/2018CITY OF RENTONBID TABULATION SHEET3 of 3 Prop L&I Bid Schedule of Cert of Sub Adden Bid Total fromTrippl Form Cert Bond Prices Compliance Contractors No. 1Schedule of Prices (24 hr)(1 hr)*Includes Sales TaxBidderFORMSRodarte Construction, inc.17 E. Valley Hwy East7AuburnX X X X X X X $380,942.10Wa98092FrankRodarte, Jr.Engineer's EstimateApprox. $459,690.00 AGENDA ITEM #7. b)
AB - 2242
City Council Regular Meeting - 08 Oct 2018
SUBJECT/TITLE: Contract Extension for Carl Warren, 3rd Party Liability Claim
Administration
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Human Resources / Risk Management Department
STAFF CONTACT: Ellen Bradley-Mak, Administrator
EXT.: 7657
FISCAL IMPACT SUMMARY:
See below
SUMMARY OF ACTION:
Effective January 1, 2016, the City of Renton elected to self-insure its general liability program in lieu of
continued participation with the Washington Cities Insurance Authority (WCIA). That decision has saved the
city approximately $200,000 per year, or about $600,000 to date, from what would been paid out to WCIA, in
addition to direct claims costs. Since that decision was made, the services of Carl Warren & Company have
been utilized for adjusting selected self-insured liability claims assigned to it by Renton’s Risk Management
Division of the Human Resources & Risk Management Department. Carl Warren’s services were contracted on
a time and expense basis up to a maximum of $50,000 per year, without prior city approval and based upon an
approved rate schedule. The actual cost of Carl Warren’s services, to date, have averaged about $1100 per
month, or about $13,200 per year.
Risk Management seeks to extend the existing contract with Carl Warren for an additional three years,
utilizing a revised rate schedule that has been adjusted for inflation. The $50,000 annual maximum, or total of
$150,000 over the life of the contract, will remain the same.
EXHIBITS:
A. Amendment No. 1 to Agreement for Liability Third Party Administration Services
B. Time and Expense Cost Proposal
STAFF RECOMMENDATION:
Approve a three-year contract extension with Carl Warren & Company for Liability Third Party Administration
services with a total annual cost not to exceed $50,000 without prior city approval, and authorize the Mayor
and City Clerk to sign the Agreement.
AGENDA ITEM #7. c)
AMENDMENTNO.1 TO AGREEMENT FOR LIABILITYTHIRD
PARTYADMINISTRATIONSERVICES
THIS AMENDMENT,effective January 1,2019,is by and between the City of Renton (the ”City”),
a Washington municipal corporation,and Carl Warren &Company ("Consultant or Contractor”),
a California corporation.The City and the Consultant are referred to collectively in this
Amendment as the "Parties/’Once fully executed by the Parties,this Amendment is effective as
of the last date signed by both parties.
Whereas,the City engaged the services of the Consultant under Agreement CAG-16-O44,dated
March 23,2016,to provide services for Liability Third Party Administration Services (referred to
herein as the ”Agreement");
Whereas,the Parties wish to amend the Agreement to change the term and change the
compensation in order to allow for providing continuation of needed services and annual cost
inflation.
NOW THEREFORE,It is mutually agreed upon that CAG-16-O44 is amended as follows:
1.Term:Section 1 of the Agreement,”Term,”is amended to extend the term of the
Agreement to continue to no later than December 31,2021.
2.Compensation:Section 4.1 of the Agreement,"Compensation -Amount,”is amended to
remove all references to "Exhibit ’B"’and replace all such references with references to
"Exhibit 'C’,”which is attached and fully incorporated herein.
All terms of the Agreement not explicitly modified herein shall remain in full force and effect
and such terms shall apply to Services performed according to this Amendment as if fully set
forth herein.
IN WITNESS WHEREOF,the Parties have voluntarily entered into this Amendment as of the
date
AGENDA ITEM #7. c)
last signed by the Parties below.
CITYOF RENTON
By:
Denis Law
Mayor
Date
Attest
Jason A.Seth
City Clerk
Approved as to Legal Form
Shane Moloney
Renton City Attorney
Contract Template Updated 12/29/2017
PAGE2 OF 2
CONSULTANT/CONTRACTOR
By§\’\\‘\\\
Richard McAbee
Chief Marketing Officer
September 20,2018
Date
AGENDA ITEM #7. c)
Richard McAbee
Chief Marketing Officer
11209 N. Tatum Blvd. #130
Phoenix, Arizona 85028
Tel: 888-858-2807 x101
Cell: 602-723-5610
rmcabee@carlwarren.com
Confidential & Proprietary
Time & Expense
Cost Proposal
For
City of Renton
AGENDA ITEM #7. c)
City of Renton
Cost Proposal for
Liability Third Party Claims Administration (TPA) Services
Carl Warren | Confidential & Proprietary Page | 2
COST PROPOSAL – TIME & EXPENSE RATE
ANCILLARY SERVICES COST COST
Subrogation (when utilized) 21% of
recovery
21% of
recovery
21% of
recovery
Annual Administration Fee $4,000 $4,500 $ Included
5,000
Data Management Included Included Included
Account
Management
Included Included Included
Annual Stewardship Included Included Included
Quarterly Claim
Review
Included Included Included
Banking/Trust Account
Service Fees
Check issuance Included Included Included
1099 Reporting,
including IRS File
Risk Management
Information System
Included Included Included
RMIS Training
Set-Up (one-time
CLAIM SERVICES YEAR 1 YEAR 2 YEAR 3
Service $57 per
hour
$59 per
hour
$61 per
hour
Telephone/Fax 10% of services
Mileage (Base rate per mile) IRS rate
Photocopies $0.25 per page
Stenographic
Included Photographs
Duplicate Photographs
MMSEA $5. per
filing
$5. per
filing
$5. per
filing
Indexing $18 per
suffix
$18 per
suffix
$19 per
suffix
Office Expenses 25% of services
Set-Up Fee $28 per file $29 per file $30 per file
Data Processing $37 per
suffix
$38 per
suffix
$39 per
suffix
Incident Only Reporting $50 $50 $50
Miscellaneous/Allocated Expenses* At Cost
AGENDA ITEM #7. c)
City of Renton
Cost Proposal for
Liability Third Party Claims Administration (TPA) Services
Carl Warren | Confidential & Proprietary Page | 3
charge)
Data Conversion(s)
Ongoing access (up
to 3 users)
Included Included Included
Additional Users
Data Extract to
Carriers
Included Included Included
Standard Monthly
Loss Runs
Included Included Included
Custom Report
Development
$250 per hour $250 per hour $250 per hour
OFAC Reporting Included Included Included
Outside Investigations At Cost At Cost At Cost
Surveillance/Fraud Unit At Cost At Cost At Cost
Other pricing alternatives are available upon request.
AGENDA ITEM #7. c)
AB - 2239
City Council Regular Meeting - 08 Oct 2018
SUBJECT/TITLE: General Maintenance Agreement GMB 1040 with the Washington
State Department of Transportation, CAG-14-006, for the Highlands
to Landing Pedestrian Connection Project
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Keith Woolley, Civil Engineer III
EXT.: 7318
FISCAL IMPACT SUMMARY:
The annual cost to the City for the landscaping maintenance is $2,350. Parks Maintenance performs in-house
maintenance on the irrigation, including winterization. Transportation Maintenance will conduct in -house
maintenance on the pedestrian illumination once installed.
SUMMARY OF ACTION:
This project constructed sidewalk and pedestrian improvements on the north side of North Southport Way
and NE Sunset Blvd, from Garden Avenue North to the northbound I -405 ramps terminus. The project
consisted of new sidewalk, landscaping and irrigation, and reconstruction of the north side of the bridge over
the BNSF railroad. The project started April 23, 2014 was completed August 6, 2015 and accepted by Council
on February 22, 2016.
The Washington State Department of Transportation (WSDOT) permitted the City to make improvem ents
within WSDOT limited access subject to a WSDOT construction agreement, the turnback agreement
(CAG-13-166) and a general maintenance agreement. Essentially the City agreed to maintain any
improvements that it constructed. Without WSDOT permission the City would not have been able to make
improvements on WSDOT property. The subject General Maintenance Agreement GMB 1040 is for the SR 405
North Renton Interchange and still requires execution, even though the City has been performing the
maintenance of the improvements since project completion.
EXHIBITS:
A. WSDOT General Maintenance Agreement GMB 1040
B. Map
C. Quitclaim Deed
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the General Maintenance Agreement GMB 1040 with the
Washington State Department of Transportation for the SR 405 North Renton Interchange.
AGENDA ITEM #7. d)
AGENDA ITEM #7. d)
AGENDA ITEM #7. d)
AGENDA ITEM #7. d)
AGENDA ITEM #7. d)
AGENDA ITEM #7. d)
AGENDA ITEM #7. d)
AGENDA ITEM #7. d)
AGENDA ITEM #7. d)
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Grantor:State of Washington
Grantee:City of Renton
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'
Legal Description:G.L.1 an’,;Sec{tion_._8,o\t;n"'shi_p23N rtlt Range 5 East,W.M.
Additional Legal Description is on Pigej '
Assessor's T x Parcel Number:Noneilfssigne
QUITCLAIM |5“r,£
:'T'he“‘S"TA_TEF hereinafterthe Grantor,for and in accordance with
that agreement Jrth ‘parti nti_t}adp.:Tui::ribae__l_cAgreementTB1-0237,dated May 20,2014,
hereby conveys an--,,£|_|‘.'l_i4I€'ii8tt't1Spntoi?e..c 50 _RENTON,a municipal corporation in the
State of Washington,Grantee!ali3:n‘_gt_11t,title='‘and‘'int‘-
of Transportation,in and to tiiq=_fo1Iot;tiing.-d"‘A
of Washington:
In '-it
Those portions of the area designated-<fi3rRélinquighmentto“Ciiyof Rcnton as shown
on Exhibit A attached to that certain Tit‘-n,1_i_5'ael<"Agi‘eenient__
5 —0237,_date_dMay20,
20l4,on ?le in the ot?ce of the Secretary o?§I_frayispcgriatip”nt3__fOIyin;iia,loeéitedwithin
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access plans as dciineated on sheets 30 and 31 of34'sh_e"ets,=‘Enpprcfired,_2 '20'06"
sheet 30 revised October 24,20l3,sheet 3!revised Januar3/10'20]‘’
Government Lots I and 2,Section 8,Township 23 North,Range 5 Ba
King County,Washington."
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AGENDA ITEM #7. d)
AGENDA ITEM #7. d)
AGENDA ITEM #7. d)
AGENDA ITEM #7. d)
AB - 2238
City Council Regular Meeting - 08 Oct 2018
SUBJECT/TITLE: Water Quality Grant Agreement WQC-2019-Renton-00067 with the
Department of Ecology for the NE 16th Street/Jefferson Avenue NE
Stormwater Green Connections Project
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Ron Straka, Surface Water Utility Engineering Manager
EXT.: 7248
FISCAL IMPACT SUMMARY:
The grant agreement provides $2,075,095 of grant funding into the proposed 2019 Surface Water Utility
Capital Improvement Program budget for the NE 16th/Jefferson Avenue NE Stormwater Project (427.475508).
The grant requires $608,365 of matching funds for a total grant agreement amount of $2,683,460. The
proposed 2019-2020 Surface Water Utility Capital Improvement Program budget includes $625,000 to provide
matching funds for the project. If the proposed budget is approved there will be sufficient funding in the
project budget for the required matching funds.
SUMMARY OF ACTION:
NE 16th Street and Jefferson Avenue NE have been identified as “Green Connections” per the adopted Sunset
Community Plan, Planned Action Environmental Impact Statement (Ordinance 5610) and Sunset Area Surface
Water Master Plan (Ordinance 5611). These ordinances identify segments of residential streets to be
transformed to improve pedestrian mobility, improve stormwater quality, reduce the quantity of stormwater
runoff and create an inviting corridor to enhance the neighborhood. In order to imple ment the Sunset Area
Surface Water Master Plan goals for these green connections the Surface Water Utility applied for a
Department of Ecology Stormwater Quality Grant and was awarded $2,075,095 in grant funding.
The NE 16th Street/Jefferson Avenue NE Stormwater Green Connections Project will also protect water quality
in John’s Creek and May Creek through the installation of low impact development facilities such as pervious
concrete sidewalks and bioretention facilities. The project will provide water quality treatment for existing
city streets to reduce stormwater runoff pollutants and provide infiltration to reduce the quantity of runoff to
streams. The grant provides funding for project permitting (SEPA), cultural resource review and Inadvertent
Discovery Plan (IDP) preparation, completion of a project design report, development of construction plans
and specifications and project construction.
EXHIBITS:
A. Agreement
B. Vicinity Map
STAFF RECOMMENDATION:
Execute the Water Quality Grant Agreement WQC-2019-Renton-00067 with the Department of Ecology to
accept $2,075,095 in grant funds for the NE 16th Street/Jefferson Avenue NE Stormwater Green Connections
Project.
AGENDA ITEM #7. e)
Agreement No. WQC-2019-Renton-00067
WATER QUALITY COMBINED FINANCIAL ASSISTANCE 2019 AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF RENTON
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology,
hereinafter referred to as “ECOLOGY,” and City of Renton, hereinafter referred to as the “RECIPIENT,” to carry out
with the provided funds activities described herein.
NE 16th - Jefferson Avenue NE Stormwater
Green Connections Project
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project will improve water quality in John’s and May creeks through the installation of low impact
development facilities on NE 16th Street and Jefferson Avenue in the City of Renton. This project will provide
treatment for total suspended solids (TSS) and oil (total petroleum hydrocarbons). Infiltration following
treatment will decrease the amount of dissolved copper, dissolved zinc, and total phosphorus and will reduce
flows to John’s and May creeks by increasing stormwater infiltration.
Project Long Description:
The RECIPIENT will install water quality treatment facilities and on-site flow reduction best management
practices (BMPs), such as bioretention facilities and pervious sidewalks, on segments of the NE 16th Street and
Jefferson Avenue NE. The streets are part of the Sunset Area Community, a single-family residence area. The
existing roadways have informal concrete shoulders and no sidewalks. Curb, gutter, and a pervious concrete
sidewalk will replace the existing pedestrian path and improve pedestrian safety. Existing street runoff will enter
the new water quality treatment facilities along both sides of the street or alternating sides through curb-cuts.
$2,683,460.00
$2,683,460.00
$2,075,095.00
$608,365.00
07/01/2018
06/30/2022
Stormwater Facility
AGENDA ITEM #7. e)
Page 2 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
The water quality treatment facilities will slow stormwater runoff and break down and remove pollutants, such
as TSS, phosphorus, nitrogen, heavy metals, and hydrocarbons. A storm conveyance system will collect and
convey street roadway runoff to and from the water quality treatment facilities. Furthermore, the improvements
will increase conveyance capacity, reduce the likelihood of flooding, and reduce pollutants being discharged
into John’s and May creeks, which are listed as Category 5 on the 303(d) list for fecal coliform bacteria, oxygen
and temperature. John’s Creek has experienced five temporary summer closures to the public recreational
swimming beaches between 2004 and 2014 due to high bacteria count. Beyond the grant’s Scope of Work, the
project will also create a planter strip area between the street and sidewalk, which will allow for soil amendment
in these areas, and the planting of native trees and green space to increase infiltration and evapotranspiration
within the street right-of-way.
The construction project will include installation of low impact development facilities to mitigate runoff from
approximately two acres of pollution generating impervious surfaces. The constructed project will reduce
pollutant loading to John’s Creek and Lake Washington, improve water quality, and help recharge the city’s
groundwater.
Overall Goal:
This project will help protect and restore water quality in Washington by reducing stormwater impacts from
existing infrastructure and development.
Version 10/30/2015
AGENDA ITEM #7. e)
Page 3 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
City of Renton
91-6001271
949697221
Renton City Hall, 5th Floor, 1055 South Grady Way
Renton, WA 98057-3232
Renton City Hall, 5th Floor
1055 South Grady Way
Renton, Washington 98057-3232
Jared McDonald
Civil engineer III
Renton City Hall, 5th Floor
1055 South Grady Way
Renton, Washington 98057-3232
Email: jmcdonald@rentonwa.gov
Phone: (425) 430-7248
Authorized
Signatory
Jared McDonald
Civil engineer III
Renton City Hall, 5th Floor
1055 South Grady Way
Renton, Washington 98057-3232
Email: jmcdonald@rentonwa.gov
Phone: (425) 430-7248
Billing Contact
Project Manager
Authorized
Signatory
Denis W Law
Mayor
1055 S. Grady Way
Renton, Washington 98057
Email: dlaw@rentonwa.gov
Phone: (425) 430-6500
phintz@rentonwa.gov
Version 10/30/2015
AGENDA ITEM #7. e)
Page 4 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
Contacts
Project
Manager
Financial
Manager
Technical
Advisor
Cleo Neculae
3190 - 160th Ave SE
Bellevue, Washington 98008-5452
Email: cnec461@ecy.wa.gov
Phone: (425) 649-7216
Frances Carver
PO Box 47600
Olympia, Washington 98504-7600
Email: fcar461@ecy.wa.gov
Phone: (360) 407-6564
Amanda Heye
PO Box 47600
Olympia, Washington 98504-7600
Email: ahey461@ecy.wa.gov
Phone: (360) 407-6457
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Version 10/30/2015
AGENDA ITEM #7. e)
Page 5 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things
necessary for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and
conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all
applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the
RECIPIENT has read, understood, and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties, and there are no other understandings or
representations other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed
by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do
agree in each and every particular and have thus set their hands hereunto.
Washington State
Department of Ecology
Water Quality
Date Date
City of Renton
Heather R. Bartlett
Mayor
Denis W Law
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
Version 10/30/2015
AGENDA ITEM #7. e)
Page 6 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
Clerk Date
Jason A. Seth
Attorney Date
Shane Moloney
Version 10/30/2015
AGENDA ITEM #7. e)
Page 7 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
SCOPE OF WORK
Task Number:1 Task Cost: $25,000.00
Task Title:Project Administration/Management
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for
reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including
photos).
B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement,
contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required
permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items.
C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and
scheduling project activities and assuring quality control. Every effort will be made to maintain effective
communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any
interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates
outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements.
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement, quarterly progress reports, and RECIPIENT closeout
report.
* Properly maintained project documentation
Recipient Task Coordinator: Jared McDonald
Deliverables
Project Administration/Management
Number Description Due Date
1.1 Quarterly Progress Reports
1.2 Recipient Closeout Report
1.3 Project Outcome Summary Report
Version 10/30/2015
AGENDA ITEM #7. e)
Page 8 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
SCOPE OF WORK
Task Number:2 Task Cost: $415,000.00
Task Title:Design Plans and Specs, Environmental Review
Task Description:
The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to
ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance.
A.The RECIPIENT will coordinate the preparation and submittal of State Environmental Policy Act (SEPA)
documentation.
B.The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal
and federal permits, licenses, easements, or property rights necessary for the project.
C.The RECIPIENT will comply with Executive Order (05-05) cultural resources review requirements. To initiate
cultural resources review the RECIPIENT will:
1.Submit an ECOLOGY 05-05/106 Form, or a cultural resources survey or assessment completed by a licensed
archaeologist to ECOLOGY. All submitted materials must conform to the Washington State Standards for Cultural
Resource Reporting (DAHP February 2014).
2.Develop and submit an Inadvertent Discovery Plan (IDP) to ECOLOGY. The RECIPIENT will ensure that all
contractors and subcontractors have a copy of the completed IDP prior to and while working on-site. An IDP template
may be found on the ECOLOGY website.
Ground disturbing work (including geotechnical investigations) completed prior to receiving written notice to proceed
from ECOLOGY shall not be eligible for reimbursement.
D.The RECIPIENT will develop a project Design Report. Projects must be designed in accordance with the
Stormwater Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington,
or equivalent manual. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for
reimbursement.
The RECIPIENT will submit one digital copy of the items listed below to ECOLOGY for review. Reduce design
figures to 11x17 inches in size and ensure they are legible.
1.Design Report. For a complete list of required design report elements refer to the ECOLOGY website.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design
Report Acceptance Letter prior to proceeding to 90 Percent design.
2.90 Percent Design Package. At a minimum, this package must include 90 percent plans, specifications, engineer’s
opinion of cost which includes a schedule of eligible costs, and project construction schedule. For current bid inserts
and specifications refer to the ECOLOGY website.
Version 10/30/2015
AGENDA ITEM #7. e)
Page 9 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent
Design Acceptance Letter prior to proceeding Final Design.
3.The RECIPIENT will submit a digital copy of the Final Bid Package to ECOLOGY for review and acceptance
prior to advertising the project. The Final Bid Package includes: project plans, specifications, engineer’s opinion of
cost including a schedule of eligible costs, and project construction schedule.
Task Goal Statement:
The RECIPIENT will complete all design, environmental review, and permitting tasks and respond to ECOLOGY
comments in a timely manner.
Task Expected Outcome:
The project will meet the requirements set forth by the State Environmental Policy Act, cultural resource protection
requirements, ECOLOGY water quality facility design standards, and all other applicable federal, state, and local laws
and regulations.
Version 10/30/2015
AGENDA ITEM #7. e)
Page 10 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
Recipient Task Coordinator: Jared McDonald
Deliverables
Design Plans and Specs, Environmental Review
Number Description Due Date
2.1 Copy of SEPA determination documentation. Upload to EAGL and
notify ECOLOGY when upload is complete.
2.2 Submit ECOLOGY 05-05/106 Form and any supplemental cultural
resources documentation including Cultural Resource surveys directly to
the Ecology Project Manager. Upload the Final Determination Letter to
EAGL.
2.3 Inadvertent Discovery Plan. Upload to EAGL and notify ECOLOGY
when upload is complete.
2.4 Design Report. Upload to EAGL and notify ECOLOGY when upload is
complete.
2.5 Responses to ECOLOGY Design Report comments. Upload to EAGL
and notify ECOLOGY when upload is complete.
2.6 Ecology Design Report Acceptance Letter. Upload to EAGL and notify
ECOLOGY when upload is complete.
2.7 90 Percent Design Package. Upload to EAGL and notify ECOLOGY
when upload is complete.
2.8 Responses to ECOLOGY 90 Percent Design Plan comments. Upload to
EAGL and notify ECOLOGY when upload is complete.
2.9 Ecology 90 Percent Design Acceptance Letter. Upload to EAGL and
notify ECOLOGY when upload is complete.
2.10 List of permits acquired, and environmental review documents. Upload
to EAGL and notify ECOLOGY when upload is complete.
2.11 Final Bid Package. Upload to EAGL and notify ECOLOGY when upload
is complete.
2.12 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and
notify ECOLOGY when upload is complete.
Version 10/30/2015
AGENDA ITEM #7. e)
Page 11 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
SCOPE OF WORK
Task Number:3 Task Cost: $93,460.00
Task Title:Construction Management
Task Description:
A.The RECIPIENT will provide construction oversight and management of the project.
B.The RECIPIENT will submit a detailed construction quality assurance plan to ECOLOGY for review and
acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and
competent construction oversight. Once accepted by Ecology, upload to EAGL.
C.The RECIPIENT will conduct a pre-construction conference meeting and invite ECOLOGY to attend.
D.The RECIPIENT will submit an updated project schedule with projected cash flow to ECOLOGY within 30 days
of the start of construction. The RECIPIENT will revise and/or update the project schedule whenever major changes
occur and at a minimum of every three months. The RECIPIENT will submit the updated schedule to ECOLOGY with
the quarterly report. When changes in the construction schedule affect previous cash flow estimates, the RECIPIENT
must submit revised cash flow projections to ECOLOGY.
E.Prior to execution, the RECIPIENT will submit in writing any eligible change orders that are a significant deviation
from ECOLOGY-accepted plans and specifications for ECOLOGY review and acceptance for payment. ECOLOGY
must review and accept all change orders that impact grant eligible activities prior to implementation. ECOLOGY
must review all other change orders for technical merit and should be submitted within 30 days after execution.
Change orders are to be signed by the contractor, the engineer (if appropriate), and the RECIPIENT prior to submittal
to ECOLOGY for acceptance.
F.The RECIPIENT will operate and maintain the constructed facility for the design life of the facility. Additionally,
the RECIPIENT will develop and submit an operations and maintenance (O&M) plan for all Water Quality Best
Management Practices to ECOLOGY for review. The O&M plan will describe how the RECIPIENT will ensure
project success consistent with the design manual used. The O&M plan must also address long-term activities to assure
ongoing pollutant removal and flow-control capability of the project in accordance with the design manual.
G.Upon completion of construction, the RECIPIENT will provide to ECOLOGY:
1.A Stormwater Construction Completion Form signed by a professional engineer indicating that the project was
completed in accordance with the plans and specifications and major change orders approved by ECOLOGY’s Project
Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the
ECOLOGY website.
2.GIS compatible project area in Shapefile, Geodatabase file, or ECOLOGY-Approved Equivalent. The project area
should include features for treatment facilities and contributing areas.
Task Goal Statement:
The RECIPIENT will oversee and manage construction, communicate with ECOLOGY in a timely fashion, and
provide ECOLOGY with all requested project documentation.
Version 10/30/2015
AGENDA ITEM #7. e)
Page 12 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
Task Expected Outcome:
Project will be constructed on schedule and in accordance with accepted plans.
Recipient Task Coordinator: Jared McDonald
Deliverables
Construction Management
Number Description Due Date
3.1 Construction Quality Assurance Plan. Submit to ECOLOGY for review
and acceptance. Upload to EAGL and notify ECOLOGY when upload is
complete.
3.2 Pre-construction conference meeting minutes. Upload to EAGL and
notify ECOLOGY when upload is complete.
3.3 Project Schedule. Upload to EAGL using naming convention D3.3
SCHEDULE MO-DA-YEAR and notify ECOLOGY when upload is
complete.
3.4 Revised Cash Flow Estimates when changes in construction schedule
occur. Upload to EAGL using naming convention D3.4 CASHFLOW
MO-DA-YEAR and notify ECOLOGY when upload is complete.
3.5 Change Order(s). Upload to EAGL and notify ECOLOGY when upload
is complete.
3.6 Copy of Facility Operation and Maintenance Plan. Submit to ECOLOGY
for review and acceptance. Upload to EAGL and notify ECOLOGY
when upload is complete.
3.7 Stormwater Construction Completion Form. Upload to EAGL and notify
ECOLOGY when upload is complete.
3.8 Project Area Shapefile, Geodatabase file, or ECOLOGY-approved
Equivalent. The project area should include features for treatment
facilities and contributing areas. Upload to EAGL and notify ECOLOGY
when upload is complete.
Version 10/30/2015
AGENDA ITEM #7. e)
Page 13 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
SCOPE OF WORK
Task Number:4 Task Cost: $2,150,000.00
Task Title:Construction
Task Description:
A.The RECIPIENT will, in accordance with ECOLOGY-accepted plans and specifications, complete construction of
the project. The construction project will include installation of low impact development facilities to mitigate runoff
from approximately two acres of pollution generating impervious surfaces.
B.Calculate and submit an equivalent new/re-development area for the completed retrofit project(s) using the
methods outlined in the Combined Water Quality Financial Assistance Program Funding Guidelines or other
ECOLOGY-accepted method.
Task Goal Statement:
Construction of the project in accordance with ECOLOGY-accepted plans and specifications.
Task Expected Outcome:
Constructed project will provide water quality benefits including reductions total suspended solids (TSS) and oil (total
petroleum hydrocarbons). Infiltration following treatment will decrease the amount of dissolved copper, dissolved
zinc, and total phosphorus and will reduce flows to John’s and May creeks by increasing stormwater infiltration.
Recipient Task Coordinator: Jared McDonald
Deliverables
Construction
Number Description Due Date
4.1 Copy of the contract documents (e.g. bid announcement, bid award and
bid tabulations). Upload to EAGL and notify ECOLOGY when upload is
complete.
4.2 Copy of signed and dated construction contract. Upload to EAGL and
notify ECOLOGY when upload is complete.
4.3 Construction progress reports and photos included in progress reports
uploaded to EAGL.
4.4 Completed equivalent new/redevelopment area determination. Upload to
EAGL and notify ECOLOGY when upload is complete.
Version 10/30/2015
AGENDA ITEM #7. e)
Page 14 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
BUDGET
Funding Distribution EG190126
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
SFAP - SFY17 (WQC-2019)
17.29%
Environmental Legacy Stewardship Account (ELSA) - State
Type:
Funding Source %:
Description:
Title:
State
SFAP-SFY19
82.71%
Environmental Legacy Stewarship Account (ELSA) - State
Type:
Funding Source %:
Description:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 0%
25%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
SFAP
07/01/2018 06/30/2022
Grant
Version 10/30/2015
AGENDA ITEM #7. e)
Page 15 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
SFAP Task Total
Project Administration/Management 25,000.00$
Design Plans and Specs, Environmental Review 165,000.00$
Construction Management 93,460.00$
Construction 2,150,000.00$
2,433,460.00$Total:
Version 10/30/2015
AGENDA ITEM #7. e)
Page 16 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
BUDGET
Funding Distribution EG190127
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
SFAP - SFY18 (WQC-2019)
100%
Environmental Legacy Stewardship Account (ELSA) - State
Type:
Funding Source %:
Description:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 0%
0%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
SFAP Green Retrofit Incentive
07/01/2018 06/30/2022
Grant
SFAP Green Retrofit Incentive Task Total
Design Plans and Specs, Environmental Review 250,000.00$
250,000.00$Total:
Version 10/30/2015
AGENDA ITEM #7. e)
Page 17 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%1,825,095.00 2,433,460.00608,365.0025.00SFAP
$$$%250,000.00 250,000.000.000.00SFAP Green Retrofit Incentive
Total $$608,365.00 2,075,095.00 $2,683,460.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
“Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98
WAC, to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest
earned in an Administrative Charge Account.
“Administrative Requirements” means the effective edition of ECOLOGY's Administrative Requirements for
Recipients of Ecology Grants and Loans at the signing of this agreement.
“Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest
plus all principal due on such bonds or loans in such year.
“Average Annual Debt Service” means, at the time of calculation, the sum of the Annual Debt Service for the
remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years.
“Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These
interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases,
and mineral rights.
“Centennial Clean Water Program” means the state program funded from various state sources.
“Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of
the project.
“Cost Effective Analysis” means a comparison of the relative cost-efficiencies of two or more potential ways of
solving a water quality problem as described in Chapter 173-98-730 WAC.
“Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments
and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due.
“Effective Date” means the earliest date on which eligible costs may be incurred.
“Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge.
“Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT.
“Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount.
“Equivalency” means projects designated by ECOLOGY to meet additional federal requirements.
“Expiration Date” means the latest date on which eligible costs may be incurred.
“Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT
Version 10/30/2015
AGENDA ITEM #7. e)
Page 18 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
through such time as the loan is officially closed out and a final loan repayment schedule is issued.
“Final Loan Amount” means all principal of and interest on the loan from the Project Start Date through the Project
Completion Date.
“Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final
Loan Amount.
“Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower.
“General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the
RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
“General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a
valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and
statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable
property within the boundaries of the RECIPIENT.
“Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and
operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility
Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal
proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance,
or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account
other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special
account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code.
“Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the
project is funded.
“Initiation of Operation Date” means the actual date the Water Pollution Control Facility financed with proceeds of the
loan begins to operate for its intended purpose.
“Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
(Centennial) Loan made pursuant to this loan agreement.
“Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount, as applicable.
“Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on
the loan.
“Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan.
“Loan Term” means the repayment period of the loan.
“Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the
Utility to be operated and maintained in good repair, working order, and condition including payments to other parties,
but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes.
“Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense.
“Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents.
“Principal and Interest Account” means, for a loan that constitutes Revenue-Secured Debt, the account created in the
loan fund to be first used to repay the principal of and interest on the loan.
“Project” means the project described in this agreement.
“Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully
completed. This term is only used in loan agreements.
“Project Schedule” means that schedule for the project specified in the agreement.
“Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and
one not a general obligation of the RECIPIENT.
“Reserve Account” means, for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term
and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the
principal of and interest on the loan.
“Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors
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City of Renton
associated to a RECIPIENT or project.
“Scope of Work” means the tasks and activities constituting the project.
“Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water
pollution.
“Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date
of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or
issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility
prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense.
“State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund
established by Chapter 90.50A.020 RCW.
“Termination Date” means the effective date of ECOLOGY’s termination of the agreement.
“Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any
outstanding balance of the loan and all accrued interest.
“Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been
determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match.
“Total Project Cost” means the sum of all costs associated with a water quality project, including costs that are not
eligible for ECOLOGY grant or loan funding.
“ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of
additions to and extensions and betterments of the Utility.
“ULID Assessments” means all assessments levied and collected in any ULID. Such assessments are pledged to be
paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or
account). ULID Assessments will include principal installments and any interest or penalties which may be due.
“Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT,
the Net Revenue of which is pledged to pay and secure the loan.
SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY
COMBINED FINANCIAL ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are
available on ECOLOGY’s Water Quality Program website.
A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements
of Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services,” have been, or shall be, met in
procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and
ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY.
B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an
acquisition project:
a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights
and the type of ownership interest that has been acquired.
b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased
with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State
of Washington) shall be incorporated into the agreement before final payment.
c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser
interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to
ECOLOGY, on behalf of the State of Washington. The documents required will depend on the project type, the real
property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below).
The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where
the real property lies, and to provide a copy of the recorded document to ECOLOGY.
Documentation Options:
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City of Renton
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect,
and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document
when acquiring real property rights that include the underlying land. This document may also be applicable for those
easements where the RECIPIENT has acquired a perpetual easement for public purposes. The RECIPIENT must
obtain ECOLOGY approval on the draft language prior to executing the deed of right.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement
to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water
quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and
must be incorporated by reference in the easement document.
3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment
of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document.
Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft
language prior to executing the easement or lease.
d. Real Property Acquisition and Relocation Assistance.
1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF
funded projects.
2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the
terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of
Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in
subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the
RECIPIENT agrees to provide any housing and relocation assistance required.
e. Hazardous Substances.
1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed
acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify:
i. No hazardous substances were found on the site, or
ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and
federal laws, and the site is deemed “clean.”
2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous
substances as set forth in RCW 70.105D.
3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its
employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense
and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of,
or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring.
f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses
The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired,
developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for
which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such
as one involving a lease or a term-limited restoration, renovation or development project or easement, this restriction
on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required
by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term
specified by the lease, easement, deed, or landowner agreement.
C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that
activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water
Quality Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website.
D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment
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City of Renton
reimbursement. Washington State’s Department of Enterprise Services (DES) issues all payments. DES maintains a
central vendor file for Washington State agency use to process vendor payments. The RECIPIENT can complete the
registration process online at:
http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. This registration process
allows the RECIPIENT to sign up for direct deposit payments, also known as electronic fund transfers (EFT). If the
RECIPIENT has questions about the vendor registration process or setting up direct deposit payments contact DES
Payee Help Desk at (360) 407-8180or payeehelpdesk@watech.wa.gov.
E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology
approved construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before
purchase. All equipment purchases over $5,000 and not included in a contract for work being completed on the
funded project, must also be reported on the Equipment Purchase Report in EAGL.
F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for
Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of
project signs, acknowledgement in published materials, reports, the news media, websites, or other public
announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant
signs. Sign logos are available from ECOLOGY’s Financial Manager upon request.
G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with
the requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the
status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify
ECOLOGY in writing of this change within 30 days.
H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary
for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal
Cooperation Act.” The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to
ECOLOGY upon request.
I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under
this agreement.
J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project
results or water quality project outcomes and the status of long-term environmental results or goals from the project
approximately three years after project completion. A representative from ECOLOGY’s Water Quality Program may
contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may
otherwise evaluate the project, as part of this assessment.
K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of
this agreement. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review
spending trends, completion of outcome measures, and overall project administration and performance. If the
RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope
of work, reduce grant funds, or increase oversight measures.
L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement
shall be consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical
Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines. Technical
assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in
writing by ECOLOGY.
SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN
WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS.
The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY:
1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program
website.
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Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
2. “Section 319 Initial Data Reporting” form in EAGL.
A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before
this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA.
B. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT
shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA
logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain
the appropriate EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology Financial Manager.
To increase public awareness of projects serving communities where English is not the predominant language,
RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages.
Translation costs for this purpose are allowable, provided the costs are reasonable.
The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this
agreement:
“This project has been funded wholly or in part by the United States Environmental Protection Agency under an
assistance agreement to the Washington State Department of Ecology. The contents of this document do not
necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade
names or commercial products constitute endorsement or recommendation for use.”
C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting”
form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the
RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs)
installed and associated pollutant load reductions that were funded as a part of this project.
D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time
extension cannot exceed the time limitation established in EPA’s assistance agreement. In the event a time extension
is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this
agreement by the expiration date.
SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND
(SRF) LOAN FUNDED PROJECTS ONLY.
A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT
Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental
Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in
accordance with the standards in Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of
Accounting”.
B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions
of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)-
-Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL
100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act.
C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from
an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The
RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the
fiscal year or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report
Package MUST be submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at:
https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single
audit submission, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/.
D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional
requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800).
E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements:
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City of Renton
RECIPIENTs shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the
RECIPIENT must ensure that their organization’s information in the System for Award Management (SAM),
https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates
the information at least annually after the initial registration, and more frequently if information changes.
F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to
comply with the requirements of the Environmental Protection Agency’s Program for Utilization of Small, Minority,
and Women’s Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting
compliance with the following six good faith efforts shall be retained:
1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government
RECIPIENTs, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them
whenever they are potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and
facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever
possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or
proposal closing date.
3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with
Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include
dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum
participation by Disadvantaged Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for
one of these firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency
of the Department of Commerce.
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request.
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
administration provisions of 40 CFR, Section 33.302.
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or
sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33
in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the
RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination
of this contract or other legally available remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections.
The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI
and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education
Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against
Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law,
regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the
RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be
given a reasonable time in which to cure this noncompliance.
The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors,
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NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
engineers, vendors, and any other entity for work or services pertaining to this agreement.
“The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this
Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of
contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out
these requirements is a material breach of this Contract which may result in termination of this Contract or other
legally available remedies.”
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The
bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote
subcontracts, including both MBE/WBEs and non-MBE/WBEs.
1. Entity's name with point of contact
2. Entity's mailing address, telephone number, and e-mail address
3. The procurement on which the entity bid or quoted, and when
4. Entity's status as an MBE/WBE or non-MBE/WBE
G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided
under this agreement for costs in the development or purchase of EIT systems or products provide individuals with
disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a
program, including those offered through electronic and information technology as per Section 504 of the
Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to
meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability
features or functions that accommodate the needs of persons with disabilities, including those who use assistive
technology.
H. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or
training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of
the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the
Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance,
or to find other information about the Act. Pursuant to 15 USC 2225a.
I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in
forms of trafficking in persons during the period of time this agreement is effective. This includes, but is not limited
to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of
any information received from any source alleging a violation under this provision.
SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED
PROJECTS ONLY.
The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by
ECOLOGY:
1. Financial Capability Assessment Documentation
2. Opinion of RECIPIENT’s Legal Council
3. Authorizing Ordinance or Resolution
4. Federal Funding Accountability and Transparency Act (FFATA) Form
5. CWSRF Federal Reporting Information form available in EAGL
6. Fiscal Sustainability Plan Certification Form (only required if the project includes construction of a wastewater or
stormwater facility construction)
7. Cost and Effectiveness Analysis Certification Form
A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially
alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall
take no action which would adversely affect the eligibility of the project as defined by applicable funding program
rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein.
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Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration,
maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et
seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United
States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes
and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from
this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate
all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for
the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request
documentation of RECIPIENT’S compliance with this provision.
C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington,
including the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution.
The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager
before this agreement shall be signed by ECOLOGY.
D. Equivalency Projects: (For designated equivalency projects only)
1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in
Chapter 11 of Title 40, U.S.C. (see
www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap11.pdf).
E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan
Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available
from the ECOLOGY Financial Manager or on the Water Quality Program website.
F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the
RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA
assistance agreements nationwide. The signage guidance can be found at:
http://www.ecy.wa.gov/programs/wq/funding/FundPrgms/CWSRF/SignageGuidanceJune2015.pdf.
G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage, public liability, and
property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT
on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by
municipal or privately-owned utilities engaged in the operation of like systems, and against such claims for damages
as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, or it shall
self-insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the
RECIPIENT, to protect it against loss.
H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to
restrain, or enjoin:
(i) the execution of this agreement; or
(ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and
collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured
lien obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general
obligation-secured loans and general obligation payable from special-assessment-secured loans); or
(iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are
authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to
their respective offices is being contested. No authority or proceeding for the execution of this agreement has been
repealed, revoked, or rescinded.
I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the
loan, unless terminated earlier according to the provisions herein.
When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this
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loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan
repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan
and all accrued interest to the computation date.
The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear
interest based on the interest rate identified in this agreement as the “Effective Interest Rate,” per annum, calculated on
the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly
based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal
installments, semiannually, over the term of this loan “Loan Term” as outlined in this agreement.
J. Loan Repayment:
Sources of Loan Repayment
1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources
identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be
absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any kind.
To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants,
agreements, and attachments contained herein.
2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the
RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations
provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries
of the RECIPIENT.
4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan
shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net
Revenue of any Senior Lien Obligations.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall
constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever.
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available
to it.
6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and
shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan.
If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately
upon their receipt, together with other available RECIPIENT funds, to repay both of the following:
(i) The Loan Amount with interest
(ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion
ECOLOGY finds that repayment from those additional sources would not be in the public interest.
Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such
repayment shall incur Late Charges and shall be treated as a Loan Default.
7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall
give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the
loan.
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of
principal and interest on this loan shall be due and payable no later than one year after the project completion date or
initiation of operation date, whichever comes first.
Thereafter, equal payments shall be due every six months.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State
agencies, the payment shall be due on the next business day for Washington State agencies.
Payments shall be mailed to:
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City of Renton
Department of Ecology
Cashiering Unit
P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial
Manager.
No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed
amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement
until the amendment is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended
agreement.
2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this
agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge
shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is
paid in full.
3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others:
those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments.
4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid
principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the
Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the
outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid
balance and accrued interest, the RECIPIENT shall first contact ECOLOGY’s Revenue/Receivable Manager of the
Fiscal Office.
K. Loan Security
Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for
Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other
outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay
into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over
and above such Maintenance and Operation Expense and those debt service requirements.
Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the
sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses.
Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the
RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory
tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the
RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay
when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are
pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and
interest.
Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on
special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an
indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations.
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long
as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable
ULID Assessments in the ULID, to pay when due the principal of and interest on the loan.
Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All
ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the
loan.
L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded
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City of Renton
Utility in good repair, working order, and condition.
M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the
RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form.
N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the
Davis-Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment
works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by
Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed
by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those
prevailing on projects of a character similar in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing
requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations
shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required
EPA contract language regarding Davis-Bacon Wages is in all contracts and sub contracts in excess of $2,000. The
RECIPIENT shall maintain records sufficient to document compliance with the Davis-Bacon Act, and make such
records available for review upon request.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works,
Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public
work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT
agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records
available for review upon request.
O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the
following verification statement in the “General Comments” text box of each progress report.
“We verify that we are in compliance with all the requirements as outlined in our funding agreement(s) with the
Department of Ecology. This includes but is not limited to:
- The Davis-Bacon Act, 29 CFR (If applicable)
- Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients)
- The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33”
P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows:
Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in
connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement,
true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this
agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY.
Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the
state of Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute,
deliver, and perform all of its obligations under this agreement and to undertake the project identified herein.
Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all
representations and warranties made in this loan agreement remain true as of the date of the request and that no
adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to
repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the
RECIPIENT’s financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for
payment.
Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the
works, plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part
of the funded Utility unless:
1. The facilities or property transferred are not material to the operation of the funded Utility, or have become
unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer
necessary, material, or useful to the operation of the funded Utility; or
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City of Renton
2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises
no more than three percent of the total assets of the funded Utility; or
3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same
proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount
outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross
Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to
the total Gross Revenue for that period.
4. Expressed written agreement by the DEPARTMENT.
The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the
redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of
additions to and betterments and extensions of the Utility.
R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects: If not already in existence, the
RECIPIENT shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be
submitted to ECOLOGY upon request.
The sewer use ordinance must include provisions to:
1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system.
2) Prohibit inflow of stormwater into separated sewer systems.
3) Require that new sewers and connections be properly designed and constructed.
S. Termination and Default:
Termination and Default Events
1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient
ECOLOGY or RECIPIENT funds.
2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to
commence project work.
3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan
repayment becomes 60 days past due.
4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full
by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its
obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to
perform any obligation required of it by this loan agreement.
Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide
to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination
(the “Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date
and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all
accrued interest (the “Termination Payment Date”).
Termination and Default Remedies
No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its
sole discretion, withdraw the loan and make no further payments under this agreement.
Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event,
ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount
and all accrued interest.
Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the
RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof.
Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and
interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien
Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien
Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges.
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City of Renton
Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or
after acceleration following a default event, as applicable, shall incur late charges.
Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,”
any state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the
repayment of the loan.
Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property
(equipment) acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In
that circumstance, ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair
value of such property.
Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall, at the option
of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take
any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and
observance of any obligation by the RECIPIENT, under this agreement.
Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of
attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff)
shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW.
Damages. Notwithstanding ECOLOGY’s exercise of any or all of the termination or default remedies provided in this
agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and/or the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may
withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the
RECIPIENT is determined.
T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and
implement a user-charge system and shall adopt a system of user-charges to assure that each user of the funded utility
shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life
of the project. The user-charge system will include provisions for a connection charge.
In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system
provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for
replacement, and to repay the loan.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred,
proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal
government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certification, they must provide an explanation as to why they
cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
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City of Renton
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact ECOLOGY for assistance in obtaining a copy of those regulations.
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal
remedies, including suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
·Receives more than $25,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.
Ecology is required to report the FFATA information for federally funded agreements, including the required
DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA
information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
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City of Renton
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION
1.ADMINISTRATIVE REQUIREMENTS
a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL
Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement.
c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right
to request proof of compliance by subgrantees and contractors.
d)RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character of all work and services.
2.AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No
subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff
contacts and administrative information without the concurrence of either party.
3.ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic
resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to
historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this
Agreement.
RECIPIENT shall:
a)Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their
project:
•For capital construction projects or land acquisitions for capital construction projects, if required, comply with
Governor Executive Order 05-05, Archaeology and Cultural Resources.
•For projects with any federal involvement, if required, comply with the National Historic Preservation Act.
•Any cultural resources federal or state requirements must be completed prior to the start of any work on the project
site.
b)If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to
implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
•Keep the IDP at the project site.
•Make the IDP readily available to anyone working at the project site.
•Discuss the IDP with staff and contractors working at the project site.
•Implement the IDP when cultural resources or human remains are found at the project site.
c)If any archeological or historic resources are found while conducting work under this Agreement:
•Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic
Preservation at (360) 586-3064, any affected Tribe, and the local government.
d)If any human remains are found while conducting work under this Agreement:
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City of Renton
•Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, and
then the ECOLOGY Program.
e)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.
4.ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
5.COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,
ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups.
6.COMPENSATION
a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the
RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted.
b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified
with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to
expenditure.
d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e)ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g)RECIPIENT will receive payment through Washington State Department of Enterprise Services’ Statewide Payee
Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form
at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For
any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email
payeehelpdesk@watech.wa.gov.
h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion
thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to
this Agreement, as appropriate, or upon completion of an audit as specified herein.
j)RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial,
performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement.
7.COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits
related to this Agreement, including but not limited to:
a)RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State
of Washington which affect wages and job safety.
b)RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against
discrimination.
c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project
timeline for the permit and approval processes.
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AGENDA ITEM #7. e)
Page 34 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered
modified to conform to that statute or rule of law.
8.CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or
responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial
interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part,
in this Agreement or the proceeds thereof.
9.CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
award all contracts for construction, purchase of goods, equipment, services, and professional architectural and
engineering services through a competitive process, if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT
may be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with
state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion.
10.DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this
Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a)RECIPIENT notifies the funding program of an appeal request.
b)Appeal request must be in writing and state the disputed issue(s).
c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d)ECOLOGY reviews the RECIPIENT’s appeal.
e)ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the
review.
The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of
such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or
duly authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director’s
decision will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method, in
addition to the dispute resolution procedure outlined above.
11.ENVIRONMENTAL DATA STANDARDS
a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses
environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact
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Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
•Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance
(QA) officer or the Program QA coordinator instructs otherwise.
•Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July
2004 (Ecology Publication No. 04-03-030).
•Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the
Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The
RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find
instructions at: http://www.ecy.wa.gov/eim.
c)RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected
and processed. Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT,
when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables,
raw data collection files, map products, and all metadata and project documentation.
12.GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought
hereunder will be in the Superior Court of Thurston County.
13.INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the
project described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the
other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act
or omission of that party or that party's agents or employees arising out of this Agreement.
14.INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue
to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of
the other party.
15.KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement
to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift
in return for award of a subcontract hereunder.
16.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and
women-owned (WBE) businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged
to take the following actions, when possible, in any procurement under this Agreement:
a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods
or services.
b)Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum
participation by qualified minority and women's businesses.
c)Establish delivery schedules, where work requirements permit, which will encourage participation of qualified
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Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
minority and women's businesses.
d)Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises
(OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as
appropriate.
17.ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved
by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The
Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by
reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the
General Terms and Conditions.
18.PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the
fulfillment of this Agreement:
a)If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days
prior to production and distribution.
b)RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline.
c)If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible
products developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets,
videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator
magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to
provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best
represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s
graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY’s
logo contact ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
19.PROGRESS REPORTING
a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does
not document timely use of funds.
b)RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports.
c)RECIPIENT shall use ECOLOGY’s provided progress report format.
d)Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after
the end of the quarter being reported.
e)RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
20.PROPERTY RIGHTS
a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,
nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to
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AGENDA ITEM #7. e)
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Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
authorize others to use the same for federal, state, or local government purposes.
b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports,
maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c)Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d)Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology
Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary,
or upon specific instructions with respect thereto in this Agreement.
e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
1.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
2.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens
certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim
which would impair the uses intended by this Agreement.
g)Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any
equipment, property, or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance
which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such
property.
21.RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a)Be kept in a manner which provides an audit trail for all expenditures.
b)Be kept in a common file to facilitate audits and inspections.
c)Clearly indicate total receipts and expenditures related to this Agreement.
d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of
Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of
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AGENDA ITEM #7. e)
Page 38 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times,
in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
22.RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)
or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments
within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the
time ECOLOGY demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
23.SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid
provision, and to this end the provisions of this Agreement are declared to be severable.
24.STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State
Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any
reimbursements are subject to this provision.
25.SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
26.SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a)Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low
impact meetings, and setting up recycling and composting programs.
b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers
and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products
with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post-consumer
recycled paper.
For more suggestions visit ECOLOGY’s web page: Green Purchasing, ,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
27.TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
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AGENDA ITEM #7. e)
Page 39 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material
breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date
mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the
opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any
further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from
the RECIPIENT is determined.
b)For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best
interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted
below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding. In the event
funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and
prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate
the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding
insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although
ECOLOGY will make a reasonable attempt to provide notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor
through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the
recipient/contractor. In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the
agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c)By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written
agreement.
d)In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other
materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
Version 10/30/2015
AGENDA ITEM #7. e)
Page 40 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2019-Renton-00067
NE 16th - Jefferson Avenue NE Stormwater Green Connections Project
City of Renton
completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
28.THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state
of Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
29.WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,
and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
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AGENDA ITEM #7. e)
4,800
400
NE 16th St - Jefferson Ave NE
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.
FIG. 1: Project Area
9/18/2018
Legend
2720136
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Feet
Notes
272
WGS_1984_Web_Mercator_Auxiliary_Sphere
COR Maps - GIS
Jmcdonald@Rentonwa.gov
City and County Boundary
Parcels
Network Structures
Inlet
Manhole
Utility Vault
Unknown Structure
Control Structure
Pump Station
Discharge Point
Water Quality
Detention Facilities
Pond
Tank
Vault
Wetland
Stormwater Main
Culvert
Open Drains
Facility Outline
Private Network Structures
Inlet
Manhole
Utility Vault
Unknown Structure
Private Control Structure
NE 16th St - Jefferson Ave NE
FIG. 1:
PROJECT AREA
PROJECT AREA
ne
1
6
t
h
s
t
ne 16th
s
t
harrington ave neindex ave nejefferson ave nekirkland ave nene sunset blvdne 12th st ne 12th st
AGENDA ITEM #7. e)
AB - 2243
City Council Regular Meeting - 08 Oct 2018
SUBJECT/TITLE: 2019 and 2020 Utility Revenue Requirements, Capital Improvement
Programs and Fees
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Lys Hornsby, Director
EXT.: 7239
FISCAL IMPACT SUMMARY:
The proposed revenue increase will generate $354,825 in 2020 for the Water Utility, $216,743 in 2020 for the
Wastewater Utility, $231,815 in 2020 for the Surface Water Utility, and $700,000 in 2019 and $728,000 in
2020 for the Solid Waste Utility.
SUMMARY OF ACTION:
Staff hired a consultant to run the rate model for the 2019 and 2020 budget and provide six -year revenue
projections. The recommendations are to maintain the current Water Utility, Wastewater Utility, and Surface
Water Utility rates for 2019, increase revenues by 2% for each of the Water, Wastewater, and Surface Water
utilities for 2020, and increase the Solid Waste Utility rates by 4% each year for 2019 and 2020.
In addition staff proposes to continue to defer the King County rate stabilization charge for 2019 and 2020. We
have enough money in this fund to cover the 2019 and 2020 charges, so we can continue to defer this charge
for the next two years.
Staff also proposes increasing the system development charges ranging from 11% to 20% depending on the
utility to be phased in over two years to provide funding for revitalization capital projects.
Staff further proposes moderate increases to fees to reflect actual costs of permits and locates.
EXHIBITS:
A. Issue Paper
B. Table 1 Average Monthly Rates for 2019 and 2020
C. Table 2 System Development Charges
D. Table 3 System Development Charges Comparison
E. CIP Maps
F. Fee Schedule
STAFF RECOMMENDATION:
Approve the 2019-2020 proposed utility rates and fees and direct staff to prepare the necessary ordinances to
effect the changes.
AGENDA ITEM #7. f)
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:September 25, 2018
TO:Ed Prince, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator
STAFF CONTACT:Lys Hornsby, Utility Systems Director, ext. 7239
SUBJECT:2019 and 2020 Utility Revenue Requirements, Capital
Improvement Program and Fees
ISSUE:
Should Council approve the proposed 2019 and 2020 utility revenue requirements and
updated fees and direct staff to prepare the necessary ordinances to effect the changes?
RECOMMENDATION:
Maintain the current Water Utility, Wastewater Utility, and Surface Water Utility
rates for 2019, approve the proposed 2020 revenue increase of 2% for each of the
Water, Wastewater and Surface Water utilities, approve the proposed 2019 and
2020 revenue increase of 4% for each year for the Solid Waste Utility.
Maintain the King County rate stabilization charge at $0.00.
Approve the proposed 2019 and 2020 system development charges and updated
utility development fees.
Direct staff to prepare the ordinances allowing the City to charge the 2019 utility
rates beginning January 1, 2019, and to charge the 2020 utility rates beginning
January 1, 2020.
BACKGROUND SUMMARY:
In 2010 Council adopted financial criteria to stabilize the utility funds. The financial
criteria include:
Fund Balance, Operating Reserves and Rate Stabilization:
Water, Wastewater and Surface Water funds: 12% of annual
operating expenses or 30 to 45 days.
Solid Waste: $400,000.
AGENDA ITEM #7. f)
Ed Prince, Council President
Page 2 of 6
September 25, 2018
\LLHtp
King County Wastewater Treatment: $380,000.
Capital Contingency as System Reinvestment and Debt Service:
Surface Water: 1.25 debt service coverage (DSC) and
approximately $3 million annual system reinvestment.
Wastewater: 1.25 DSC and approximately $3 million annual system
reinvestment.
Water: 1.25 DSC and approximately $4 million annual system
reinvestment.
Bonds versus Cash Funded Projects:
All non-Capital Improvement Program (CIP) projects should be paid
for using rates (programs, system plans, education materials, etc.).
All system reinvestment, maintenance, replacement and
rehabilitation CIPs should be paid for using rates.
CIPs for new infrastructure, growth or increased capacity can be
paid for using bonds.
Over the past 10 years, City utilities placed a high priority on reinvesting in the
infrastructure and replacing, rehabilitating and maintaining the system. We have been
able to avoid bonding during this period which has stabilized the utility funds, reduced
our debt service costs and our debt to equity ratio.
Budget Considerations
Capital Improvement Program (CIP)
The emphasis in the utility capital improvement program for 2019 and 2020 is on
providing infrastructure for the City’s revitalization areas in downtown and the Highlands.
In addition, we must maintain our level of system reinvestment to ensure that our
infrastructure is up to date and operating efficiently. System reinvestment projects
include major maintenance, rehabilitation and replacement.
Water Utility
The Water Utility CIP consists of transmission and distribution main improvements for
revitalization areas and system reinvestment; infrastructure improvements (security and
telemetry); increased reservoir capacity (Kennydale and Highlands reservoirs); and
emergency power improvements. See attached Water Utility CIP map for project
locations. Program work includes water conservation, hydraulic modeling, and water
quality monitoring. The Water Utility CIP projects for 2019 and 2020 and their budgeted
amounts (in thousands of dollars) are listed below:
AGENDA ITEM #7. f)
Ed Prince, Council President
Page 3 of 6
September 25, 2018
\LLHtp
Water CIP Projects 2019
Budget
2020
Budget
Emergency Response Projects 100 100
Kennydale 320-Reservoir 500 0
Highlands 435-Zone Reservoirs 2,400 2,300
Water Main Replacement 1,500 1,500
Downtown Water Main Improvements 2,000 1,500
Telemetry Improvements 250 250
Water System Security 50 50
Emergency Power to Water Facilities 500 300
WSDOT I-405 Water Relocations 200 100
Water System Plan Update 100 50
Water Pump Station Rehabilitation 500 400
PRV's Replacement 300 300
Reservoir Recoating 200 200
Highlands Water Main Improvements 300 300
Automatic Meter Reading Conversion 50 50
Maplewood Filter Media Replacement 50 50
Aquifer Monitoring and Management 30 30
Water Main Oversizing 100 100
Rainier Ave S Phase 2 Water Main Improvements 0 300
Total Project Costs 9,130 7,880
Wastewater Utility
The Wastewater Utility CIP consists of the revitalization projects for downtown; major
sewer upgrade (Kennydale Lakeline); replacement/rehabilitation of force mains, sewer
mains rehabilitation and lift stations; and major maintenance projects. See attached
Wastewater Utility CIP map for project locations. The Wastewater Utility CIP projects for
2019 and 2020 and their budgeted amounts (in thousands of dollars) are listed below:
Wastewater CIP Projects 2019
Budget
2020
Budget
Kennydale Lakeline Sewer Upgrade 1,700 1,700
Downtown Sewer Replacement/Rehabilitation 2,000 0
Lift Station Rehabilitation 900 900
Force Main Replacement/Rehabilitation 400 400
2019 Sanitary Sewer Main Replacement/Rehabilitation 1,500 0
2020 Sanitary Sewer Main Replacement/Rehabilitation 0 1,500
Miscellaneous/Emergency Projects 200 200
Wastewater Operations Master Plan 300 0
Total Project Costs 7,000 4,700
AGENDA ITEM #7. f)
Ed Prince, Council President
Page 4 of 6
September 25, 2018
\LLHtp
Surface Water Utility
The Surface Water Utility CIP consists of the Cedar River dredging and levee
recertification projects; revitalization projects; infrastructure maintenance, replacement
and rehabilitation; pump station upgrades, and major maintenance (wetland mitigation
bank and sediment pond cleaning). Program work includes mosquito abatement, update
of the geographical information system (GIS), manual update, and flow and water quality
monitoring. See attached Surface Water Utility CIP map for project locations. The
Surface Water Utility CIP projects for 2019 and 2020 and their budgeted amounts (in
thousands of dollars) are listed below:
Surface Water CIP Projects 2019
Budget
2020
Budget
Cedar River Gravel Removal (Maintenance Dredge)164 0
Cedar River 205 Project Levee Recertification 750 3,000
Madsen Creek Improvement 275 625
Renton Hill Storm System Improvement 275 0
Jefferson Ave NE Green Connections 625 0
SE 172nd St and 125th Ave N Storm System Improvement 30 0
Heather Downs Detention Pond Retrofit 38 500
Small Drainage Projects Program 510 500
Surface Water Utility GIS 100 100
Maplewood Creek Sedimentation Facility Maintenance 85 85
Madsen Creek Sedimentation Cleaning 73 65
Springbrook Creek Wetland and Habitat Mitigation Bank 100 100
Rainier Ave and Oakesdale Ave Pump Station Upgrades 200 0
Stormwater Facility Fencing 100 100
Miscellaneous/Emergency Storm 50 50
Talbot Hill Area Mosquito Abatement Program 75 75
Total Project Costs 3,350 5,200
Rate Modeling
Budget year 2015 was the fifth year of our five-year plan to stabilize the utility funds,
levelize rates, reduce debt and maintain our infrastructure. We accomplished our goal of
meeting the financial policies by the end of the last budget cycle. Our goal now is to
continue to commit adequate funds for system reinvestment, while providing
infrastructure for revitalization projects and economic priority areas. The increase in
capital funding necessary to complete major revitalization projects scheduled for 2019
and 2020 require no rate increases in Water, Wastewater and Surface Water utilities in
2019 and small rate increases in 2020 for the Water, Wastewater and Surface Water
utilities.
Rate modeling for 2019 and 2020 showed a need for revenue increases in the Water,
Wastewater and Surface Water utilities (2% in 2020). Solid Waste rate modeling
AGENDA ITEM #7. f)
Ed Prince, Council President
Page 5 of 6
September 25, 2018
\LLHtp
indicated a need for a 4% increase in both 2019 and 2020. The aggregate rate revenue
increase for all four utilities for 2019 is 0.83% and 2.42% in 2020, which is significantly less
than the average inflation rate (approximately 3.6%).
The following fee increases impact the Solid Waste Utility’s rates, including King County’s
proposed 4.6% increase in the solid waste disposal fee (tipping fee) from $134.59 per ton
to $140.82 per ton; the contractor’s CPI increase of 3.7%; and the Local Hazardous Waste
Management Program fee increase of 5.4% in 2019 and 5.4% in 2020.
The King County wastewater treatment charge will be increasing by 2.5% ($1.11) in 2019
from $44.22 to $45.33. This rate increase impacts the Wastewater Utility by increasing
the amount of utility tax paid. In 2016 we had a King County treatment stabilization fund
to equalize the way King County charges for treatment. We deferred this charge for 2017
and 2018. We are proposing this charge also be deferred for the 2019 and 2020 budget
cycle because we have enough in the King County treatment stabilization fund to cover
the 2019 and 2020 charges. We will assess the need for this charge in the 2021 and 2022
budget.
Table 1 shows the proposed average monthly bills for the single-family customer class.
The average single-family customer’s total City utility bill will increase by $0.85 in 2019
(0.8% overall) and $2.57 in 2020 (2.4% overall).
System Development Charges and Development Fees
As part of the rate modeling, the consultant updated the system development charges
necessary to pay for the future capital projects that increase system capacity to serve
growth. The consultant’s calculations projected increases ranging from 11% to 20%
depending on the utility. Staff has proposed that these increases be phased in over two
years. Table 2 shows the proposed system development charges for the piped utilities.
The increases in system development charges are due to the increase in plant value from
the City’s contribution in capital projects and improvements. An increase in plant value
increases the share a new customer pays to connect to the existing infrastructure. All
three piped utilities have been completing record high capital improvement projects and
adding significant capacity to the infrastructure as part of the City’s revitalization
program. These investments by the utilities are the major factor in the increasing
connection charges for 2019 and 2020. Table 3 shows a comparison of system
development charges for neighboring utilities. Renton still has very low connection
charges compared to the rest of the region.
Staff updates the utility development fees each two-year budget cycle to reflect increases
in labor and material costs and to add necessary permits. We propose to increase the
Wastewater and Surface Water construction permit fees by $25 each year and to add $25
to permits that require utilities locates. We also propose to add a new utility refresh
locates fee of $500 for standard locates and $1,000 for large project locates, each time
the excavator calls for the utility locates to be refreshed during the 45-day locates ticket.
AGENDA ITEM #7. f)
Ed Prince, Council President
Page 6 of 6
September 25, 2018
\LLHtp
The Fee Schedule lists the proposed utility development fees. We further propose
increases to King County permits and inspections to reflect King County’s increased fees.
CONCLUSION:
Implementing the proposed 2019 and 2020 revenue requirements will allow the utilities
to continue to reduce reliance on debt, stabilize rates, invest in existing infrastructure to
prevent deterioration, failure, and/or lapse in service and complete revitalization projects
critical to the City’s vision. Increases in system development charges reflect the increase
in the value of the system and provide funding for capital projects to increase system
capacity for growth and complete revitalization projects. Updating the development fees
assures that the utilities are recouping their costs to serve development.
cc: Jan Hawn, Administrative Services Administrator
Hai Nguyen, Senior Finance Analyst
Marc Gordon, Senior Finance Analyst
Teresa Phelan, Utility Systems Senior Program Specialist
Melissa Crawford, Utility Systems Administrative Secretary
AGENDA ITEM #7. f)
TABLE 1
Average Monthly Rates for 2019 and 2020
Single-family Residential
Current
Rate
Proposed Rates- Budget
$ (%)
2- year Projected Rates
$ (%)
Utility 2018 2019 2020 2021 2022
Water $38.83 $38.83 (0%)$39.61 (2%)$40.40 (2%)$41.21 (2%)
Wastewater $29.91 $29.91 (0%)$30.51 (2%)$31.12 (2%)$31.74 (2%)
Surface Water $14.85 $14.85 (0%)$15.15 (2%)$15.45 (2%)$15.76 (2%)
Solid Waste $21.33 $22.18 (4%)$23.07 (4%)$24.22 (5%)$25.43 (5%)
King County Rate
Stabilization charge
$0.00 $0.00 $0.00 $0.58 $0.58
CITY TOTAL $104.92 $105.77 $108.34 $111.77 $114.72
Change (%)$0.85 (.8%)$2.57 (2.4%)$3.43 (3.2%)$2.95 (2.6%)
King County
Treatment Charge
$44.22 $45.33 (2.5%)$45.33 (0%)$47.37 (4.5%)$47.37 (0%)AGENDA ITEM #7. f)
TABLE 2
System Development Charges
3/4” or 1” Single-family Residential Customers
Existing Charge
2018
Recommendation from
Rate Study $ (%)
Proposed 2019 $ (%)Proposed 2020 $ (%)
Water $3,727 $4,400 (18.1%)$4,050 (8.7%)$4,400 (8.6%)
Wastewater $2,837 $3,400 (19.8%)$3,100 (9.3%)$3,400 (9.7%)
Surface Water $1,718 $1,900 (10.6%)$1,800 (4.8%)$1,900 (5.6%)
Total $8,282 $9,700 $8,950 $9,700
$ (% change)$1,418 (17.1%)$668 (8.1%)$750 (8.4%)
Split the increase to put half in 2019 and half in 2020
AGENDA ITEM #7. f)
TABLE 3
System Development Charges Comparison
Other Agencies (Existing Fees-2018)
Table above assumes a 5/8” x 3/4” meter for domestic use.
Agency Water Wastewater Surface Water Total
Skyway Water and Sewer District $11,384 $5,696 Seattle, Renton $17,080*
Issaquah $12,034 $2,024 $2,024 $16,948
Redmond $9,235 $2,890 $1,342 $13,467
Kirkland $9,558 $3,106 $508 $13,025
Lacey $6,879 $3,617 Varies** $10,496+
Auburn $6,630 $2,460 $1,229 $10,319
Kent $7,373 None $2,215 $9,588
Olympia $4,180 $3,442 $1,190 $8,812
Renton (proposed 2020)$4,400 $3,400 $1,900 $9,700
Renton (proposed 2019)$4,050 $3,100 $1,800 $8,950
Renton (existing 2018)$3,727 $2,837 $1,718 $8,282
Federal Way (Lakehaven WS)$3,707 $3,509 None $7,216
* This amount does not include the Seattle or Renton fee
** Per city of Lacey staff, unable to give estimate, since it varies due to several factors including size and annexation date
+ This amount does not include the Surface Water amount
AGENDA ITEM #7. f)
NE 12th StTransmissionMain Replacement
Highlands435-ReservoirReplacement
Renton HillWatermainReplacement
KennydaleReservoir
Water Main Impr.between S 2ndSt & S 3rd St
Emergency PowerS. TalbotPump Station
Renton Ave SWater Main
EmergencyPower W. HillPump Station
DuvallAve NEWater Main
Esri, HERE, Garmin, © OpenStreetMap contributors, and the GIS user community
µ
City of Renton Utility SystemsCapital Improvement Program
Drinking Water Utility Projects 2019-2020
WATER PROGRAMS FOR REGULATORY COMPLIANCE AND FOR OPERATION OF WATER SYSTEM
-2019 WATER SYSTEM PLAN UPDATE
-IMPLEMENTATION OF AQUIFER PROTECTION CODE CROSS-CONNECTION CONTROL AND WATER USE EFFICIENCY PROGRAMS
-MAINTAIN HYDRAULIC MODEL OF WATER SYSTEM
-UPDATE WATER GIS DATABASE AND MAPPING
-MONITORING AND MAINTAIN DATABASE FOR WATER QUALITY AND WATER LEVELS
-WATER SYSTEM TELEMETRY MASTER PLAN
-UPGRADE TO ADVANCED METERING INFRASTRUCTURE
Document Path: Y:\Files\DrinkingWater\MapDocuments\wCIP_2019-2020.mxd
AGENDA ITEM #7. f)
Renton
MercerIs
land
BellevueKingCountyBellevue
Newcastle
Bellevue
Newcastle
King CountyKingCountyNewcastleKing CountyKing County
Newcastle
King County
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Downtown SewerRepalcement/Rehabilitation
KennydaleLakelineSewer Upgrade
Esri, HERE, Garmin, © OpenStreetMap contributors, and the GIS user community
City of Renton Utility SystemsCapital Improvement Program
µ
Wastewater Utility Projects - 2019/2020
0 0.5 10.25 Miles
Sanitary Sewer Programs
- 2019/2020 Sanitary Sewer Rehabilitation / Replacement- Forcemain Rehabilitation / Replacement- Lift Station Rehabilitation / Replacement- Wastewater Operations Master Plan- Misc. Sewer Projects
Print Date: 07/25/2018Document Path: Y:\Files\WasteWater\MapDocuments\ssCIP_2019-2020.mxd
AGENDA ITEM #7. f)
-
R EN TONR EN TON
SEATTLESEATTLE
MER CERMER CERISLAN DISLAN D
KIN G COUN TYKIN G COUN TY
KIN
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Springbrook Cre e kSpringbrook Cre e kW e tland andW e tland andHabitat MitigationHabitat Mitigation $200,000$200,000
Ce d ar Rive r Grave l Re m ovalCe d ar Rive r Grave l Re m ovalProje c t (Maint. Dre d ge )Proje c t (Maint. Dre d ge )$163,800$163,800
Ce d ar Rive r 205 Le ve eCe d ar Rive r 205 Le ve eRe c e rtific ationRe c e rtific ation$3,750,000$3,750,000
SE 172nd St/125th Ave SESE 172nd St/125th Ave SEStorm Syste m Im prove m e ntStorm Syste m Im prove m e nt$30,000$30,000
Rainie r Ave / Oake sd aleRainie r Ave / Oake sd aleAve Pum p Station Upgrad eAve Pum p Station Upgrad e$200,000$200,000
Maple wood Cre e k Se d im e ntMaple wood Cre e k Se d im e ntFac ility Mainte nanc eFac ility Mainte nanc e$170,000$170,000
Mad se n Cre e k Se d im e ntMad se n Cre e k Se d im e ntFac ility Mainte nanc eFac ility Mainte nanc e$138,200$138,200
Re nton Hill UtilityRe nton Hill UtilityRe plac e m e nt Proje c tRe plac e m e nt Proje c t$275,000$275,000
Mad se n Cre e kMad se n Cre e kIm prove m e ntIm prove m e nt$900,000$900,000
He athe r Downs De te ntionHe athe r Downs De te ntionPond W ate r Quality Re trofitPond W ate r Quality Re trofit$538,000$538,000
Talbot HillTalbot HillAre a Mosq uitoAre a Mosq uitoAbate m e nt ProgramAbate m e nt Program$150,000$150,000
N E 16th St & Je ffe rson Ave N EN E 16th St & Je ffe rson Ave N EStorm wate r Gre e n Conne c tionStorm wate r Gre e n Conne c tion$625,000$625,000
Rainie r Ave N Culve rtRainie r Ave N Culve rtRe plac e m e nt Proje c tRe plac e m e nt Proje c t
Lake Y oungsLake Y oungsCt SE StormCt SE StormIm prove m e ntIm prove m e nt
EValleyHwy84thAveSSE 128th St
S 132nd St N3rdSt 164th Ave SEDuvallAveNE124thAveSERainier AveS
Rain
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NEM e rcerWaySE P e t r o v it s ky R d
SW 43rd St S E CarrRdNE 4th StLoganAveN
ForestDr SE
S G r a d y W ayLakemontBlvdSEPark Ave N148th Ave SESE 192nd St
S 180th St
Airport Wa y
S W G r a d y W a y
RentonAve S
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§¨¦405 Sm all Drainage Proje c ts Program - $1,010,000Mic s Em e rge nc y Storm Proje c ts – $100,000Surfac e W ate r Utility GIS – $200,000Storm wate r Fac ility Fe nc ing Proje c t $200,000
Programs/Projects 2019 - 2020:
´
Print Date : 08/30/2018
2019 - 2020 Surfac e W ate r Utility2019 - 2020 Surfac e W ate r UtilityCIP Proje c tsCIP Proje c ts 0.5 0 0.5Miles
Lake W ashingtonLake W ashington
AGENDA ITEM #7. f)
City of Renton Fee Schedule
2017-2018
SECTION XII. DEVELOPMENT FEES (CONTINUED)2018 2019 2020
2.Land Use Review Fees: (Continued)
3.Public Works Fees:
a.Franchise Application Fee $5,000 $5,000 $5,000
b.Franchise Permit Fees: 1,2
(i)Small work, including trenching less than 60 linear feet or installation of 6 or less utility poles $350 $350 $350
(ii)All other work permit fee plus $60 per hour of inspection.$350 $350 $350
1Bond required pursuent to RMC 9-10-5
c.Latecomers' Agreement Application Fees:
(i)Processing fee* (Nonrefundable)
(1)If amount covered by latecomers’ is $50,000 or less $500 $1,000 $1,000
(2)If amount covered by latecomers' is between $50,000 and $200,000 $1,000 $2,000 $2,000
(3)If amount covered by latecomers' is greater than $200,000 $2,000 $4,000 $4,000
(ii)Latecomers' Agreement – Administration and collection fee
(1)if amount covered by latecomers' is $50,000 or less 15% of total 15% of total 15% of total
(2)If amount covered by latecomers' is between $50,000 and $200,000 10% of total 10% of total 10% of total
(3)If amount covered by latecomers' is greater than $200,000 5% of total 5% of total 5% of total
(iii)Segregation processing fee, if applicable $750 $750 $750
d.System Development Charge Tables:
(i)Water and Wastewater System Development Charges:
(1)5/8 x 3/4 inch and 1 inch:
(a)Water service fee3 $3,727 $4,050 $4,400
(b)Fire service fee 1,2 $477 $518 $563
(c)Wastewater fee3 $2,837 $3,100 $3,400
(2)1-1/2 inch:
(a)Water service fee3 $18,635 $20,250 $22,000
(b)Fire service fee 1,2 $2,384 $2,591 $2,815
(c)Wastewater fee3 $14,185 $15,500 $17,000
(3)2 inch:
(a)Water service fee3 $29,816 $32,400 $35,200
(b)Fire service fee 1,2 $3,815 $4,146 $4,504
(c)Wastewater fee3 $22,696 $24,800 $27,200
(4)3 inch:
(a)Water service fee3 $59,632 $64,800 $70,400
(b)Fire service fee 1,2 $7,630 $8,292 $9,008
(c)Wastewater fee3 $45,392 $49,600 $54,400
(5)4 inch:
(a)Water service fee3 $93,175 $101,250 $110,000
(b)Fire service fee 1,2 $11,922 $12,956 $14,075
(c)Wastewater fee3 $70,925 $77,500 $85,000
(6)6 inch:
(a)Water service fee3 $186,350 $202,500 $220,000
(b)Fire service fee 1,2 $23,843 $25,911 $28,150
(c)Wastewater fee3 $141,850 $155,000 $170,000
(7)8 inch:
(a)Water service fee3 $298,160 $324,000 $352,000
(b)Fire service fee 1,2 $38,149 $41,458 $45,041
(c)Wastewater fee3 $226,960 $248,000 $272,000
(ii)Storm Water System Development Charges:
(1)New single family residence (including mobile/manufactured homes)3 $1,718 $1,800 $1,900
(2)
$0.760 per sq foot$0.720 per sq foot
1The fixed application fee established herein is intended to cover the City’s internal administrative costs in processing and administering the
franchise.In addition to the fixed application fee,the City may require applicants to either directly pay or reimburse the City for external costs
reasonably incurred to process the application and/or administer the franchise agreement.The City may require applicants to deposit funds in
advance to cover legal and/or other professional services fees as they are incurred.
Unless otherwise specified in a franchise agreement, the fee shall be due and payable at or prior to the time of construction permit issuance. If
a franchise agreement does not specify the fee amount, the generic fee, as identified in the following table, shall be collected.
2The City may decide to contract with a consultant to perform plan reviews and inspections and may bill such costs and expenses directly to
*The processing fee is due at the time of application. The administration and collection fee is deducted from each individual latecomer fee
payment and the balance forwarded to the holder of the latecomer’s agreement pursuant to RMC 9-5, Tender of Fee.
Addition to existing single family residence greater than 500 square feet (including
mobile/manufactured homes) Fee not to exceed $1,800 (2019) or $1,900 (2020)$0.687 per sq foot
1Per RMC 4-3-050F7, the City may charge and collect fees from any applicant to cover costs incurred by the city in review of plans, studies,
monitoring reports and other documents related to evaluation of impacts to or hazards from critical areas and subsequent code-required 2When the City is the lead agency for a proposal requiring an Environmental Impact Statement (EIS) and the Environmental Review Committee
(ERC) determines that the EIS shall be prepared, the City may charge and collect a reasonable fee from any applicant to cover costs incurred by
the City in preparing the EIS. The ERC shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant
shall post bond or otherwise ensure payment of such costs. The ERC may determine that the City will contract directly with a consultant for
preparation of an EIS, or a portion of the EIS, and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by
mutual agreement of the City and applicant after a call for proposals. If a proposal is modified so that an EIS is no longer required, the ERC shall
refund any fees collected under this subsection which remain after incurred costs are paid. The City may collect a reasonable fee from an
applicant to cover the cost of meeting the public notice requirements of this Title relating to the applicant’s proposal. The City shall not collect a
fee for performing its duties as a consulted agency. The City may charge any person for copies of any document prepared under this Title, and
3Per Resolution 4318, fees for an Accessory Dwelling Unit (ADU) will be assessed at 50%; fees will be waived for every third ADU created within a
subdivision of ten or more lots and vested as of the adoption date of Res. 4318, through December 31, 2018.
4Prior to issuance of a small cell permit, the applicant shall pay the actual administrative expenses incurred by the City that are directly related
to the City's review of the application, including plan inspection, and approval, as authorized by RCW 35.21.860(1)(b), as may be amended.
AGENDA ITEM #7. f)
City of Renton Fee Schedule
2017-2018
SECTION XII. DEVELOPMENT FEES (CONTINUED)2018 2019 2020
3. Public Works Fees: (continued)
(3)$0.687 $0.720 $0.760
per sq foot per sq foot per sq foot
d.System Development Charge Tables: (continued)
1 Based upon the size of the fire service (NOT detector bypass meter)
e.Administrative Fees for SDC Segregation Request* $750 +
administrative
costs
$750 +
administrative
costs
$750 +
administrative
costs
f.
(i)Water Construction Permit Fees:1
(1)Water meter tests for 3/4” to 2" meter $50 $50 $50
(a)Water meter tests on meters 2" or larger
$60 deposit + time
and materials
$60 deposit + time
and materials
$60 deposit + time
and materials
(b)Open and close fire hydrants for fire flow tests conducted by others.
Time and materials Time and materials Time and materials
(c)Water service disconnection (cut at main)$250 $275 $275
(d)Meter resets $95 $95 $95
(e)Repair of damage to service $225 $250 $250
(f)Water main connections $535 $560 $560
(g)Water main cut and cap $1,000 $1,025 $1,025
(h)Water quality/inspection/purity tests $80 $80 $80
(i)Specialty water tests (lead, copper, etc)
Cost of test + $70
processing fee
Cost of test + $70
processing fee
Cost of test + $70
processing fee
(j)Water turn ons/offs after hours $185 $185 $185
(k)Installation of isolation valve.
$2,000 deposit +
time and materials
$2,000 deposit +
time and materials
$2,000 deposit +
time and materials
(l)$250 + $0.15 $250 + $0.15 $250 + $0.15
per lineal per lineal per lineal
foot foot foot
(m)Miscellaneous water installation fees.
Time and materials Time and materials Time and materials
(n)Service size reductions $50 $50 $50
(o)Installation fees for ring and cover castings $200 $200 $200
(2)Water meter installation fees – City installed: The following fees are payable at the time of application for water meter installation(s):
(a)3/4” meter installed by City within City limits. Installation of stub service and meter setter only.$2,850 $2,875 $2,875
(i)3/4" meter drop in only $400 $400 $400
(b)3/4” meter installed by City outside City limits. Installation of stub service and meter setter only.$2,910 $2,935 $2,935
(i)3/4" meter drop in only $400 $400 $400
(c)1” meter installed by the City. Installation of stub service and meter setter only.$2,850 $2,875 $2,875
(i)1" meter drop in only $460 $460 $460
(d)1-1/2" meter installed by the City. Installation of stub service and meter setter only.$4,580 $4,605 $4,605
(i)1-1/2” meter drop in only $750 $750 $750
(e)2” meter installed by the City. Installation of stub service and meter setter only.$4,710 $4,735 $4,735
(i)2" meter drop in only $950 $950 $950
(3)$220 $220 $220
(4)Hydrant Meter fees: The following fees are payable at the time of application for a hydrant meter:
(a)Hydrant meter permit fee $50 $50 $50
(b)Deposits:
(i)3/4” meter and backflow prevention assembly.$500 $500 $500
(ii)3” meter and backflow prevention assembly.$2,000 $2,000 $2,000
(iii)Deposit processing charge, nonrefundable.$25 $25 $25
(c)Meter rental (begins on day of pickup):
(i)3/4” meter and backflow prevention assembly. Per month.$50 $50 $50
(ii)3” meter and backflow prevention assembly. Per month.$250 $250 $250
(ii)Wastewater and Surface Water Construction Permit Fees:1
(1)Residential:
(a)Wastewater permit fee $300 $350 $375
(b)Surface water permit fee $300 $350 $375
(2)Commercial:
(a)Wastewater permit fee $300 $350 $375
(b)Surface water permit fee $300 $350 $375
(3)Industrial:
(a)Wastewater permit fee $300 $350 $375
(b)Surface water permit fee $300 $350 $375
the first two hundred fifty (250) lineal feet
Water meter processing fees – Applicant installed: For meters larger than 2”, the applicant must
provide materials and installs. The City charges a $220.00 processing fee at the time of meter
application.
All other uses charge per square foot of new impervious surface, but not less than $1,800 (2019)
or $1,900 (2020)
2 Unless a separate fire service is provided, the system development charge(s) shall be based upon the size of the meter installed and a
separate fire service fee will not be charged.
3Per Resolution 4318, fees for an Accessory Dwelling Unit (ADU) will be assessed at 50%; fees will be waived for every third ADU created
within a subdivision of ten or more lots and vested as of the adoption date of Res. 4318, through December 31, 2018.
*The applicant shall pay the City’s administrative costs for the preparation, processing and recording of the partial payment of the fee(s).
The adminitrative fee is due at the time of application for special assessment district, and/or latecomer’s charge partial payment for each
segregation. If the same segregation is used for more than one utility’s special assessment district, and/or latecomer’s charge, then only
Public Works Construction Permit Fees: The following public works construction permit fees, utility permit fees, and miscellaneous charges are
payable at or prior to the time of construction permit issuance.
New water line chlorination fee. Fee plus $0.15 per lineal foot for any footage after
AGENDA ITEM #7. f)
City of Renton Fee Schedule
2017-2018
SECTION XII. DEVELOPMENT FEES (CONTINUED)2018 2019 2020
3.Public Works Fees: (continued)
f.
(ii)Wastewater and Surface Water Construction Permit Fees:1 (continued)
(4)Repair of any of the above
(a)Wastewater permit fee $300 $350 $375
(b)Surface water permit fee $300 $350 $375
(5)Cut and cap/Demolition permit:
(a)Wastewater permit fee $300 $350 $375
(b)Surface water permit fee $300 $350 $375
(6)$300 $350 $375
(7)$300 $350 $375
plus King plus King plus King
County County County
sewer rate on sewer rate on sewer rate on
discharged discharged discharged
amount amount amount
(iii)
(1)Less than 35 feet in length $100 $125 $125
(2)35 to 100 feet in length $125 $150 $150
(3)Greater than 100 feet in length $150 $175 $175
(4)Wastewater or storm water service $300 $350 $375
(5)King County ROW Permits/Inspections:
(a)Service Installation Only $1,000 $1,025 $1,025
(b)Utility Extension per 100' of Length (Min 200' Length)$500 $1,025 $1,025
(iii)
(iv)$500 $525 $525
(v)
(1)Standard locate N/A $500 $500
(2)Large project locate N/A $1,000 $1,000
g.
(i)
(1)$150,000.00 or less 6% of cost 6% of cost 6% of cost
(2)Over $150,000.00 but less than $300,000.00. $9,000 + 5% over
$150,000
$9,000 + 5% over
$150,000
$9,000 + 5% over
$150,000
(3)$300,000.00 and over.
$16,500 + 4% over
$300,000
$16,500 + 4% over
$300,000
$16,500 + 4% over
$300,000
(ii)Standard or minor drainage adjustment review $550 $550 $550 1Includes three (3) review cycles. Additional reviews will be charged $1,500 each.
h.Grade and Fill License Fees: Fees shall be based on Tier.
Grade and Fill Quantity Tier Tier Tier
< 50 cy 1 1 1
50 cy - 499 cy 2 2 2
500 cy - 4,999 cy 3 3 3
5,000 cy - 49,999 cy 4 4 4
50,000 cy - 99,999 cy 5 5 5
100,000 cy and larger 6 6 6
(i)Review/Intake Fee1:
(1)Tier 1 $155 $155 $155
(2)Tier 2 $466 $466 $466
(3)Tier 3 $621 $621 $621
(4)Tier 4 $932 $932 $932
(5)Tier 5 $1,242 $1,242 $1,242
(6)Tier 6 $1,553 $1,553 $1,553
(ii)Inspection/Issuance Fee2:
(1)Tier 1 $148 $148 $148
(2)Tier 2 $444 $444 $444
(3)Tier 3 $887 $887 $887
(4)Tier 4 $1,183 $1,183 $1,183
(5)Tier 5 $2,366 $2,366 $2,366
2.5 ac - < 5 ac
5 ac and larger
7,000 sf - < 3/4 acre
3/4 ac - < 1 ac
1 ac - < 2.5 ac
2Construction cost, also known as the Engineer’s Estimate or the Contractor’s Bid, shall mean cost estimate for all project related
improvements outside of the building envelopes, including, but not limited to, all costs required to construct the following: paved parking
lots, private sidewalks or walkways; private and public storm water management facilities; temporary erosion and sedimentation control
facilities; water quality facilities; public and private streets; public and private sanitary sewers; public water main improvements; required
off-site street, bike and pedestrian improvements; street lighting improvements; required landscaping and street tree improvements; and
3The City may decide to contract with a consultant to perform plan reviews and inspections and may bill such costs and expenses directly to
Cleared or Distrurbed
< 7,000 sf
Work in right-of-way – construction permit: Utility and street/sidewalk improvements: A bond is required, as stipulated in RMC 9-
10-5, Street Excavation Bond. (continued)
Street light system fee, per new connection to power system (payable at or prior to the time of
construction permit issuance)
Exception: No permit fee shall be charged for individual homeowners for work in street rights-of-way for street tree or parking strip
irrigation systems.
1Per Resolution 4318, fees for an Accessory Dwelling Unit (ADU) will be assessed at 50%; fees will be waived for every third ADU created
within a subdivision of ten or more lots and vested as of the adoption date of Res. 4318, through December 31, 2018.
Public works plan review and inspection fees1,3: All developers, municipal or quasi-municipal entities, or utility corporations or companies,
except those specifically exempted, shall pay fees under this Section. Exempted entities include City-franchised cable TV, cable modem, natural
gas, telecommunications, and electrical power. Half of this fee must be paid upon application and the remainder when the permit(s) is issued.
There are additional construction permit fees which are also payable upon issuance. The fee will be based upon percentages of the estimated
cost of improvements using the following formula.
Street and utility plan review and inspection fees; estimated construction cost2: The applicant must submit separate, itemized
cost estimates for each item of improvement subject to the approval by the Public Works Plan Review Section.
Public Works Construction Permit Fees: The following public works construction permit fees, utility permit fees, and miscellaneous charges are
payable at or prior to the time of construction permit issuance. (continued)
Reinspection for Watewater or Surface Water Permits
Ground water discharge (temporary connection to wastewater system for discharge of contaminated
ground water over 50,000 gallons) Rate plus billed for current Renton and King County sewer rate on
discharged amount (meter provided by property owner)
Work in right-of-way – construction permit: Utility and street/sidewalk improvements: A bond is required, as stipulated in RMC 9-
10-5, Street Excavation Bond.
Utility Locate Refresh Fee (Fee is due each time excavator calls in for locate refresh during 45-day
locate ticket)
AGENDA ITEM #7. f)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO A GRANT AGREEMENT WITH
WASHINGTON STATE DEPARTMENT OF COMMERCE ACCEPTING A GRANT FOR
THE SUNSET NEIGHBORHOOD PARK PROJECT, PHASE II.
WHEREAS, the Sunset Neighborhood Park (“Park”) is identified in the 269 – acre Sunset
Area Community Planned Action and EIS; and
WHEREAS, a master plan for the Park was adopted by the City Council in November 2014;
and
WHEREAS, Washington State, through the Department of Commerce has offered a grant
in the amount of $3,050,000 to design and construct Phase II improvements for the Sunset
Neighborhood Park Project (“Project”); and
WHEREAS, the Department of Commerce will charge a grant administration fee of
$50,000, thereby reducing the available grant amount to $3,000,000; and
WHEREAS, the City will be required to commit a grant match of $1,150,000, bringing the
total Project amount to $4,150,000; and
WHEREAS, the agreement provides that “the parties hereto shall be bound by any such
revised funding limitations as implemented at the discretion of COMMERCE, and shall meet and
renegotiate the contract accordingly”; and
WHEREAS, it is necessary to document the terms and conditions of the grant offer;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
AGENDA ITEM # 9. a)
RESOLUTION NO. _______
2
SECTION I. The Mayor and City Clerk are authorized to enter into a grant agreement
with the Washington State Department of Commerce, attached hereto as Exhibit “A” and
incorporated by this reference, accepting a grant for the Project.
PASSED BY THE CITY COUNCIL this ______ day of _______________________, 2018.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______ day of _______________________, 2018.
______________________________
Denis Law, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
RES.1785:9/21/18:scr
AGENDA ITEM # 9. a)
RESOLUTION NO. _______
3
EXHIBIT “A”
DEPARTMENT OF COMMERCE GRANT TO
CITY OF RENTON THROUGH THE LOCAL AND COMMUNITY
PROJECTS PROGRAM FOR SUNSET PARK
AGENDA ITEM # 9. a)
GranttoDepartmentofCommerceCityofRentonthroughForTheLocalandCommunityProjectsProgramSunsetNeighborhoodParkStartdateJanuary19,2018WashingtonStateDepartmentofCommercewww.commerce.wa.govAGENDA ITEM # 9. a)
TABLEOFCONTENTSFaceSheet1SpecialTermsandConditions21.GrantManagement22.Compensation23.CertificationofFundsPerformanceMeasures24.PrevailingWageLaw35.DocumentationandSecurity36.BasisforEstablishingRealPropertyValuesforAcquisitionsofRealProperty47.ExpendituresEligibleforReimbursement48.BillingProceduresandPayment49.SubcontractorDataCollection510.Insurance511.OrderofPrecedence612.ReductioninFunds713.OwnershipofProject/CapitalFacilities714.ChangeofOwnershiporUseforGRANTEE-OwnedProperty715.ChangeofUseforLeasedPropertyPerformanceMeasure716.ModificationtotheProjectBudget817.Signage,MarkersandPublications818.HistoricalandCulturalArtifacts819.Reappropriation820.Recapture921.TerminationforFraudorMisrepresentation9GeneralTermsandConditions11.Definitions12.AccesstoData13.AdvancePaymentsProhibited14.AllWritingsContainedHerein15.Amendments16.AmericanswithDisabilitiesAct(ADA)27.Assignment28.Attorney’sFees29.Audit210.Confidentiality/SafeguardingofInformation311.ConflictofInterest312.CopyrightProvision413.Disputes414.DuplicatePayment515.GoverningLawandVenue516.Indemnification517.IndependentCapacityoftheGrantee518.IndustrialInsuranceCoverage519.Laws620.Licensing,AccreditationandRegistration621.LimitationofAuthority622.NoncompliancewithNondiscriminationLaws623.PayEquity624.PoliticalActivities725.Publicity726.Recapture727.RecordsMaintenance7AGENDA ITEM # 9. a)
28.RegistrationwithDepartmentofRevenue.729.RightofInspection730.Savings731.Severability832.SiteSecurity833.Subgranting/Subcontracting834.Survival835.Taxes836.TerminationforCause837.TerminationforConvenience938.TerminationProcedures939.TreatmentofAssets1040.Waiver10AttachmentA,ScopeofWork;AttachmentB,Budget;AttachmentC,AvailabilityofFunds;AttachmentDCertificationofPrevailingWages;AttachmentE,CertificationofLEEDAGENDA ITEM # 9. a)
FACESHEETWashingtonStateDepartmentofCommerceLocalGovernmentDivisionCommunityCapitalfacilitiesUnitGrantNumber:18-96616-1651.GRANTEE2.GRANTEEDoingBusinessAs(optional)CityofRenton1055SouthGradyWayRenton,Washington980573.GranteeRepresentative4.COMMERCERepresentativeLeslieBetlachEmilyHafford(425)430-6619ProjectManagerP.O.Box42525lbetlachrentonwa.gov(360)725-50011011PlumStreetSEFax,360-586-5880Olympia,WA98504-2525emily.haffordcommerce.wa.gov5.GrantAmount6.FundingSource7.StartDate8.EndDate$3,000,000.00Federal:LIState:Other:LIN/A:LI1/19/20186/30/20219.FederalFunds(asapplicable)FederalA%encyCFDANumberN/A,N/AN/A10.TaxID#11.SWV#12.UBI#13.DUNS#91-6001271SWVOOJ220017000094N/A14.GrantPurposeTheoutcomeofthisperformance-basedcontractisfordesignandconstructionoftheSunsetNeighborhoodPark,asreferencedinAttachmentA—ScopeofWork.COMMERCE,definedastheDepartmentofCommerce,andtheGRANTEE,asdefmedabove,acknowledgeandacceptthetermsofthisGrantandattachmentsandhaveexecutedthisGrantonthedatebelowtostartasofthedateandyearreferencedabove.TherightsandobligationsofbothpartiestothisGrantaregovernedbythisGrantandthefollowingotherdocumentsincorporatedbyreference:GrantTermsandConditionsincludingAttachment“A”—ScopeofWork,Attachment“B”—Budget,Attachment‘C”—CertificationofAvailabilityoffundstoCompletetheProject,Attachment“D”—CertificationofthePaymentandReportingofPrevailingWages,Attachment“E”—CertificationofIntenttoEnterLEEDprocess.DateAPPROVEDASTOFORM///1Z7.bDateFORGRANTEEDenisLaw,MayorFORCOMMERCEDateMarkK.Barkley,AssistantDirectorAGENDA ITEM # 9. a)
SPECIALTERMSANDCONDITIONSGENERALGRANTSTATEFUNDSTHISCONTRACT,enteredintobyandbetweenCityofRenton(aunitoflocalgovernment)hereinafterreferredtoastheGRANTEE),andtheWashingtonStateDepartmentofCommerce(hereinafterreferredtoasCOMMERCE),WITNESSESTHAT:WHEREAS,COMMERCEhasthestatutoryauthorityunderRCW43.330.050(5)tocooperatewithandprovideassistancetolocalgovernments,businesses,andcommunity-basedorganizations;andWHEREAS,COMMERCEisalsogiventheresponsibilitytoadministerstatefundsandprogramswhichareassignedtoCOMMERCEbytheGovernorortheWashingtonStateLegislature;andWHEREAS,theWashingtonStateLegislaturehas,inLawsof2018,Chapter2,Section1016,madeanappropriationtosupporttheLocalandCommunityProjectsProgram,anddirectedCOMMERCEtoadministerthosefunds;andWHEREAS,theenablinglegislationalsostipulatesthattheGRANTEEiseligibletoreceivefundingforacquisition,construction,orrehabilitation(aventurehereinafterreferredtoastheProject”).NOW,THEREFORE,inconsiderationofcovenants,conditions,performances,andpromiseshereinaftercontained,thepartiesheretoagreeasfollows:1.GRANTMANAGEMENTTheRepresentativeforeachofthepartiesshallberesponsibleforandshallbethecontactpersonforallcommunicationsandbillingsregardingtheperformanceofthisGrant.TheRepresentativeforCOMMERCEandtheircontactinformationareidentifiedontheFaceSheetofthisGrant.TheRepresentativefortheGRANTEEandtheircontactinformationareidentifiedontheFaceSheetofthisGrant.2.COMPENSATIONCOMMERCEshallpayanamountnottoexceed$3,000,000.00forthecapitalcostsnecessaryfororincidentaltotheperformanceofworkassetforthintheScopeofWork.3.CERTIFICATIONOFFUNDSPERFORMANCEMEASURESA.ThereleaseofstatefundsunderthiscontractiscontingentupontheGRANTEEcertifyingthatithasexpendedorhasaccesstofundsfromnon-statesourcesassetforthinATTACHMENTC(CERTIFICATIONOFTHEAVAILABILITYOFFUNDSTOCOMPLETETHEPROJECT),hereof.Suchnon-statesourcesmayconsistofacombinationofanyofthefollowing:i)EligibleProjectexpenditurespriortotheexecutionofthiscontract.ii)CashdedicatedtotheProject.iii)Fundsavailablethroughaletterofcreditorotherbindingloancommitment(s).iv)Pledgesfromfoundationsorcorporations.v)Pledgesfromindividualdonors.2AGENDA ITEM # 9. a)
SPECIALTERMSANDCONDITIONSGENERALGRANTSTATEFUNDSvi)ThevalueofrealpropertywhenacquiredsolelyforthepurposesofthisProject,asestablishedandevidencedbyacurrentmarketvalueappraisalperformedbyalicensed,professionalrealestateappraiser,oracurrentpropertytaxstatement.COMMERCEwillnotconsiderappraisalsforprospectivevaluesofsuchpropertyforthepurposesofcalculatingtheamountofnon-statematchingfundcredit.vii)In-kindcontributions,subjecttoCOMMERCE’Sapproval.B.TheGRANTEEshallmaintainrecordssufficienttoevidencethatithasaccesstoorhasexpendedfundsfromsuchnon-statesources,andshallmakesuchrecordsavailableforCOMMERCE’Sreviewuponreasonablerequest.4.PREVAILINGWAGELAWTheProjectfundedunderthisGrantmaybesubjecttostateprevailingwagelaw(Chapter39.12RCW).TheGRANTEEisadvisedtoconsulttheIndustrialStatisticianattheWashingtonDepartmentofLaborandIndustriestodeterminewhetherprevailingwagesmustbepaid.COMMERCEisnotresponsiblefordeterminingwhetherprevailingwageappliestothisProjectorforanyprevailingwagepaymentsthatmayberequiredbylaw.5.DOCUMENTATIONANDSECURITYTheprovisionsofthissectionshallapplytocapitalprojectsperformedbynonprofitorganizationsthatinvolvetheexpenditureofover$500,000instatefunds.Projectsforwhichthegrantawardorlegislativeintentdocumentsspecifythatthestatefundingistobeusedfordesignonlyareexemptfromthissection.A.DeedofTrust.ThisGrantshallbeevidencedbyapromissorynoteandsecuredbyadeedoftrustorotherappropriatesecurityinstrumentinfavorofCOMMERCE(the“DeedofTrust”).TheDeedofTrustshallberecordedintheCountywheretheProjectislocated,andtheoriginalreturnedtoCOMMERCEafterrecordationwithinninety(90)daysofcontractexecution.TheDeedofTrustmustberecordedbeforeCOMMERCEwillreimbursetheGRANTEEforanyProjectcosts.TheamountsecuredbytheDeedofTrustshallbetheamountofthegrantassetforthinSection2,hereof.B.TermofDeedofTrust.TheDeedofTrustshallremaininfullforceandeffectforaperiodoften(10)yearsfollowingthefinalpaymentofstatefundstotheGRANTEEunderthisgrant.Uponsatisfactionoftheten-yeartermrequirementandallothergranttermsandconditions,COMMERCEshall,uponwrittenrequestoftheGRANTEE,takeappropriateactiontoreconveytheDeedofTrust.C.TitleInsurance.TheGRANTEEshallpurchaseanextendedcoveragelender’spolicyoftitleinsuranceinsuringthelienpositionoftheDeedofTrustinanamountnotlessthantheamountofthegrant.D.Subordination.COMMERCEmayagreetosubordinateitsdeedoftrustuponrequestfromaprivateorpubliclender.AnysuchrequestshallbesubmittedtoCOMMERCEinwriting,andCOMMERCEshallrespondtotherequestinwritingwithinthirty(30)daysofreceivingtherequest.3AGENDA ITEM # 9. a)
SPECIALTERMSANDCONDITIONSGENERALGRANTSTATEFUNDS6.BASISFORESTABLISHINGREALPROPERTYVALUESFORACQUISITIONSOFREALPROPERTYPERFORMANCEMEASURESWhenthegrantisusedtofundtheacquisitionofrealproperty,thevalueoftherealpropertyeligibleforreimbursementunderthisgrantshallbeestablishedasfollows:a.GRANTEEpurchasesofrealpropertyfromanindependentthird-partysellershallbeevidencedbyacurrentappraisalpreparedbyalicensedWashingtonStatecommercialrealestateappraiser,oracurrentpropertytaxstatement.b.GRANTEEpurchasesofrealpropertyfromasubsidiaryorganization,suchasanaffiliatedLLC,shallbeevidencedbyacurrentappraisalpreparedbyalicensedWashingtonStatecommercialtealestateappraiserorthepriorpurchasepriceofthepropertyplusholdingcosts,whicheverisless.7.EXPENDITURESELIGIBLEFORREIMBURSEMENTTheGRANTEEmaybereimbursed,attheratesetforthelsewhereinthiscontract,forProjectexpendituresinthefollowingcostcategories:A.Realproperty,andcostsdirectlyassociatedwithsuchpurchase,whenpurchasedoracquiredsolelyforthepurposesoftheProject;B.Design,engineering,architectural,andplanning;C.Constructionmanagementandobservation(fromexternalsourcesonly);D.Constructioncostsincluding,butnotlimitedto,thefollowing:Sitepreparationandimprovements;Permitsandfees;Laborandmaterials;TaxesonProjectgoodsandservices;Capitalizedequipment;Informationtechnologyinfrastructure;andLandscaping.8.BILLINGPROCEDURESANDPAYMENTCOMMERCEshallreimbursetheGRANTEEforone-hundredpercent(100%)ofeligibleProjectexpenditures,uptothemaximumpayableunderthiscontract.Whenrequestingreimbursementforexpendituresmade,theGRANTEEshallsubmittoCOMMERCEasignedandcompletedInvoiceVoucher(FormA-i9),thatdocumentscapitalizedProjectactivityperformed—bybudgetlineitem—forthebillingperiod.TheGRANTEEshallevidencethecostsclaimedoneachvoucherbyincludingcopiesofeachinvoicereceivedfromvendorsprovidingProjectgoodsorservicescoveredbythecontract.TheGRANTEEshallalsoprovideCOMMERCEwithacopyofthecancelledcheckorelectronicfundstransfer,asapplicable,thatconfirmsthattheyhavepaideachexpenditurebeingclaimed.ThecancelledchecksorelectronicfundstransfersmaybesubmittedtoCOMMERCEatthetimethevoucherisinitiallysubmitted,orwithinthirty(30)daysthereafter.Thevouchermustbecertified(signed)byanofficialoftheGRANTEEwithauthoritytobindtheGRANTEE.ThefinalvouchershallbesubmittedtoCOMMERCEwithinsixty(60)daysfollowingthecompletionofworkorotherterminationofthiscontract,orwithinfifteen(15)daysfollowingtheendofthestatebienniumunlesscontractfundsarereappropriatedbytheLegislatureinaccordancewithSection18,hereof.4AGENDA ITEM # 9. a)
SPECIALTERMSANDCONDITIONSGENERALGRANTSTATEFUNDSEachrequestforpaymentmustbeaccompaniedbyaProjectStatusReport,whichdescribes,innarrativeform,theprogressmadeontheProjectsincethelastinvoicewassubmitted,aswellasareportofProjectstatustodate.COMMERCEwillnotreleasepaymentforanyreimbursementrequestreceivedunlessanduntiltheProjectStatusReportisreceived.AfterapprovingtheInvoiceVoucherandProjectStatusReport,COMMERCEshallpromptlyremitawarranttotheGRANTEE.COMMERCEwillpayGRANTEEuponacceptanceofservicesprovidedandreceiptofproperlycompletedinvoices,whichshallbesubmittedtotheRepresentativeforCOMMERCEnotmoreoftenthanmonthly.PaymentshallbeconsideredtimelyifmadebyCOMMERCEwithinthirty(30)calendardaysafterreceiptofproperlycompletedinvoices.PaymentshallbesenttotheaddressdesignatedbytheGRANTEE.COMMERCEmay,initssolediscretion,terminatetheGrantorwithholdpaymentsclaimedbytheGRANTEEforservicesrenderediftheGRANTEEfailstosatisfactorilycomplywithanytermorconditionofthisGrant.NopaymentsinadvanceorinanticipationofservicesorsuppliestobeprovidedunderthisAgreementshallbemadebyCOMMERCE.DuplicationofBilledCostsTheGRANTEEshallnotbillCOMMERCEforservicesperformedunderthisAgreement,andCOMMERCEshallnotpaytheGRANTEE,iftheGRANTEEisentitledtopaymentorhasbeenorwillbepaidbyanyothersource,includinggrants,forthatservice.DisallowedCostsTheGRANTEEisresponsibleforanyauditexceptionsordisallowedcostsincurredbyitsownorganizationorthatofitssubgrantees.9.SUBCONTRACTORDATACOLLECTIONContractorwillsubmitreports,inaformandformattobeprovidedbyCommerceandatintervalsasagreedbytheparties,regardingworkunderthisGrantperformedbysubcontractorsandtheportionofGrantfundsexpendedforworkperformedbysubcontractors,includingbutnotnecessarilylimitedtominority-owned,woman-owned,andveteran-ownedbusinesssubcontractors.“Subcontractors”shallmeansubcontractorsofanytier.10.INSURANCETheGRANTEEshallprovideinsurancecoverageassetoutinthissection.TheintentoftherequiredinsuranceistoprotectthestateofWashingtonshouldtherebeanyclaims,suits,actions,costs,damagesorexpensesarisingfromanyloss,ornegligentorintentionalactoromissionoftheGRANTEE,orSubgrantee,oragentsofeither,whileperformingunderthetermsofthisGrant.TheinsurancerequiredshallbeissuedbyaninsurancecompanyauthorizedtodobusinesswithinthestateofWashington.TheinsuranceshallnamethestateofWashington,itsagents,officers,andemployeesasadditionalinsuredsundertheinsurancepolicy.Allpoliciesshallbeprimarytoanyothervalidandcollectableinsurance.TheGRANTEEshallinstructtheinsurerstogiveCOMMERCEthirty(30)calendardaysadvancenoticeofanyinsurancecancellationormodification.TheGRANTEEshallsubmittoCOMMERCEwithinfifteen(15)calendardaysoftheGrantstartdate,acertificateofinsurancewhichoutlinesthecoverageandlimitsdefinedinthisinsurancesection.DuringthetermoftheGrant,theGRANTEEshallsubmitrenewalcertificatesnotlessthanthirty(30)calendardayspriortoexpirationofeachpolicyrequiredunderthissection.TheGRANTEEshallprovideinsurancecoveragethatshallbemaintainedinfullforceandeffectduringthetermofthisGrant,asfollows:5AGENDA ITEM # 9. a)
SPECIALTERMSANDCONDITIONSGENERALGRANTSTATEFUNDSCommercialGeneralLiabilityInsurancePolicy.ProvideaCommercialGeneralLiabilityInsurancePolicy,includingcontractualliability,writtenonanoccurrencebasis,inadequatequantitytoprotectagainstlegalliabilityarisingoutofGrantactivitybutnolessthan$1,000,000peroccurrence.Additionally,theGRANTEEisresponsibleforensuringthatanySubgranteesprovideadequateinsurancecoveragefortheactivitiesarisingoutofsubgrants.FidelityInsurance.Everyofficer,director,employee,oragentwhoisauthorizedtoactonbehalfoftheGRANTEEforthepurposeofreceivingordepositingfundsintoprogramaccountsorissuingfinancialdocuments,checks,orotherinstrumentsofpaymentforprogramcostsshallbeinsuredtoprovideprotectionagainstloss:A.TheamountoffidelitycoveragesecuredpursuanttothisGrantshallbe$2,000,000orthehighestofplannedreimbursementfortheGrantperiod,whicheverislowest.FidelityinsurancesecuredpursuanttothisparagraphshallnameCOMMERCEasbeneficiary.B.Subgranteesthatreceive$10,000ormoreperyearinfundingthroughthisGrantshallsecurefidelityinsuranceasnotedabove.FidelityinsurancesecuredbySubgranteespursuanttothisparagraphshallnametheGRANTEEandtheGRANTEE’sfiscalagentasbeneficiary.C.TheGRANTEEshallprovide,atCOMMERCE’srequest,copiesofinsuranceinstrumentsorcertificationsfromtheinsuranceissuingagency.Thecopiesorcertificationsshallshowtheinsurancecoverage,thedesignatedbeneficiary,whoiscovered,theamounts,theperiodofcoverage,andthatCOMMERCEwillbeprovidedthirty(30)daysadvancewrittennoticeofcancellation.GRANTEESandLocalGovernmentsthatParticipateinaSelf-InsuranceProgram.Self-Insured/LiabilityPoolorSelf-InsuredRiskManagementProgram—WithpriorapprovalfromCOMMERCE,theGRANTEEmayprovidethecoverageaboveunderaself-insured/liabilitypoolorself-insuredriskmanagementprogram.InordertoobtainpermissionfromCOMMERCE,theGRANTEEshallprovide:(1)adescriptionofitsself-insuranceprogram,and(2)acertificateand/orletterofcoveragethatoutlinescoveragelimitsanddeductibles.Allself-insuredriskmanagementprogramsorself-insured/liabilitypoolfinancialreportsmustcomplywithGenerallyAcceptedAccountingPrinciples(GAAP)andadheretoaccountingstandardspromulgatedby:1)GovernmentalAccountingStandardsBoard(GASB),2)FinancialAccountingStandardsBoard(FASB),and3)theWashingtonStateAuditor’sannualinstructionsforfinancialreporting.GRANTEE’sparticipatinginjointriskpoolsshallmaintainsufficientdocumentationtosupporttheaggregateclaimliabilityinformationreportedonthebalancesheet.ThestateofWashington,itsagents,andemployeesneednotbenamedasadditionalinsuredunderaself-insuredproperty/liabilitypool,ifthepoolisprohibitedfromnamingthirdpartiesasadditionalinsured.GRANTEEshallprovideannuallytoCOMMERCEasummaryofcoveragesandaletterofselfinsurance,evidencingcontinuedcoverageunderGRANTEE’sself-insured/liabilitypoolorself-insuredriskmanagementprogram.SuchannualsummaryofcoverageandletterofsellinsurancewillbeprovidedontheanniversaryofthestartdateofthisAgreement.11.ORDEROFPRECEDENCEIntheeventofaninconsistencyinthisGrant,theinconsistencyshallberesolvedbygivingprecedenceinthefollowingorder:•ApplicablefederalandstateofWashingtonstatutesandregulations•SpecialTermsandConditions•GeneralTermsandConditions•AttachmentA—ScopeofWork•AttachmentB—Budget•AttachmentC—CertificationoftheAvailabilityofFundstoCompletetheProject•AttachmentD—CertificationofthePaymentandReportingofPrevailingWages6AGENDA ITEM # 9. a)
SPECIALTERMSANDCONDITIONSGENERALGRANTSTATEFUNDS•AttachmentE—CertificationofIntenttoEntertheLeadershipinEnergyandEnvironmentalDesign(LEED)CertificationProcess12.REDUCTIONINFUNDSIntheeventstatefundsappropriatedfortheworkcontemplatedunderthiscontractarewithdrawn,reduced,orlimitedinanywaybytheGovernorortheWashingtonStateLegislatureduringthecontractperiod,thepartiesheretoshallbeboundbyanysuchrevisedfundinglimitationsasimplementedatthediscretionofCOMMERCE,andshallmeetandrenegotiatethecontractaccordingly.13.OWNERSHIPOFPROJECT!CAPITALFACILITIESCOMMERCEmakesnoclaimtoanyrealpropertyimprovedorconstructedwithfundsawardedunderthiscontractanddoesnotassertandwillnotacquireanyownershipinterestinortitletothecapitalfacilitiesand/orequipmentconstructedorpurchasedwithstatefundsunderthiscontract;provided,however,thatCOMMERCEmaybegrantedasecurityinterestinrealproperty,tosecurefundsawardedunderthiscontract.ThisprovisiondoesnotextendtoclaimsthatCOMMERCEmaybringagainsttheGRANTEEinrecapturingfundsexpendedinviolationofthiscontract.14.CHANGEOFOWNERSHIPORUSEFORGRANTEE-OWNEDPROPERTYA.TheGRANTEEunderstandsandagreesthatanyandallrealpropertyorfacilitiesownedbytheGRANTEEthatareacquired,constructed,orotherwiseimprovedbytheGRANTEEusingstatefundsunderthiscontract,shallbeheldandusedbytheGRANTEEforthepurposeorpurposesstatedelsewhereinthiscontractforaperiodofatleastten(10)yearsfromthedatethefinalpaymentismadehereunder.B.ThisprovisionshallnotbeconstruedtoprohibittheGRANTEEfromsellinganypropertyorpropertiesdescribedinthissection;Provided,thatanysuchsaleshallbesubjecttopriorreviewandapprovalbyCOMMERCE,andthatallproceedsfromsuchsaleshallbeappliedtothepurchasepriceofadifferentfacilityorfacilitiesofequalorgreatervaluethantheoriginalfacilityandthatanysuchnewfacilityorfacilitieswillbeusedforthepurposeorpurposesstatedelsewhereinthiscontract.C.IntheeventtheGRANTEEisfoundtobeoutofcompliancewiththissection,theGRANTEEshallrepaytothestategeneralfundtheprincipalamountofthegrantasstatedinSection1,hereof,plusinterestcalculatedattherateofinterestonstateofWashingtongeneralobligationbondsissuedmostcloselytotheeffectivedateofthelegislationinwhichthesubjectfacilitywasauthorized.RepaymentshallbemadepursuanttoSection19(Recaptureprovision).15.CHANGEOFUSEFORLEASEDPROPERTYPERFORMANCEMEASUREA.TheGRANTEEunderstandsandagreesthatanyfacilityleasedbytheGRANTEEthatisconstructed,renovated,orotherwiseimprovedusingstatefundsunderthiscontractshallbeusedbytheGRANTEEforthepurposeorpurposesstatedelsewhereinthiscontractforaperiodofatleastten(10)yearsfromthedatethefinalpaymentismadehereunder.B.IntheeventtheGRANTEEisfoundtobeoutofcompliancewiththissection,theGRANTEEshallrepaytothestategeneralfundtheprincipalamountofthegrantasstatedinSection1,hereof,plusinterestcalculatedattherateofinterestonstateofWashingtongeneralobligationbondsissuedmostcloselytotheeffectivedateofthelegislationinwhichthesubjectfacilitywasauthorized.RepaymentshallbemadepursuanttoSection19(RecaptureProvision).7AGENDA ITEM # 9. a)
SPECIALTERMSANDCONDITIONSGENERALGRANTSTATEFUNDS16.MODIFICATIONTOTHEPROJECTBUDGETA.Notwithstandinganyotherprovisionofthiscontract,theGRANTEEmay,atitsdiscretion,makemodificationstolineitemsintheProjectBudget(AttachmentB),hereof,thatwillnotincreasethelineitembymorethanfifteenpercent(15%).B.TheGRANTEEshallnotifyCOMMERCEinwriting(byemailorregularmail)whenproposinganybudgetmodificatio.normodificationstoalineitemintheProjectBudget(AttachmentB,)hereof,thatwouldincreasethelineitembymorethanfifteenpercent(15%).Conversely,COMMERCEmayinitiatethebudgetmodificationapprovalprocessifpresentedwitharequestforpaymentunderthiscontractthatwouldcauseoneormorebudgetlineitemstoexceedthe15percent(15%)thresholdincreasedescribedabove.C.AnysuchbudgetmodificationormodificationsasdescribedaboveshallrequirethewrittenapprovalofCOMMERCE(byemailorregularmail),andsuchwrittenapprovalshallamendtheProjectBudget.Eachpartytothiscontractwillretainandmakeanyandalldocumentsrelatedtosuchbudgetmodificationsapartoftheirrespectivecontractfile.0.NothinginthissectionshallbeconstruedtopermitanincreaseintheamountoffundsavailablefortheProject,assetforthinSection2ofthiscontract.17.SIGNAGE,MARKERSANDPUBLICATIONSIf,duringtheperiodcoveredbythiscontract,theGRANTEEdisplaysorcirculatesanycommunication,publication,ordonorrecognitionidentifyingthefinancialparticipantsintheProject,anysuchcommunicationorpublicationmustidentify‘TheTaxpayersofWashingtonState”asaparticipant.18.HISTORICALANDCULTURALRESOURCESIntheeventthathistoricalorculturalartifactsarediscoveredattheProjectsiteduringconstruction,theGRANTEEshallimmediatelystopworkandnotifythelocalhistoricalpreservationofficerandthestatehistoricpreservationofficerattheWashingtonStateDepartmentofArchaeologyandHistoricPreservation(DAHP)at(360)586-3065,andtheCommerceRepresentativeidentifiedontheFaceSheet.Ifhumanremainsarediscovered,theGRANTEEshallimmediatelystopworkandreportthepresenceandlocationoftheremainstothecoronerandlocalenforcement,thencontactDAHPandanyconcernedtribe’sculturalstafforcommittee.19.REAPPROPRIATIONA.ThepartiesheretounderstandandagreethatanystatefundsnotexpendedbyJune30,2019willlapseonthatdateunlessspecificallyreappropriatedbytheWashingtonStateLegislature.Iffundsaresoreappropriated,thestate’sobligationunderthetermsofthiscontractshallbecontingentuponthetermsofsuchreappropriation.B.Intheeventanyfundsawardedunderthiscontractarereappropriatedforuseinafuturebiennium,COMMERCEreservestherighttoassignareasonableshareofanysuchreappropriationforadministrativecosts.8AGENDA ITEM # 9. a)
SPECIALTERMSANDCONDITIONSGENERALGRANTSTATEFUNDS20.RECAPTUREIntheeventthattheGRANTEEfailstoperformthisGrantinaccordancewithstatelaws,federallaws,and/ortheprovisionsofthisGrant,COMMERCEreservestherighttorecaptureallfundsdisbursedundertheGrant,inadditiontoanyotherremediesavailableatlaworinequity.ThisprovisionsupersedestheRecaptureprovisioninSection25oftheGeneralTermsandConditions.21.TERMINATIONFORFRAUDORMISREPRESENTATIONIntheeventtheGRANTEEcommitsfraudormakesanymisrepresentationinconnectionwiththeGrantapplicationorduringtheperformanceofthiscontract,COMMERCEreservestherighttoterminateoramendthiscontractaccordingly,includingtherighttorecaptureallfundsdisbursedtotheGRANTEEundertheGrant.9AGENDA ITEM # 9. a)
GENERALTERMSANDCONDITIONSGENERALGRANTSTATEFUNDS1.DEFINITIONSAsusedthroughoutthisGrant,thefollowingtermsshallhavethemeaningsetforthbelow:A.“AuthorizedRepresentative”shallmeantheDirectorand/orthedesigneeauthorizedinwritingtoactontheDirector’sbehalf.B.“COMMERCE”shallmeantheDepartmentofCommerce.C.“GRANTEE”shallmeantheentityidentifiedonthefacesheetperformingservice(s)underthisGrant,andshallincludeallemployeesandagentsoftheGRANTEE.D.“PersonalInformation”shallmeaninformationidentifiabletoanyperson,including,butnotlimitedto,informationthatrelatestoaperson’sname,health,finances,education,business,useorreceiptofgovernmentalservicesorotheractivities,addresses,telephonenumbers,socialsecuritynumbers,driverlicensenumbers,otheridentifyingnumbers,andanyfinancialidentifiers.E.“State”shallmeanthestateofWashington.F.“Subgrantee/subcontractor”shallmeanonenotintheemploymentoftheGRANTEE,whoisperformingallorpartofthoseservicesunderthisGrantunderaseparateGrantwiththeGRANTEE.Theterms“subgrantee/subcontractor”referstoanytier.G.“Subrecipient”shallmeananon-federalentitythatexpendsfederalawardsreceivedfromapass-throughentitytocarryoutafederalprogram,butdoesnotincludeanindividualthatisabeneficiaryofsuchaprogram.Italsoexcludesvendorsthatreceivefederalfundsinexchangeforgoodsand/orservicesinthecourseofnormaltradeorcommerce.H.“Vendor”isanentitythatagreestoprovidetheamountandkindofservicesrequestedbyCOMMERCE;providesservicesunderthegrantonlytothosebeneficiariesindividuallydeterminedtobeeligiblebyCOMMERCEand,providesservicesonafee-for-serviceorper-unitbasiswithcontractualpenaltiesiftheentityfailstomeetprogramperformancestandards.2.ACCESSTODATAIncompliancewithRCW39.26.180,theGRANTEEshallprovideaccesstodatageneratedunderthisGranttoCOMMERCE,theJointLegislativeAuditandReviewCommittee,andtheOfficeoftheStateAuditoratnoadditionalcost.Thisincludesaccesstoallinformationthatsupportsthefindings,conclusions,andrecommendationsoftheGRANTEE’sreports,includingcomputermodelsandthemethodologyforthosemodels.3.ADVANCEPAYMENTSPROHIBITEDNopaymentsinadvanceoforinanticipationofgoodsorservicestobeprovidedunderthisGrantshallbemadebyCOMMERCE.4.ALLWRITINGSCONTAINEDHEREINThisGrantcontainsallthetermsandconditionsagreeduponbytheparties.Nootherunderstandings,oralorotherwise,regardingthesubjectmatterofthisGrantshallbedeemedtoexistortobindanyofthepartieshereto.5.AMENDMENTSThisGrantmaybeamendedbymutualagreementoftheparties.Suchamendmentsshallnotbebindingunlesstheyareinwritingandsignedbypersonnelauthorizedtobindeachoftheparties.1AGENDA ITEM # 9. a)
GENERALTERMSANDCONDITIONSGENERALGRANTSTATEFUNDS6.AMERICANSWITHDISABILITIESACT(ADA)OF1990,PUBLICLAW101-336,alsoreferredtoasthe“ADA”28CFRPart35TheGRANTEEmustcomplywiththeADA,whichprovidescomprehensivecivilrightsprotectiontoindividualswithdisabilitiesintheareasofemployment,publicaccommodations,stateandlocalgovernmentservices,andtelecommunications.7.ASSIGNMENTNeitherthisGrant,noranyclaimarisingunderthisGrant,shallbetransferredorassignedbytheGRANTEEwithoutpriorwrittenconsentofCOMMERCE.8.ATTORNEYS’FEESUnlessexpresslypermittedunderanotherprovisionoftheGrant,intheeventoflitigationorotheractionbroughttoenforceGrantterms,eachpartyagreestobearitsownattorneysfeesandcosts.9.AUDITA.GeneralRequirementsCOMMERCEreservestherighttorequireanaudit.Ifrequired,GRANTEEsaretoprocureauditservicesbasedonthefollowingguidelines.TheGRANTEEshallmaintainitsrecordsandaccountssoastofacilitateauditsandshallensurethatsubgranteesalsomaintainauditablerecords.TheGRANTEEisresponsibleforanyauditexceptionsincurredbyitsownorganizationorthatofitssubgranteesCOMMERCEreservestherighttorecoverfromtheGRANTEEalldisallowedcostsresultingfromtheaudit.Responsestoanyunresolvedmanagementfindingsanddisallowedorquestionedcostsshallbeincludedwiththeauditreport.TheGRANTEEmustrespondtoCOMMERCErequestsforinformationorcorrectiveactionconcerningauditissueswithinthirty(30)daysofthedateofrequest.B.StateFundsRequirementsIntheeventanauditisrequired,iftheGRANTEEisastateorlocalgovernmententity,theOfficeoftheStateAuditorshallconducttheaudit.Auditsofnon-profitorganizationsaretobeconductedbyacertifiedpublicaccountantselectedbytheGRANTEE.TheGRANTEEshallincludetheaboveauditrequirementsinanysubcontracts.Inanycase,theGRANTEE’srecordsmustbeavailableforreviewbyCOMMERCE.C.DocumentationRequirementsTheGRANTEEmustsendacopyoftheauditreportdescribedabovenolaterthannine(9)monthsaftertheendoftheGRANTEE’sfiscalyear(s)bysendingascannedcopytoauditreview(commerce.wa.ovorahardcopyto:DepartmentofCommerceAHN:AuditReviewandResolutionOffice1011PlumStreetSEP0Box42525OlympiaWA98504-2525Inadditiontosendingacopyoftheaudit,whenapplicable,theGRANTEEmustinclude:2AGENDA ITEM # 9. a)
GENERALTERMSANDCONDITIONSGENERALGRANTSTATEFUNDS•Correctiveactionplanforauditfindingswithinthree(3)monthsoftheauditbeingreceivedbyCOMMERCE.•CopyoftheManagementLetter.IftheGRANTEEisrequiredtoobtainaSingleAuditconsistentwithCircularA-133requirements,acopymustbeprovidedtoCOMMERCE;nootherreportisrequired.10.CONFIDENTIALITYISAFEGUARDINGOFINFORMATIONA.“ConfidentialInformation”asusedinthissectionincludes:1.AllmaterialprovidedtotheGRANTEEbyCOMMERCEthatisdesignatedas“confidential”byCOMMERCE;2.AllmaterialproducedbytheGRANTEEthatisdesignatedas“confidential”byCOMMERCE;and3.AllpersonalinformationinthepossessionoftheGRANTEEthatmaynotbedisclosedunderstateorfederallaw.“Personalinformation”includesbutisnotlimitedtoinformationrelatedtoaperson’sname,health,finances,education,business,useofgovernmentservices,addresses,telephonenumbers,socialsecuritynumber,driver’slicensenumberandotheridentifyingnumbers,and“ProtectedHealthInformation”underthefederalHealthInsurancePortabilityandAccountabilityActof1996(HIPAA).B.TheGRANTEEshallcomplywithallstateandfederallawsrelatedtotheuse,sharing,transfer,sale,ordisclosureofConfidentialInformation.TheGRANTEEshalluseConfidentialInformationsolelyforthepurposesofthisGrantandshallnotuse,share,transfer,sellordiscloseanyConfidentialInformationtoanythirdpartyexceptwiththepriorwrittenconsentofCOMMERCEorasmayberequiredbylaw.TheGRANTEEshalltakeallnecessarystepstoassurethatConfidentialInformationissafeguardedtopreventunauthorizeduse,sharing,transfer,saleordisclosureofConfidentialInformationorviolationofanystateorfederallawsrelatedthereto.Uponrequest,theGRANTEEshallprovideCOMMERCEwithitspoliciesandproceduresonconfidentiality.COMMERCEmayrequirechangestosuchpoliciesandproceduresastheyapplytothisGrantwheneverCOMMERCEreasonablydeterminesthatchangesarenecessarytopreventunauthorizeddisclosures.TheGRANTEEshallmakethechangeswithinthetimeperiodspecifiedbyCOMMERCE.Uponrequest,theGRANTEEshallimmediatelyreturntoCOMMERCEanyConfidentialInformationthatCOMMERCEreasonablydetermineshasnotbeenadequatelyprotectedbytheGRANTEEagainstunauthorizeddisclosure.C.UnauthorizedUseorDisclosure.TheGRANTEEshallnotifyCOMMERCEwithinfive(5)workingdaysofanyunauthorizeduseordisclosureofanyconfidentialinformation,andshalltakenecessarystepstomitigatetheharmfuleffectsofsuchuseordisclosure.11.CONFLICTOFINTERESTNotwithstandinganydeterminationbytheExecutiveEthicsBoardorothertribunal,COMMERCEmay,initssolediscretion,bywrittennoticetotheCONTRACTORterminatethiscontractifitisfoundafterduenoticeandexaminationbyCOMMERCEthatthereisaviolationoftheEthicsinPublicServiceAct,Chapters42.52RCWand42.23RCW;oranysimilarstatuteinvolvingtheCONTRACTORintheprocurementof,orperformanceunderthiscontract.Specificrestrictionsapplytocontractingwithcurrentorformerstateemployeespursuanttochapter42.52oftheRevisedCodeofWashington.TheCONTRACTORandtheirsubcontractor(s)mustidentifyanypersonemployedinanycapacitybythestateofWashingtonthatworkedonthisGrant,oranymatterrelatedtotheprojectfundedunderthisGrantoranyotherstatefundedproject,includingbutnotlimitedtoformulatingordraftinglegislation,participatingingrantprocurement,planningandexecution,awardinggrants,ormonitoringgrants,duringthe24monthperiodprecedingthestartdateofthisGrant.Identifytheindividualbyname,theagencypreviouslyorcurrentlyemployedby,jobtitle3AGENDA ITEM # 9. a)
GENERALTERMSANDCONDITIONSGENERALGRANTSTATEFUNDSorpositionheld,andseparationdate.IfitisdeterminedbyCOMMERCEthataconflictofinterestexists,theCONTRACTORmaybedisqualifiedfromfurtherconsiderationfortheawardofaGrant.Intheeventthiscontractisterminatedasprovidedabove,COMMERCEshallbeentitledtopursuethesameremediesagainsttheCONTRACTORasitcouldpursueintheeventofabreachofthecontractbytheCONTRACTOR.TherightsandremediesofCOMMERCEprovidedforinthisclauseshallnotbeexclusiveandareinadditiontoanyotherrightsandremediesprovidedbylaw.TheexistenceoffactsuponwhichCOMMERCEmakesanydeterminationunderthisclauseshallbeanissueandmaybereviewedasprovidedinthe“Disputes”clauseofthiscontract.12.COPYRIGHTPROVISIONSUnlessotherwiseprovided,allMaterialsproducedunderthisGrantshallbeconsidered“worksforhire”asdefinedbytheU.S.CopyrightActandshallbeownedbyCOMMERCE.COMMERCEshallbeconsideredtheauthorofsuchMaterials.IntheeventtheMaterialsarenotconsidered“worksforhire”undertheU.S.Copyrightlaws,theGRANTEEherebyirrevocablyassignsallright,title,andinterestinallMaterials,includingallintellectualpropertyrights,moralrights,andrightsofpublicitytoCOMMERCEeffectivefromthemomentofcreationofsuchMaterials.“Materials”meansallitemsinanyformatandincludes,butisnotlimitedto,data,reports,documents,pamphlets,advertisements,books,magazines,surveys,studies,computerprograms,films,tapes,and/orsoundreproductions.“Ownership”includestherighttocopyright,patent,registerandtheabilitytotransfertheserights.ForMaterialsthataredeliveredundertheGrant,butthatincorporatepre-existingmaterialsnotproducedundertheGrant,theGRANTEEherebygrantstoCOMMERCEanonexclusive,royalty-free,irrevocablelicense(withrightstosublicensetoothers)insuchMaterialstotranslate,reproduce,distribute,preparederivativeworks,publiclyperform,andpubliclydisplay.TheGRANTEEwarrantsandrepresentsthattheGRANTEEhasallrightsandpermissions,includingintellectualpropertyrights,moralrightsandrightsofpublicity,necessarytograntsuchalicensetoCOMMERCE.TheGRANTEEshallexertallreasonableefforttoadviseCOMMERCE,atthetimeofdeliveryofMaterialsfurnishedunderthisGrant,ofallknownorpotentialinvasionsofprivacycontainedthereinandofanyportionofsuchdocumentwhichwasnotproducedintheperformanceofthisGrant.TheGRANTEEshallprovideCOMMERCEwithpromptwrittennoticeofeachnoticeorclaimofinfringementreceivedbytheGRANTEEwithrespecttoanyMaterialsdeliveredunderthisGrant.COMMERCEshallhavetherighttomodifyorremoveanyrestrictivemarkingsplacedupontheMaterialsbytheGRANTEE.13.DISPUTESExceptasotherwiseprovidedinthisGrant,whenadisputearisesbetweenthepartiesanditcannotberesolvedbydirectnegotiation,eitherpartymayrequestadisputehearingwiththeDirectorofCOMMERCE,whomaydesignateaneutralpersontodecidethedispute.Therequestforadisputehearingmust:•beinwriting;•statethedisputedissues;•statetherelativepositionsoftheparties;•statetheGRANTEE’sname,address,andContractnumber;and•bemailedtotheDirectorandtheotherparty’s(respondent’s)GrantRepresentativewithinthree(3)workingdaysafterthepartiesagreethattheycannotresolvethedispute.Therespondentshallsendawrittenanswertotherequestor’sstatementtoboththeDirectorortheDirector’sdesigneeandtherequestorwithinfive(5)workingdays.TheDirectorordesigneeshallreviewthewrittenstatementsandreplyinwritingtobothpartieswithinten(10)workingdays.TheDirectorordesigneemayextendthisperiodifnecessarybynotifyingtheparties.4AGENDA ITEM # 9. a)
GENERALTERMSANDCONDITIONSGENERALGRANTSTATEFUNDSThedecisionshallnotbeadmissibleinanysucceedingjudicialorquasi-judicialproceeding.Thepartiesagreethatthisdisputeprocessshallprecedeanyactioninajudicialorquasi-judicialtribunal.NothinginthisGrantshallbeconstruedtolimittheparties’choiceofamutuallyacceptablealternatedisputeresolution(ADR)methodinadditiontothedisputehearingprocedureoutlinedabove.14.DUPLICATEPAYMENTCOMMERCEshallnotpaytheGRANTEE,iftheGRANTEEhaschargedorwillchargetheStateofWashingtonoranyotherpartyunderanyotherGrant,subgranUsubcontract,oragreement,forthesameservicesorexpenses.15.GOVERNINGLAWANDVENUEThisGrantshallbeconstruedandinterpretedinaccordancewiththelawsofthestateofWashington,andthevenueofanyactionbroughthereundershallbeintheSuperiorCourtforThurstonCounty.16.INDEMNIFICATIONTothefullestextentpermittedbylaw,theGRANTEEshallindemnify,defend,andholdharmlessthestateofWashington,COMMERCE,agenciesofthestateandallofficials,agentsandemployeesofthestate,fromandagainstallclaimsforinjuriesordeatharisingoutoforresultingfromtheperformanceofthecontract.Claim”asusedinthiscontract,meansanyfinancialloss,claim,suit,action,damage,orexpense,includingbutnotlimitedtoattorneysfees,attributableforbodilyinjury,sickness,disease,ordeath,orinjurytoorthedestructionoftangiblepropertyincludinglossofuseresultingtherefrom.TheGRANTEE’sobligationtoindemnify,defend,andholdharmlessincludesanyclaimbyGRANTEE’sagents,employees,representatives,oranysubgrantee/subcontractororitsemployees.GRANTEEexpresslyagreestoindemnify,defend,andholdharmlesstheStateforanyclaimarisingoutoforincidenttoGRANTEE’Soranysubgrantee’s/subcontractor’sperformanceorfailuretoperformtheGrant.GRANTEE’Sobligationtoindemnify,defend,andholdharmlesstheStateshallnotbeeliminatedorreducedbyanyactualorallegedconcurrentnegligenceofStateoritsagents,agencies,employeesandofficials.TheGRANTEEwaivesitsimmunityunderTitle51RCWtotheextentitisrequiredtoindemnify,defendandholdharmlessthestateanditsagencies,officers,agentsoremployees.17.INDEPENDENTCAPACITYOFTHEGRANTEEThepartiesintendthatanindependentcontractorrelationshipwillbecreatedbythisGrant.TheGRANTEEanditsemployeesoragentsperformingunderthisContractarenotemployeesoragentsofthestateofWashingtonorCOMMERCE.TheGRANTEEwillnotholditselfoutasorclaimtobeanofficeroremployeeofCOMMERCEorofthestateofWashingtonbyreasonhereof,norwilltheGRANTEEmakeanyclaimofright,privilegeorbenefitwhichwouldaccruetosuchofficeroremployeeunderlaw.ConductandcontroloftheworkwillbesolelywiththeGRANTEE.18.INDUSTRIALINSURANCECOVERAGETheGRANTEEshallcomplywithallapplicableprovisionsofTitle51RCW,IndustrialInsurance.IftheGRANTEEfailstoprovideindustrialinsurancecoverageorfailstopaypremiumsorpenaltiesonbehalfofitsemployeesasmayberequiredbylaw,COMMERCEmaycollectfromtheGRANTEEthefullamountpayabletotheIndustrialInsuranceAccidentFund.COMMERCEmaydeducttheamountowedbytheGRANTEEtotheaccidentfundfromtheamountpayabletotheGRANTEEbyCOMMERCEunderthisContract,andtransmitthedeductedamounttotheDepartmentofLaborandIndustries,(L&l)DivisionofInsuranceServices.ThisprovisiondoesnotwaiveanyofL&I’srightstocollectfromtheGRANTEE.5AGENDA ITEM # 9. a)
GENERALTERMSANDCONDITIONSGENERALGRANTSTATEFUNDS19.LAWSTheGRANTEEshallcomplywithallapplicablelaws,ordinances,codes,regulationsandpoliciesoflocalandstateandfederalgovernments,asnoworhereafteramended.20.LICENSING,ACCREDITATIONANDREGISTRATIONTheGRANTEEshallcomplywithallapplicablelocal,state,andfederallicensing,accreditationandregistrationrequirementsorstandardsnecessaryfortheperformanceofthisContract.21.LIMITATIONOFAUTHORITYOnlytheAuthorizedRepresentativeorAuthorizedRepresentative’sdelegatebywriting(delegationtobemadepriortoaction)shallhavetheexpress,implied,orapparentauthoritytoalter,amend,modify,orwaiveanyclauseorconditionofthisContract.Furthermore,anyalteration,amendment,modification,orwaiveroranyclauseorconditionofthiscontractisnoteffectiveorbindingunlessmadeinwritingandsignedbytheAuthorizedRepresentative.22.NONCOMPLIANCEWITHNONDISCRIMINATIONLAWSDuringtheperformanceofthisGrant,theGRANTEEshallcomplywithallfederal,state,andlocalnondiscriminationlaws,regulationsandpolicies.IntheeventoftheGRANTEE’snon-complianceorrefusaltocomplywithanynondiscriminationlaw,regulationorpolicy,thisGrantmayberescinded,canceledorterminatedinwholeorinpart,andtheGRANTEEmaybedeclaredineligibleforfurtherGrantswithCOMMERCE.TheGRANTEEshall,however,begivenareasonabletimeinwhichtocurethisnoncompliance.Anydisputemayberesolvedinaccordancewiththe‘Disputes”proceduresetforthherein.23.PAYEQUITYTheGRANTEEagreestoensurethatsimilarlyemployed”individualsinitsworkforcearecompensatedasequals,consistentwiththefollowing:a.Employeesare“similarlyemployed”iftheindividualsworkforthesameemployer,theperformanceofthejobrequirescomparableskill,effort,andresponsibility,andthejobsareperformedundersimilarworkingconditions.Jobtitlesalonearenotdeterminativeofwhetheremployeesaresimilarlyemployed;b.GRANTEEmayallowdifferentialsincompensationforitsworkersifthedifferentialsarebasedingoodfaithandonanyofthefollowing:(i)Asenioritysystem;ameritsystem;asystemthatmeasuresearningsbyquantityorqualityofproduction;abonafidejob-relatedfactororfactors;orabonafideregionaldifferenceincompensationlevels.(ii)Abonafidejob-relatedfactororfactorsmayinclude,butnotbelimitedto,education,training,orexperiencethatis:Consistentwithbusinessnecessity;notbasedonorderivedfromagender-baseddifferential;andaccountsfortheentiredifferential.(iii)Abonafideregionaldifferenceincompensationlevelmustbe:Consistentwithbusinessnecessity;notbasedonorderivedfromagender-baseddifferential;andaccountfortheentiredifferential.ThisContractmaybeterminatedbyCOMMERCE,ifCOMMERCEortheDepartmentofEnterpriseservicesdeterminesthattheGRANTEEisnotincompliancewiththisprovision.6AGENDA ITEM # 9. a)
GENERALTERMSANDCONDITIONSGENERALGRANTSTATEFUNDS24.POLITICALACTIVITIESPoliticalactivityofGRANTEEemployeesandofficersarelimitedbytheStateCampaignFinancesandLobbyingprovisionsofChapter42.17aRCWandtheFederalHatchAct,5USC1501-1508.Nofundsmaybeusedforworkingfororagainstballotmeasuresorfororagainstthecandidacyofanypersonforpublicoffice.25.PUBLICITYTheGRANTEEagreesnottopublishoruseanyadvertisingorpublicitymaterialsinwhichthestateofWashingtonorCOMMERCE’snameismentioned,orlanguageusedfromwhichtheconnectionwiththestateofWashington’sorCOMMERCE’snamemayreasonablybeinferredorimplied,withoutthepriorwrittenconsentofCOMMERCE.26.RECAPTUREIntheeventthattheGRANTEEfailstoperformthisGrantinaccordancewithstatelaws,federallaws,and/ortheprovisionsofthisGrant,COMMERCEreservestherighttorecapturefundsinanamounttocompensateCOMMERCEforthenoncomplianceinadditiontoanyotherremediesavailableatlaworinequity.RepaymentbytheGRANTEEoffundsunderthisrecaptureprovisionshalloccurwithinthetimeperiodspecifiedbyCOMMERCE.Inthealternative,COMMERCEmayrecapturesuchfundsfrompaymentsdueunderthisGrant.27.RECORDSMAINTENANCETheGRANTEEshallmaintainbooks,records,documents,dataandotherevidencerelatingtothisGrantandperformanceoftheservicesdescribedherein,includingbutnotlimitedtoaccountingproceduresandpracticesthatsufficientlyandproperlyreflectalldirectandindirectcostsofanynatureexpendedintheperformanceofthisGrant.GRANTEEshallretainsuchrecordsforaperiodofsixyearsfollowingthedateoffinalpayment.Atnoadditionalcost,theserecords,includingmaterialsgeneratedundertheGrant,shallbesubjectatallreasonabletimestoinspection,revieworauditbyCOMMERCE,personneldulyauthorizedbyCOMMERCE,theOfficeoftheStateAuditor,andfederalandstateofficialssoauthorizedbylaw,regulationoragreement.Ifanylitigation,claimorauditisstartedbeforetheexpirationofthesix(6)yearperiod,therecordsshallberetaineduntilalllitigation,claims,orauditfindingsinvolvingtherecordshavebeenresolved.28.REGISTRATIONWITHDEPARTMENTOFREVENUEIfrequiredbylaw,theGRANTEEshallcompleteregistrationwiththeWashingtonStateDepartmentofRevenue.29.RIGHTOFINSPECTIONTheGRANTEEshallproviderightofaccesstoitsfacilitiestoCOMMERCE,oranyofitsofficers,ortoanyotherauthorizedagentorofficialofthestateofWashingtonorthefederalgovernment,atallreasonabletimes,inordertomonitorandevaluateperformance,compliance,and/orqualityassuranceunderthisGrant.30.SAVINGSIntheeventfundingfromstate,federal,orothersourcesiswithdrawn,reduced,orlimitedinanywayaftertheeffectivedateofthisGrantandpriortonormalcompletion,COMMERCEmayterminatetheGrantunderthe“TerminationforConvenience”clause,withoutthetencalendardaynoticerequirement.Inlieuoftermination,theGrantmaybeamendedtoreflectthenewfundinglimitationsandconditions.7AGENDA ITEM # 9. a)
GENERALTERMSANDCONDITIONSGENERALGRANTSTATEFUNDS31.SEVERABILITYTheprovisionsofthisGrantareintendedtobeseverable.Ifanytermorprovisionisillegalorinvalidforanyreasonwhatsoever,suchillegalityorinvalidityshallnotaffectthevalidityoftheremainderoftheGrant.32.SITESECURITYWhileonCOMMERCEpremises,GRANTEE,itsagents,employees,orsubcontractorsshallconforminallrespectswithphysical,fireorothersecuritypoliciesorregulations.33.SUBGRANTINGISUBCONTRACTINGNeithertheGRANTEEnoranysubgrantee/subcontractorshallenterintosubgrants/subcontractsforanyoftheworkcontemplatedunderthiscontractwithoutobtainingpriorwrittenapprovalofCOMMERCE.InnoeventshalltheexistenceofthesubgranUsubcontractoperatetoreleaseorreducetheliabilityoftheGRANTEEtoCOMMERCEforanybreachintheperformanceoftheGRANTEE’sduties.ThisclausedoesnotincludeGrantsofemploymentbetweentheGRANTEEandpersonnelassignedtoworkunderthisGrant.Additionally,theGRANTEEisresponsibleforensuringthatallterms,conditions,assurancesandcertificationssetforthinthisagreementarecarriedforwardtoanysubgrants/subcontracts.GRANTEEanditssubgrantees/subcontractorsagreenottorelease,divulge,publish,transfer,sellorotherwisemakeknowntounauthorizedpersonspersonalinformationwithouttheexpresswrittenconsentofCOMMERCEorasprovidedbylaw.34.SURVIVALTheterms,conditions,andwarrantiescontainedinthisGrantthatbytheirsenseandcontextareintendedtosurvivethecompletionoftheperformance,cancellationorterminationofthisGrantshallsosurvive.35.TAXESAllpaymentsaccruedonaccountofpayrolltaxes,unemploymentcontributions,theGRANTEE’sincomeorgrossreceipts,anyothertaxes,insuranceorexpensesfortheGRANTEEoritsstaffshallbethesoleresponsibilityoftheGRANTEE.36.TERMINATIONFORCAUSEIntheeventCOMMERCEdeterminestheGRANTEEhasfailedtocomplywiththeconditionsofthisGrantinatimelymanner,COMMERCEhastherighttosuspendorterminatethisGrant.BeforesuspendingorterminatingtheGrant,COMMERCEshallnotifytheGRANTEEinwritingoftheneedtotakecorrectiveaction.Ifcorrectiveactionisnottakenwithin30calendardays,theGrantmaybeterminatedorsuspended.Intheeventofterminationorsuspension,theGRANTEEshallbeliablefordamagesasauthorizedbylawincluding,butnotlimitedto,anycostdifferencebetweentheoriginalGrantandthereplacementorcoverGrantandalladministrativecostsdirectlyrelatedtothereplacementGrant,e.g.,costofthecompetitivebidding,mailing,advertisingandstafftime.COMMERCEreservestherighttosuspendallorpartoftheGrant,withholdfurtherpayments,orprohibittheGRANTEEfromincurringadditionalobligationsoffundsduringinvestigationoftheallegedcompliancebreachandpendingcorrectiveactionbytheGRANTEEoradecisionbyCOMMERCEtoterminatetheGrant.Aterminationshallbedeemeda‘TerminationforConvenience”8AGENDA ITEM # 9. a)
GENERALTERMSANDCONDITIONSGENERALGRANTSTATEFUNDSifitisdeterminedthattheGRANTEE:(1)wasnotindefault;or(2)failuretoperformwasoutsideofhisorhercontrol,faultornegligence.TherightsandremediesofCOMMERCEprovidedinthisGrantarenotexclusiveandare,inadditiontoanyotherrightsandremedies,providedbylaw.37.TERMINATIONFORCONVENIENCEExceptasotherwiseprovidedinthisGrant,COMMERCEmay,byten(10)businessdayswrittennotice,beginningontheseconddayafterthemailing,terminatethisGrant,inwholeorinpart.IfthisGrantissoterminated,COMMERCEshallbeliableonlyforpaymentrequiredunderthetermsofthisGrantforservicesrenderedorgoodsdeliveredpriortotheeffectivedateoftermination.38.TERMINATIONPROCEDURESUponterminationofthisGrant,COMMERCE,inadditiontoanyotherrightsprovidedinthisGrant,mayrequiretheGRANTEEtodelivertoCOMMERCEanypropertyspecificallyproducedoracquiredfortheperformanceofsuchpartofthisGrantashasbeenterminated.Theprovisionsofthe“TreatmentofAssets”clauseshallapplyinsuchpropertytransfer.COMMERCEshallpaytotheGRANTEEtheagreeduponprice,ifseparatelystated,forcompletedworkandservicesacceptedbyCOMMERCE,andtheamountagreeduponbytheGRANTEEandCOMMERCEfor(I)completedworkandservicesforwhichnoseparatepriceisstated,(ii)partiallycompletedworkandservices,(iii)otherpropertyorservicesthatareacceptedbyCOMMERCE,and(iv)theprotectionandpreservationofproperty,unlesstheterminationisfordefault,inwhichcasetheAGENTshalldeterminetheextentoftheliabilityofCOMMERCE.Failuretoagreewithsuchdeterminationshallbeadisputewithinthemeaningofthe“Disputes”clauseofthisGrant.COMMERCEmaywithholdfromanyamountsduetheGRANTEEsuchsumastheAUTHORIZEDREPRESENTATIVEdeterminestobenecessarytoprotectCOMMERCEagainstpotentiallossorliability.TherightsandremediesofCOMMERCEprovidedinthissectionshallnotbeexclusiveandareinadditiontoanyotherrightsandremediesprovidedbylaworunderthiscontract.Afterreceiptofanoticeoftermination,andexceptasotherwisedirectedbytheAUTHORIZEDREPRESENTATIVE,theGRANTEEshall:1.StopworkundertheGrantonthedate,andtotheextentspecified,inthenotice;2.Placenofurtherordersorsubgrants/subcontractsformaterials,services,orfacilitiesexceptasmaybenecessaryforcompletionofsuchportionoftheworkundertheGrantthatisnotterminated;3.AssigntoCOMMERCE,inthemanner,atthetimes,andtotheextentdirectedbytheAUTHORIZEDREPRESENTATIVE,alloftherights,title,andinterestoftheGRANTEEundertheordersandsubgrants/subcontractssoterminated,inwhichcaseCOMMERCEhastheright,atitsdiscretion,tosettleorpayanyorallclaimsarisingoutoftheterminationofsuchordersandsubgrants/subcontracts;4.Settlealloutstandingliabilitiesandallclaimsarisingoutofsuchterminationofordersandsubcontracts,withtheapprovalorratificationoftheAUTHORIZEDREPRESENTATIVEtotheextentAUTHORIZEDREPRESENTATIVEmayrequire,whichapprovalorratificationshallbefinalforallthepurposesofthisclause;5.TransfertitletoCOMMERCEanddeliverinthemanner,atthetimes,andtotheextentdirectedbytheAUTHORIZEDREPRESENTATIVEanypropertywhich,iftheGranthadbeencompleted,wouldhavebeenrequiredtobefurnishedtoCOMMERCE;6.CompleteperformanceofsuchpartoftheworkasshallnothavebeenterminatedbytheAUTHORIZEDREPRESENTATIVE;and9AGENDA ITEM # 9. a)
GENERALTERMSANDCONDiTIONSGENERALGRANTSTATEFUNDS7.Takesuchactionasmaybenecessary,orastheAUTHORIZEDREPRESENTATIVEmaydirect,fortheprotectionandpreservationofthepropertyrelatedtothisGrant,whichisinthepossessionoftheGRANTEEandinwhichCOMMERCEhasormayacquireaninterest.39.TREATMENTOFASSETSTitletoallpropertyfurnishedbyCOMMERCEshallremaininCOMMERCE.TitletoallpropertyfurnishedbytheGRANTEE,forthecostofwhichtheGRANTEEisentitledtobereimbursedasadirectitemofcostunderthisGrant,shallpasstoandvestinCOMMERCEupondeliveryofsuchpropertybytheGRANTEE.Titletootherproperty,thecostofwhichisreimbursabletotheGRANTEEunderthisGrant,shallpasstoandvestinCOMMERCEupon(I)issuanceforuseofsuchpropertyintheperformanceofthisGrant,or(ii)commencementofuseofsuchpropertyintheperformanceofthisGrant,or(iii)reimbursementofthecostthereofbyCOMMERCEinwholeorinpart,whicheverfirstoccurs.A.AnypropertyofCOMMERCEfurnishedtotheGRANTEEshall,unlessotherwiseprovidedhereinorapprovedbyCOMMERCE,beusedonlyfortheperformanceofthisGrant.B.TheGRANTEEshallberesponsibleforanylossordamagetopropertyofCOMMERCEthatresultsfromthenegligenceoftheGRANTEEorwhichresultsfromthefailureonthepartoftheGRANTEEtomaintainandadministerthatpropertyinaccordancewithsoundmanagementpractices.C.IfanyCOMMERCEpropertyislost,destroyedordamaged,theGRANTEEshallimmediatelynotifyCOMMERCEandshalltakeallreasonablestepstoprotectthepropertyfromfurtherdamage.D.TheGRANTEEshallsurrendertoCOMMERCEallpropertyofCOMMERCEpriortosettlementuponcompletion,terminationorcancellationofthisGrantAllreferencetotheGRANTEEunderthisclauseshallalsoincludeGRANTEE’Semployees,agentsorsubgrantees/subcontractors.40.WAIVERWaiverofanydefaultorbreachshallnotbedeemedtobeawaiverofanysubsequentdefaultorbreach.AnywaivershallnotbeconstruedtobeamodificationofthetermsofthisGrantunlessstatedtobesuchinwritingandsignedbyAuthorizedRepresentativeofCOMMERCE.10AGENDA ITEM # 9. a)
AttachmentAScopeofWorkFundsawardedunderthisgrantshallbeusedforcapitalexpendituresrelatedtothethedesignandconstructionoftheSunsetNeighborhoodParkintheCityofRenton.Theprojectwillbelocatedonparcelnumbers7227801300and7227800000.Constructionwillincludebutnotbelimitedtoearthwork,installationofsiteutilitiesanddrainage,walkwayandplazapaving,landscapeimprovements,irrigation,pergolas,twochildren’splayareas,anadult/teenfitnessarea,apicnicarea,agazebo,awaterfeature,andtheinstallationofbenches,bollards,litterreceptacles,signage,andlighting.Whencomplete,the3.2acreparkwillbeusedbythecommunityasaspacetogatherandrecreate.ThisprojectisexpectedtobecompletedinJune,2020.Allprojectworkcompletedwithpriorlegislativeapproval.The“CopyrightProvisions”,Section12oftheGeneralTermsandConditions,arenotintendedtoapplytoanyarchitecturalandengineeringdesignworkfundedbythisgrant.CERTIFICATIONPERFORMANCEMEASURETheGRANTEE,byitssignature,certifiesthatthedeclarationsetforthabovehasbeenreviewedandapprovedbytheGRANTEE’sgoverningbodyasofthedateandyearwrittenbelow.GRANTEETITLEDATEAGENDA ITEM # 9. a)
AttachmentBBudgetLineItemAmountArchitecture&Engineering$525,000.00SiteAcquisition$0.00Construction$3,625,000.00CapitalizedEquipment$0.00Contingency$0.00Other$0.00TotalContractedAmount:$4,150,000.00CERTIFICATIONPERFORMANCEMEASURETheGRANTEE,byitssignature,certifiesthattheProjectBudgetsetforthabovehasbeenreviewedandapprovedbytheGRANTEE’sgoverningbodyorboardofdirectors,asapplicable,asofthedateandyearwrittenbelow.GRANTEETITLEDATEAGENDA ITEM # 9. a)
AttachmentCCertificationoftheAvailabilityofFundstoCompletetheProjectNon-StateFundsAmountTotalKingCountyYouthandAmateurSportsFundGrant$175,000.00CityofRenton$975,000.00TotalNon-StateFunds$1,150,000.00$1,150,000.00StateFundsStateCapitalBudget$3,000,000.00$3,000,000.00$4,150,000.00TotalNon-StateandStateSourcesCERTIFICATIONPERFORMANCEMEASURETheGRANTEE,byitssignature,certifiesthatprojectfundingfromsourcesotherthanthoseprovidedbythiscontractandidentifiedabovehasbeenreviewedandapprovedbytheGRANTEE’sgoverningbodyorboardofdirectors,asapplicable,andhaseitherbeenexpendedforeligibleProjectexpenses,oriscommittedinwritingandavailableandwillremaincommittedandavailablesolelyandspecificallyforcarryingoutthepurposesofthisProjectasdescribedinelsewhereinthiscontract,asofthedateandyearwrittenbelow.TheGRANTEEshallmaintainrecordssufficienttoevidencethatithasexpendedorhasaccesstothefundsneededtocompletetheProject,andshallmakesuchrecordsavailableforCOMMERCE’Sreviewuponreasonablerequest.GRANTEETITLEDATEAGENDA ITEM # 9. a)
AttachmentDCertificationofthePaymentandReportingofPrevailingWagesCERTIFICATIONPERFORMANCEMEASURETheGRANTEE,byitssignature,certifiesthatallcontractorsandsubcontractorsperformingworkontheProjectshallcomplywithprevailingwagelawssetforthinChapter39.12RCW,asofJanuary19,2018,includingbutnotlimitedtothefilingoftheStatementofIntenttoPayPrevailingWages”and“AffidavitofWagesPaid”asrequiredbyRCW39.12.040.TheGRANTEEshallmaintainrecordssufficienttoevidencecompliancewithChapter39.12RCW,andshallmakesuchrecordsavailableforCOMMERCE’Sreviewuponrequest.IfanystatefundsareusedbytheGRANTEEforthepurposeofconstruction,applicableStatePrevailingWagesmustbepaid.TheGRANTEE,byitssignature,certifiesthatthedeclarationsetforthabovehasbeenreviewedandapprovedbytheGRANTEE’sgoverningbodyasofthedateandyearwrittenbelow.GRANTEETITLEDATEAGENDA ITEM # 9. a)
AttachmentECertificationofIntenttoEntertheLeadershipinEnergyandEnvironmentalDesign(LEED)CertificationProcessCERTIFICATIONPERFORMANCEMEASURETheGRANTEE,byitssignature,certifiesthatitwillenterintotheLeadershipinEnergyandEnvironmentalDesigncertificationprocess,asstipulatedinRCW39.35D,asapplicabletotheProjectfundedbythiscontract.TheGRANTEEshall,uponreceiptofLEEDcertificationbytheUnitedStatesGreenBuildingCouncil,providedocumentationofsuchcertificationtoCOMMERCE.TheGRANTEE,byitssignature,certifiesthatthedeclarationsetforthabovehasbeenreviewedandapprovedbytheGRANTEE’sgoverningbodyorboardofdirectors,asapplicable,asofthedateandyearwrittenbelow.GRANTEE‘,—VTITLE‘DATEAGENDA ITEM # 9. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTIONS 4‐5‐060.A.2 AND 4‐5‐070.C.3 OF THE RENTON MUNICIPAL CODE,
BY UPDATING THE CONSTRUCTION ADMINISTRATIVE CODE TO APPLY TO THE
2017 NATIONAL ELECTRICAL CODE, UPDATING THE REFERENCE TO THE
NATIONAL ELECTRICAL CODE IN THE FIRE CODE TO BE CONSISTENT WITH THE
CONSTRUCTION ADMINISTRATIVE CODE, AND PROVIDING FOR SEVERABILITY
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the 2017 version of the National Electrical Code was published in 2016; and
WHEREAS, it is necessary to update the City’s Construction Administrative Code to apply
to the most recent version of the National Electrical Code; and
WHEREAS, it is also necessary to update the reference to the National Electrical Code to
be consistent with the Construction Administrative Code;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4‐5‐060.A.2 of the Renton Municipal Code is amended as
follows:
2. 101.2 Scope. The provisions of this Construction Administrative Code shall
apply to building, plumbing, and mechanical permits and the following “Construction
Codes”:
a. 2015 International Building Code – WAC 51‐50;
b. 2015 International Residential Code – WAC 51‐51;
c. 2015 International Mechanical Code – WAC 51‐52;
d. 2015 National Fuel Gas Code (ANSI Z223.1/NFPA 54) – WAC 51‐52;
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
2
e. 2014 Liquefied Petroleum Gas Code (NFPA 58) – WAC 51‐52;
f. 2015 Uniform Plumbing Code – WAC 51‐56 and 51‐57;
g. 2014 2017 National Electrical Code (NFPA 70);
h. 2015 International Property Maintenance Code;
i. 2015 International Existing Building Code – WAC 51‐50‐48000; and
j. 2015 International Swimming Pool and Spa Code – WAC 51‐50‐3109 and
WAC 51‐51‐0329.
SECTION II. Subsection 4‐5‐070.C.3 of the Renton Municipal Code is amended as
follows:
3. Subsection 102.7, Referenced codes and standards, of the
International Fire Code, 2015 Edition, is hereby amended to read as follows:
102.7 Referenced codes and standards. The codes and standards
referenced in this code shall be those that are listed in Chapter 80, except the
phrase “Electrical Code adopted by the City of Renton” shall be substituted for all
references to the NFPA 70‐14 National Electrical Code (NFPA 70). Such codes and
standards shall be considered part of the requirements of this code to the
prescribed extent of each such reference and as further regulated in Sections
102.7.1 and 102.7.2.
SECTION III. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
3
SECTION IV. This ordinance shall be in full force and effect thirty (30) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2018.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2018.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2020:7/19/18:scr
AGENDA ITEM # 9. a)