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HomeMy WebLinkAboutFinal Agenda PacketCITY OF enton 0 AGENDA City Council Regular Meeting 7:00 PM - Monday, January 7, 2019 Council Chambers, 7th Floor, City Hall —1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION a) Human Trafficking Awareness Month -January 2019 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENTS • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed five minutes. • When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of December 10, 2018. Council Concur b) AB - 2300 Mayor Law reappoints the following individuals to the Renton Airport Advisory Committee: Donald Woo, move from Talbot Hill Neighborhood alternate position to Airport -At -Large alternate position for an unexpired term expiring on 5/7/2020; and Melody Kroeger, move from Renton Hill/Monterey Neighborhood alternate position to Renton Hill/Monterey Neighborhood primary position for an unexpired term expiring on 5/7/2021. Council Concur c) AB - 2301 Mayor Law appoints the following individuals to the Renton Airport Advisory Committee: Sarah Saguil, Talbot Hill Neighborhood alternate position for an unexpired term expiring on 5/7/2020; James Young, Airport -At -Large alternate position for an unexpired term expiring on 5/7/2019; and Robert Spitzer, Aircraft Owners & Pilots Association primary position for an unexpired term expiring on 5/7/2021. Refer to Transportation (Aviation) Committee d) AB - 2287 City Clerk submits 10% Notice of Intention to Commence Annexation Proceedings petition for the proposed Bill Annexation and recommends a Public Meeting with the Initiator be set for January 14, 2019; 7.5 acres located at the eastern portion of City limits, bordered by parcel lines to the north, Toledo Ave SE to the east, a parcel line in proximity of SE 139th PI (if extended) to the south, and 152nd Ave SE to the west (Petitioner: P. Chambers, File No. A-18-002). Council Concur; Set Public Meeting on 1/14/2019 e) AB - 2295 Community & Economic Development Department requests approval of the 2019 Lodging Tax Fund allocations as recommended by the Lodging Tax Advisory Committee. Refer to Committee of the Whole f) AB - 2286 Community Services Department recommends approval of the Agreement for Certified Arborist Inspector Services for 2019, Davey Resource Group, Inc., in the amount of $139,360 for tree maintenance and related services. Refer to Finance Committee g) AB - 2268 Community Services Department recommends approval of a Professional Services Agreement, with MIG, Inc., in an amount not to exceed $206,993, for services related to updating the City's Parks, Recreation, and Natural Areas Plan. Refer to Finance Committee h) AB - 2282 Community Services Department submits CAG-16-174, with Sunset Air, Inc., Senior Center DES/ESCO lighting and obsolete kitchen equipment replacement project; and recommends approval of the project and authorization to release retainage in the amount of $9,030.14 after all required releases are obtained. Council Concur i) AB - 2284 Community Services Department recommends increasing a Recreation Specialist position from 0.50 FTE (Full -Time Equivalent) to .75 FTE which will allow the Recreation Division to serve more youth through the Athletics program. Refer to Finance Committee j) AB - 2290 Community Services Department recommends approval of two Youth and Amateur Sports - Get Active/Stay Active grants, with King County, in order to accept $55,000 and another $20,000 in grant funds to support increased athletic opportunities through the construction of a multi -use recreation facility commonly referred to as the Family First Community Center. Refer to Finance Committee k) AB - 2296 Transportation Systems Division recommends approval of Addendum 10-18 to LAG-001-87, with Boeing Employees Flying Association, to increase the amount of leased square footage by 24,067, resulting in an increase of revenue in the amount $18,531.59 per year. Refer to Transportation (Aviation) Committee AB - 2297 Transportation Systems Division recommends approval to execute a new 30- year lease (LAG-19-001) with Rainier Flight Service, Inc. for parcels 800 and 820 at the Renton Municipal Airport, and approval to terminate existing Rainier Flight Service, Inc. leases LAG-14-005 and LAG-15-005 effective 5/31/2019. The new lease will generate up to $156,117.60 annually, which is an increase of $3,508.51 annually over the current leases. Refer to Transportation (Aviation) Committee m) AB - 2289 Transportation Systems Division recommends approval of the State of Washington Transportation Improvement Board Fuel Tax Grant Agreement, accepting $500,000 in grant funds for the Duvall Ave NE Roadway Improvements Project (NE 9th St to NE 10th St). Refer to Finance Committee n) AB - 2291 Utility Systems Division recommends approval of an agreement with KPG, Inc., in the amount of $424,451, for the design services and water improvements for the NE 16th St. - Jefferson Ave NE Stormwater Green Connections project. Refer to Utilities Committee o) AB - 2292 Utility Systems Division recommends approval of the Water Quality Grant Agreement WQSWPC-2016-Renton-00058, with the Department of Ecology, to accept $250,000 in grant funds for the SE 172nd St and 125th Ave SE Green Stormwater Infrastructure Design project. Refer to Utilities Committee p) AB - 2293 Utility Systems Division submits CAG-17-108, with DPK, Inc., and recommends acceptance of the project and authorization to release the retainage bond after 60 days, once all required releases have been obtained. Council Concur q) AB - 2285 Utility Systems Division recommends approval of an agreement with Louis Berger U.S., Inc., in the amount of $111,600 for engineering design services for the Heather Downs Detention Pond Water Quality Retrofit project. Refer to Utilities Committee 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Community Services Committee: Municipal Arts Commission Appointments (Wise & Burroughs) b) Finance Committee: Vouchers c) Transportation/Aviation Committee: Airport Master Plan Preferred Airside Alternative 8. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 9. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:30 p.m. - 7th Floor - Conferencing Center Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/counciImeetings AGENDA ITEM #3. a) jDenis Law Mayor _-_ Proclamation Whereas, human trafficking occurs when someone uses force, fraud, or coercion to cause another person to engage in forced labor, involuntary servitude, or a commercial sex act; and Whereas, human trafficking is second only to narcotics trafficking in international crime; and Whereas, the International Labor Organization estimates that there are upwards of 20 million victims of modern day slavery worldwide, with children making up 27 percent of the victims; and Whereas, victims of human trafficking may be young, old, male, female, US citizens, or foreign nationals; and Whereas, aggressively identifying and prosecuting the buyers and sellers of trafficking victims is an effective strategy to end the commission of human trafficking; and Whereas, assisting victims of human trafficking requires a coordinated community response among community groups, social services, schools, and law enforcement; and Whereas, Washington State recognizes a National Day of Human Trafficking Awareness, which is designated annually as January 11th; Now, therefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim January 2019 to be ffuman 7raffickingAwareness �I4ontFc in the City of Renton, and I encourage all citizens to raise awareness about human trafficking and work collaboratively with law enforcement agencies and community organizations to combat this terrible crime. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 7th day of January, 2019. Denis Law, Mayor City of Renton, Washington Renton City Hall, 7th Floor 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov AGENDA ITEM #6. a) enton O MINUTES City Council Regular Meeting 7:00 PM - Monday, December 10, 2018 Council Chambers, 7th Floor, City Hall — 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Pro Tempore Prince called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Ed Prince, Mayor Pro Tempore Randy Corman Ryan Mclrvin Armondo Pavone Don Persson, Council President Pro Tempore Carol Ann Witschi Councilmembers Absent: Ruth Perez MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL EXCUSE ABSENT COUNCILMEMBER RUTH PEREZ. CARRIED. ADMINISTRATIVE STAFF PRESENT Robert Harrison, Chief Administrative Officer Shane Moloney, City Attorney Jason Seth, City Clerk Ellen Bradley-Mak, Human Resources / Risk Management Administrator Chip Vincent, Community & Economic Development Administrator Gregg Zimmerman, Public Works Administrator Jan Hawn, Administrative Services Administrator Jennifer Henning, Planning Director Jeff Minisci, Facilities Director Cliff Long, Economic Development Director Commander Tracy Wilkinson, Police Department December 10, 2018 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #6. a) 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: Inclement Weather Response Reminder: The Public Works Department would like to remind residents to help the City prevent local residential street flooding by monitoring catch basins near your home and keeping them clear of leaves and other debris. Street sweepers are dispatched daily to clean up debris along major arterials. Also, snow is not far away. Please remember that during snow and ice events, the department sanders and snow plows are dispatched to keep major arterials drivable. Visit the City website to view snow route maps. It is imperative that motorists do not park or abandon their vehicles within any portion of the traffic lanes. Abandoned vehicles impair snow and ice removal and impact response of emergency vehicles. Start your new year off right with an icy dip into Lake Washington. Join us at Gene Coulon Memorial Beach Park for the Polar Bear Plunge, Tuesday, January 1st at 11:00 a.m. For more information, visit the City website. The Renton Senior Activity Center will host a free Newcomers Hour on December 20th at 10:00 a.m. Meet the staff and learn about all of the available programs and activities, including recreational, social, health, educational, and nutritional services. More information can be found on the City website. Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS • Nancy McKinnon, Kirkland, expressed opposition to the fee structure in the proposed Ordinance #5913 - Residential Rental Program. • William Shadbolt, Mercer Island, representing the Rental Housing Association, expressed opposition to the fee structure in the proposed Ordinance #5913 - Residential Rental Program. He suggested that the fee structure was unconstitutional and overly burdensome. Discussion ensued regarding any potential fiscal impact delaying the adoption of this ordinance might cause the City. It was determined that there would be no fiscal or budgetary impact caused by a delay in voting on this ordinance. • Lee Wimberly, Renton, expressed appreciation to City officials and staff for extending REACH'S (Renton Ecumenical Association of Churches) use of the old Chamber of Commerce building for its Meal Coalition until the end of next March. • Hamid Fakharzadeh, Seattle, expressed opposition to the fee structure in the proposed Ordinance #5913 - Residential Rental Program. • Heather Price, unknown, representing the Rental Housing Association expressed opposition to the fee structure in the proposed Ordinance 5913 - Residential Property Program, and suggested it was unconstitutional. She did, however, express support for the complaint -driven enforcement mechanism as drafted in the proposed ordinance. December 10, 2018 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #6. a) • Mary Ryan, Renton, expressed opposition to the fee structure in the proposed Ordinance #5913 - Residential Rental Program. Councilmember Corman clarified that the fee is $150 per rental property owner per year, not per rental unit owned by an individual or business per year. • Star Kavanaugh, unknown, noted that making rental property owners pay an extra $150 per year means her tenant will now have to pay an extra $12.50 per month in rent because she will be passing the fee on to them. She asked Council to reconsider the implementation of the fee. Additionally, Councilmember Corman requested City Clerk Seth read two letters into the record expressing opposition to staff's recommendation to Council to approve the Renton Municipal Airport Preferred Airside Alternative #5. The first letter was signed by Warren Hendrickson, NW Mountain Regional Manager for the Aircraft Owners and Pilots Association, Stephen Ratzlaff, President of the Washington Seaplane Pilots Association, and Marleen Mandt, Chair of the Renton Airport Advisory Committee. The second letter was signed by Marleen Mandt. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of 12/3/2018. Council Concur. b) AB - 2278 Mayor Law appointed the following individuals to the Planning Commission: Mara Fiksdal for an unexpired term expiring on 1/31/2019; Shannon Matson for an unexpired term expiring on 6/30/2019; and Robert Reeder for an unexpired term expiring on 1/31/2020. Council Concur. c) AB - 2275 Community Services Department recommended approval of the Agreement for Architectural Services, with Mackenzie Architects, in an amount not to exceed $192,000, for architectural services for the City of Renton Police Training Center and City Attorney Office project. Council Concur. d) AB - 2276 Community Services Department recommended approval of the Washington State Department of Enterprise Services (DES) Energy Savings Performance Contracting (ESPC), also known as the DES/ESCO agreement, for the City Hall HVAC Replacement project, in the amount of $1,986,031. Worked will be performed by McKinstry Co., LLC. Council Concur. e) AB - 2281 Executive Department recommended approval of Amendment #2 to CAG-15-187, between the City and Cayce & Grove, in the amount of $40,322 a month with the option to increase to an additional $280 per case (an increase of $5 per case), for extending the public defense services contract. Council Concur. f) AB - 2279 Police Department recommended approval a Memorandum of Understanding (MOU) between the cities of Renton, Kent, and Auburn regarding participation in the Alive & Free violence reduction program administered through the Seattle YMCA. City's cost is $60,000 per year. Council Concur. g) AB - 2273 Police Department requested authorization to hire a lateral police officer at Step E of salary grade pc60, effective upon the officer's hiring date. Council Concur. December 10, 2018 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #6. a) h) AB - 2274 Utility Systems Division recommended approval of a sole source agreement with Ferguson Enterprises, Inc., in the amount of $363,172.50 plus applicable sales tax, for information technology upgrades and technical support services for the City's Sensus Flexnet Automated Metering Infrastructure system. Council Concur. MOVED BY PERSSON, SECONDED BY WITSCHI, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. UNFINISHED BUSINESS a) Committee of the Whole Council President Prince presented a report concurring in the staff recommendation to approve the updates to the following Council policies: 800-01— Council President and President Pro Tempore 800-02 — Meetings of the City Council 800-03 —Agenda Order of Business and Approval of Council Meeting Minutes 800-04 — Council Correspondence 800-05 — Committees of the Council 800-06 — Rules of Debate, Decorum, Voting Requirements and Procedures 800-07 — Legislative Ordinances and Resolutions 800-08 — Lobbying by a Councilmember 800-09 — City Council Requests for Staff Assistance 800-10 — Filling Council Vacancies 800-11 —Council Email 800-13 — Remote Attendance at Council Meetings The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee Chair Persson presented a report concurring in the staff recommendation to approve the following payments: 1. Accounts Payable — total payment of $4,562,567.58 for vouchers 112618, 370074- 370076, 370092-370353; payroll benefit withholding vouchers 5935-5944, 370077- 370091; and two wire transfers. 2. Payroll —total payment of $1,458,275.06 for payroll vouchers which includes 695 direct deposits and 9 checks (November 01-15, 2018 pay period). 1. 3. Municipal Court — total payment of $6,706.82 for vouchers 017328-017348. MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Finance Committee Chair Persson presented a report concurring in the staff recommendation to approve the Agreement for Performance of Conservation Services for the King Conservation District Tree Canopy Assessment Grant Project in the amount of $6,000, with no direct expense to the City. MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. December 10, 2018 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #6. a) d) Finance Committee Chair Persson presented a report concurring in the staff recommendation to approve Landscape Maintenance Contract Amendment #7 for a three year extension, 2019 through 2021, to the Agreement for Services, CAG-16-078, in the amount of $417,429.10 per year between the City of Renton and Canber Corporation. MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. e) Finance Committee Chair Persson presented a report concurring in the staff recommendation to approve the 2019 Symetra Excess Loss Agreement, in the amount of $413,720, which protects the city from unforeseen high -dollar medical claims. The premium for excess loss coverage is a 2.33% decrease compared to current rates. The individual deductible stop loss amount will continue to be $250,000, which provides coverage to the plan for high -dollar claims that exceed that amount. MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. f) Transportation Committee Chair Corman remarked that the Committee was again holding the Committee Report for the Renton Municipal Airport Master Plan Preferred Airside Alternative recommendation in order to give stakeholder's more time to review the staff memo that explains the reason staff recommended Alternative #5. Mr. Corman encouraged stakeholders to review the memo and submit comments to Council as soon as possible to lessen any potential impacts a delay in the vote on this issue might cause. g) Utilities Committee Chair Witschi presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to execute the agreement with Murraysmith, Inc. in the amount of $479,337 for professional services during construction of the Kennydale 320-Pressure Zone Reservoir. MOVED BY WITSCHI, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Resolutions: a) Resolution No. 4362: A resolution was read authorizing the Mayor and City Clerk to enter into an agreement with the Cities of Auburn and Kent for the purpose of planning, funding, and implementing a joint funding program entitled the "Valley Cities Association," for the YMCA of Greater Seattle Alive & Free Program. MOVED BY PERSSON, SECONDED BY WITSCHI, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. b) Resolution No. 4363: A resolution was read amending Council Policies 800-01 through 800- 11 and 800-13. MOVED BY PERSSON, SECONDED BY WITSCHI, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. December 10, 2018 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #6. a) Ordinances for first reading and advancement to second and final reading: c) Ordinance No. 5916: An ordinance was read amending Section 4-8-120 of the Renton Municipal Code, amending submittal requirements specific to application type, and providing for severability and establishing an effective date. MOVED BY MCIRVIN, SECONDED BY WITSCHI, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Following a second and final reading, it was MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. d) Ordinance No. 5917: An ordinance was read amending subsections 4-1-230.C, 4-2-060.1, 4-2- 080.A.40, 4-2-080.A.79, 4-2-110.13, 4-2-120.C.22, 4-4-070.H.6, 4-4-070.P.3, 4-4-100.C.6, 4-4- 100. E.S. E, 4-5-130. B.4, 4-7-090. B. 4-7-090. E.3, 4-7-090. F.S, 4-8-100.1.3, 4-9-150. D.2. E.1 I, 4-9- 150.E.3, 4-9-150.G, 4-9-150.K, 4-9-200.B.2.A, 4-9-200.C.2.B, 4-9-240.J, 4-10-060.D, and 4-10- 060.1-1, and the definitions of "Clear Vision Area" in section 4-11-030, "Retail, Big Box' and "Retail Sales" in section 4-11-180, deleting the definition of "Big Box Retail" in section 4-11- 020, adding a definition of "Wholesale Retail" to section 4-11-230, and amending section 8-7- 4 of the Renton Municipal Code, codifying administrative code interpretations from January 5, 2018 to October 5, 2018, and providing for severability and establishing an effective date. MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Following a second and final reading, it was MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. e) Ordinance No. 5918: An ordinance was read authorizing the 2019 Property Tax Levy increase as previously contemplated by Ordinance 5897. MOVED BY PERSSON, SECONDED BY WITSCHI, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Following a second and final reading, it was MOVED BY PERSSON, SECONDED BY WITSCHI, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinances for second and final reading: f) Ordinance No. 5886: An ordinance was read repealing and replacing Chapter 6-3 of the Renton Municipal Code, amending Alarm System Regulations, and providing for severability and establishing an effective date. MOVED BY PAVONE, SECONDED BY PERSSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. g) Ordinance No. 5902: An ordinance was read amending Subsections 4-8-110.F and 4-9-070.R of the Renton Municipal Code, by allowing the City Council to render a quasi-judicial appeal decision affirming the underlying decision without substantive review, eliminating a hearing examiner appeal when the hearing examiner is the underlying decision maker, specifying appeal paths for procedural and substantive environmental appeals, and providing for severability and establishing an effective date. December 10, 2018 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #6. a) MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. h) Ordinance No. 5903: An ordinance was read amending sections 9-11-2, 9-11-5, and 9-11-7 of the Renton Municipal Code, by defining the term honorary street name, establishing procedures for the assignment of honorary street names, and providing for severability and establishing an effective date. (D-144) MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. i) Ordinance No. 5904: An ordinance was read amending Chapter 4-4 of the Renton Municipal Code, by adding Section 4-4-055, short-term rentals, regulating short-term rentals of a dwelling unit or portion thereof, and providing for severability and establishing an effective date.(D-145) MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. j) Ordinance No. 5905: An ordinance was read amending "Ground Level Details" in subsection 4-3-100.E.5 and adding Commercial Sign Regulations regarding buildings located in the CD Zone to Subsection 4-4-100.1-1.4.13 of the Renton Municipal Code, regarding downtown window transparency, and providing for severability and establishing an effective date. (D- 146) MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. k) Ordinance No. 5906: An ordinance was read amending Subsection 4-9-250.B.1 of the Renton Municipal Code, by adding development standards from which commercial and industrial land uses can be granted a variance, providing for severability, and establishing an effective date. (D-147) MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. 1) Ordinance No. 5907: An ordinance was read amending Subsections 4-1-045.F.2, 4-6-010.C, 4- 6-060.D, 4-6-060.J.3, 4-6-080.K, 4-7-020.A, 4-7-020.D, 4-7-050.13, 4-7-050.C.6, 4-7-050.D.7, 4- 7-060.E.3, 4-7-060.F, 4-7-060.G, 4-7-060.H, 4-7-070.A, 4-7-070.H.1, 4-7-070.J, 4-7-0701, 4-7- 070.M, 4-7-070.0, 4-7-080.E, 4-7-080.J, 4-7-0801, 4-7-110.C, 4-7-130.A, 4-7-200.E, AND 4-9- 060.C, Sections 4-7-140 AND 4-7-190, and the definitions of "Final Plat Plan" in Subsection 4- 8-120.D.6, "Lot Line Adjustment Map" in Subsection 4-8-120.D.12, and "Short Plat or Binding Site Plan Map, Final" in Subsection 4-8-120.D.19, of the Renton Municipal Code, streamlining, clarifying, and updating short plat and formal plat processes, and providing for severability and establishing an effective date. (D-148) MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. m) Ordinance No. 5908: An ordinance was read amending Subsections 4-2-060.1, 4-2-080.A.23, 4- 9-240.D, 4-8-240.K.2, and the definition of "Mobile Food Vending" in Section 4-11-130 of the Renton Municipal Code, and Repealing Subsection 4-2-060.13 of the Renton Municipal Code, regarding Mobile Food Vendors, and providing for severability and establishing an effective date.(D-149) December 10, 2018 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #6. a) MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. n) Ordinance No. 5909: An ordinance was read amending Subsections 4-4-080.F.8 and 4-4- 080.F.10 of the Renton Municipal Code, amending Parking Standards, and providing for severability and establishing an effective date. (D-151) MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. o) Ordinance No. 5910: An ordinance was read amending Subsection 4-2-060.G, adding a definition of "Private Club, Fraternal Organization" to Section 4-11-160, and amending the definitions of "Services, Off -Site", "Services, On -Site", and "Service and Social Organizations" in Section 4-11-190 of the Renton Municipal Code, amending regulations related to Service and Social Organizations, and providing for severability and establishing an effective date. (D- 152) MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. p) Ordinance No. 5911: An ordinance was read amending Section 4-1-220 of the Renton Municipal Code, by extending and modifying the Multi -Family Housing Property Tax Exemption, and providing for severability and establishing an effective date. (D-154) MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. q) Ordinance No. 5912: An ordinance was read amending Subsections 4-1-210.A, 4-1-210.13, and 4-1-210.0 of the Renton Municipal Code, by extending and modifying the waiver of certain development and mitigation fees, and providing for severability and establishing an effective date.(D-154) MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. r) Ordinance No. 5913: An ordinance was read amending Subsection 5-5-3.A of the Renton Municipal Code and adding Section 4-5-125 to the Renton Municipal Code to create a Residential Rental Registration and Inspection Program, and providing for severability and establishing an effective date. MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL HOLD THIS ORDINANCE AND DEFER TAKING ANY ACTION UNTIL THE 1/14/2019 COUNCIL MEETING IN ORDER TO REVIEW CONCERNS EXPRESSED BY MEMBERS OF THE AUDIENCE AT TONIGHT'S COUNCIL MEETING. CARRIED. s) Ordinance No. 5914: An ordinance was read changing the Zoning Classification of four parcels (7227801315, 7227801290, 7227801295, 7227801300) within the City of Renton from Residential Fourteen Dwelling Units per acre (R-14) to Center Village (CV) (CPA 2018-M-01). MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. December 10, 2018 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #6. a) t) Ordinance No. 5915: An ordinance was read adopting the 2018 amendments to the City's 2015 Comprehensive Plan, Maps, and Data in conjunction therewith. MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. EXECUTIVE SESSION & ADJOURNMENT MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL RECESS INTO EXECUTIVE SESSION FOR APPROXIMATELY 20 MINUTES TO DISCUSS LABOR NEGOTIATIONS - RCW 42.30.140(4)(B), AND THEN FOR APPROXIMATELY 30 MINUTES TO DISCUSS SALE OF REAL ESTATE - RCW 42.30.110(1)(C), WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. TIME: 8:16 P.M. Executive Session was conducted and no action was taken. The Council meeting adjourned when the executive session adjourned. Time: 9:00 P.M. Jason A. Seth, CIVIC, City Clerk Jason Seth, Recorder Monday, December 10, 2018 December 10, 2018 REGULAR COUNCIL MEETING MINUTES Council Committee Meeting Calendar AGENDA ITEM #6. a) December 10, 2018 December 10, 2018 Monday Immediately Executive Session, Chair Prince - Council Conference Room Following 1 . Collective Bargaining - RCW 42.30.140(4)(B) - 20 minutes and then Council Meeting 2. Sale of Real Estate - RCW 42.30.1 10(1)(C) - 30 minutes December 17, 2018 Monday NO MEETINGS COUNCIL HOLIDAY December 24 & 25, 2018 Monday & Tuesday CITY OFFICES CHRISTMAS HOLIDAY CLOSED January 7, 2019 Monday 4:00 PM Finance Committee, Chair Pavone, Council Conference Room 1. Vouchers 2. Emerging Issues in Finance CANCELLED Transportation Committee, Chair Mclrvin 5:00 PM Community Services Committee, Chair Witschi - Council Conference Room 1. Municipal Arts Commission Appointments 2. Emerging Issues in Community Services 5:30 PM Committee of the Whole, Chair Persson - Conferencing Center 1. 2019 Council Goal Setting 2. Emerging Issues AGENDA ITEM #6. b) AB - 2300 C[TY OF -----wwwo�Renton u0"I" SUBJECT/TITLE: Reappointments to Renton Airport Advisory Committee RECOMMENDED ACTION: Council Concur DEPARTMENT: Executive Department STAFF CONTACT: April Alexander, Executive Assistant EXT.: 6520 None Mayor Law reappoints the following who are currently serving on the Renton Airport Advisory Committee: Mr. Donald Woo, move from Talbot Hill Neighborhood alternate position to Airport -At -Large alternate position (which is currently vacant) for an unexpired term expiring 5/7/20. Ms. Melody Kroeger, move from Renton Hill/Monterey alternate position to Renton Hill/Monterey Neighborhood primary position (which is currently vacant) for an unexpired term expiring 5/7/21. A. Recommendation Memo Confirm the reappointments of Mr. Woo and Ms. Kroeger to new positions on the Renton Airport Advisory Committee. DATE: TO: FROM: STAFF CONTACT: SUBJECT: PUBLIC WORKS DEPARTMENT M E M O R A N D U M December 21, 2018 AGEN DEC 212010 Denis Law, Mayor CITY OF RENTON MAYOR'$ OFFIC�F_ . Gregg Zimmermaln folic Works Administrator Harry Barrett Jr., Airport Manager, ext. 7477 Recommendation to Move Members of the Renton Airport Advisory Committee to Other Positions Donald Woo was appointed to the Renton Airport Advisory Committee (RAAC) in the Talbot Hill neighborhood alternate position on November 5, 2018. We have since discovered that with his aviation background, he would be a better fit in the Airport -at - Large alternate position. The Member -at -Large alternate position has a term expiring May 7, 2020. This opens the position for Sarah Saguil to be appointed to the Talbot Hill neighborhood alternate position. A recommendation to appoint Ms. Saguil has been sent via a separate memo. Melody Kroeger was appointed in 2014 to the Renton Hill/Monterey alternative position. The primary position, previously held by David Basco, is vacant. We are recommending that Melody Kroeger be moved to the primary position. The Renton Hill/Monterey primary position has a term expiring May 7, 2021. cc: Robert Harrison, Chief Administrative Officer Harry BarrettJr., Airport Manager April Alexander, Executive Secretary Susan Campbell -Rehr, Administrative Secretary I #6. b) H:\File Sys\AIR - Airport, Transportation Services Division\01 Administration\02 Committees\Airport Advisory\RAAC - Membership\1- Appointments\2018\Sarah Saguil - RAAC Appointment 2018.docx AGENDA ITEM #6. c) AB - 2301 C[TY OF -----wwwo�Renton uOl"' SUBJECT/TITLE: Appointments to Renton Airport Advisory Committee (RAAC) RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Executive Department STAFF CONTACT: April Alexander, Executive Assistant EXT.: 6520 None Mayor Law appoints the following to the Renton Airport Advisory Committee: Ms. Sarah Saguil, Talbot Hill Neighborhood Alternate position, for an unexpired term expiring 5/7/20 Mr. James Young, Airport -At -Large Alternate position, for an unexpired term expiring 5/7/19 Mr. Robert Spitzer, Aircraft Owners & Pilots Association Primary position, for an unexpired term expiring 5/7/21 A. Recommendation Memo B. Sarah Saguil application C. James Young application D. Robert Spitzer application Confirm Mayor Law's appointments of Ms. Saguil, Mr. Young and Mr. Spitzer. to the Renton Airport Advisory Committee. AGEN PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: December 21, 2018 DEC 212010 CITY OF REfVTOi1! TO: Denis Law, Mayo �/ FFTO c FROM: Gregg'. , Public Works Administrator, ext. 7311 CC: Harry Barrett Jr, Airport Manager, ext. 7477 SUBJECT: Recommendations for Appointments to the Renton Airport Advisory Committee The Renton Airport Advisory Committee (RAAC) currently has two alternate vacancies in the W-at-Large position, a primary vacancy in the Airport Owners and Operators position, and an alternative vacancy in the Talbot Hill neighborhood position. Following an application process, including interviews by the Airport Manager and Committee Chair, I recommend the following applicants by appointed to the RAAC based on specific criteria the individual meets for the recommended position: Sarah Saguil Position Recommendation: Talbot Hill Neighborhood Alternate Term Expiration Date: May 7, 2020 The Talbot Hill position requires that it be held by a resident of the Talbot Hill neighborhood and has shown an interest in serving on the RAAC. Ms. Saguil is being recommended for this position based on her experience with business, accounting and promoting small business interests. We recommend she be appointed to the Talbot Hill neighborhood alternate position with a term expiring May 7, 2020. James Young �& Position Recommendation: ft"&-at-Large Alternate Term )jpira ion Date: May 7, 2019 The at -Large position requires that it be held by an individual with an aviation background. Mr. Young is being recommended for this position based on his experience in the aviation industry with Seaplane Scenics and as a certified flight instructor. We recommend he be appointed to the AAA -at -Large alternate position with a term expiring May 7, 2019. #6. c) AGENDA ITEM #6. c) Denis Law, Mayor Page 2 of 3 December 21, 2018 Robert Spitzer Position Recommendation: Aircraft Owners & Pilots Association Term Expiration Date: May 7, 2021 The Aircraft Owners and Pilots Association position requires that it be held by a member of the Aircraft Owners and Pilots Association (AOPA) organization. Mr. Spitzer is current AOPA member and has experience as an aviation attorney and a private pilot. We recommend he be appointed to the Aircraft Owners and Pilots Association primary position with a term expiring May 7, 2021. The Renton Airport continues to accept applications for the Renton Airport Advisory Committee. cc: Robert Harrison, Chief Administrative Officer Jim Seitz, Transportation System Director April Alexander, Executive Assistant Susan Campbell -Rehr, Administrative Secretary I H:\File Sys\AIR - Airport, Transportation Services Division\01 Administration\02 Committees\Airport Advisory\RAAC - Membership\1- Appointments\Various 2018 appointments.docx AGENDA ITEM #6. c) Hannah L. Miller From: April Alexander Sent: Tuesday, September 11, 2018 8:13 AM To: Hannah L Miller Subject: FW: Application for Boards/Commissions/Committees 2018-09-10 09:03 PM(PST) Submission Notification From: notification@civiclive.com [mailto:notification@civiclive.com] Sent: Monday, September 10, 2018 9:03 PM To: April Alexander <analexander@Rentonwa.gov> Subject: Application for Boards/Commissions/Committees 2018-09-10 09:03 PM(PST) Submission Notification Application for Boards/Commissions/Committees 2018-09-10 09:03 PM(PST) was submitted by Guest on 9/11/2018 12:03:04 AM (GMT-08:00) Canada/Pacific Name Value Airport Advisory Committee* Airport Advisory Committee* Civil Service Commission* Civil Service Commission* Community Plan Advisory Board - Benson Hill Community Plan Advisory Board - City Center Community Plan Advisory Board - City Center Historical/Museum Board* Housing Authority* Human Services Advisory Committee* Library Advisory Board* Library Advisory Board* Municipal Arts Commission* Municipal Arts Commission* Parks Commission* Planning Commission* Planning Commission* Senior Citizens Advisory Committee* Sister City Committee - Cuautla Sister City Committee - Nishiwaki Gender Ms. Name Sarah Saguil Addres Emai Phone AltPhone: Resident Yes ResidentSince 2015 formerresidence Bellevue EducationBackground AAS Accounting OccupationalBackground 20 years accounting experience floiLA AGENDA ITEM #6. c) Employer• CommunityActivities New Life Church Tukwila Shop with a Cop events My Fathers House, Portland (monthly volunteer 3 years) Reasonforapplying We love living in Renton and I want to get involved. Day Meetings Day Meetings Night Meetings Night Meetings To view this form submission online, please follow the link below: https:llrentonwa.eovlformlone.aspx?obiectld=14011814&contextId=9212967&retu rnto=submissions AGENDA ITEM #6. c) Hannah L Miller From: April Alexander Sent: Friday, September 21, 2018 9:00 AM To: Hannah L Miller Subject: FW: Application for Boards/Commissions/Committees 2018-09-20 05:33 PM(PST) Submission Notification From: notification@civiclive.com [mailto:notification@civiclive.comj Sent: Thursday, September 20, 2018 5:34 PM To: April Alexander <analexander@Rentonwa.gov> Subject: Application for Boards/Commissions/Committees 2018-09-20 05:33 PM(PST) Submission Notification Application for Boards/Commissions/Committees 2018-09-20 05:33 PM(PST) was submitted by Guest on 9/20/2018 8:33:37 PM (GMT-08:00) Canada/Pacific Name Value Airport Advisory Committee* Airport Advisory Committee* Civil Service Commission* Community Plan Advisory Board - Benson Hill Community Plan Advisory Board - City Center Historical/Museum Board* Housing Authority* Human Services Advisory Committee* Library Advisory Board* Municipal Arts Commission* Parks Commission* Planning Commission* Senior Citizens Advisory Committee* Sister City Committee - Cuautla Sister City Committee - Nishiwaki Gender Mr. Name James Young Address: Ema' Phone A1tPhone:f11�9 Resident Yes ResidentSince July 2018 formerresidence Seattle EducationBackground SeattlPeperdine University: leusiness and Economics 8 South e Community Welding program 1992 AGENDA ITEM #6. c) Commercial Pilot program at Cliff Howard aviation on Boeing Field 1987 to 1990 Seaplane Scenics manager and chief pilot: Pilot for 33 years OccupationalBackground in the Seattle/ Renton area. FAA certified flight instructor, Charter pilot and Scenic tour operator. Member of AOPA (aircraft owner and pilots association), CommunityActivities WSPA (Washington seaplane pilots association), SPA (Nation seaplane pilots association), Alaska Airmans Association, National Association of Flight Instructors Further the success of one the most unique airports in the country. Renton has 737 production, flight schools, private Reasonforapplying FBO jet traffic and with all this an active Seaplane base (Willy Post) with 135 charter seaplane, Scenics tours and flight instruction operations. Day Meetings Day Meetings Night Meetings Night Meetings To view this form submission online, please follow the link below: https:Hrentonwa. o�,lform/one.asnx?ob-iectId=14187239&contextId =9212967&returnto=submissions AGENDA ITEM #6. c) Hannah L Miller From: April Alexander Sent: Tuesday, October 16, 2018 3:31 PM To: Hannah L Miller Subject: FW: Application for Boards/Commissions/Committees 2018-10-16 02:38 PM(PST) Submission Notification His address isn't Renton, but there are two Airport -At -Large positions that are vacant that Harry/RAAC might feel he's qualified for ... april From: notification@civiclive.com [mailto:notification@civiclive.com] Sent: Tuesday, October 16, 2018 2:39 PM To: April Alexander <analexander@Rentonwa.gov> Subject: Application for Boards/Commissions/Committees 2018-10-16 02:38 PM(PST) Submission Notification Application for Boards/Commissions/Committees 2018-10-16 02:38 PM(PST) was submitted by Guest on 10/16/2018 5:38:34 PM (GMT-08:00) Canada/Pacific Name Value Airport Advisory Committee* Airport Advisory Committee* Civil Service Commission* Community Plan Advisory Board - Benson Hill Community Plan Advisory Board - City Center Historical/Museum Board* Housing Authority* Human Services Advisory Committee* Library Advisory Board* Municipal Arts Commission* Parks Commission* Planning Commission* Senior Citizens Advisory Committee* Sister City Committee - Cuautla Sister City Committee - Nishiwaki Gender Mr. Name Robert Spitzer Address. Emailaa#iiipL Phon A1tPhone: Resident Yes ResidentSince Not a Renton Resident formerresidence AGENDA ITEM #6. c) EducationBackground B.A. Math, Haverford College J.D. Law, Cardozo Law School Former FAA attorney, currently self employed as an OccupationalBackground aviation attorney. Commercial floatplane, helicopter, and airplane pilot Employer: Board Member, Washington Seaplane Pilots Association CommunityActivities Vice President, King County Bar Association Aviation Section Reasonforapplying Applying for AOPA-Primary Vacancy Day Meetings Day Meetings Night Meetings Night Meetings To view this form submission online, please follow the link below: https:Hrentonwa.gov/form/one.aspx?obiectld=14537341 &contextId=9212967&returnto=submissions AGENDA ITEM #6. d) AB - 2287 CITY OF —mwov�Renton u00"' SUBJECT/TITLE: Proposed Annexation: 10% Notice of Intention to Commence Annexation Proceedings; Bill Annexation; File No. A-18-002 RECOMMENDED ACTION: Council Concur; Set Public Meeting on 01/14/2019 DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 N/A A 10% Notice of Intention to Commence Annexation Proceedings petition for the proposed Bill Annexation was submitted by Paula D. Chambers on November 27, 2018. The Department of Community and Economic Development has verified the sufficiency of the petition and now requests a public meeting with the initiator be set on January 14, 2019. The proposed 7.5 acre site abuts the City at its eastern City limits. State law requires a public meeting with the petitioner be held within 60 days of their submittal, to consider the request. A. Issue Paper B. 10% Petition C. Vicinity Map D. Fiscal Impact Analysis Accept the 10% Notice of Intention to Commence Annexation Proceedings petition and authorize circulation of a 60% Direct Petition. AGENDA ITEM #6. d) DEPARTMENT OF COMMUNITY r ��Cityof AND ECONOMIC DEVELOPMENT� M E M O R A N D U M DATE: January 7, 2019 TO: Don Persson, Council President City Councilmembers VIA: Denis Law, Mayor FROM: Chip Vincent, Administrator Department of Community & Economic Development STAFF CONTACT: Angie Mathias, x6576 SUBJECT: Proposed Bill Annexation —10% Notice of Intent Petition ISSUE: The City is in receipt of a 10% Notice of Intent petition to annex a 7.5-acre area using the direct petition method; the proposed annexation is called the Bill Annexation. State law requires that the Council hold a public meeting with the annexation proponents within 60 days of receipt of a 10% Notice of Intent petition. The purpose of the meeting is for Council to decide whether to accept or reject the proposal and whether to require the simultaneous adoption of City zoning consistent with the Comprehensive Plan, if the proposed annexation is successful. RECOMMENDATION: Based on the following analysis, the Administration recommends that Council accept the 10% Notice of Intent petition. If Council concurs, the Administration recommends that it take the following actions (pursuant to RCW 35A.14.120): • Accept the 10% Notice of Intent to Commence Annexation petition; and • Authorize the circulation of a 60% Direct Petition of Annex for the 12.5-acre area; and • Require that property owners within the proposed annexation area accept their proportionate share of the City's bonded indebtedness and City of Renton zoning that is consistent with the City's Comprehensive Plan land use designation. BACKGROUND: 1. Location: The proposed 7.5-acre Bill Annexation is located at the eastern portion of the City limits. It is bordered by parcel lines to the north, Toledo Avenue SE tc the east, a parcel line in proximity of SE 1391" Place (if extended), and a 152na AGENDA ITEM #6. d) Proposed Bill Annexation 10% Notice of Intent Page 2 of 5 Ave SE to the west. The boundaries to the north and east are coterminous with existing City limits. 2. Assessed value: The 2018 assessed valuation of the subject annexation site is $2,640,000. 3. Natural features: The site is does not contain any regulated slopes. The site descends topographically towards the southwest at approximately 4% slope. There are no streams or wetlands mapped in close proximity to the area. 4. Existing land uses: There are 3 single-family residences and vacant land. 5. Existing zoning: Existing King County zoning is R-4, allowing four dwelling units per gross area. The area was pre -zoned R-4 by the City in 2007 with Ordinance #5254. The City R-4 zoning would become effective when the area annexes to the City. 6. Comprehensive Plan: Renton's Comprehensive Plan designates the subject annexation site as Residential Low Density (RLD). 7. School District: The area is in the Renton School District. Annexation does not affect school district boundaries, the school districts will not change upon annexation. 8. Public services: All responding City of Renton departments and divisions noted that the annexation represents a logical extension of their respective services and systems and presents no foreseeable problems. Specific comments follow: Water Utility. The subject site is located in Water District No. 90's water service area by agreement under the coordinated water system plan. A certificate of water availability from District 90 will be required prior to the issuance of development permits within the subject area, following annexation to the City. It is expected that developer extensions of District No. 90's water mains will be required to provide service for fire protection and domestic use within the annexation area. The proposed area will not generate need for additional City employees because it is within Water District No. 90. Wastewater Utility. The area is within the Wastewater Divisions service. The City provides service to some properties in the area. However, sewer extensions would be required for new development. Staff had no concerns regarding the proposed annexation. Parks. Improved parks are not located in the immediate vicinity. The Community Planning area has an identified deficit of two neighborhood AGENDA ITEM #6. d) Proposed Bill Annexation 10% Notice of Intent Page 3 of 5 parks and one community park. Staff did not indicate any concerns regarding the proposed annexation. Police. The Police Department did not indicate any concerns regarding this proposed annexation. It is estimated that the area will generate an additional 3 calls for service at current development and 23 annually if fully developed. Fire. Renton Fire Authority currently provides fire and emergency services to the area. Staff did not indicate any concerns regarding this proposed annexation. Surface Water. The area is located in the Orting Hills sub -basin of the Lower Cedar River drainage basin.. Future development will be required to comply with the City's Surface Water Design Manual. The flow control standard to be applied to new construction in this area is Flow Control Duration matching Forested Site Conditions to reduce the increase in peak rates and volume of runoff resulting from new development. Public storm systems are located in 152nd Ave SE that may be able to serve the site. These are 330 If. of 12" corrugated metal pipe, 45 ft. of 8" corrugated metal pipe, 186 ft. of 12" polyethylene pipe, and 4-Type 1 catch basins that would be maintained and operated by the Surface Water Utility. The King County Drainage Complaint maps and inventory show that there have been no drainage complaints related to the property within the annexation area. Currently, the annexation area contains approximately 520 feet of right-of-way with public Storm water infrastructure. These public drainage facilities should be conveyed to the City of Renton upon annexation. The future development of the site may result in the construction of public storm systems that would need to be maintained and operated by the City, which would result in a minor additional cost and staff resource need once fully developed. Staff noted that existing drainage in the area is in poor condition and needs to be cleaned. Staff indicated the annexation is a logical extension of their services. Transportation Systems. The area does not present any unique or significant problems for the division. 1541h Ave SE that abuts the site has 60-foot Right of Way (ROW) width that is not open to through traffic, but provides non - paved access from the north to two properties (13810 and 13815) within the area. Since it is not paved it has no amenities like street lighting. 152nd Ave SE within the site is a residential access street with a 22-foot wide paved roadway within a 60-foot ROW, but the roadway and ROW end at the north limits of the annexation area. This roadway is paved with rolled curb on the west side only and there is no street lighting. The energy costs associated with new street lighting and costs associated with maintenance of existing and new pavement will be incurred, but should not be a financial burden. AGENDA ITEM #6. d) Proposed Bill Annexation 10% Notice of Intent Page 4 of 5 Transportation Systems staff have no concerns regarding the proposed annexation. Building. The Building section did not indicate any concerns regarding the proposed annexation. Planning. The Planning section did not indicate any concerns regarding the proposed annexation. ANALYSIS OF THE PROPOSED ANNEXATION: 1. Consistency with the Comprehensive Plan: Renton's Comprehensive Plan annexation policies support this proposed annexation. The subject site is within the City's Potential Annexation Area and is within an area where urban densities can be supported. Policy L-8 states that the City should "support annexation where infrastructure and services allow for urban densities and it would consolidate service providers and/or facilitate the efficient delivery of services." 2. Consistency with the Boundary Review Board Objectives: (from RCW 36.93.180) a. Preservation of natural neighborhoods and communities; The proposed annexation would cause no disruption to the larger community. b. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours, The subject site uses physical boundaries. c. Creation and preservation of logical service areas, Water and sewer service boundaries will not change as a result of this annexation. The Bill Annexation area is in in the Renton School District. The school district boundaries will not change, the area will remain in the same district. Renton will take over police service for the 7.5-acres upon annexation; the King County Sheriff's Department currently provides police protection to the area. Renton Fire Authority currently provides services to the area that will not change with annexation. d. Prevention of abnormally irregular boundaries; This annexation does not have irregular boundaries. AGENDA ITEM #6. d) Proposed Bill Annexation 10% Notice of Intent Page 5 of 5 e. Discouragement of multiple incorporations of small cities and encouragement of incorporations of cities in excess of ten thousand population in heavily populated urban areas; Not applicable. No incorporations are proposed in this area. f. Dissolution of inactive special purpose districts; Not applicable. There are no inactive special purpose districts here. g. Adjustment of impractical boundaries; Not applicable. h. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; King County has designated this area for urban development because of its location within the Urban Growth Boundary. The County has also indicated that it wants to divest itself from providing urban services to these unincorporated urban areas by turning them over to cities as quickly as possible. Because the subject annexation site is within Renton's PAA and not in an area under consideration for incorporation, annexation is appropriate at this time. i. Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. Not applicable. No portions of the proposed annexation are rural or designated for long-term productive agricultural use in the King County or Renton Comprehensive Plans. 3. A fiscal analysis for the proposed annexation is attached. The fiscal impact analysis that is used for annexations considers most costs on a per capita basis. The fiscal analysis indicates that the proposed annexation would have a net positive fiscal impact of $2,222.01 to the operating budget per year. Over a 10- year period and with additional construction of single-family homes, it is estimated that the fiscal impact would be $18,838.64 per year for the operating budget. For the capital and enterprise funds, the annexation represents a balance of positive $629.17 currently and in ten years will be $1,401.33. The proposed Bill Annexation is consistent with relevant County and City annexation policies, as well as Boundary Review Board objectives for annexation. The staff that reviewed the proposed annexation for each department did not identify any major impediments to the provision of City services to the area or indicate that they feel the annexation is untimely. AGENDA ITEM #6. d) NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEEDINGS UNDER RCW 35A.14.120 (Direct Petition Method) (10% PETITION — BILL ANNEXATION) TO: THE CITY COUNCIL OF THE CITY OF RENTON City Hall, c/o City Clerk 1055 South Grady Way Renton, WA 98057 CITY OF RENTON NOV 2 7 2018 RECEIVED CITY CLERK'S OFFICE SUBMITTED BY: Paula D. Chambers ADDRESS: 2217 239th Place NE Sammamish, WA 98074 PHONE: vmee.. 426-892 c�-6600x2:76 Cell: 206-234-1538 The undersigned are property owners in the proposed annexation area who represent not less than ten percent (10%) of the area's estimated assessed value who desire to annex to the City of Renton. We hereby advise the City Council of the City of Renton that it is our desire to commence annexation proceedings under the provisions of RCW 35A.14.120, of all or any part of the area described below. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of this petition. The City Council is requested to set a date not later than sixty days after the filing of this request for a public meeting with the undersigned. 1. At such meeting, the City Council will decide whether the City will accept, reject or geographically modify the proposed annexation; 2. The City Council will decide whether to require simultaneous adoption of a proposed zoning regulation; and 3. The City Council will decide whether to require the assumption of a proportional share of existing city indebtedness by the area to be annexed. This page is the first of a group of pages containing identical text material. It is intended by the signers that such multiple pages of the Notice of Intention be presented and considered as one Notice of Intention. It may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. Bill Annexation Petition AGENDA ITEM #6. d) Bill Annexation Legal Description That portion of the North Half of the Southwest Quarter of Section 14, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington described as follows: Lot 3 and the north half of Lot 4 of Cedar River Five Acre Tracts, according to Volume 016 of Plats, page 052; Together with the 60 feet wide strip adjacent and contiguous to the west lines of said Lot 3 and the north half of said Lot 4 known as 152"d Avenue SE. tirancn :wL&,user :AVLl u,Ommeni: Jianon w :jL4iv AGENDA ITEM #6. d) -u 1D 1q (o 3yo I)tIS. .. LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS COMMITMENT IS SITUATED IN THE STATE OF WASHINGTON, COUNTY OF KING AND IS DESCRIBED AS FOLLOWS: THE NORTH 110 FEET OF THE EAST HALF OF LOT 3, BLOCK 1, CEDAR RIVER FIVE -ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 16 OF PLATS, PAGE 52, RECORDS OF KING COUNTY, WASHINGTON; AND THE WEST HALF OF SAID LOT 3; EXCEPT THE SOUTH 110 FEET THEREOF. ALSO KNOWN AS LAT A OF RECORDED KING COUNTY LOT LINE ADJUSTMENT NO. 8908008, RECORDED UNDER KING COUNTY RECORDING NO. 9003261152, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. i AA O O c-� O O I J TOTAL F.n I :t k� W KING,WA Page 2 of 2 Printed on 11/26/2018 3:24:17 PM Document: DED WAR 1990.03301056 tsrancn : wL&,user :fiuLf l,Ommeni: warion la :JL41V AGENDA ITEM #6. d) 20050315001840.001 AFTER RECORDING MAIL TO: Robert Fattore Deborah Fattore 13810 —152nd Ave. S.E. Renton, WA 98059 STATUTORY WARRANTY DEED Escrow No. 20050039 (� Title Order No. 1155640 THE GRANTOR, Morris R. Levack, a married man, as his separate estate, for and in consideration of Ten dollars and other good and valuable consideration in hand paid, conveys and warrants to Robert Fattore and Deborah Fattore, husband and wife, the following described real estate, situated in the County of King, State of Washington: The South 110 Feet of the East Half of Lot 3, Block 1, Cedar River Five -Acre Tracts, according to the Plat thereof, recorded in Volume 16 of Plats, page 52, in King County, Washington. Assessor's Property Tax Parcel/Account Number(s): 146340-0017-01. SUBJECT TO: MATTERS DISCLOSED BY SURVEY RECORDED UNDER RECORDING NUMBER 9101119001, AS FOLLOWS: LOCATION OF PENCE ALONG THk WESTERLY BOUNDARY OF SAID PREMISES Dated: d� M rris�' E2107967 03/13/2001y 14:12 KING ct�ssti,sg6.40 STATE OF Washington STAXALE f69,000.00 PpGE001 OF 003 ) ss. COUNTY OF King I certify that I know or have satisfactory evidence that Morris R. Levack is the persou(s) who appeared before me, and said person(s) acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument. Dated: Jzg&5- n l Q� � b1AR4ARETEMARfi18 1 /l�nlnei,T /A �1.,iir sMTe(WVW 1pTpn Notary Public (p and for the State of Washington residing at Seattle / iMt N1Mt�pN E>r b gq My Commission Expires: Q( 2I KING,WA Page 1 of 1 Printed on 11/26/2018 3:23:29 PM Document: DED WAR 2005.0315001840 tsrancn : wL&,user :AVLl Lomment: atatlon w :JL41N AGENDA ITEM #6. d) AFTER RECORDING RETURN TO: Mr. and Mrs. Levack 13815 154`� Ave SE Renton WA 98059 Document Title: Grantor: Grantee: Legal Description: Tax Parcel No.: The Grantor, Morris Roy Levack E2603901 05/07/2013 11:09 KTNAZ COUNTY, LW TAX SALE $0.00 QUIT CLAIM DEED PAGE-001 OF 001 Quit Claim Deed Levack, Morris Roy Levack, Morris Roy Levack, Verna Marie The east half of Lot 3, Block 1, Cedar River Five Acre Tracts, according to plat recorded in Volume 16 of plats, page 52, in King County, Washington EXCEPT the south 110 feet thereof and except the north 110 feet thereof 146340-0016 For and in consideration of love and affection In hand paid conveys and warrants unto Morris Roy Levack and Verna Marie Levack, husband and wife, as joint tenants with right of survivorship The following described real estate, situated in the County of King, State of Washington: The east half of Lot 3, Block 1, Cedar River Five Acre Tracts, according to plat recorded in Volume 16 of plats, page 52, in King County, Washington EXCEPT the south 110 feet thereof and except the north 1 10 feet thereof King County Tax Parcel Number: 146340-0016 DATED this AR97_day of �%� 1 2013. KING,WA Pagel of 2 Printed on 11/26/2018 3:22:11 PM Document: DED QCL 2013.0507001241 Bill Annexation Vicinity Map L Proposed Annexation Boundary City Limits Parcels AGENDA ITEM #6. d) NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEEDINGS UNDER RCW 35A.14.120 (Direct Petition Method) (10% PETITION — BILL ANNEXATION) TO: THE CITY COUNCIL OF THE CITY OF RENTON City Hall, c/o City Clerk 1055 South Grady Way Renton, WA 98057 SUBMITTED BY: ADDRESS: PHONE: The undersigned are property owners in the proposed annexation area who represent not less than ten percent (10%) of the area's estimated assessed value who desire to annex to the City of Renton. We hereby advise the City Council of the City of Renton that it is our desire to commence annexation proceedings under the provisions of RCW 35A.14.120, of all or any part of the area described below. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of this petition. The City Council is requested to set a date not later than sixty days after the filing of this request for a public meeting with the undersigned. 1. At such meeting, the City Council will decide whether the City will accept, reject or geographically modify the proposed annexation; 2. The City Council will decide whether to require simultaneous adoption of a proposed zoning regulation; and 3. The City Council will decide whether to require the assumption of a proportional share of existing city indebtedness by the area to be annexed. This page is the first of a group of pages containing identical text material. It is intended by the signers that such multiple pages of the Notice of Intention be presented and considered as one Notice of Intention. it may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. Bill Annexation Petition Bill Annexation AGENDA ITEM #6. d) WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking to annex when he or she is not the owner of record of property within the annexation area, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the name that appears on record in the title to the real estate.) t�►i �w ' Prams Sin�sre �rtc!' WnO1r of ' M it r r�ss i3 �ript cart," $,,, Ass n; Val ii Artiext�irr lsied Rcr of Ptapert�ir� of 1��, 1. --------------------------------------- 2. --------------------------------------- 3. --------------------------------------- 4. --------------------------------------- 5. --------------------------------------- 6. --------------------------------------- 7. --------------------------------------- 8. --------------------------------------- 9. --------------------------------------- 10 --------------------------------------- AGENDA ITEM #6. d) 1 IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON COUNTY OF KING IN RE THE ESTATE OF NO: 18-4-05866-7 KNT RUTH BILL LETTERS TESTAMENTARY DECEASED (LTRTS) The last will of the above named decedent was duly exhibited, proven and filed on OCTOBER 8, 2018. It appears in and by said will that: PAULA D. CHAMBERS is named Executor(s) and by order of this court is authorized to execute said will according to law. WITNESS my hand and seal of said Court: October ., o:R�oF C" c • ` �—�.� Kim can ��• ' • NOT OFFICIAL WITHOUT SEAL • Y� ti��' GF '• • SHING�O� MINER 1 Superior Court Clerk Deputy Clerk I, BARBARA MINER, Clerk of the Superior Court of the State of Washington, for King County, do hereby certify that this copy is a true and perfect transcript of said original as it appears on file and of record in my office and of the whole thereof. IN TESTIMONY WHEREOF, I have of iifs Seatof j'd1S�uperior Court at my office, at Seattle on this date II 11 \; Q�pIV \0" fcou �i, BARBA ER, Superior�ourt Clerk B Deputy Clerk • 1. 4 �ASHI04 RCW 11.28.140; 11.28.280 SCONHS code: LTRTS revised: 05/17 Bill Annexation AGENDA ITEM #6. d) WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking to annex when he or she is not the owner of record of property within the annexation area, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the name that appears on record in the title to the real estate.) iax xt l�rga! Nc+. Pr�r^s Ire Sigt►ature 46ci . 1�ij ll e » Snrn �f p er a i r� I ss s ed value Ftrec Elf Prc► 1, of �rter of 'rt p rtyr tu+r. w ► aa�±. inAntnexatita►►rt 01h�4 Area �G,(4 jnL�oO� Estate of Ruth Bill #1463400021 $655,000 1. ------ -------- 2217 2391h Place NE 13818 152 Ave SE 3.02 Acres Paula Chambers, Personal Sammamish, WA 98074 Legal attached. 131,551 sq. ft. Representative Robert & Deborah Fattore #1463400015 $1,318,000 2. --------------------------------------- 13810 152 Ave SE, Renton Legal attached. 2.27 Acres 98,881 sq. ft. Robert & Deborah Fattore #1463400017 $196,000 3. --------------------------------------- 13810 152 Ave SE, Renton Legal attached. .75 Acre 32,670 sq. ft. Morris & Verna Levack #1463400016 $471,000 4. --------------------------------------- 13815 154 Ave SE, Renton Legal attached. .77 Acre 33,561 sq. ft. 5. --------------------------------------- 6. --------------------------------------- 7. --------------------------------------- 8. --------------------------------------- 9. --------------------------------------- 10 --------------------------------------- AGENDA ITEM #6. d) y CITY OF RENTON City Clerk Division + + 1055 South Grady Way Renton, WA 98057 425-430-6510 0 Cash EJ Copy Fee ®Check No. I M El Appeal Fee i Description: Funds Received From: Name , f, 1 f11 ) J:� Address -3 ILI City/Zip I�IX 6-j 4 Receipt Date El Notary Service El Amount'$ 5 1 11 City St Zff Sagn! tore it Community and Economic Development Map Location Bill Annexation Technical Services ; ',Meroe� Newcastle e Vicinity Map p ,i 131and ,aft,_ -1 �n9 W<4/E ,County` Proposed Annexation Boundary WA s _ City Limits 4 0 75 150 300 Tukwila FeetParcels e 1:2,400 AGENDA ITEM #6. d) -o m o >�^ m M d c �in� fo 01 m C bb C 00 -;T -4 00 'CT 00 00 N O `� n NN Ln Ln N � O r\ O M 7 t -! 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N C m G! to N c O0 tw C 0 u° X N N M M w Y Z W} O H co ti p O o0 00 t'0 * lD n '-I M N O 'm•1 cn V O N m r, c-I Lc ,n v cn o 1. m m V M Ln 14 Ln 0o ^ Q N � m O 4 0! � cn t6 ^ r' p o g ry 3 v rn 14 14 m* v H m a .i N to H N al o N to o 00 C 00 1� � > > >. NNNN f0 N NNN k Y CO NN 'y M c � N H � °- cn c gLn m n^ LL rr �a°m' O. kD `n L°-i m� e m 0o0•AH� o ^e .pr LD N "umm o LDv c� �� `m o mLO •X �mvr,4 14 14 ci �oN'�°� In •x N In LO m E W H N w NUTN N E N N NNN� w NN �-I NN N In 1 N NN •'1 G In O O m anr, v1 lD ^ 0 zm O i N mr-+N lD 01 m V cn o I� m0 ry �o m 1 V v N lD 00 m u r4 rl r U'1 m 1n V N .4 N Q al cn m m 0 00 l0 N O C N n m N u1 a •x N N 14 r-100 N N N N — N N N N N N N N N u a a N N w c m 3 3 Y m m Y N O O` N C v Y mm u u m V cEcc !02 c c vao ' •• • _ CVOO O lW O' yU- O C. O O ' - Y m N NCa 7 m 7> N m 7 m 7 ` m 7 m 7 m J m O m '� V Q O W O w V1 V1 V1 ___N _A �_ w w w w m w N ai lO m O O. v n O. v E O. O. G G 7 CL C ` O O O O O '� � ry ry ry C L V a a C C CLtea°a° Ea°a- a°0°a m YY u, 3 c o=— a LL LL u u u C O m 0 Z u v c Q Q a w> OV a v v In v > ai OO c In v In ai o v In Y c N — m E v o In VI C C a v — a o v=i c E c p u Z p c .E c u_ u 00 Z Y o F- m a g aEi C E o c° O. w F° :u 1° c Y C m X S+ v Vf O U m a v V1 a/ Ln , Y m Z Y v ,Y,I >� 1n m u >T In v m Q 7 LL w t w > C C aD 0a v ? w d In C U O O E W E c pp O p p m y u O S is C md t > v 00 v�j O 0 Q. fY1 ry Il'I N m x u m a O n c - a`) cu u cu E v a H F O In v E o c O 0 LL O u O u 1 ai C Ly mu v u 4 m In —_ In in Y L m Y O. 0)C > 7 C 7 C 7 C 0a w 7 a1 Q u : E E Q E ?� v tz E u c u E E EL u al X O O v O m O v O c a w u u a U a a i a U ii x O tV al Oa m a In C 3 EL 0 LU W I m �o x a m u a) c oo N m P. N tt V N u Lnp n in m I'm N Ln p' N Cl' m I cu MA N LO L rl A W C OD = O0 = awl X w Y I } u W W ll } m p 3 'a � c > � oa c c '^ 0 ca M L � 3 c y 00 v1 to c ILO to ILO t�D O N �° ILO N vi c et ILO • rL m d� v� V * � y } n y } n u o ° to u °�1 v ° u n to 4` Ln c ai tka� rC cam p c m cu Y la ` ^ uil� rn W\ +j ai t 5 `X yy W cn i/L N W 00 Ln W j � Op IO Y c a% vl 0a C n x L1J 0 of u, IA 0 C 7 C > C > Y 00 •'=' �' t m v tor, '^ c c 0 V v Zv In cr1cr, M ai kd a m .N m o > > N 7 IV (V 3 00 00 I� 7 Ir d > m aCL 0 L U. L. C ° C O F. a a a c v_, m > c > c a Q w i Q Q In LAA U } LnU IYiI O u U O m m D Y _� i+ _ (D O = N torn M N In Ln L M = 0) = Cm L m 3 OJ u •+ m v �, m 3 L m m 01 u 3 W cu N ate+ IZ 4-Q = N L O = cu L O n 4- � 3 v 3 �� 3 a" f0 > +cu Ol aJ 3 t0 7 t0 3 AGENDA ITEM #6. p1) In to <a IL AGENDA ITEM #6. e) AB - 2295 C[TY OF -----wwwo�Renton uOl"' SUBJECT/TITLE: RECOMMENDED ACTION DEPARTMENT: STAFF CONTACT: EXT.: Expenditure Required: $342,500 Allocation of Lodging Tax Funding for 2019 Refer to Committee of the Whole Community & Economic Development Department Cliff Long, Economic Development Director 6591 The Lodging Tax Advisory Committee met on November 1, 2018, to approve and set a timeline for the application process. Applications were made available on November 5, 2018 and a workshop for interested applicants was held on November 9, 2018 at Renton City Hall. On November 30, 2018, 17 applications totaling $538,622 were received. The Lodging Tax Advisory Committee recommends Renton City Council approval 2019 expenditures from the Lodging Tax Fund as follows: • Renton Chamber of Commerce, Operation of Tourism Organization: $100,000 • City of Renton, Renton Community Marketing: $75,000 • International Assoc of Firefighters Local 864, 2019 Convention: $50,000 • Seattle TISI Sangam, Sangam Convention 2019: $30,000 • LTAC selected Community event sponsorships: $20,000 • Ravishing Women, Ravishing Women's Show: $15,000 • REEL Renton, Seattle Film Summit: $15,000 • City of Renton, Multicultural Festival: $10,000 • Coalition of Filipino American, Philippine Independence Day: $10,000 • NW Premier Jr. Football & Cheer, All Star weekend & Jamboree: $7,500 • City of Renton, Cruz the Loop: $5,000 • Renton Downtown Partnership, Wine Walks and Ladies Night: $5,000 Total Recommendation: $342,500 A. Issue Paper B. 2019 LTAC Applicant Summary Approve allocations for the 2019 Lodging Tax Fund as recommended by the Lodging Tax Advisory Committee and authorize the Mayor and City Clerk to execute contracts with the successful applicants to expend budgeted funds on the proposed additional marketing initiatives. AGEND DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: December 20, 2018 TO: Don Persson, Council President Members of Renton City Council CC: Denis Law, Mayor Robert Harrison, Chief Administrative Officer FROM: Cliff Long, Economic Development Director (x6591) STAFF CONTACT: Jessie Kotarski (x7271) SUBJECT: Allocation of Lodging Tax Funding for 2018 ISSUE Should money from Lodging Tax funds be allocated to applicants to support tourism marketing and operations as recommended by Renton's Lodging Tax Advisory Committee (LTAC)? RECOMMENDATION Support the recommendation of the Lodging Tax Advisory Committee to allocate $342,500 in lodging tax funding for 2019 as detailed in the attached matrix and summarized below. Additionally, staff recommends that the Mayor and City Clerk be allowed to execute contracts with the successful applicants to expend budgeted funds on the proposed additional marketing initiatives outlined below. BACKGROUND SUMMARY In accordance with RCW 67.28.1817, the City of Renton has established a Lodging Tax Advisory Committee to recommend the allocation of lodging tax funds to Renton City Council. The Committee was chaired by Councilmember Pavone and members include: • Cathy Martinez, Legacy Hospitality (Hampton) • Pina Purpero, Hyatt Regency Lake Washington at Seattle's Southport • Jon Glenn, Renton Downtown Partnership • Angela Mose, Red Lion Hotels • Preeti Shridhar, City of Renton Council "may only choose recipients from the list of candidates and recommended amounts provided by the local lodging tax advisory committee." However, Council does #6. e) AGENDA ITEM #6. e) Don Persson, Council President Page 2 of 2 December 20, 2018 not have to fund the full list as recommended by the LTAC and can choose to make awards in the recommended amounts to all, some, or none of the candidates on this list. The Lodging Tax Advisory Committee met on November 1, 2018, to approve and set a timeline for the application process and directing staff to hold a workshop for interested applicants on November 9, 2018. Applications were due on November 30, 2018, and 17 applications were received. The Committee heard presentations from all applicants on December 10 and 14, 2018, and met on again on December 18, 2018, to finalize its recommendations. The Committee has elected to establish set aside funds in the amount of $20,000 to support community events hosted by non-profit entities with limited budgets that will help support the potential growth of activities/events in the future. All sponsorship recipients will feature the Renton marketing logo and web address (visitrentonwa.com). The Lodging Tax Advisory Committee recommends Renton City Council approve 2019 expenditures from the Lodging Tax Fund as follows: • Renton Chamber of Commerce, Operation of Tourism Organization • City of Renton, Renton Community Marketing • International Assoc of Firefighters Local 864, 2019 Convention • Seattle TISI Sangam, Sangam Convention 2019 • LTAC selected Community event sponsorships • Ravishing Women, Ravishing Women's Show • REEL Renton, Seattle Film Summit • City of Renton, Multicultural Festival • Coalition of Filipino American, Philippine Independence Day • NW Premier Jr. Football & Cheer, All Star weekend & Jamboree • City of Renton, Cruz the Loop • Renton Downtown Partnership, Wine Walks and Ladies Night Total Recommendation: $100,000 $75,000 $50,000 $30,000 $20,000 $15,000 $15,000 $10,000 $10,000 $7,500 $5,000 $5,000 $342,500 These expenditures are recommended at a level less than anticipated in the 2018-2019 Renton City Budget as adopted by Council. Furthermore, they are consistent with the goals of the City's Business Plan and Economic Development Strategic Plan. Staff appreciates the thorough review given to each application by the Committee and finds their recommendations are consistent with the goals of the City's Business Plan and Economic Development Strategic Plan. Grant Applicant Date Application Contact Information Date of Event Summary of Project or Event Amount Amount LTAC notes Event Name Received Requested Recommended 1 Aerospace Machinist Joint Training 11/29/2018 Aaron Ferrell 21-Jun-19 Signing Day Ceremony in an annual state-wide celebration to $30,000 $0 Committee Youth aferrell@ajactraining.org commemorate Washington's first Youth Apprentices as they Apprenticeship Signing Day launch their career in industries including aerospace, manufacturing, automotive and healthcare. 2 City of Renton 11/30/2018 Kelly Beymer 7/6/2019 $8,500 $5,000 "Cruise the Loop" Celebration kbeymer@rentonwa.gov A one day event to celebrate the Renton Loop, a historical pasttime in the 1960s which attracted car enthusiasts to cruise 425-430-6617 through Renton. The event's central location will be Renton High 425-766-2527 (cell) School, featuring activities such as live music, historical exhibits, raffle, food & beverage vendors, and kids activities. 3 City of Renton 11/30/2018 Kelly Beymer June - September $20,000 $0 A public program facilitated by the Parks and Trails Division of the Farmers Market kbeymer@rentonwa.gov 2019 Community Services Department of the City of Renton, is 4beyme-6617 requesting $20,000 of financial support from the Lodging Tax 425-766-2527 (cell) $2,500 LTAC Advisory Committee to help fund marketing and operations. RFM sponsorship will draw more than 50,000 shoppers to Downtown Renton between June and September, providing income opportunities for local farmers, vendors and restauranteurs. 4 City of Renton 11/30/2018 Kelly Beymer June - September $20,000 $0 Holiday Lights kbeymer@rentonwa.gov 2019 Renton Holiday Lights comprises multiple holiday themed events from the end of November through New Year's Day, including 425-430-6617 official tree lighting at Piazza Park, K-9 Candy Cane Dash, Clam $2,500 LTAC 425-766-2527 (cell) Lights and Polar Bear Dip. 2019 marks the 26th annual "Clam sponsorship Lights", a stunning display of trees and shrubs professionally decorated with thousands of holiday lights not to be missed. 5 City of Renton 11/30/2018 Kelly Beymer September 13 and Organized by the City of Renton Inclusion Task Force, this 2-day $25,500 $10,000 Renton Multicultural Festival kbeymer@rentonwa.gov 14, 2019 event brings together our diverse community which residents and $5,000 LTAC 425-430-6617 visitors experience through music, performances, ethnic cuisine, sponsorship crafts, and storytelling. 6 City of Renton 11/30/2018 Sonja Mejlaender July 26-28, 2019 Renton River Days is a family -oriented community festival $35,000 $0 Renton River Days smejlaender@rentonwa.gov comprised of events and activities which celebrates the amenities, $2,500 LTAC 425-430-6514 heritage, culture, quality of life, and diversity of Renton and the sponsorship greater Renton community. 7 City of Renton 11/29/2018 Cliff Long Ongoing Having a long history of successfully promoting opportunities in $75,000 $75,000 Renton Community Marketing clong@rentonwa.gov Renton, the group is working on developing a new strategic plan to 425-430-6591 identify target markets. This new strategy will focus directly on 425-757-2649 (cell) business and visitor promotion in Renton and include information on places to stay, eat and play in Renton as well as highlight community assets. 8 Coalition of Filipino American 11/30/2018 Rolly Polintan 15-Jun-19 To hold COFAO's annual Philippine Independence anniversary in $15,000 $10,000 Organization (COFAO) rolly.filaminquirer@gmail.com Renton, WA. The event includes mainly Philippine Independence Day 253-205-1520 cultural and commemoration of how the Filipinos won its independence from various regimes. About 400 people from different parts of Washington and neighboring States will be invited. 9 International Association of 11/28/2018 Robert Hyslop June 16 - June 21, WSCFF holds a convention for the purpose of coordinating the $50,000 $50,000 Firefighters Local 864 robert.h.hyslop@gmail.com 2019 organization's business plan for the year. Elections are held, the WSCFF 2019 Convention 509-432-4190 budget is passed, and resolutions are proposed, debated and voted upon. Renton Firefighters, IAFF Local 864, entered a bid at the 2017 convention to host the WSCFF's 80th convention in 2019. 10 NW Premier Jr. Football and Cheer 11/27/2018 Clarence Presley August and Football and cheer workshops, addressing college prep, $15,000 $7,500 All Star Weekend clarencexpresley@gmail.com November 2019 leadership, and motivation. Includes a celebratory banquet for 206-375-8074 (cell) participants. 11 NW Youth Music Association 11/29/2018 Ed Petkavich 253- 7/6/2018 Drum corp summer festival to be held at Renton Stadium. NWYMA $8,622 $0 Seattle Summer Music Games 394-6605 holds events in Renton, including the DCI Viewing Party at the ed.petkavich@seattlecascades.org event center, at least 6 show planning meetings and a critique $2,500 LTAC meeting at local restaurants and the annual 3-day NYMA board sponsorship meeting at a local Renton hotel. 12 API Chaya & Ravishing Women 11/30/2018 Menka Soni 24-Nov-19 Held last year at the Hyatt, this show features the Miss, Mrs., and $20,000 $15,000 Ravishing Women's Show soni_menka@hotmail.com Miss Teen India Washington, Oregon & Albama pageant. It also 425-301-2255 includes food and non-food vendors, and entertainment. 425-418-7181 (cell) 13 reelRenton 11/29/2018 Ben Andrews November 16 and The Pacific Northwest houses a virtually undiscovered gold mine of $25,000 $15,000 Renton Film Frenzy and other events 253-861-7755 17, 2019 creatives and storytellers untapped by other markets. The reelrenton@gmail.com Summit's collective network of filmmakers and production companies provides SFS with a non -duplicated micro -targeted reach to more than 100,000 Northwest filmmakers and other digital content creators for its annual event. 14 Renton Chamber of Commerce 11/29/2018 Vicky Baxter vbaxter@gorenton.com January- December Visitor promotion of Renton via mediums such as a marketing $126,000 $100,000 Operation of Tourism Organization 425-226-4560 2019 website, toll -free phone number, buyers/destination guide, meeting planning assistance, dining guide, maps, familiarization tours, partnering with the City of Renton to attract visitors to local events, social media platforms, Visitor Center, annual Renton Visitor Center report. 15 Renton Chamber of Commerce 11/29/2018 Brian Morris September 6 - 8, A multi -day event incorporating a traditional comic convention $25,000 $0 RenCon admin@rentoncomicon.com 2019 with areas representative of Renton, including technology, fantasy 206-914-8054 (i.e. Wizards of the Coast and gaming), and science. 16 Renton Downtown Partnership 11/29/2018 Jon Glenn March 23, 2019 and The three events including two wines walks (in June and $10,000 $5,000 Wine Walks, Ladies Night, downtown RDP@gorenton.com June 7, 2019 and September) and a new event, Ladies Night (in March), designed to promotion 425-430-7271 September 27, promote shopping in the Downtown and encourage unique 2019 offerings throughout the year to highlight Downtown Renton as a vibrant destination to live, work and play. 17 Seattle TISI Sangam 11/30/2018 Bal Ram May 25, 26 and 27, Cultural sporting and education event held every and attracting $30,000 $30,000 USA Sangam Convention 2019 bal929@hotmail.com 2019 people from Australia, New Zealand, Fiji, Canada and India. 253-632-2440 Total $538,622 322,500 AB - 2286 AGENDA ITEM #6. C[TY OF -----wwwo�Renton u0"I" SUBJECT/TITLE: RECOMMENDED ACTION DEPARTMENT: STAFF CONTACT: EXT.: Agreement for Certified Arborist Inspector Services Refer to Finance Committee Community Services Department Terry Flatley, Urban Forestry and Natural Resources Manager 6601 $139,360 as budgeted in the 2019/20 Community Services Department, Parks Planning and Natural Resources Division Operating Budget. The Agreement for Certified Arborist Inspector Services with the Davey Resource Group, Inc. allows the Urban Forestry and Natural Resources Manager to focus time on contracting tree maintenance and sidewalk repair, tree planting, contract landscape maintenance and the backlog of work orders that have accumulated since 2011 due to the high demand for this service. A. Issue Paper B. PSA-Davey Arborist Inspector 2019 Recommend approval of the Agreement for Certified Arborist Inspector Services for 2019 in the amount of $139,360 between the City of Renton and Davey Resource Group, Incorporated. A GE(TEM #6. 0 COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE: January 1, 2019 TO: Don Persson, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: Kelly Beymer, Community Services Administrator STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director (x-6619) Terry Flatley, Urban Forestry and Natural Resources Manager (x-6601) SUBJECT: 2019 Consulting Certified Arborist Inspector — Contract Agreement ISSUE: Should the Council concur with the staff recommendation to enter into the 2019 Contract Agreement with Davey Resource Group, Incorporated, to provide tree inspection and other urban forestry services to the City of Renton? RECOMMENDATION: Staff recommends approval of the Professional Services Contract Agreement in the base amount of $139,360 during 2019 between the City of Renton and Davey Resource Group, Inc. of Kent, Ohio. The City has a 2019 budgeted amount of $139,360 in the 2019 Parks Planning and Natural Resources Division's, "Contracted Services" line item (001.000000.020.576.81.41.003). During 2018, Davey Resource Group, Inc. provided excellent service under the professional services agreement for citywide tree inspections. BACKGROUND SUMMARY: During 2018, the City contracted with the Davey Resource Group for a Consulting Certified Arborist Inspector to perform tree inspections. The Consultant provided tree inspection services for all City departments. Funding for this project was provided by a 50/50 contribution from both the Community Services Department in partnership with the Community and Economic Development Department (CED). However, during 2019 the Community Services Department will fund 100% of the contract. The Consulting Certified Arborist Inspector receives tree request inquiries from residents, businesses, City departments and others. Duties include inspecting trees, preparing work orders, responding to callers following inspection with recommendations, updating and recording data on the tree inventory and Tree Request Forms, closing out work orders, filing work orders, and inventorying newly planted trees in recently constructed subdivisions. Tree AGENDA ITEM #6. 0 Don Persson, Council President Members of Renton City Council Subject: 2019 Consulting Certified Arborist Inspector — Contract Agreement January 1, 2019 Page 2 of 2 inspections were performed for Code Compliance, Long and Short Range Planning, Tree Retention Regulations, Critical Areas Regulations, Landmark Tree Regulations, and Public Works tree requests. Other responsibilities included tracking Tree Request Forms, Tree Response Forms, working with maintenance management software and providing customer service, education and outreach. During 2018, over 1,340 trees (1,000 in 2017) were inspected comprised of 490 Tree Request Forms (340 work orders in 2017). Tree requests included more than 320 private tree inspections for code compliance, critical area removal requests, and landmark tree status, among other reasons. In addition, 250 newly planted trees in new developments were inventoried along streets, in parks, natural areas and at City facility locations. This agreement allows the Urban Forestry and Natural Resources Manager to focus time on contracting for tree maintenance and sidewalk repairs, tree planting, contract landscape maintenance, and the backlog of work orders that have accumulated since 2011 due to the high demand for this service. CONCLUSION: Approval of this Agreement at a cost of $139,360 will continue the Consulting Certified Arborist Inspector citywide and allow City staff to focus on other aspects of the Urban Forestry Program. The agreement with Davey Resource Group is anticipated to begin immediately and conclude at the end of December during 2019. AGENDA ITEM #6. 0 ajY nT CD + BN AGREEMENT FOR CERTIFIED ARBORIST INSPECTOR SERVICES THIS AGREEMENT, dated February 1, 2019, is by and between the City of Renton (the "City"), a Washington municipal corporation, and Davey Resource Group, Incorporated ("Consultant"), an Ohio Corporation licensed to do business in Washington. The City and the Consultant are referred to collectively in this Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide Certified Arborist Inspection Services as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the "Work." 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than December 31, 2019. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $139,360, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon AGENDA ITEM #6. 0 completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant's performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. S. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days' notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing AGENDA ITEM #6. 0 the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non-exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City's or other's adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and o� IL PAGE 3 OF 12 AGENDA ITEM #6. 0 the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant's failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate...) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant's liability shall be only to the extent of Consultant's negligence. Ar IL PAGE 4 of 12 AGENDA ITEM #6. 0 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant's waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City's Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant's performance of the Work. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cros/one.aspx?portalld=7922741&pageld=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non -owned, leased, hired or non -owned, with minimum limits of $1,000,000 per occurrence combined o� IL PAGE 5 OF 12 AGENDA ITEM #6. 0 single limit, if there will be any use of Consultant's vehicles on the City's Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City's insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. F. Subject to the City's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant's reasonable control. When such delays beyond the Consultant's reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON CONSULTANT Terry Flatley, Manager Ken Joehlin, Vice President 1055 South Grady Way 295 S. Water Street, Suite 300 Renton, WA 98057 Kent, Ohio 44240 Phone: (425) 430-6600 Phone: 330-673-5658 Tflatley@rentonwa.gov Ken.Joehlin@davey.com o� IL PAGE 6 OF 12 AGENDA ITEM #6. 0 Fax: (425) 430-6603 Fax: 330-673-0860 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant's agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement's non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. o� PAGE 7 OF 12 AGENDA ITEM #6. 0 19. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub -contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker's Compensation coverage as well as that for any persons employed by the Consultant. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City's project manager is Terry Flatley. In providing Work, Consultant shall coordinate with the City's contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant's employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. o� PAGE 8 OF 12 AGENDA ITEM #6. 0 F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant's performance of this Agreement. K. Third -Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. o� PAGE 9 OF 12 AGENDA ITEM #6. 0 N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By: Mayor Denis Law City of Renton Date Attest Jason A. Seth City Clerk Approved as to Legal Form Shane Moloney Renton City Attorney Contract Template Updated 08/22/2018 - clb (139) CONSULTANT Davey Resource Group, A Division of The Davey Tree Expert Company Ken Joehlin, Vice President The Davey Resource Group, Inc. Date AGENDA ITEM #6. 0 Exhibit A - Scope of Work City of Renton Community Services Department 2019 Certified Arborist Inspector Services Scope of Work: Provide inspection services to a diverse citizen base including City staff from different departments, the general public and outside governmental organizations, to include: • Receive communications from various sources about trees and respond back with information to resolve issues and concerns. • Complete caller information forms, inspection forms and work order forms of various kinds, including electronically. • Inspect trees on both public and private property under various terrain and weather conditions. Inspections include completing the tree inventory forms by adding new trees and modifying information on existing trees previously inventoried. • Inventory new trees or potential planting sites and existing trees not previously inventoried. Locate newer subdivisions containing new street trees using a combination of City records and meeting with City Planning staff to locate areas. • Add and/or modify tree inventory information using existing City computerized systems. Inventory trees using designated computer programs when required. • Ascertain the locations of trees within the public right-of-way and trees on private property. This includes accurate measurement of right-of-way location in relation to the tree(s). • Inspect trees using the methods found in the International Society of Arboriculture Best Management Practices Tree Risk Assessment publication. • Accurately categorize trees by public or private, species, diameter, condition rating, location rating, problem codes, treatment codes and work prioritization from emergency through routine activity. • Schedule meetings with customers when requested. • Respond to customers following inspections through work scheduling dates. This includes face to face conversations, written correspondence and email communications. Document all communications on appropriate forms. • Gather data and information to compile easily understood reports. Prepare a final summary report of progress during the final three weeks of this project. Provide monthly progress reports including days and hours worked, number of work orders inspected, and number of trees inspected, as well as other pertinent information requested by the City. • Provide a company -owned pickup truck and safety cones at all times. • Work with City -provided computers and computer programs, ipad, and ipad apps to enter data into electronic or paper formats. • Perform minor tree work from the ground using various hand and power tools common to tree work. o� PAGE 11 of 12 AGENDA ITEM #6. 0 • Supply at all times, tools such as hand pruners, pole loppers, pole saw, hand saw, machete, and personal protective equipment • Prepare lists of locations for high priority or other work. • Disclaimer of Assessment of Future Conditions. The information to be provided by Consultant is an assessment that shall be considered accurate only at the time of observation. Trees are living organisms that grow, respond to their environment, mature, decline, and fail over time. Consultant makes no representation concerning the effect over time of site distributions, environmental or internal conditions of the trees. Contractor will provide certified arborist inspection services for the City during normal business hours, except for City designated holidays. Costs: Per Paragraph 4.A.Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $139,360, plus any applicable state and local sales taxes. RATES: $67 Per hour, Per Service, Per Arborist %,4- Ik PAGE 12 OF 12 AGENDA ITEM #6. g) AB - 2268 C[TY OF -----wwwo�Renton uOl"' SUBJECT/TITLE: Professional Services Agreement for Parks, Recreation and Natural Areas Plan Update RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community Services Department STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director EXT.: 6619 Expenditure required: $206,993. Amount budgeted for: $223,737. There is sufficient budget for this project. The updated Plan will be the blueprint for the City's Parks, Recreation and Natural Areas development, improvement, acquisition, partnerships, and grant funding opportunities. Upon completion, the City will submit the Plan to the Washington State Recreation and Conservation Office for certification, and once certified, will be eligible for grant funding. A. Issue Paper B. Professional Services Agreement Staff recommends Council authorize the Mayor and City Clerk to execute the Professional Services Agreement with MIG, Inc. to complete the attached scope of services for an amount not to exceed $206,993. AGEND COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE: January 7, 2019 TO: Don Persson, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Kelly Beymer, Community Services Administrator STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director, Ext. 6619 Erica Schmitz, Capital Project Coordinator, Ext. 6614 SUBJECT: Parks, Recreation and Natural Areas Plan Update Professional Services Agreement ISSUE: Should the Council authorize the Mayor and City Clerk to execute a $206,993 Professional Services Agreement with MIG, Inc. to complete the six -year update to the Parks, Recreation and Natural Areas Plan to renew grant eligibility? RECOMMENDATION: Staff recommends Council authorize the Mayor and City Clerk to execute the Professional Services Agreement with MIG, Inc. to complete the attached scope of services for an amount not to exceed $206,993. BACKGROUND: The City updates the Parks, Recreation and Natural Areas Plan approximately every six years in order to keep abreast of the growing population and need for park facilities and services based upon demographics, trends, and participation rates. This plan is the guiding document for partnership opportunities, programming, development, acquisition, and improvements. Previous plans were completed and adopted by Council in 1978, 1984, 1993, 2003, and 2011. Adopted plans are submitted to the Washington State Recreation and Conservation Office (RCO) for certification. Included in the plan is a six -year prioritized development, improvement and acquisition implementation component. Plan documents are certified for six years if all state requirements have been met. Once certified, agencies are eligible to apply for grants administered by the State RCO for projects identified in the six -year implementation component; the City uses this plan to qualify and apply for other grant funding as well. The implementation component also contributes to City efforts, including the Parks, Trails and Community Facilities #6. g) AGENDA ITEM #6. g) Don Persson, Council President Members of the Renton City Council Page 2 of 3 January 7, 2019 Initiative, the Citizen Advisory Committee process and the 6-year Capital Improvement Program. The most recent Parks, Recreation and Natural Areas Plan was adopted by Council in November 2011 and was certified by the RCO through November 2017, at which time certification expired. The Trails and Bicycle Master Plan, which is a companion plan to the Parks, Recreation and Natural Areas Plan, was jointly completed between the Transportation Systems and Parks Planning and Natural Resources Divisions and will be considered for adoption by Council in January of 2019. Since the adoption and certification of the 2011 Parks, Recreation and Natural Areas Plan, the City has accomplished several identified projects and received approximately $2.2 million in Federal, State and Local grants and $7.3 million in state legislative direct appropriations. A sampling of the completed projects as identified in the 2011 Plan includes: — Meadow Crest Playground (Developed in conjunction with the Renton School District, (WRPA Cultural Competency -Inclusive Play Award 2015) — Sunset Park Phase One (Phase 2 currently in design) — Interlocal Agreement with Cedar River Water and Sewer District to provide water service to Ron Regis Park — Cedar River Trail Turnback — Eastside Rail Corridor rail removal (King County lead) — May Creek Trail Property Donations: 2 parcels, 6.5 acres — May Creek Trail acquisitions: 5 parcels and 1 easement, 14.7 acres — May Creek Trail extension design (funded by WSDOT) — Sam Chastain Waterfront Trail: Southport Easement (4th of 4 easements) — Tiffany/Cascade Connector acquisition: 1 parcel — May Creek Trail construction (WRPA Trail and Outdoor Access Award 2015) — Lake to Sound Trail: Interlocal Agreement for King County to construct segment along Black River Riparian Forest to the Green River Trail in Tukwila The 2020 Plan will be jointly led by the Community Services Department - Parks Planning and Natural Resources Division and the Community and Economic Development Department — Long Range Planning Section and will take approximately one year to complete once a contract has been executed. The attached Scope of Services was successfully negotiated with input from several Community Services Divisions and the Community and Economic Development Department. There will be multiple opportunities for the City and the public to participate with a variety of methods being utilized to solicit input, including an inclusive engagement strategy in partnership with the Inclusion Task Force. AGENDA ITEM #6. g) Don Persson, Council President Members of the Renton City Council Page 3 of 3 January 7, 2019 Community involvement includes three open house meetings centrally located in the City, a statistically valid random household survey, development of an interactive web site for additional public participation, two Steering Committee meetings, seven Stakeholder interviews with community businesses and organizations, four briefings of the Parks Commission and City Council at key points in the process, and two Planning Commission meetings. The Steering Committee represents the larger community and the Inclusive Engagement Strategy is anticipated to reach at least six community groups not typically engaged in City planning processes. New key elements will include a 10-minute-walk access analysis, a natural areas evaluation tool to guide the City's efforts where there is the greatest opportunity for a positive impact to the habitat and ecosystem values, and new and updated Concept Plans which provide a vision for existing park properties that community members can relate to and which have aided in successful grant applications. The scope includes an option for an ADA Transition Plan to meet accessibility requirements. Other essential elements will include an inventory and analysis of parks, recreation, facilities, and natural areas; park system standards and classification analysis; trends analysis; gap analysis; a six -year implementation plan with funding strategies; and policy language. Total consultant costs to complete the work identified in the Scope of Services are $206,993. There is currently $223,737 available in the Capital Improvement Project Parks, Recreation and Natural Areas Plan fund (316.332002.020.576.81.41.000). CONCLUSION: The updated Plan will be the blueprint for the City's Parks, Recreation and Natural Areas development, improvement, acquisition, partnerships, and grant funding opportunities. Upon completion, the City will submit the Plan to the Washington State Recreation and Conservation Office for certification, and once certified, will be eligible for grant funding. Approval of the consultant agreement with MIG, Inc. moves the City forward in completing this Plan Update. Cc: Denis Law, Mayor Robert Harrison, Chief Administrative Officer Jan Hawn, Administrative Services Administrator Jamie Thomas, Fiscal Services Director Marc Gordon, Sr. Finance Analyst Shane Moloney, City Attorney Chip Vincent, Community and Economic Development Administrator Angie Mathias, Long Range Planning Manager AGENDA ITEM #6, g) AGREEMENT FOR PARKS, RECREATION, AND NATURAL AREAS PLAN UPDATE THIS AGREEMENT, dated , is by and between the City of Renton (the "City"), a Washington municipal corporation, and MIG, Inc. ("Consultant"), a Washington Corporation. The City and the Consultant are referred to collectively in this Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide a PARKS, RECREATION, AND NATURAL AREAS PLAN UPDATE as specified in Exhibit A: Scope for Parks, Recreation and Natural Areas Plan Update, which is attached and incorporated herein and may hereinafter be referred to as the "Work." 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than February 28, 2020. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $206,993, plus any applicable state and local sales taxes. Compensation shall be paid as a flat rate fixed sum based upon Work actually performed according amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the AGENDA ITEM #6. g) name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant's performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days' notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and AGENDA ITEM #6. g) workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City's or other's adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: AGENDA ITEM #6. g) A. The Consultant is retained by the City only forth e purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant's failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate...) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant's liability shall be only to the extent of Consultant's negligence. AGENDA ITEM #6. g) It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant's waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City's Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant's performance of the Work. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cros/one.aspx?portalld=7922741&pageld=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non -owned, leased, hired or non -owned, with minimum limits of $1,000,000 per occurrence combined single AGENDA ITEM #6. g) limit, if there will be any use of Consultant's vehicles on the City's Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City's insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. F. Subject to the City's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant's reasonable control. When such delays beyond the Consultant's reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Leslie Betlach 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6619 Ibetlach@rentonwa.gov Fax: (425) 430-6603 PAGE 6 OF 10 CONSULTANT Ryan Mottau, MIG Inc. 815 SW 2nd Avenue, Suite 200 Portland, OR 97204 Phone: 503.297.1005 ryanm@migcom.com Fax: Click here to enter text. AGENDA ITEM #6. g) 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant's agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement's non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if AGENDA ITEM #6. g) Consultant employs, sub -contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker's Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City's project manager is Erica Schmitz, Capital Project Coordinator. In providing Work, Consultant shall coordinate with the City's contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant's employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the AGENDA ITEM #6. g) other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant's performance of this Agreement. K. Third -Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. PAGE 9 OF 10 AGENDA ITEM #6. g) N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By: Denis Law Mayor Date Attest Jason A. Seth City Clerk Approved as to Legal Form Shane Moloney Renton City Attorney Contract Template updated 08/22/2018 `o y a QFNraP CONSULTANT 0 Click here to enter text. MIG, Inc. Date p and CITY OF RENTON arks, recreation, natural areas plan U P D A T E �73 io Ad J I� L 1-0 Zn" v DECEMBER 3, 2018 MOG 815 SW 2ND AVENUE, #200 1 PORTLAND, OR 97204 (510) 297-1005 1 WWW.MIGCOM.COM AGENDA ITEM #6. g) CONTENTS Scope of Work i� tT:# , F. - .x Proposed Fee Z. 'U Project Schedule The MIG Team 1 10 11 13 44 `p ;� v h"4. �:� ~ � to � ►.. .i •`e.'.' t AN i I R o •'� h 'k •: wy _ c IIIUIIII��pldll lII �-� �} i i �)11',�' j))))111►II)Illdlllll�ll � � � '.�,,..'.-�, 1), }� Illllllll�lllll�llllllllll I. I I �. c,:::' )}) j))), IIII►iilj11iilVllil III, I � �,� `, i)) � ) }); �111�11111iVllli�,ial I �I` �'•,� ))}) 1))�jl ; 1111111I)lllllll III; _ .,� _�_-�-� :� � f;;•,":,��' AGENDA ITEM #6. g) 01 Scope of Work Building upon work elements of the existing award -winning Parks, Recreation, and Natural Areas Plan, we have designed a scope of work to assist the City of Renton with an update. Our scope includes the City's desired elements and incorporates advancements in the public engagement approach. The existing plan has served the City well, and structure, text, and methodologies will be the starting point for this update. Except where explicitly removed/ replaced in the update, all elements of the existing 2011 plan will be brought forward in this update. This process relies on professional facilitation of many meetings, workshops and training. For events facilitated by MIG, we will prepare an agenda and any associated materials for City staff to review and reproduce for attendees. Following the meeting a summary will be developed by MIG in a format appropriate to the formality of the meeting. Phase 1. State of the System This phase of work will develop updated content for the Existing Conditions chapter and portions of the Community Involvement chapter. The first step will focus on updating the project team and the community's understanding of what has changed since the 2011 plan was adopted. We will then design and initiate a community engagement process to include the entire community. 1.1 - PROJECT KICK-OFF MEETING The MIG team will hold up to one half -day of meetings with City staff. An initial meeting with the core project team to confirm schedule and communication protocols will be followed by a larger group discussion with relevant City staff. An agenda will be distributed ahead of the meeting with prompting questions about maximizing the usefulness of the plan update and identifying themes to be explored. A preliminary (but not exhaustive) list of themes includes: routine maintenance, major maintenance, acquiring land for future generations, building capacity, meeting present level of service needs and demands, and maintaining canopy cover. 1.2 - COMMUNITY PROFILE The MIG team will review the current demographic, socioeconomic, and cultural context of this plan identifying changes since the 2011 plan. This summary will inform the community engagement strategy as well as the Existing Conditions chapter of the updated plan. This effort will rely on data provided by the City and readily available public information. 1.3 - UPDATED INVENTORY AND BASE MAPPING Using City GIs data as provided, MIG will create an updated base map and inventory for the updated plan. City of Renton I Parks, Recreation, Open Space and Natural Resources Plan Update 1 ® SCOPE OF WORK AGENDA ITEM #6. g) 1.4 - IMPLEMENTATION REPORT CARD Drawing from the input of staff, the Community Profile, updated inventory, and MIG team knowledge, MIG will develop a concise report card of the progress made toward the 2011 plan goals and recommended projects. The Implementation Report Card will be a foundational element to this plan update and will introduce themes that will influence community engagement and analysis throughout the update. This content will be delivered as a presentation for inclusion in public and decision -maker meetings and incorporated as a summary into the Administrative Draft Plan. 1.5 - PARK COMMISSION AND CITY COUNCIL PRESENTATIONS MIG will develop a presentation for staff to deliver to the Park Commission and City Council based on the Community Profile and Implementation Report Card. This presentation will introduce the plan update process as well as the Implementation Report Card. 1.6 - INCLUSIVE COMMUNITY ENGAGEMENT STRATEGY The MIG Team will develop a strategy to enhance the City's reach to the entire community that draws on the best practices locally and is informed by the details of the Community Profile. This strategy will explain how the MIG Team will engage the community, detailing the training and inclusive activities as well as adaptations to traditional meetings and online enhancements. MIG will arrange for materials in multiple languages (budgeted based on materials and meetings in Renton's top non-English language groups, Spanish and Vietnamese). The implementation of this strategy spans all engagement tasks with special attention to the training and activity in Phase 2. The approach to this training and activity will be refined from the preliminary concept provided during scoping of this project. These tasks (2.7, 2.8 and 4.3) will be specifically designed to explore community needs and priorities with community members who are culturally and linguistically isolated. Outcomes of this strategy will include increased capacity to connect with the diverse community, specific input to enhance the cultural relevance of the updated plan and the park system. 1.7 - INCLUSION TASK FORCE MEETING #1 The MIG Team will meet with the City's Inclusion Task Force to review initial findings from the Community Profile and Implementation Report Card and present effective strategies for a more inclusive process. MIG will prepare a brief summary of recommendations and task force members interested in participating in the training and activity in Phase 2. 1.8 - COMMUNITY OPEN HOUSE MEETING #1 MIG will design and facilitate an initial input open house with the community. This open house will have a focus on the issues, ideas, and challenges, starting from the identified issues in the 2011 plan and using the map of Renton to connect existing and new ideas and issues to specific places. Summary of this input will be combined with the Online Interactive Mapping task that will serve as the online extension of the workshop. 1.9 - ONLINE INTERACTIVE MAPPING MIG will design an interactive online map exercise to expand on the initial community input at Open House Meeting #1. This map will facilitate input from community members who could not attend the open house. The interactive map will be available in three Other Parks p nw I.. Alxt m bpi. ft—w'l—I IIM �1 We A. need to Mow pak:and pl—tbot bovo prob e wwMxyou xe opportontes tl -ka W kce wdk�xo�b�k YF -k b n. d ud a n d �w>w:i°„kh°r fJewack1x kwix.e aura en, u�anvib �aelx diw 4eua ww Maharry barkrzon Memap. 2 City of Renton I Parks, Recreation, and Natural Areas Plan Update AGENDA ITEM #6. g) SCOPE OF WORK Q languages, mobile -device friendly, and simple to use. MIG has found this tool to be popular, expanding participation greatly beyond those who can attend meetings. The budgeted level of effort is based on approximately 700 participants, 5,000 points placed on the map and 2,000 open ended comments. 1.10 - PROJECT MANAGEMENT AND ADMINISTRATION MIG will coordinate the consulting team, plan resources, and set and adjust the schedule and provide invoices. The anticipated duration of this phase of work is four months. Deliverables » Project Kick-off Meeting >> Community Profile Presentation and Updates to Plan content >> Inventory and Base Map >> Implementation Report Card 2011— 2018 >> Park Commission Presentation #1 >> City Council Presentation #1 >> Inclusive Community Engagement Strategy >> Inclusion Task Force Meeting #1 >> Community Open House Meeting #1 >> Online Interactive Mapping and Open House Meeting #1 Summary Phase 2. Evolving Vision and Needs This phase of work will develop updated content to the Future of the System and Community Needs chapters and further content for the Community Involvement chapter. We will verify and adjust the direction of the park system to meet current and future needs, analyze the system with the help of internal and external experts, develop a compelling vision to capture imaginations, and engage the community. Lastly, we will supplement traditional methods with innovative, inclusive approaches to community engagement. 2.1 - STAKEHOLDER MEETINGS (7) Based on the list of stakeholders the City has identified, MIG will complete seven stakeholder meetings and summarize the input in one combined summary document. The ideas and comments generated by these interviews will be incorporated into the Community Involvement chapter of the updated plan. 2.2 - STEERING COMMITTEE MEETING #1 MIG will facilitate a meeting of a project steering committee to review input and discuss their ideas about the evolving needs of the community. (The committee will be formed by the City and invited to attend the first Community Open House Meeting). MIG will provide a summary of this meeting highlighting changes to explore in the updated plan. 2.3 - INTERNAL STAFF WORKSHOP MIG will design and facilitate a 2-hour workshop of Renton's professional parks, recreation and natural areas staff to gather their insights into the needs of both the community and public employees working to serve them. The focus of this workshop will be the identification of specific challenges to be addressed in the staffing analysis. 2.4 - STAFFING ANALYSIS Informed by the Internal Staff Workshop and documentation of current staffing levels provided by the City, MIG will analyze staffing challenges against potential alternative models, policies and practices. After identifying up to three key challenges, MIG will provide examples of alternative approaches and relevant metrics that indicate the workload of affected Renton staff. A summary memo will highlight findings that have the greatest potential to enhance the work of the department and/or contribute to the parallel Recreation Strategic Plan. City of Renton I Parks, Recreation, and Natural Areas Plan Update 3 ® SCOPE OF WORK AGENDA ITEM #6. g) 2.5 - ACCESS ANALYSIS UPDATE MIG will review the walking distance analysis completed for the 2011 plan, identifying improvements and changes to access across the system by re -running the mile (10-minute walk) and % mile service areas for parks, recreation facilities, natural areas, recreation program sites, as well as the planned density overlay used in the 2011 plan. MIG will also evaluate the ParkServe model of access developed by the Trust for Public Land for accuracy in Renton. MIG will summarize the discrepancies between these models and provide an update to the Trust for Public Land to incorporate into their annual update of the ParkServe model. A more accurate model hosted by TPL will simplify future park access analysis by staff, residents, and decision -makers. The results of the updated access analysis will include revised maps and proposed revisions to the Community Needs chapter for the updated plan. 2.6 - INTERNAL/EXTERNAL WORKSHOP MIG will design and facilitate a 2-hour workshop meeting of Renton staff, community recreation providers, and other stakeholders (such as health interests, employers, and community organizations). The specific mix of participants will be determined following initial input and designed to address identified issues in the community. This workshop is initially envisioned to focus on the role that partners can play in providing recreation services and how best to support these collaborative efforts. 2.7 — INCLUSIVE ENGAGEMENT TRAINING Tasks 2.7 and 2.8 represent a targeted effort to enhance Renton's ability to meaningfully engage with community members who are linguistically or culturally isolated and have not participated in park planning activities before. MIG will design and lead a 90-minute training of Inclusion Task Force partners on how to conduct targeted outreach, administer the toolkits and share the resulting data. 2.8 — INCLUSIVE ENGAGEMENT ACTIVITY DESIGN AND MONITORING MIG will develop an outreach toolkit to be used by trained Task Force members. Using the outreach toolkits, Task Force members will conduct two community conversations with individuals from culturally and linguistically diverse constituencies, as well as individuals who may not participate in traditional planning processes. Task Force members will be responsible for conducting outreach, facilitating and recording input from the community conversations. These sessions will last for approximately 60-minutes and will include facilitated discussion with 8-10 participants. MIG will actively monitor the progress of the Task Force partners and conduct 2 progress -check -in sessions with each partner by phone. 2.9 - COMMUNITY OPEN HOUSE MEETING #2 AND ONLINE EXTENSION The second open house will focus on visioning, introducing park improvements and recreation enhancements, and gauging interest and support in existing event offerings in Renton. The open house will utilize visual preference questions to simplify communication of potential new ideas. The online extension of this open house will replicate the activities for community members who could not attend the meeting. 4 City of Renton I Parks, Recreation, and Natural Areas Plan Update AGENDA ITEM #6. g) SCOPE OF WORK Q 2.10 - PROJECT MANAGEMENT AND ADMINISTRATION MIG will coordinate the consulting team, plan resources, and set and adjust the schedule and provide invoices. The anticipated duration of this phase of work is three months. Deliverables Stakeholder Meeting Summary Updated Access Analysis Maps, revisions to Community Needs Chapter, and ParkServe updates memo Community Open House Meeting #2 and Online Extension Summary v Internal/External Workshop Summary » Inclusive Engagement Tool kit Summary of Inclusive Engagement Activity Results Phase 3. Recommendation and Policy Development This phase of work will develop updated content to the Future of the System and Recommendations chapters and further content for the Community Involvement chapter. We will collaborate with staff to develop system -wide, policy, and park recommendations. We will then prioritize these with statistically valid input. 3.1 - SYSTEM -WIDE AND PLANNING AREA RECOMMENDATIONS MIG will update the content of the Recommendations chapter of the plan to reflect any completed projects and/or coordinated recommendations from related planning efforts, according to information provided by City staff. These recommendations will be presented as proposed revisions to the existing recommendations for review by City staff. Finalized changes will be incorporated directly into the Administrative Draft Plan. 3.2 - GOALS AND POLICY RECOMMENDATIONS MIG will develop proposed and revised policy recommendations based on the input of the community and staff. These recommendations will be presented as proposed revisions to the existing framework of vision, goals, and objectives for review by City staff. Final changes will be incorporated directly into the Administrative Draft Plan. 3.3 - PARK PROJECT RECOMMENDATIONS MIG will update the project list (Appendix C in the 2011 plan) with new or revised actions (featuring any recommendations from related planning efforts) for each existing or proposed park based on the input of the community and staff. These recommendations will be presented in list form for review by City staff, and revisions will be incorporated directly into the Administrative Draft Plan. 3.4 - NATURAL AREAS EVALUATION AND TRIAGE TOOLS MIG will develop a supplementary set of tools to identify the most important investments in Renton's natural areas based on Northwest -based best practices and Renton's specific challenges. MIG will provide a memo including the proposed tools as well as messages that emphasize the importance of specific actions and next steps for protecting the community's investment in natural resources. These tools and messaging will be incorporated into the updated plan, taking the place of the Recreation Program Evaluation Tool in Appendix B of the 2011 plan. City of Renton I Parks, Recreation, and Natural Areas Plan Update 5 ® SCOPE OF WORK AGENDA ITEM #6. g) 3.5 - COMMUNITY PRIORITY SURVEY MIG team member EMC will design and execute a statistically valid city-wide survey of Renton voters with a target of 400 interviews of 10 minutes or less. The survey will be conducted by telephone, including cell phone -only households, and interviews will be possible in at least the three most common languages spoken in Renton. The content of this survey will be determined in the recommendation development, reviewed by City Staff, and used to test the priorities of the voting public. 3.6 - PARK COMMISSION AND CITY COUNCIL PRESENTATIONS #2 MIG will develop a presentation for staff to deliver to the Park Commission and City Council featuring the results of the community engagement and analysis process to date including the results of the Community Priority Survey, Open House meetings #1 and #2, inclusive engagement, staffing analysis, access analysis, natural resource areas evaluation tool, and any significant changes to goals and policy language. 3.7 - PROJECT MANAGEMENT AND ADMINISTRATION MIG will coordinate the consulting team, plan resources, and set and adjust the schedule and provide invoices. The anticipated duration of this phase of work is two months. Deliverables » Proposed Revisions to System -wide and Planning Area, Goals and Policies, and Park Project Recommendations Summary >> Natural Areas Evaluation and Triage Tool Memo >> Survey Summary Presentation and Data Tables >> Park Commission Presentation #2 » City Council Presentation #2 Phase 4. Updated Plan This phase of work will complete the updated plan, assembling all existing and updated content. We will assemble the ideas and recommendations for staff and community review. We will then create an easy to reference and clear guidebook for the future of the parks, recreation and natural areas system. Lastly, we will create easy ways for everyone to comment on the plan. 4.1 - STEERING COMMITTEE MEETING #2 MIG will facilitate a second meeting specifically for the project steering committee (who will be invited to all open house meetings as well) to review the key changes and overall directions of the revised plan ahead of the full administrative draft, including a review of the survey results, Community Open House Meeting #2 visioning exercises, new decision tool and updated goals and policies. MIG will prepare a summary of this meeting highlighting how the committee's comments guide the drafting of the plan. 4.2 - COMMUNITY OPEN HOUSE MEETING #3 AND ONLINE EXTENSION The third and final community open house will present the survey results, a summary of the Visioning Workshop (Open House #2), a high level discussion of park types, and will include a prioritization exercise to develop the project list and cost model. The public will be provided an opportunity for input on the site concept plans. An online extension of this open house will serve as a comment form for the site concepts and an opportunity to comment on prioritization. 6 City of Renton I Parks, Recreation, and Natural Areas Plan Update AGENDA ITEM #6. g) SCOPE OF WORK Q 4.3 - PHASE 4 INCLUSIVE ENGAGEMENT ACTIVITY DESIGN AND MONITORING The MIG Team will update the toolkit provided to Inclusion Task Force partners (those trained in task 2.7) to reach out again in a similar way to Phase 2, focused on feedback on the site concept plans and prioritization exercise. MIG will actively monitor the progress of the Task Force partners and conduct 2 progress -check -in sessions with each partner by phone. 4.4 - PROJECT LIST AND COST MODEL MIG will update the assumptions in the project cost model (part of Appendix C in the 2011 plan) to include current costs, types of projects, and prioritization. This model will be sortable based on park type, planning area, and prioritization. MIG will deliver the cost model as a spreadsheet model and PDF exports for inclusion as an appendix to the plan. 4.5 - ADMINISTRATIVE DRAFT PLAN Based on the updated recommendations from the prior tasks and community input from tasks 4.2 and 4.3, MIG will prepare an Administrative Draft Plan for internal review by City staff. This draft will be provided in Word format to facilitate edits and feedback. Revisions will be incorporated into the Layout Draft Plan. City staff will provide MIG with a single set of consolidated comments on the Administrative Draft Plan. 4.6 - INCLUSION TASK FORCE MEETING #2 The MIG Team will attend a regular meeting of the Inclusion Task Force to review the Inclusive Community Engagement Strategy and initial results of engagement activities. The MIG Team will also report on the successes and ideas for future improvement in inclusive engagement. Comments and additional ideas will be summarized and incorporated into the ongoing implementation. 4.7 - PARK COMMISSION AND CITY COUNCIL PRESENTATION (#3) MIG will develop a presentation for staff to review Open House Meeting #3 results, the project list and cost model and inclusive engagement and Task Force Meeting #2 summary/outcomes. The presentation will also serve as an orientation to the plan and major recommendations. 4.8 - LAYOUT DRAFT PLAN Based on the comments from staff, MIG will prepare a graphically rich, fully laid out plan (in InDesign format). This Layout Draft will be provided to City staff for review of graphic content before release to the public. 4.9 - PUBLIC DRAFT PLAN Using comments from City staff on the Layout Draft, MIG will update and publish the Public Draft plan. This draft will be used throughout the review process to ensure that every comment is made from a consistent version of the document. The document will be delivered in PDF format sized for high -quality printing, as well as online distribution. City Staff will provide the public draft plan to Park Commission, Planning Commission and City Council. 4.10 — PLANNING COMMISSION MEETINGS (2) AND PUBLIC HEARING City of Renton staff will brief the Planning Commission and hold a formal public hearing of the Public Draft Plan as part of the SEPA process. This task will make use of presentation materials as already provided and no additional support is anticipated. 4.11 — PARK COMMISSION PRESENTATION AND RECOMMENDATION City of Renton staff will make a final presentation to the Parks Commission to secure a recommendation on Plan adoption. This task will make use of presentation materials already provided and no additional support is anticipated. City of Renton I Parks, Recreation, and Natural Areas Plan Update 7 ® SCOPE OF WORK AGENDA ITEM #6. g) 4.12 - FINAL DRAFT PLAN Incorporate the comments received from the public, stakeholders and the Planning Commission through the SEPA process and the public hearing MIG will revise the Public Draft Plan, to create a Final DRAFT Plan document for approval by City Council. 4.13 - CITY COUNCIL ADOPTION MEETING MIG will update the plan presentation and attend a City Council meeting to present the Final Daft Plan for adoption. 4.14 — FINAL PLAN MIG will make final changes to the Plan following the City Council meeting. These changes are anticipated to be minimal and not require republishing the document. 4.15 - PROJECT ADMINISTRATION AND CLOSEOUT MIG will coordinate the consulting team, plan resources, and set and adjust the schedule and provide invoices. At the end of the project, MIG will assemble an archive of relevant project files to return to the City. The anticipated duration of this phase of work is four months. Deliverables » Steering Committee Meeting #2 >> Community Open House Meeting #3 and Online Extension Summary » Phase 4 Inclusive Engagement Exercise Summary » Project List and Cost Model >> Administrative Draft Plan >> Inclusion Task Force Meeting #2 » Layout Draft Plan >> Public Draft Plan (Completed by November 30, 2019 to accommodate adoption schedule) » Park Commission Presentation #3 » Two City Council Presentations, including one (1) City Council Meeting (Adoption) attended by MIG staff » Final Draft Plan (including new Introduction and Executive Summary) » Final Plan » Project Files Phase S. Visualization and Graphics We will enhance the process and the products with attractive and easy -to -understand visuals. The set of park concept plans will be expanded to bring recommendations down to the ground level in Renton's parks. This phase of work will develop an updated look and feel for the plan, with informative graphics making it an even better reference for staff and the community. Additional concept plans will also be added to the appropriate chapter, supplementing and updating the existing set. 5.1 - PROJECT IDENTITY DEVELOPMENT MIG will design a project banner and color scheme to identify the Parks, Recreation, and Natural Areas Plan update process. This identity package will form the basis of the project website design and be incorporated into document design updates. 5.2 - INVITATION AND FLYER TEMPLATE MIG will design a half-page/online and full -page template for meeting invitations and informative flyers. These templates will be used throughout the process to assist in communications with the community. 5.3 - PARK CONCEPT PLANS (4) MIG will update and expand on the set of park concept plans in the 2011 plan, creating up to four site concepts. In addition to carrying forward the existing concept plans that are still relevant, this task will revisit and update two existing (Tiffany/Cascade Parks and May Creek Park) and two additional (Liberty Park and Tri-Park) sites. Existing concept plans will be based on existing graphics of these sites with updated 8 City of Renton I Parks, Recreation, and Natural Areas Plan Update AGENDA ITEM #6. g) SCOPE OF WORK Q information and potential direction for improvements. For the Tri-Park site, the City will provide a compiled "design brief" for the Tri-Park site with the preferred program elements, known context changes since the last master plan (e.g. will 1-405 be realigned), and a set of available environmental constraints that may impact site development, including, but not limited to, access easements, steep slopes, wetlands, sub -surface contaminants, riparian buffers and liquefaction zones. MIG's conceptual design for the park does not include geotechnical, traffic, structural, or environmental subconsultants. The Concept Plans will be reviewed in Community Open House #3, and MIG will provide one update to each of the concept plans based on public feedback. 5.4 - PLAN INFOGRAPHICS MIG will develop a set of up to five, one -page infographics to visually summarize, accent or clarify key information in the plan. 5.5 - PROJECT MANAGEMENT AND ADMINISTRATION MIG will coordinate the consulting team, plan resources, and set and adjust the schedule and provide invoices. This task is budgeted to allow for the coordination of graphic design resources at several points in the process. Deliverables » Project Identity (Banner, Letterhead) » Public Event Invitation and Flyer Template >> Four park site concept plans >> Up to five one -page infographics Phase 6. Ongoing Tasks The following are critical resources to manage and +�'' f dShcil U'. s„euro f'drk fMpa•sI6F ++OFI {#:e:P Pita: 1-IM1Inx17-0 fra= y C2­11I'vu LiuP. .,...... T�7 s61Ag. i- Y r17 i Pr.rtlr� Flr:d ' .y tyn.l $roar i P+rkllIpp ��\ PIC+k ram . hI.'*�c�"�II �Y6[akMr[II lot vLY Am, [.+rt ll.niral rl.y - S.[ I.1 eomhvv fPrLt 6.1 - CORE TEAM PROJECT CALLS MIG project management and the City project team will schedule a check -in call every other week at a standard time for the duration of the project. The purpose of this call will be to review progress, schedule, and upcoming tasks to ensure that the project stays on track. This call can also include additional MIG or City staff as necessary. The budget for this is based on the assumed 13-month project duration. 6.2 - PROJECT WEBSITE AND CONTENT UPDATES MIG will design, implement, and maintain a website to serve as the central home for the project. MIG will provide updated content to refresh the project website. This content will include in -process documents (after approval by the City), next events on the project calendar, and links to online engagement activities. If no new project content is available, MIG will propose a simple poll or "Did you know" feature that will keep the website fresh. The budget for this task is based on two updates per month for the 13-month project duration. Deliverables » Core team project calls communicate progress throughout this 16-month » Project website content updates planning process. These include internal calls, facilitated by video conferencing when not in -person, and work on the public facing project website will continue across all phases of work. City of Renton I Parks, Recreation, and Natural Areas Plan Update 9 ® SCOPE OF WORK AGENDA ITEM #6. g) Phase 7. ADA Assessment and Transition Plan 7.1 ADA ASSESSMENT AND TRANSITION PLAN (OPTIONAL) MIG specialists will assess parks and recreation facilities against the requirements of the Americans with Disabilities Act and develop the required transition plan. A specific scope and budget will be developed separately, if this optional task is selected. Estimated Project Costs Proposed Budget A key part of the collaboration between Renton and MIG is managing the resources available to complete this project. The budget summary below reflects the total amounts required for each phase as presented in our scope of work. The details of the time allocated to each staff member and strategic partner are available in the budget spreadsheet provided with this proposal. MIG is committed to working flexibly with the City to provide quality products within the available resources; we will work to refine our budget as necessary. Phase 1: State of the Park, Recreation, and Natural 207 $29,575 $0 $3,000 $32,575 Resources System Phase 2: Evolving Vision and Needs 246 $34,850 $1,500 $1325 $37,675 Phase 3: Recommendation and Policy Development 98 $14,250 $30,400 $50 $44,700 Phase 4: Updated Plan 402 $53,510 $1,500 $1,000 $56,010 Phase 5: Visualizations and Graphics 134 $17,550 $0 $50 $17,600 Phase 6: Ongoing Tasks 01 90 $14,000 $0 $500 $14,500 Professional Time and Costs Subtotal Administrative Mark-up (10% of Subs and Direct Costs) $3,933 10 City of Renton I Parks, Recreation, and Natural Areas Plan Update AGENDA ITEM #6. g) SCOPE OF WORK Q Project Schedule The timeline for each phase of work sets the general schedule for the project. A detailed project calendar identifying important milestones and meeting dates will be developed and updated by the core team and Renton project management in the early stages of the project. City of Renton I Parks, Recreation, and Natural Areas Plan Update 11 AGENDA ITEM #6. g) 02 The MIG Team MIG has assembled a team of highly experienced planners, designers, and specialists to assist the City of Renton in updating the Parks, Recreation, and Natural Areas Master Plan Update. Our team includes individuals who have experience working in Renton and with some of the most innovative park and recreation agencies in the country, including the top -ranked Minneapolis Park and Recreation Board, and national leader San Jose. ABOUT MIG, INC. Since our founding in 1982, MIG, Inc. has built custom- tailored and action -oriented parks, recreation, open space, and natural resources plans that help communities realize their vision and aspirations. We recognize the importance of parks and recreation in creating a strong local economy and a healthy community. With backgrounds in planning, community involvement, recreation, park design, natural resources planning, and funding, MIG's multidisciplinary team has developed park and recreation master plans for more than 150 communities. MIG Team members are creative and have strong technical expertise and a thorough understanding of stakeholder and community -driven planning. For each endeavor, our approach is strategic; context driven; and holistic, addressing social, political, economic, and physical factors to ensure our clients achieve the results they need. We approach each project from the standpoint of building collaborative frameworks that include multidisciplinary professionals working side -by -side with clients, users, and communities to identify strategies that achieve objectives and can be implemented. Our plans have produced results. EMC RESEARCH EMC Research (EMC) is an opinion research and strategic consulting firm serving a broad range of public and private sector clients since 1989. Their clients span across all industriesfrom large and small corporations and nonprofitsto public sector clients, including states, cities, counties, and park systems. EMC understands how to create and execute high -quality opinion research, and how to provide clients with strategic guidance using a thorough understanding of public and stakeholder opinion. The firm's staff has been involved in more than 10,000 opinion surveys and over 1,000 focus groups with an estimated 5,000 clients, at all levels, ranging from political and public policy strategy polls to extensive market share and customer satisfaction surveys. City of Renton I Parks, Recreation, Open Space and Natural Resources Plan Update 13 AGENDA ITEM #6. g) ® SCOPE OF WORK Core Management Team MIG's project management team will guide the effort, and has been specifically crafted to include the depth and breadth of park and recreation planning and design experience needed for this project to be a success. Principal -in -Charge Lauren Schmitt leads MIG's firmwide park and recreation planning practice and will oversee the team and ensure that adequate resources are provided to the project, as well as provide content leadership in needs assessment and system analysis. Project Manager Ryan Mottau is MIG's most experienced project manager and will serve as your day-to-day contact. Ryan will provide team and resource management, as well as content leadership in needs assessment and system analysis. Supporting Team Members and Technical Experts Lauren and Ryan will form the core team for this project, working directly with the City's project manager throughout the plan update. They will be supported by a group of professionals who each bring specific technical expertise with relevance to Renton's park system and issues. 14 City of Renton I Parks, Recreation, and Natural Areas Plan Update AREAS OF EXPERTISE » Park and Recreation Planning >> Strategic Planning » Staffing and Organizational Analysis » Partnership Strategies EDUCATION >> MLA, University of Washington >> BA, Architecture and Urbanism, Smith College REGISTRATIONS / CERTIFICATIONS >> Landscape Architect, OR #428 PRESENTATIONS >> The Art of Community Engagement: Lessons from the Frontlines, AIA National Conference 2017 >> Evolving the Urban Landscape: Pittsburgh's Public Spaces in Planning and Design, ASLA National Meeting 2016 » Data Driven: Applied Tools for Recreation Planning and Management, SORP and RMS Conference 2016 » Advanced Placemaking, APA National Conference, 2015 » Sustaining Parks with a Triple Bottom Line: Ecology, Economy and Equity, ASLA 2013 A regional and national leader in the field, Lauren Schmitt has been transforming park and recreation facilities and systems for over 20 years. She has always applied a "hands-on approach" — from laying bluestone as a highschooler working for a design -build contractor to leading the development of major metropolitan park master plans throughout the U.S. Her curiosity and knack for problem -solving lend themselves naturally to the analysis and assessment of projects, enabling her to ask the right questions from the outset and put projects on a path to positive outcomes. As an urban planner and landscape architect, Lauren has been involved in both policy planning and placemaking for clients nationwide on projects addressing neighborhood and downtown planning, park and recreation services and facilities, natural and cultural resources, trails and open space, and programming. She has used her expertise and experience to help clients navigate unexpected circumstances and reap the benefits of unforeseen opportunities. Specifically, Lauren brings a broad range of community outreach, facilitation, project management, public speaking, and team leadership skills to every project. Whether it's a park system with 3,390 acres in Pittsburgh, Pennsylvania or a 10-acre site in Gresham, Oregon, Lauren's practicality and resourcefulness enables her to leverage resources without being constrained by them to create places and policies that reflect the best a community has to offer. SELECTED PROJECT EXPERIENCE » Parks, Recreation, and Natural Areas Plan, Renton, WA >> Parks, Recreation and Open Space Plan and Community Cultural Plan Updates, Edmonds, WA >> Parks, Recreation and Open Space Planning and Analysis, Shoreline, WA >> Swan Creek Park Master Plan, Tacoma, WA » Parks, Trails, Open Space and Recreation Plan, Palo Alto, CA >> Downtown Service Area Master Plan, Minneapolis, MN >> Pittsburgh Comprehensive Open Space, Park and Recreation Plan, Pittsburgh, PA >> Strategic Business Plan for Developed Parks, Metro Service Area, OR City of Renton I Parks, Recreation, and Natural Areas Plan Update 15 l Ryan Mottau is a recreation and facilities planner with over 17 years AREAS OF EXPERTISE of experience working within and assisting public agencies. The focus » Park and Recreation Planning of his career has been public facilities planning, including parks, trails, » Decision Making Tools recreation and education facilities. Ryan has completed system plans for cities, counties and school districts. An important feature of this work is >> Partnership Strategies establishing a framework to guide community decision making within a » Funding complex set of government and non-profit priorities. In his work on parks, >> Technology recreation and open space plans, Ryan has designed customized tools to assist in understanding the implications of a project and prioritizing >> Public Involvement and community actions. This process ensures that communities develop Facilitation politically and financially feasible implementation plans. >> Community Outreach Ryan leads MIG questionnaire and survey efforts. Building on 25 years EDUCATION of expertise testing community priorities, evaluating park and recreation >> Bachelor of Business services and collecting input on a wide variety of topics, he has developed Administration, Urban MIG's approach to include a mix of tools —engaging existing social networks Geography joint major, in the community to increase turnout and strengthen results. His expertise Simon Fraser University, in relationship building, creativity in designing decision making tools and Burnaby, British Columbia attention to the big picture creates the flexibility needed to address the unique challenges of each project. PRESENTATIONS Reinvigorating the Mature Park SELECTED PROJECT EXPERIENCE and Recreation System, NRPA » Parks, Recreation, and Natural >> Parks, Trails, Open Space and 2013, 2014 Areas Plan, Renton, WA Recreation Plan, Palo Alto, CA » Go Big or Go Home! Creating » Parks, Recreation and Open >> Minneapolis Parks and Recreation Successful Destination Venues, Space Plan and Community Board Downtown Service Area NRPA 2013, 2014 Cultural Plan Updates, Master Plan, Minneapolis, MN Edmonds, WA » Pittsburgh Comprehensive Open >> Bend Park and Recreation District Space, Park and Recreation Plan, Comprehensive Plan, Bend, OR Pittsburgh, PA » Parks, Recreation and Trails >> Parks, Recreation and Open Space Plan; Recreation Master Plan, Plan, Tukwila, WA Longmont, CO 16 City of Renton I Parks, Recreation, and Natural Areas Plan Update © ,M SCOPE OF WORK AGENDA ITEM #6. g) SCOPE OF WORK Q Consulting Experts CINDY MENDOZA, CPRP is a Senior Recreation Planner who raises the bar on strategic and comprehensive planning for parks, programs, recreation facilities, natural areas, and trails. Over the last 20 years, she has guided over 50 agencies in planning and designing park and recreation systems by emphasizing public outreach, engagement, and collaboration. Cindy brings leadership in recreation programming (youth development and coaching) to inspire community efforts to support healthy living, recreation for all, park access, placemaking, and connections to nature. Her integrated approach allows communities to address key questions in recreation policy, park activation, outdoor recreation, and sustainability in a proactive and practical way. As a Certified Park and Recreation Professional (CPRP), published author, conference speaker, and SCORP trainer, Cindy's strengths include her ability to mobilize action by fusing community priorities with technical data to advance a shared vision and customized strategies to achieve community goals. JAMILLAH JORDAN has over 10 years of experience in community engagement and process design and has worked with a wide range of public sector, community - based, and nonprofit organizations in the areas of health policy, social equity, and community development. Recognized as an experienced facilitator and trainer, Jamillah has led numerous stakeholder engagement processes that have built consensus, community capacity, and a vision for the future. She designs and implements a diverse mix of community -driven planning efforts, involving focus groups, interactive community workshops, stakeholder interviews, site tours, intercept events, and surveys. Jamillah is skilled at working with groups representing a diversity of interests and opinions — from diverse stakeholder groups to community members from diverse cultures and background. Fluent in Spanish, Jamillah is adept at engaging diverse and limited -English proficient communities. BRICE MARYMAN, PLA, ASLA, LEED AP, CPSI is a senior landscape architect focused on designing great places and green infrastructure systems. Whether working on children's playgrounds or public streetscapes, he is passionately concerned with the vitality of urban ecosystems and the health of human environments. He takes a hands-on approach to public outreach and passionately believes that constructive public communication contributes to a smooth design and construction process. In addition to his work at MIG, he was recently award the Landscape Architecture Foundation's Innovation and Leadership Fellowship and has previously completed service on the Board of Seattle Parks Commissioners and as the Technical Advisory Committee Chair for Planning and Design for the STAR Community Index. He co-founded the University of Washington's Urban Green Infrastructure Certificate Program and co -directed the award -winning Open Space Seattle 2100, which looked at the next century of Seattle's open space future. DEAN APOSTOL has over 30 years of experience as a landscape architect, natural resource planner and landscape ecologist. A recognized leader in ecology of the Pacific Northwest, Dean is an innovator in integrated resource planning and ecological restoration. With a focus onsustainability, he has worked on natural disaster plans, natural resource management, watershed analysis, open space planning, permaculture design, landscape analysis and ecological restoration projects throughout Oregon. City of Renton I Parks, Recreation, and Natural Areas Plan Update 17 = AGENDA ITEM #6. g) Supporting Roles JOSE RODRIGUEZ is a planner and analyst for land use, community planning, housing, parks and open space, and environmental analyses at both the local and regional levels. With 20+years of GIS experience, Mr. Rodriguez has a strong technical ability in GIS map production and geospatial analysis. He focuses on applying cartographic principles to all mapping projects and deliverables, emphasizing sound data management and superior mapping visualization to help solve complex geospatial questions. ED CANALIN has over 20 years of experience in the graphic design field. He joined MIG as a senior graphic designer in 1998 and has served as Art Director since 2000. As Art Director, Ed contributes to the creative direction, sets the graphic style and tone for projects, and supervises a staff of graphic designers to produce a wide range of multimedia products. Ed's work includes branding and identity, social marketing and behavior change campaigns, environmental and wayfinding graphics, website development, and advertising for print and outdoor, internet, and television. He is involved in all phases of the design process from concept design to delivery of the final product, ensuring that timelines and budgets are met without sacrificing quality. Ed developed the project identity and contributed to the wayfinding element of the Civic Core Vision and Action Plan. JORDAN LEWIS is a Landscape Designer for MIG. With a background in anthropology, architecture and landscape architecture, Jordan is passionate about interdisciplinary collaboration to solve complex design challenges. Jordan believes in designing spaces that increase human interaction with and connection to diverse ecological systems in the urban environment, and which express the layered cultural narratives that give meaning to a place. He has been involved in a wide range of public space activation projects in Seattle and Denmark, and is attuned to the ingredients that make for successful and engaging public spaces. At MIG, Jordan values the opportunity to provide analytical clarity through his graphic skills and a creative thought process to create compelling urban environments. Jordan was a key member of the Civic Core Vision and Action Plan team and created many of the illustrative graphics. 18 City of Renton I Parks, Recreation, and Natural Areas Plan Update AGENDA ITEM #6. g) SCOPE OF WORK Q EMC Research IAN STEWART is a Principal in EMC Research's Seattle office, progressing to his current position after holding Senior Analyst and Vice President roles. In his 19 years with EMC Research, Ian has provided full research services to clients including questionnaire and sample design, survey testing and fielding, analysis of research results, focus group moderation, and strategic consulting on where and how to use research. He is a RIVA-trained expert focus group moderator, and has extensive experience analyzing and interpreting research results. Ian's recent and past clients include the City of Renton, the City of Redmond, the City of Bellevue, the City of Mercer Island, the City of Seattle, the City of Woodinville, the Port of Seattle, Forterra, Harborview Medical Center, King County Metro, Community Transit, the Washington State Auditor's Office, and Sound Transit among many others. Ian grew up on Mercer Island, received his BA in Political Science from Western Washington University, with a minor in Environmental Studies. He continued his education with Leadership Tomorrow, Seattle's premier leadership training program, and was selected by the class as its graduation speaker in 2006. City of Renton I Parks, Recreation, and Natural Areas Plan Update 19 e st i m a t e d p r o j e c t c o st �- 1.1 1Project Kick -Off Meeting 4 $820 6 $870 $0 $0 $0 $0 $0 $0 $0 $0 10 $1,690 $0 $150 $1,840 $0 1.2 Community Profile 1 $205 2 $290 $0 $0 $0 $0 $0 $0 $0 8 $680 $0 11 $1,175 $0 $1,175 1.3 Updated Inventory and Base Mapping Implementation Report Card $0 2 $290 $0 $0 $0 $0 8 $1,120 $0 $0 $0 $0 10 $1,410 $0 $1,410 1.4 6 $1,230 16 $2,320 $0 $0 $0 $0 $0 6 $1,110 $0 4 $340 $0 32 $5,000 $0 $5,000 1.5 Park Commission and City Council Presentations (#1) 2 $410 6 $870 $0 $0 $0 $0 $0 $0 $0 $0 $0 8 $1,280 $0 $1,280 1.6 Inclusive Community Engagement Strategy Inclusion Task Force Meeting #1 $0 4 $580 $0 $0 8 $1,200 $0 $0 $0 $0 $0 $0 12 $1,780 $0 $1,780 1.7 $0 4 $580 $0 $0 8 $1,200 $0 $0 $0 $0 $0 $0 12 $1,780 $0 $300 $2,080 1.8 Community Open House Meeting #1 8 $1,640 16 $2,320 $0 $0 $0 $0 $0 $0 $0 12 $1,020 $0 36 $4,980 $0 $750 $5,730 1.9 Online Interactive Mapping 4 $820 12 $1,740 $0 $0 $0 $0 24 $3,360 6 $1,110 $0 8 $680 $0 54 $7,710 $0 $1,750 $9,460 1.10 Project Management and Administration $0 16 $2,320 $0 $0 $0 $0 $0 $0 $0 $0 6 $450 22 $2,770 $0 $50 $2,820 2.1 Subtotal • • • -• Stakeholder Meetings (7) 25 8 $5,125 $1,640 84 8 $12,180 $1,160 0 $0 $0 0 $0 $0 16 $2,400 $0 0 $0 $0 32 $4,480 $0 12 $2,220 $0 0 $0 $0 32 $2,720 $0 6 $450 $0 207 16 $29,575 $2,800 $0 $0 $0 $0 $3,000 $100 $32,575 $2,900 2.2 Steering Committee Meeting #1 4 $820 8 $1,160 $0 $0 $0 $0 $0 $0 $0 2 $170 $0 14 $2,150 $0 $75 $2,225 2.3 Internal Staff Workshop 8 $1,640 $0 $0 8 $1,160 $0 $0 $0 $0 $0 8 $680 $0 24 $3,480 $0 $150 $3,630 2.4 Staffing Analysis 12 $2,460 $0 $0 8 $1,160 $0 $0 $0 $0 $0 8 $680 $0 28 $4,300 $0 $4,300 2.5 Access Analysis Update 2 $410 12 $1,740 $0 $0 $0 $0 20 $2,800 $0 $0 $0 $0 34 $4,950 $0 $4,950 2.6 Internal/External Workshop 4 $820 16 $2,320 $0 $0 $0 $0 $0 $0 $0 8 $680 $0 28 $3,820 $0 $150 $3,970 2.7 Inclusive Engagement Training $0 $0 $0 $0 16 $2,400 $0 $0 $0 $0 $0 $0 16 $2,400 $0 $300 $2,700 2.8 Inclusive Engagement Activity Design and Monitoring $0 4 $580 $0 $0 12 $1,800 $0 $0 $0 $0 8 $680 $0 24 $3,060 $1,500 $1,500 $4,560 2.9 Community Open House Meeting #2 and Online Extension 4 $820 8 $1,160 8 $1,240 $0 $0 $0 8 $1,120 $0 $0 16 $1,360 $0 44 $5,700 $0 $500 $6,200 2.10 Project Management and Administration Subtotal System -Wide and Planning Area Recommendations Goals and Policy Recommendations Park Project Recommendations Natural Resource Evaluation and Triage Tools Community Priority Survey $0 12 $1,740 $0 $0 $0 $0 $0 $0 $0 $0 6 $450 18 $2,190 $0 $50 $2,240 3.1 42 2 $8,610 $410 68 8 $9,860 $1,160 $1,240 $0 16 $2,320 $0 28 $4,200 $0 0 $0 $0 28 $3,920 $0 0 $0 $0 0 $0 $0 50 2 $4,250 $170 6 $450 $0 246 12 $34,850 $1,740 $0 $1,500 $1,500 $0 $1,325 $37,675 $1,740 3.2 2 $410 4 $580 $0 $0 $0 $0 $0 $0 $0 2 $170 $0 8 $1,160 $0 $1,160 3.3 6 $1,230 12 $1,740 8 $1,240 $0 $0 $0 $0 $0 $0 2 $170 $0 28 $4,380 $0 $4,380 3.4 $0 4 $580 $0 $0 $0 12 $1,740 $0 $0 $0 4 $340 $0 20 $2,660 $0 $2,660 3.5 2 $410 8 $1,160 $0 $0 $0 $0 $0 $0 $0 $0 $0 10 $1,570 $30,400 $30,400 $31,970 3.6 Park Commission and City Council Presentations (#2) 2 $410 6 $870 $0 $0 $0 $0 $0 $0 $0 $0 $0 8 $1,280 $0 $1,280 3.7 Project Management and Administration Subtotal $0 8 $1,160 $0 $0 $0 $0 $0 $0 $0 $0 4 $300 12 $1,460 $0 $50 $1,510 14 $2,870 50 $7,250 8 $1,240 0 $0 0 $0 12 $1,740 0 $0 0 $0 0 $0 10 $850 4 -F- $300 98 $14,250 $30,400 $0 $30,400 $50 $44,700 © w RENTON PARKS, RECREATION AND NATURAL AREAS PLAN UPDATE I Page 1 S e st i m a t e d p r o j e c t c o st • 4.1 Steering Committee Meeting #2 $0 8 $1,160 $0 $0 $0 $0 $0 $0 $0 8 $680 $0 16 $1,840 $0 $75 $1,915 4.2 Community Open House Meeting #3 and Online Extension 2 $410 8 $1,160 8 $1,240 $0 $0 $0 8 $1,120 $0 $0 16 $1,360 $0 42 $5,290 $0 $500 $5,790 4.3 Phase 4 Inclusive Engagement Exercise and Monitoring $0 4 $580 $0 $0 12 $1,800 $0 $0 $0 $0 8 $680 $0 24 $3,060 $1,500 $1,500 $4,560 4.4 Project List and Cost Model 4 $820 8 $1,160 8 $1,240 $0 $0 $0 $0 $0 12 $1,140 $0 $0 32 $4,360 $0 $4,360 4.5 Administrative Draft Plan 16 $3,280 24 $3,480 4 $620 4 $580 4 $600 4 $580 $0 $0 $0 32 $2,720 $0 88 $11,860 $0 $11,860 4.6 Inclusion Task Force Meeting #2 $0 4 $580 $0 $0 8 $1,200 $0 $0 $0 $0 $0 $0 12 $1,780 $0 $300 $2,080 4.7 Park Commission and City Council Presentations (#3) 4 $820 8 $1,160 $0 $0 $0 $0 $0 $0 $0 $0 $0 12 $1,980 $0 $1,980 4.8 Layout Draft Plan 12 $2,460 24 $3,480 $0 $0 $0 $0 $0 16 $2,960 $0 24 $2,040 $0 76 $10,940 $0 $10,940 4.9 Public Draft Plan $0 6 $870 $0 $0 $0 $0 $0 2 $370 $0 12 $1,020 $0 20 $2,260 $0 $2,260 4.10 Planning Commission Meetings (2) and Public Hearing Racesholder for Renton Staff Effort 4.11 Park Commission Presentation and Recommendation Placesholder for Penton Staff Effort 4.12 Final Draft Plan 4 $820 16 $2,320 $0 $0 $0 $0 $0 4 $740 $0 16 $1,360 $0 40 $5,240 $0 $5,240 4.13 City Council Adoption Meeting $0 8 $1,160 $0 $0 $0 $0 $0 $0 $0 4 $340 $0 12 $1,500 $0 $75 $1,575 4.14 Final Plan $0 2 $290 $0 $0 $0 $0 $0 $0 $0 4 $340 $0 6 $630 $0 $630 4.15 Project Administration and Closeout $0 16 $2,320 $0 $0 $0 $0 $0 $0 $0 $0 6 $450 22 $2,770 $0 $50 $2,820 Subtotal 42 $8,610 136 $19,720 20 $3,100 4 $580 24 $3,600 4 $580 8 $1,120 22 1 $4,070 12 $1,140 124 $10,540 6 $450 402 $53,510 1 $0 $1,5001 $1,5001 $1,000 $56,010 • . • •� 5.1 Project Identity Development 1 $205 4 $580 $0 $0 $0 $0 $0 8 $1,480 $0 $0 $0 13 $2,265 $0 $2,265 5.2 Invitation and Flyer Template $0 2 $290 $0 $0 $0 $0 $0 8 $1,480 $0 $0 $0 10 $1,770 $0 $1,770 5.3 Park Concept Plans (4) 4 $820 $0 12 $1,860 $0 $0 $0 $0 $0 60 $5,700 $0 $0 76 $8,380 $0 $8,380 5.4 Plan Infographics 3 $615 6 $870 $0 $0 $0 $0 $0 12 $2,220 $0 10 $850 $0 31 $4,555 $0 $4,555 5.5 Project Management and Administration $0 4 $580 $0 $0 $0 $0 $0 $0 $0 $0 $0 4 $580 $0 $50 $630 Subtotal 8 $1,640 1 $2,320 $1,860 j 0 $0 0 $0 0 $0 0 $0 28 $5,180 60 $5,700 10 $850 0 $0 134 $17,550 $0 $0 $0 $50 $17,600 • .• . 6.1 Core Team Project Calls 13 $2,665 26 $3,770 $0 $0 $0 $0 $0 $0 $0 $0 $0 39 $0 $0 51 0 $0 0 $0 90 $6,435 $0 $6,435 $7,565 $0 $500 $8,065 $14,000 $0 $0 $0 $500 $14,500 6.2 Project website and Content Updates 2 $410 13 $1,885 2 $310 2 $290 $0 2 $290 26 $3,640 4 $740 $0 Subtotal 15 $3,075 39 $5,655 2 $310 2 $290 0 $0 2 $290 26 $3,640 4 $740 0 $0 Professional • •Subtotal• • 1® • 1 1 1 .: 1 1 1® • 1 • • 1 .. 1 . 1 • 122 $1,650,C 1 1 1 1 1 1 1 1® 1 1• 1 10% 1 Administrative Mark Up $3,340 $593 $3,933 Total Project Cost M1 7.1 ADA Assessment and Transition Plan for Parks, Recreation Natural Areas m z 0 n m REN TO N PARKS, RECREATION AND NATURAL AREAS PLAN UPDATE I Page 2 °� AGENDA ITEM #6. g) Renton Parks, Recreation and Natural Areas Plan Update Inclusive Community Engagement Strategy 12/4/18 I. Introduction and Context Grassroots civic engagement, co -led by trusted community partners, is an effective way to reach deep into Renton's linguistically and culturally diverse communities to engage residents about park and recreation system priorities. The MIG Team recommends that the City of Renton partner with members of the Inclusion Task Force to conduct targeted outreach within underserved and underrepresented communities. This inclusive engagement strategy builds on the local knowledge, connections and expertise of Task Force partners to broaden the City's outreach efforts. The selected Task Force members should ideally have the following characteristics: • Mission -driven commitment to parks, recreation and open space work; • Adequate staffing (if affiliated with an organization) to incorporate the outreach efforts into their existing work plans; and • An interest or experience in conducting results -oriented outreach and civic engagement in diverse communities. Community input collected by Task Force members on park and recreation needs, priorities and opportunities will be used to inform Phase 2 of the planning process. Based on the outcomes of the inclusive outreach efforts, the City of Renton may implement similar engagement approaches during later phases of the planning process. II. Inclusive Engagement Methods The MIG Team proposes that Task Force members focus their outreach efforts on 1) areas with well - recognized park deficits and 2) populations that are underrepresented in traditional planning processes and community conversations about parks and open space. Three (3) Task Force members will be selected and trained on how to implement the engagement strategies and tools. The Task Force partners will receive a stipend of $500 per phase of work to compensate for their efforts and contributions to the outreach program. Two phases are planned; total compensation for each Task Force member will be $1,000. The specific activities of the inclusive engagement strategy are outlined below. A. Outreach Toolkit To ensure input is collected from diverse community members, MIG will develop an outreach toolkit to be used by trained Task Force members. The toolkit will include elements such as a conversation leader guide, project fact sheet, an interactive exercise, discussion questions, and a reporting form. The activities and discussion will solicit input on park and recreation needs, as well as insights on system improvements. The toolkit will be designed to conduct a community conversation within a 60 minute timeframe, scalable to the size of the group. Outreach toolkits are designed to expand the community engagement program by "meeting people where they are" and providing local partners with the opportunity to solicit input from their constituents. For example, a task force partner connected to the Vietnamese communities of Renton AGENDA ITEM #6. g) can administer the toolkit activities during an existing meeting in that community, and then share the resulting data with the MIG team. MIG will collaborate with the City to determine the need for translation of key toolkit elements. B. Task Force Training MIG will design and lead a 90-minute training of Task Force partners on how to conduct targeted outreach, administer the toolkits and share the resulting data. The training will highlight techniques to engage diverse stakeholders in constructive conversations and strategies to create "safe spaces" for civic dialogue. During the training, MIG will articulate the key roles and responsibilities of the Task Force partner, to minimize potential confusion and miscommunication. MIG will also provide ongoing support and technical assistance by telephone to the Task Force members to address emerging issues and opportunities. C. Community Conversations Using the outreach toolkits, Task Force members will conduct up to three community conversations with individuals from culturally and linguistically diverse constituencies, as well as individuals who may not participate in traditional planning processes. For example, participants may include youth, limited - English proficient individuals, single mothers, seniors and residents of park -deficient neighborhoods. Participants will share their thoughts and ideas on park and recreation needs, priorities and opportunities to inform Phase 2 of the planning process. MIG recommends that each participant receive a pool/class voucher for their time and contributions, our understanding is that this can be provided by the City at no cost to the project. D. Monitoring and Evaluation Robust evaluation of outreach and engagement activities is essential to demonstrating impact and ensuring input is collected from diverse community members. MIG will actively monitor the progress of the Task Force partners and conduct 2 progress -check -in sessions by phone. Additionally, Task Force partners will submit documentation to MIG to demonstrate their efforts as well as a brief summary report that indicates how many people they engaged, the demographics of engaged participants, what worked well, and the lessons learned. The monitoring and evaluation results will also be used to inform future engagement strategies and best practices for the City of Renton. E. Outcome Targets Each Inclusion Task Force Partner will be responsible for: 0 Two community conversation meetings of 8-10 people, or • 16-20 participants in whatever configuration they feel works best (smaller meetings are an option). The total target for each phase of work the City includes in the scope: • 48-60 participants from underserved and underrepresented communities. • Insights into how the park system can be adapted to better serve the entirety of Renton's population. AGENDA ITEM #6. h) AB - 2282 C[TY OF -----wwwo�Renton u0"I" SUBJECT/TITLE: RECOMMENDED ACTION DEPARTMENT: STAFF CONTACT: EXT.: CAG-16-174 Sunset Air SENIOR CTR ESCO - Retainage Release Council Concur Community Services Department Jeff Minisci, Facilities Director x6643 Final pay estimate in the amount of $9,030.14 for release of retainage. The Community Services Department submits CAG-16-174, Senior Center DES/ESCO for final pay estimate of retainage $9030.14. The work started on August 4, 2017 and was completed on May 1, 2018. The contractor, Sunset Air Inc, completed the terms of their contract by replacing lighting and obsolete kitchen equipment at the Renton Senior Center. A. CAG-16-174 Retainage Pay Estimate #4 B. Sunset Air Retainage Invoice C. CAG-16-174 Notice of Completion Accept the project, and approve final pay estimate of retainage in the amount of $9,030.14. CITY OF RENTON COMMUNITY SERVICES AGENDA ITEM #6. h) PAYMENT TO CONTRACTOR DATE: 12/6/2018 TO: FINANCE DEPARTMENT Natalie Wissbord, Ext. 6619 FROM: COMMUNITY SERVICES Lori Lohman CONTRACTOR: SUNSET AIR INC VENDOR # 1078984 CONTRACT NO.: CAG 16-174 PROJECT NAME: Renton Senior Center ESCO PROJECT MANAGER: Jeff Minisci, Facilities Director ESTIMATE # 14 1 CONTRACTOR EARNINGS THIS ESTIMATE $ - 2 SALES TAX @ 10% $ - 3 TOTAL CONTRACT AMOUNT THIS ESTIMATE $ - 4 EARNINGS PREVIOUSLY PAID CONTRACTOR $ 238,880.09 5 * EARNINGS DUE CONTRACTOR THIS ESTIMATE $ - 6 SUBTOTAL - CONTRACTOR PAYMENT $ 238,880.09 7 RETAINAGE ON PREVIOUS EARNINGS $ 9,030.14 N/A 8 * RETAINAGE ON EARNINGS THIS ESTIMATE $ - N/A 9 SUBTOTAL - RETAINAGE $ 9,030.14 10 SALES TAX PREVIOUSLY PAID $ 23,888.01 11 SALES TAX DUE THIS ESTIMATE $ - 12 SUBTOTAL - SALES TAX $ 23,888.01 GRAND TOTAL TO DATE $ 262,768.10 FINANCE DEPARTMENT ACTION PAYMENT TO CONTRACTOR (Lines 5 and 11) $ 9,030.14 ACCOUNT #: 316.220013.020.594.18.62.000 RETAINED AMOUNT (Line 8) $ - ACCOUNT: Retainage Held by Bond TOTAL THIS ESTIMATE: $ 9,030.14 CHARTER 116, LAWS OF 1965 I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM. SIGNED: 01 T 174 STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES 1500 Jefferson St. SE, Olympia, WA 98501 PO Box 41476, Olympia, WA 98504-1476 November 28, 2018 Mr. Jeff Minisci, Facilities Director Community Services Department Renton City Hall — 61h Floor 1055 South Grady Way Renton, Washington 98507-3232 Subject: Retention Invoice Renton Senior Center Energy Efficiency project. Dear Jeff: I have reviewed the Retention Invoice submitted by Sunset Air for the Senior Center Energy Efficiency project. My review finds the submitted retention total matches my records for withholding on the project. The invoice is ready for payment. There are two copies of the invoice attached. The following summarizes the invoice: A. Contract Number 2017-299 G (1-1), Retention Invoice: The amount due is $9,030. Pursuant to the email sent to you, the 45 day lien period for this project has expired. Therefore, if you have the necessary releases from the Departments of Labor & Industries, Revenue, and Employment Securities, please proceed with disbursement of the contract retainage. Finally, I've attached an updated copy of the cost tracking spreadsheet that we used for this project, reflecting this invoice. If you have any questions about these invoices please give me a call at 3 60-407-93 80. Sincer , ;Yly Douglas Kilpatrick, P.E. Energy Engineer Enclosures AGENDA ITEM #6. h) v e m m 85� $ n 8 m i S _$ a 16 E d m� aac m w N w N w N w w w w w w w N N N w w w q N 01 a ho �1zp 000e a maa o Sao m8 �� 8999 E 0 U m go gn v°iin na c m N w N w N N w N N N w w w w w w N w N w w w w w w w w N C m d U O � n o C O N y 7 t0 N � C cc N N d N u a o c e N N N N m tB Y a S O O n d N m 0 S .rvi _ r O � N SN � 7 C � wry O � �i �i^ 8 C a N N N N N N N N N N N N w N q N C �Sa 8A 8 nn 1. 8 9 re m i g M o v m = N Gm O - _ C O O C L u m N N w N N N N N N N N N N N N N w w N w w N w w w N d � O N b d N � C � d L U 9 O n m a N c EN t y E o a 4. S 88$ m..$ S N: R Kl p8 C u m I pP OU O OU N $ N N g �q S > ik A - 2 2 m i - x E n ~ ¢ = is LL& aU E U mm U R G U O i d d m y w u 'Y 'Y w f LL q o u ti a a U O _ _ w C c o c c JE EE E E E ? E Y O 2i u) a c�c� cn as as a� Lu w O u C N E m C E c L 2 C m O a OU U 8yQ O. ca rii 8 m 0 f 0 q Y p GN aF3 N N N w i.F n n o ! r b _ d O O p w UidU M i , � . N c mm� X aoma O FFFd AGENDA ITEM #6. h) :nw luavusaorm A7l1Aq mw INVOICE VOUCHER :1IGNCI` NAIVIt City of Renton clo Energy Program, Department of Enterprise Services 1500 Jefferson, P.O.Box 41012 Olympia, WA 98504-1012 Attn: Doug Kilpatrick ::1ll;IVDUR Oi;::GL411VtANG: Sunset Air, Inc. 5210 Lacey Blvd SE Lacey, WA 98503 •:•:•FONTRACe7:•NQ::•:•:•:•: :•:•:•:•:•)NL{�CEflAT�•::•::•: •i::•:�NY06.'ENA'r:•:•:•: 2017-299 G (1-1) 11/26/2018 Retention VENDOR'S CERTIFICATEA HEREBY CERTIFY UNDER PENALTY OF PERJURY THATTHE ITEMS AND TOTALS LISTED HEREIN ARE PROPER CHARGES FOR MATERIALS, MERCHANDISE OR SERVICES FURNISHED TOTHE STATE OF WASHINGTON, AND THAT ALL GOODS FURNISHED OR SERVICES RENDERED HAVE BEEN PROVIDED WITHOUT DISCRIMINATION ON THE GROUNDS OF RACE, CREED, COLOR, NATIONAL ORIGIN, SEX, OR AGE: THAT PREVAILING WAGES HAVE BEEN PAID IN ACCORDANCE WITH THE PREFILED STATEMENT OR STATEMENTS OF INTENT ON FILE WITH THE DEPARTMENT OF LABOR AND INDUSTRIES AS APPROVED BY THE INDUSTRIAL STATISTICIAN: AN THAT ALL SUB CONTRACTORS AND/OR SUPPLIERS HAVE BEEN PAID LESS EARNED RETAINAGE AS THEIR INTEREST APPEARED IN THE LAST PAYMENT RECEIVED. FEDERAL TAX ID NO.: 91-0997053 FAILURE TO PROVIDE THIS NUMBER WILL RESULT IN DELAY OF PAYMENT. BY: f� / srcNrNMlI TITLE: Ryan Pantier, Energy Engineer Street Lighting to Date (non taxable) $0.00 Construction to date $180,602.77 Total Earned to Date $180,602.77 Plus 10.0% Washington State Sales Tax $18,060.28 Gross Earned to Date $198,663.05 G Retained Percentage on Total Amount Earned to Date Less 5 /o Retained Not Including Sales Tax Net Earned to Date $0.00 $198,663.05 Less Previously Invoiced $189,632.91 AMOUNT DUE THIS INVOICE $9,030.14 .................... ... This Certifies that Services Invoiced herewith have been received ENERGY PROGRAM Department of Enterprise Services BY Date l� Z9 PREPARED BY TELEPHONE NUMBER DATE AGENCYAPPROVAL DATE DOC. DATE PUT DUE DATE CURRENTOOC. NO. REP DOC NO VENDOR NUMBER USE VENDOR MESSAGE UBI NUMBER REF SUF TRANS CODE M O D FUND MASTERINDEX APPEN INDEX PROD INDEX r...: •;eU9• :•;OB.I; ;•:$LIB;• •:•0011. •CIBAkT ORG INDEX WORK CLASS ALLOC CO. BUDG UNIT CITY/ TOWN ADS .• • . • .... •:•PRglESf:::509: •: .. . •t'$O'.I• ; ; :PF(dj;:::; :::•{'LiA.S::•:: AMOUNT INVOICE NUMBER .. APPROVED FOR PAYMENT BY DATE WARRANTTOTAL WARRANTNUMBER AGENDA ITEM #6. h) STATE OF WASHINGTON APPLICATION AND CERTIFICATE FOR PAYMENT ON CONTRACT CERTIFICATE FOR PAYMENT. For period from: 3/21/2018 to 11/26/2018 contractfor. Renton Senior Center ESCO Date: 11/26/2018 Location: Renton, WA Certificate No.: 3 contractor. Sunset Air, Inc. Contract No.: 2017-299 G (1-1 Original Contract Amount: $68,576.42 Net change in Contract Amount to Date: ## $122,234.42 Adjusted Contract amount $190,810.84 1 EEM 3b - Multi ouro. Liahtina 2 Controls Programmer $0.00 $0.00 0% $0.00 $0.00 3 Controls Programmer $0.00 $0.00 0% $0.00 $0.00 4 Plumbing/Pipefitter $0.00 $0.00 0% $0.00 $0.00 5 Plumbing/Pipefitter $0.00 $0.00 0% $0.00 $0.00 6 Foreman $0.00 $0.00 0% $0.00 $0.00 7 Foreman $0.00 $0.00 0% $0.00 $0.00 8 Sheet Metal Worker $0.00 $0.00 0% $0.00 $0.00 9 Sheet Metal Worker $0.00 $0.00 0% $0.00 $0.00 10 Electrician $0.00 $0.00 0% $0.00 $0.00 11 Electrician $0.00 $0.00 0% $0.00 $0.00 12 Warehouse/Driver $0.00 $0.00 0% $0.00 $0.00 13 Warehouse/Driver $0.00 $0.00 0% $0.00 $0.00 14 Glazier $0.00 $0.00 0% $0.00 $0.00 is Glazier $0.00 $0.00 0% $0.00 $0.00 16 Material - Large (with 18% markup) $0.00 $0.00 0% $0.00 $0.00 17 Material - Small (with 18% markup) $0.00 $0.00 0% $0.00 $0.00 1s Subcontractors $67,231.78 $67,231.78 100% $67,231.78 $0.00 19 Permit _ $0.00 $40.00 0% $40.00 $0.00 21 EEM 7b - Elec kitchen eauio (CO 11 $0.00 $0.00 0% $0.00 $0.00 22 Controls Programmer $0.00 $0.00 0% $0.00 $0.00 23 Controls Programmer $0.00 $0.00 0% $0.00 $0.00 24 Plumbing/Pipefitter $2,423.20 $0.00 0% $0.00 $0.00 25 Plumbing/Pipefitter $0.00 $0.00 0% $0.00 $0.00 26 Foreman $0.00 $0.00 0% $0.00 $0.00 27 Foreman $0.00 $0.00 0% $0.00 $0.00 26 Sheet Metal Worker $0.00 $0.00 0% $0.00 $0.00 29 Sheet Metal Worker $0.00 $0.00 0% $0.00 $0.00 30 Electrician $2,539.60 $6,666.45 263% $6,666.45 $0.00 31 Electrician $0.00 $190.47 $190.47 $0.00 32 Warehouse/Driver $0.00 $0.00 0% $0.00 $0.00 33 Warehouse/Driver $0.00 $0.00 0% $0.00 $0.00 34 Glazier j $0.00 $0.00 0% $0.00 $0.00 35 Glazier $0.00 $0.00 0% $0.00 $0.00 36 Material - Large (with 18% markup) $5,000.00 $0.00 0% $0.00 $0.00 37 Material - Small (with 18% markup) $0.00 $0.00 0% $0.00 $0.00 38 Subcontractors $66,850.20 $54,285.43 81% $54,285.43 $0.00 39 Permit $0.00 $40.00 0% $40.00 $0.00 4l7„' C1v5{ ""v..''' " 9, 'nu!:�:i y.� Y'� �'"�1x P.s M WN, 4:T� "N �r2 �t. 4z-•1 .. ,emu •ti ',�'fe�.'�3.";i§•:.v. t .�-e_%.\''a�<•�'�- i''•,,-'!. ua .1iR�k' vw'Si �� -�s.. r. .. t4�•. 41 EEM 8 - Kitchen walk-ins (CO 11 $0.00 $0.00 0% $0.00 $0.00 42 Controls Programmer $0.00 $0.00 0% $0.00 $0.00 43 Controls Programmer $0.00 $0.00 0% $0.00 $0.00 44 Plumbing/Pipefitter $0.00 $0.00 0% $0.00 $0.00 45 Plumbing/Pipefitter $0.00 $0.00 0% $0.00 $0.00 4s Foreman $0.00 $0.00 0% $0.00 $0.00 47 Foreman $0.00 $0.00 0% $0.00 $0.00 48 Sheet Metal Worker $4,007.04 $7,857.56 196% $7,857.56 $0.00 49 Sheet Metal Worker $0.00 $704.36 $704.36 $0.00 so Electrician $4,063.36 $10,729.81 264% $10,729.81 $0.00 51 Electrician $0.00 $380.94 $380.94 $0.00 1 AGENDA ITEM #6. h) .... :rdd •.•.•.•.•:.•:.•::.:•:•:•::•:•:•:•:•:SGf...................:.:.:•:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.....1.......:.::..:.:.::.:.:.........1• ............:::::::::: DET4fL::::•::•::::•::•::::::::::::::::::::: SIALtlE :.::: ':::•:•::•:• RN r1::::::::::::: ..:.::.:.:.:..:.::....:::::: ::::CLAIIiIED:::: : :: :: IBIVLiICE ::::-: 52 Warehouse/Driver $0.00 $0.00 0% $0.00 $0.00 53 Warehouse/Driver $0.00 $0.00 0% $0.00 $0.00 54 Glazier $0.00 $0.00 0% $0.00 $0.00 55 Glazier $0.00 $0.00 0% $0.00 $0.00 56 Material - Large (with 18% markup) $17,529.60 $5,722.54 33% $5,722.54 $0.00 57 Material -Small (with 18% markup) $0.00 $3,262.12 0% $3,262.12 $0.00 56 Subcontractors $15,000.00 $14,000.00 93% $14,000.00 $0.00 59 Permit $0.00 $331.15 0% $331.15 $0.00 600 ' .,,� -... - '+r �` � • •��.�'�;:?�� �'� 11"?�r�e "s.(v160 __ i�n� �S �. . i ..y `K r 3 ee •r_r �,rLt,..•t •,y �r•ry- kni ] i;.o-ti •� �•yrl""� , N. ut u�5?u �n rf...�c '' i _ x .." yE r'E•Tin �&� � .1.. 601 Asbestos Removal $0.00 $0.00 0% $0.00 $0.00 602 Superintendent $0.00 $4,495.00 0% $4,495.00 $0.00 Construction Bond (Orig Contract) $1,344.64 $890.00 66% $890.00 $0.00 603_ $2,348J.26y 55%ye�ss $1,302.00 $0.00 .. 06=wi-1M-1 {C�onstructionBond,,�a({{C��{Oapr/11) �^�+ �yQ���}�� N, 2-001V L�r �4Yx�,?h. - - rriFG`.RI19y1 �,��ii��}y �w•L6 -M., -f!S„� nM }p$1,302.00�tE t F" 7' «iYt L X if 'I r �sLt4T•BLhL"•R r2 Equipment Rentals $0.00 $0.00 $0.00 $0.00 c66ocs :b-�.p�i,'.f3.'-+3 i'�'R� _:trza•1 '. , - i�i�'VaaS �0�% IP2�..i$ W_1 �.. 1;1Z r Y$0.00 611 Change Order 2 $2,473.16 $2,473.16 100% $2,473.16 612 COP 2 $0.00 $0.00 0% $0.00 $0.00 613 COP 3 $0.00 $0.00 0% $0.00 $0.00 W COP 4 $0.00 $0.00 0% $0.00 $0.00 615 COP 5 $0.00 $0.00 0% $0.00 $0.00 616 COP 6 $0.00 $0.00 0% $0.00 $0.00 617 COP 7 $0.00 $0.00 0% $0.00 $0.00 618 COP 8 $0.00 $0.00 0% $0.00 $0.00 619 COP 9 $0.00 $0.00 0% $0.00 $0.00 620 ICOP 10 $0.00 $0.00 1 0% $0.00 $0.00 STREET LIGHTING SUBTOTAL $0.00 $0.00 $0.00 $0.00 CONSTRUCTION SUBTOTAL $190,810.84 $180,602.77 ssa6 $180,602.77 $0.00 TAX 10.00% SALES TAX (ON CONSTRUCTION ONLY) $19,081.09 $18.060.28 $18,060.28 $0.00 $209.891.93 $198,663.05 $198,663.05 $0.00 TOTAL IMM.W Less Retainage....... 6% ......................... $9,030.14 $9,030.14 $0.00 $189,632.91 $189,632.91 $0.00 NETJIM Less Previous Payments..... $189,632.91 $0.00 $0.00 Y Additional Tax 9999= $0.00 $0.00 AMOUNT DUE THIS ESTIMATE This is to eartify ihalthe contractor, having cornged vvith the temrs and =dMons of the above mentioned eantract, is due and payable barn the State of Washington, the amount set after "AMOUNT DUE THIS ESTIMATE.• Sunset Air, Inc. SUNSET AIR, INC. (Contracting RM) (Archllect or Engineer) B ( I (v B I&lp MGNINIW S/GN.N0417E w AGENDA ITEM #6. h) ❑ Original ❑ Revised # NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Date: 12/6/2018 Contractor's UBI Number: Name & Mailing Address of Public Agency Department Use Only City of Renton, Attn: Natalie Wissbrod Assigned to: 1055 S Grady Way Renton, WA 98057 Date Assigned: UBI Number: 177000094 Notice is hereby given relative to the completion of contract or project described below [7iI�y_ Project Name Contract Number I Job Order Contracting Senior Center Energy Efficiency Projet CAG-16-174 ❑ Yes 0 No Description of Work Done/Include Jobsite Addresses) Energy/Utility Conservation Project to make building more efficient at the Renton Senior Center Federally funded transportation project? ❑ Yes 0 No (if yes, provide Contract Bond Statement below) Contractor's Name E-mail Address Affidavit ID* Sunset Air, Inc. nls@sunsetair.com 1 774680 Contractor Address Telephone # 5210 Lacey Blvd SE, Lacey WA 98503 If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. ❑ Retainage Bond ❑ Contract/Payment bond (valid for federally funded transportation projects) Name: I Bond Number: Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted 08/04/2017 18/4/2017 105/01/2018 111/26/2018 Were Subcontracters used on this project? If so, please complete Addendum A. ❑ Yes ❑ No Affidavit ID* - No L&I release will be granted until all affidavits are listed. Contract Amount $ 250,108.97 Additions ( +) $ Reductions (-) $ 11,228.88 Sub -Total $ 238,880.09 Sales Tax Rate 10.000% (If various rates apply, please send a breakdown) Sales Tax Amount $ 23,888.01 TOTAL $ 262,768.10 1VUIL: 1 hese two totals must be Comments Liquidated Damages $ Amount Disbursed $ 253,737.96 Amount Retained $ 9,030.14 TOTAL $ 262,768.10 NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. Contact Name: Jeff Minisci Email Address: jminisci@rentonwa.gov Department of Revenue Washington state Department of Public Works Section Labor & Industries (360) 704-5650 Contract Release PWC@dor.wa.gov (855) 545-8163, option # 4 ContractRelease@LN I. W A. GOV Title: Facilities Director Phone Number: 425-430-6643 Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360)902-9450 REV 31 0020e (10/28/15) F215-038-000 10-2014 Addendum A: Please List all Subcontractors and Sub -tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. Subcontractor's Name: UBI Number: (Required) Affidavit ID* BARGREEN ELLINSON INC 278038615 774680 KAUFMAN CONSTRUCTION & DEV INC 602709309 774680 NORTHWEST EDISON INC 601522062 774680 For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/28/15) F215-038-000 10-2014 1 AB - 2284 AGENDA ITEM #6. i) C[TY OF -----wwwo�Renton u0"I" SUBJECT/TITLE: RECOMMENDED ACTION DEPARTMENT: STAFF CONTACT: EXT.: Request to Increase Recreation Specialist from 0.50 FTE to 0.75 FTE Refer to Finance Committee Community Services Department Carrie Nass, Recreation & Neighborhood Divison Manager 6624 The Recreation and Neighborhood Division is requesting the addition of 0.25 FTE Recreation Specialist (Pay Grade a11) to an existing 0.50 FTE position. This increase of 0.25 FTE results in a fiscal impact of $20,977 in 2019 and $23,545 in 2020. Our division has had consistent savings in Intermittent Salaries over the past three years (2015: $74,393.98; 2016: $94,212.93; 2017: $61,171.27) which will cover this increase in FTE, making it budget neutral. Our Recreation Specialist who oversees youth athletics, Gena Woodke, is currently at 0.50 FTE. This position entails additional hours to plan and coordinate all youth -related athletics (baseball, basketball, cross country, flag football, track, volleyball). With additional hours, this position will be able to fully run these programs and add new sport camps during school breaks, a need often heard from community members. The addition of a .25 to this position will allow our division to serve more youth through our Athletics program. A. Issue Paper Authorize the Community Services Department, Recreation and Neighborhood Division to increase the current 0.50 FTE Recreation Specialist focused on youth athletics, to 0.75 FTE. The budget adjustment for funding this position will be incorporated into the next quarterly budget adjustment ordinance. AGEI COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE: December 10, 2018 TO: Don Persson, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: Kelly Beymer, Community Services Administrator STAFF CONTACT: Carrie Nass, Recreation and Neighborhood Division Manager SUBJECT: Request to Increase 0.5 FTE Youth Recreation Specialist to 0.75 FTE Should authorization be granted to the Community Services Department, Recreation and Neighborhood Division to increase the current 0.50 FTE Recreation Specialist focused on youth athletics, to 0.75 FTE? RECOMMENDATION: Authorize the Community Services Department, Recreation and Neighborhood Division to increase the current 0.50 FTE Recreation Specialist focused on youth athletics, to 0.75 FTE. The budget adjustment for funding this position will be incorporated into the next quarterly budget adjustment ordinance. BACKGROUND SUMMARY: Our Recreation Specialist who oversees youth athletics, Gena Woodke, is currently at 0.50 FTE. This position warrants additional hours to fully plan, market, coordinate and execute youth -related athletics (baseball, basketball, cross country, flag football, track, volleyball). With additional hours, this position will be able to fully run these programs and add new sport camps during school breaks and additional offerings for middle and high school youth, a need often communicated from our community members. The current population of youth ages 5 -18 in the City of Renton is 16,879. We currently serve approximately 1,500 youth annually through the athletic programs this Recreation Specialist oversees. We would have the capacity to serve more youth if additional hours were to be allocated to this position. The coordinator who used to oversee youth athletics was at 1.0 FTE. With our division re-org in 2017, this position was unfortunately reduced to 0.50 FTE, but demands a minimum of 0.75 FTE. This increase of 0.25 FTE #6. i) AGENDA ITEM #6, i) Don Persson, Council President 2of2 December 10, 2018 results in a fiscal impact of $20,977 in 2019 and $23,545 in 2020. Our division has had consistent savings in Intermittent Salaries over the past three years (2015: $74,393.98; 2016: $94,212.93; 2017: $61,171.27) which will cover this increase in FTE, making it budget neutral. Below is a summary of the expenditure increase to move this Recreation Specialist position from 0.50 FTE to 0.75 FTE: Projected Cost at .5 Projected Cost at .75 Increase in Cost 2019 $43,546.22 $64,523.44 $20,977.22 2020 $47,017.55 $70,563.09 $23,545.54 Intermittent Salary Savings 2015 — 2017 Actual, 2018 YTD 2015 — $74,393.98 2016 — $94,212.93 2017 — $61,171.27 cc: Jan Hawn, Administrative Services Administrator Maryjane Van Cleave, Recreation and Neighborhood Division Director Ellen Bradley-Mak, Human Resources/Risk Management Administrator Shirley Anderson, Recreation Supervisor Marc Gordon, Finance Analyst AGENDA ITEM #6. j) AB - 2290 CITY OF ----,w���Renton uJft"k SUBJECT/TITLE: King County Youth and Amateur Sports Grants for Family First Community Center RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community Services Department STAFF CONTACT: Roberta Graver, Administrative Assistant EXT.: 6604 One grant of $55,000 and one grant of $20,000 to support existing construction and installation budget for Family First Community Center. The City applied for, and was subsequently granted two "Youth and Amateur Sports — Get Active / Stay Active Project" Grants from King County Natural Resources and Parks. These grants will be used to assist in providing increased athletic opportunities through the construction of a multi -use recreation facility, the Family First Community Center. These grants will be used for construction and outfitting the facility with materials and equipment to provide youth sports and fitness programs. The King County Grant Agreement (Project #1134841/Contract #6032102) for $55,000 shall commence January 1, 2018 and sunsets on December 31, 2019, unless extended or earlier terminated, pursuant to the terms and conditions of the agreements. The King County Grant Agreement (Project #1134134/Contract #6024530) for $20,000 shall commence January 1, 2017 and sunsets on December 31, 2020, unless extended or earlier terminated, pursuant to the terms and conditions of the agreements. A. 2018 YASG AGREEMENT SIGNED 55K B. 2017 YASG AGREEMENT SIGNED 20K. Approve Agreements (Project #1134134/Contract 6024530 and Project #1134841/Contract 6032102) with King County Natural Resources and Parks. AGENDA ITEM #6. j) L-M King County Youth and Amateur Sports Grant Agreement Department/Division: Get Active / Stay Active Project Natural Resources and Parks / Parks and Recreation Division Agency: City of Renton Project: Family First Community Ctr - 2 Amount: $20,000.00 Project:1134134 Contract:6024530 Term Period: January 1.2017 To December 31.2020 THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Renton (the "Agency"), whose address is: 1055 S. Grady Way Renton, WA 98057 WHEREAS, the Agency is either a public agency or a non-profit organization that provides youth or amateur sports opportunities or are acts as a fiscal sponsor for such project; WHEREAS, King County has selected the identified Agency to receive a Youth and Amateur Sports Fund ("YASF") Grant award to assist in projects that provide increased athletic opportunities for the citizens of King County, Washington; WHEREAS, the Agency shall utilize the award to address an athletic need in King County; and WHEREAS, King County is authorized to administer the YASF grant project and enter into agreements for the use of King County funds by public agencies or not -for -profit organizations to provide a service to the public under King County Ordinance 18409; NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference: ® Scope of Services Attached hereto as Exhibit I ® Budget Attached hereto as Exhibit 11 2. TERM OF CONTRACT This Agreement shall commence on January 1, 2017, and shall expire on the December 31, 2020, unless extended or earlier terminated, pursuant to the terms and conditions of this Agreement. AGENDA ITEM #6. j) 3. PREMISES This grant project is located at: 16022 - 116th Ave. SE, Renton, WA. 98058 4. PARTIES All communication, notices, coordination, and other tenets of this Agreement shall be managed by: On behalf of County: Butch Lovelace, YSFG Project Manager King County Parks and Recreation Division 201 South Jackson Street, Suite 700 Seattle, WA 98104-3855 Email: butch.love lace Q.ki11VC0L111tY.90V Phone: 206.477.4577 On behalf of Agency: Kelly Beymer Administrator of Community Services City of Renton 1055 S. Grady Way Renton, WA 98057 Email: kbeymer@rentonwa.gov Phone: 425-430-6617 425-430-6617 5. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for satisfactory completion of the services and requirements specified in this Agreement after the Agency submits an invoice and all accompanying reports as specified in the attached exhibits. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than thirty (30) days after a complete and accurate invoice is received. B. The Agency shall submit its final invoice and all outstanding reports within fifteen (15) days of the date this Agreement expires or is terminated. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. AGENDA ITEM #6. j) OPERATING BUDGET When a budget is attached hereto as Exhibit II, the Agency shall apply the funds received from the County under this Agreement in accordance with said budget. If, at any time during the Term of this Agreement, the Agency expects that the cumulative amount of transfers among the budget categories, i.e. Project Tasks, may exceed ten percent (10%) of the Agreement amount, then the Agency shall notify County to request approval. Supporting documents necessary to explain fully the nature and purpose of the change(s) and an amended budget must accompany each request for such approval. County approval of any such amendment shall not be unreasonably withheld. 7. COMMUNICATION The Agency shall recognize County as a fiscal sponsor for the grant project in the following manner: A. Events: The Agency shall invite and recognize "King County Parks" at all events promoting the project, and at the final project dedication. B. Community Relations: The Agency shall recognize "King County Parks" as a fiscal sponsor in all social media, websites, brochures, banners, posters, press releases, and other promotional material related to the Project. 8. PRIORITY OF USE; PUBLIC ACCESS; SCHEDULING These funds are provided for the purpose of developing and/or project sports activities for, but not exclusively serving, persons under 21 years of age, and low and moderate income communities within King County. Fees for the project shall be no greater than those generally charged by public operators or project providers in King County. 9. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington (RCW) Chapter 40.14. 10. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and project records and other such records as may be deemed necessary by the County to ensure proper accounting for all Agreement funds and compliance with this Agreement. B. These records shall be maintained for a period of six (6) years after the expiration or earlier termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14. C. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Agreement, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. AGENDA ITEM #6. j) 11. RIGHT TO INSPECT King County reserves the right to review and approve the performance of Agency with regard to this Agreement, and, at its sole discretion, to inspect or audit the Agency's records regarding this Agreement and the Project upon reasonable notice during normal business hours. 12. COMPLIANCE WITH ALL LAWS AND REGULATIONS The Agency, in cooperation and agreement with the owners of the Premises, shall comply with all applicable laws, ordinances and regulations in using funds provided by the County, including, without limitation, those relating to providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA); and, to the extent applicable, those related to "public works," payment of prevailing wages, and competitive bidding of contracts. The Agency specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that King County, does not waive this Section by giving notice of demand for compliance in any instance. The Agency shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. 13. CORRECTIVE ACTI A. If the County determines that a breach of contract has occurred or does not approve of the Agency's performance, it will give the Agency written notification of unacceptable performance. The Agency will then take corrective action within a reasonable period of time, as may be defined by King County in its sole discretion in its written notification to the Agency. B. The County may withhold any payment owed the Agency until the County is satisfied that corrective action has been taken or completed. 14. TERMINATION A. The County may terminate this Agreement in whole or in part, with or without cause, at any time during the Term of this Agreement, by providing the Agency ten (10) days advance written notice of the termination. B. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County. C. Any King County obligations under this Agreement beyond the current appropriation year are conditioned upon the County Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Agreement will terminate automatically at the close of the current appropriation year. 15. FUTURE SUPPORT; UTILITIES AND SERVICE The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted for herein except as expressly set forth in this Agreement. The Agency understands, acknowledges, and agrees that the County shall AGENDA ITEM #6. j) not be liable to pay for or to provide any utilities or services in connection with the Project contemplated herein. 16. HOLD HARMLESS AND INDEMNIFICATION The Agency agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Agreement, or the Agency's exercise of rights and privileges granted by this Agreement, except to the extent of the County's sole negligence. The Agency's obligations under this Section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at the Agency's own expense; B. Indemnification of claims made by the Agency's employees or agents; and C. Waiver of the Agency's immunity under the industrial insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this Section, all such fees, expenses and costs shall be recoverable from the Agency. In the event it is determined that RCW 4.24.115 applies to this Agreement, the Agency agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"), arising out of or in any way resulting from the Agency's officers, employees, agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. A hold harmless provision to protect King County similar to this provision shall be included in all Agreements or subcontractor Agreements entered into by Agency in conjunction with this Agreement. The Agency's duties under this Section will survive the expiration or earlier termination of this Agreement. 17. INSURANCE A. Liability Insurance Requirements. Notwithstanding any other provision within this Agreement, the Agency and it subcontractors shall procure and maintain coverage and limits for no less than the following: 1. Commercial General Liability. Insurance Service "occurrence" form CG 00 01 (current edition), to include Products -Completed Operations, insurance against claims for injuries to persons or damages to property that may arise from or in connection with activities under this Agreement. The insurance coverage shall be no less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate. AGENDA ITEM #6. j) 2. Automobile Liability. If activities require vehicle usage. Insurance Services form number CA 00 01 (current edition), covering BUSINESS AUTO COVERAGE, Symbol 1 "any auto". If the grant includes the use of automobiles, the Limit of Liability shall be no less than One Million Dollars ($1,000,000) per occurrence. 3. Workers Compensation/Stop Gap. If the recipient or its contractor(s) has'have employees. Statutory Workers Compensation coverage and Stop Gap Liability for a limit no less than One Million Dollars ($1,000,000) per occurrence. 4. Professional Liability. If the grant includes the use of Professional Services. Professional Liability coverage shall be no less than One Million Dollars ($1,000,000) per claim and in the aggregate. B. If the grant involves the construction of a capital project or involves the purchase of equipment greater than Five Thousand ($5,000) in value, the Agency shall provide "All Risk" Builders Risk or Property coverage for the full replacement value of the project/property built/purchased. King County shall be listed as an additional Loss payee as our interests may appear. C. King County and its officers, officials, employees and agents shall be covered as additional insured on Agency's and its contractor(s') commercial general liability insurance and, if applicable, commercial auto liability insurance, with respect to liability arising out of activities performed by the Agency and its contractors. Additional Insured status shall include Products -Completed Operations. D. To the extent of the Agency's or its contractor's negligence, their insurance respectively shall be primary insurance with respect to the County, its officers, employees and agents. Any insurance or self-insurance maintained by the County, and its officers, officials, employees or agents shall not be subjected to contribution in favor of the Agency or its contractors insurance, and shall not benefit either in any way. The Agency's and its contractors' insurance shall apply separately to each insured against whom a claim is made or a lawsuit is brought, subject to the limits of the insurer's liability. E. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except by the reduction of the applicable aggregate limit by claims paid, until after thirty (30) days' prior written notice has been given to and change in coverage accepted by King County. F. The insurance provider must be licensed to do business in the State of Washington and maintain a Best's rating of no less than A-VIII. Within five (5) business days of County's request, Agency must provide a Certificate of Insurance and Additional Insured Endorsement(s) (CG 20 10 11/85 or its equivalent) to the County. The Agency shall be responsible for the maintenance of their contractors' insurance documentation. G. If the Agency is a municipal corporation or an agency of the State of Washington and is self -insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. H. The Agency's duties under this Section shall survive the expiration or earlier termination of this Agreement. The Agency understands, acknowledges and agrees that for the relevant period of public use set forth in Section 8, the Agency shall maintain AGENDA ITEM #6. j) insurance and name the County as an additional insured, all of which shall be consistent with the requirements of this Section. 18. ANTI -DISCRIMINATION King County Code chapters 12.16, 12.17 through 12.18 apply to this Agreement and are incorporated by this reference as if fully set forth herein. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, religion, national origin, sexual orientation, gender identity or expression, marital status or the presence of any sensory, mental, or physical disability unless based upon a bonafide occupational qualification, or age except by minimum age and retirement provisions, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off, or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, religion, sexual orientation, gender identity or expression, age (except minimum age and retirement provisions), marital status, or the presence of any sensory, mental, or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension in whole or in part of this Agreement by King County and may result in ineligibility for further King County agreements. [Community Partner Name] shall also comply with all applicable anti- discrimination laws or requirements of any and all jurisdictions having authority. 19. CONFLICT OF INTEREST KCC Chapter 3.04 (Employee Code of Ethics) is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency to comply with any requirement of said KCC Chapter shall be a material breach of contract. 20. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 21. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND OWNF.RM41P A. As between the County and the Agency, the Agency shall be responsible to operate and maintain the completed project at its own sole expense and risk. The Agency shall maintain the completed project in good working condition consistent with applicable standards and guidelines. The Agency understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the project in any way. B. The Agency shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. C. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Agreement funds. The Agency's duties under this Section shall survive the expiration of this Agreement. AGENDA ITEM #6. j) 22. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing, and directed to the person specified in Section 4 of this Agreement. Any such notice shall be deemed to have been given on the date of delivery, if mailed, on the third (3rd) business day following the date of mailing; or, if sent by fax, on the first (1st) business day following the day of delivery thereof by fax. Notice sent solely by e-mail shall be deemed to have been given on the date of transmission. Either party may change its address, fax number, email address, or the name of the person indicated as the recipient by notice to the other in the manner aforesaid. 23. ASSIGNMENT The Agency shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. The Agency must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment. 24. CONTRACT AMENDMENTS This Agreement together with the attached exhibits expressly incorporated herein by reference and attached hereto shall constitute the whole Agreement between the Parties. Either party may request changes to this Agreement. No modifications or amendment of this Agreement shall be valid or effective unless evidenced by an Agreement in writing signed by the Parties. 25. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. 26. TAXES The Agency agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Agency to contest any such tax, and the Agency will not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. 27. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT This Agreement is made in and will be in accordance with the laws of the State of Washington, which will be controlling in any dispute that arises hereunder. Actions pertaining to this Agreement will be brought in King County Superior Court, King County, Washington. 28. PARAGRAPH HEADINGS The paragraph headings contained herein are only for convenience and reference and are not intended to be a part of this Agreement or in any manner to define, limit, or describe the scope or intent of this Agreement or the particular paragraphs to which they refer. AGENDA ITEM #6. j) 29. PUBLIC DOCUMENT This Agreement will be considered a public document and will be available for inspection and copying by the public. 30. LEGAL RELATIONS Nothing contained herein will make, or be deemed to make, the County and the Agency a partner of one another, and this Agreement will not be construed as creating a partnership or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 31. SINGULAR AND PLURAL Wherever the context will so require, the singular will include the plural and plural will include the singular. 32. PERMITS AND LICENSES The Agency shall design, develop and construct the Project in accordance will all applicable laws and regulatory requirements including environmental considerations, permitting determinations, and other legal requirements. All activities and improvements shall be performed by Agency at its sole expense and liability. The Agency shall, at its sole cost and expense, apply for, obtain and comply with all necessary permits, licenses and approvals required for the Project, 33. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Agency. 34. POLICE POWERS OF THE COUNTY Nothing contained in this Agreement will diminish, or be deemed to diminish, the governmental or police powers of the County. 35. ENTIRE AGREEMENT This Agreement, including its attachments, constitutes the entire Agreement between the County and the Agency. It supersedes all other agreements and understandings between them, whether written. oral or otherwise. KING COUNTY City of Renton FOR King County Executive Signatu��e,&OHE - — 6M fiyn mJ4S � Date NAME (Please type or print), Title �1�g Date AGENDA ITEM #6. j) La. King County Youth and Amateur Sports Grant Agreement Get Active / Stay Active Project Department/Division: Natural Resources and Parks / Parks and Recreation Division Agency: Cityof Renton Project: Family First Community Center Amount: $55,000.00 Project:1134841 Contract:6032102 Term Period: January 1, 2018 To December 31, 2019 THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Renton (the "Agency"), whose address is 1055 S. Grady WayRenton, WA 98057 WHEREAS, the Agency is either a public agency or a non-profit organization that provides youth or amateur sports opportunities or are acts as a fiscal sponsor for such project; WHEREAS, King County has selected the identified Agency to receive a Youth and Amateur Sports Fund ("YASF") Grant award to assist in projects that provide increased athletic opportunities for the citizens of King County, Washington; WHEREAS, the Agency shall utilize the award to address an athletic need in King County; and WHEREAS, King County is authorized to administer the YASF grant project and enter into agreements for the use of King County funds by public agencies or not -for -profit organizations to provide a service to the public under King County Ordinance 18409; NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: 2 The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference: ® Scope of Services Attached hereto as Exhibit I ® Budget Attached hereto as Exhibit II TERM OF CONTRACT This Agreement shall commence on January 1, 2018, and shall expire on the December 31, 2019, unless extended or earlier terminated, pursuant to the terms and conditions of this Agreement. AGENDA ITEM #6. j) 3. PREMISES This grant project is located at: 16022 - 116th Ave. SE, 4. PARTIES All communication, notices, coordination, and other tenets of this Agreement shall be managed by: On behalf of County: Butch Lovelace, YSFG Project Manager King County Parks and Recreation Division 201 South Jackson Street, Suite 700 Seattle, WA 98104-3855 Email: butch.lovelaceea kingcounth.gov Phone: 206.477.4577 On behalf of Agency: Kelly Beymer, Administrator of Community Services 1055 S. Grady Way Renton, WA 98057 Email: kbeymer@rentonwa.gov Phone: 425-430-6617 5. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for satisfactory completion of the services and requirements specified in this Agreement after the Agency submits an invoice and all accompanying reports as specified in the attached exhibits. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than thirty (30) days after a complete and accurate invoice is received. B. The Agency shall submit its final invoice and all outstanding reports within fifteen (15) days of the date this Agreement expires or is terminated. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. 6. OPERATING BUDGET When a budget is attached hereto as Exhibit II, the Agency shall apply the funds received from the County under this Agreement in accordance with said budget. If, at any time during the Term of this Agreement, the Agency expects that the cumulative amount of transfers among the budget categories, i.e. Project Tasks, may exceed ten percent (10%) of the Agreement amount, then the Agency shall notify County to request approval. Supporting documents necessary to explain fully the nature and purpose of the change(s) and an amended AGENDA ITEM #6. j) budget must accompany each request for such approval. County approval of any such amendment shall not be unreasonably withheld. 7. COMMUNICATION The Agency shall recognize County as a fiscal sponsor for the grant project in the following manner: A. Events: The Agency shall invite and recognize "King County Parks" at all events promoting the project, and at the final project dedication. B. Community Relations: The Agency shall recognize "King County Parks" as a fiscal sponsor in all social media, websites, brochures, banners, posters, press releases, and other promotional material related to the Project. PRIORITY OF USE; PUBLIC ACCESS; SCHEDULING These funds are provided for the purpose of developing and/or project sports activities for, but not exclusively serving, persons under 21 years of age, and low and moderate income communities within King County. Fees for the project shall be no greater than those generally charged by public operators or project providers in King County. 9. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington (RCW) Chapter 40.14. 10. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and project records and other such records as may be deemed necessary by the County to ensure proper accounting for all Agreement funds and compliance with this Agreement. B. These records shall be maintained for a period of six (6) years after the expiration or earlier termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14. C. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Agreement, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. 11. RIGHT TO INSPECT King County reserves the right to review and approve the performance of Agency with regard to this Agreement, and, at its sole discretion, to inspect or audit the Agency's records regarding this Agreement and the Project upon reasonable notice during normal business hours. 12. COMPLIANCE WITH ALL LAWS AND REGULATIONS The Agency, in cooperation and agreement with the owners of the Premises, shall comply with all applicable laws, ordinances and regulations in using funds provided by the County, AGENDA ITEM #6. j) including, without limitation, those relating to providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA); and, to the extent applicable, those related to "public works," payment of prevailing wages, and competitive bidding of contracts. The Agency specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that King County, does not waive this Section by giving notice of demand for compliance in any instance. The Agency shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. 13. CORRECTIVE ACTION A. If the County determines that a breach of contract has occurred or does not approve of the Agency's performance, it will give the Agency written notification of unacceptable performance. The Agency will then take corrective action within a reasonable period of time, as may be defined by King County in its sole discretion in its written notification to the Agency. B. The County may withhold any payment owed the Agency until the County is satisfied that corrective action has been taken or completed. 14. TERMINATION A. The County may terminate this Agreement in whole or in part, with or without cause, at any time during the Term of this Agreement, by providing the Agency ten (10) days advance written notice of the termination. B. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County. C. Any King County obligations under this Agreement beyond the current appropriation year are conditioned upon the County Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Agreement will terminate automatically at the close of the current appropriation year. 15. FUTURE SUPPORT; UTILITIES AND SERVICE The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted for herein except as expressly set forth in this Agreement. The Agency understands, acknowledges, and agrees that the County shall not be liable to pay for or to provide any utilities or services in connection with the Project contemplated herein. 16. HOLD HARMLESS AND INDEMNIFICATION The Agency agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Agreement, or the AGENDA ITEM #6. j) Agency's exercise of rights and privileges granted by this Agreement, except to the extent of the County's sole negligence. The Agency's obligations under this Section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at the Agency's own expense; B. Indemnification of claims made by the Agency's employees or agents; and C. Waiver of the Agency's immunity under the industrial insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this Section, all such fees, expenses and costs shall be recoverable from the Agency. In the event it is determined that RCW 4.24.115 applies to this Agreement, the Agency agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"), arising out of or in any way resulting from the Agency's officers, employees, agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. A hold harmless provision to protect King County similar to this provision shall be included in all Agreements or subcontractor Agreements entered into by Agency in conjunction with this Agreement. The Agency's duties under this Section will survive the expiration or earlier termination of this Agreement. 17. INSURANCE A. Liability Insurance Requirements. Notwithstanding any other provision within this Agreement, the Agency and it subcontractors shall procure and maintain coverage and limits for no less than the following: 1. Commercial General Liability. Insurance Service "occurrence" form CG 00 01 (current edition), to include Products -Completed Operations, insurance against claims for injuries to persons or damages to property that may arise from or in connection with activities under this Agreement. The insurance coverage shall be no less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate. 2. Automobile Liability. If activities require vehicle usage. Insurance Services form number CA 00 01 (current edition), covering BUSINESS AUTO COVERAGE, Symbol 1 "any auto". If the grant includes the use of automobiles, the Limit of Liability shall be no less than One Million Dollars ($1,000,000) per occurrence. 3. Workers Compensation/Stop Gap. If the recipient or its contractor(s) has have employees. Statutory Workers Compensation coverage and Stop Gap Liability for a limit no less than One Million Dollars ($1,000,000) per occurrence. AGENDA ITEM #6. j) 4. Professional Liability. If the grant includes the use of Professional Services. Professional Liability coverage shall be no less than One Million Dollars ($1,000,000) per claim and in the aggregate. B. If the grant involves the construction of a capital project or involves the purchase of equipment greater than Five Thousand ($5,000) in value, the Agency shall provide "All Risk" Builders Risk or Property coverage for the full replacement value of the project/property built/purchased. King County shall be listed as an additional Loss payee as our interests may appear. C. King County and its officers, officials, employees and agents shall be covered as additional insured on Agency's and its contractor(s') commercial general liability insurance and, if applicable, commercial auto liability insurance, with respect to liability arising out of activities performed by the Agency and its contractors. Additional Insured status shall include Products -Completed Operations. D. To the extent of the Agency's or its contractor's negligence, their insurance respectively shall be primary insurance with respect to the County, its officers, employees and agents. Any insurance or self-insurance maintained by the County, and its officers, officials, employees or agents shall not be subjected to contribution in favor of the Agency or its contractors insurance, and shall not benefit either in any way. The Agency's and its contractors' insurance shall apply separately to each insured against whom a claim is made or a lawsuit is brought, subject to the limits of the insurer's liability. E. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except by the reduction of the applicable aggregate limit by claims paid, until after thirty (30) days' prior written notice has been given to and change in coverage accepted by King County. F. The insurance provider must be licensed to do business in the State of Washington and maintain a Best's rating of no less than A-VIII. Within five (5) business days of County's request, Agency must provide a Certificate of Insurance and Additional Insured Endorsement(s) (CG 20 10 11/85 or its equivalent) to the County. The Agency shall be responsible for the maintenance of their contractors' insurance documentation. G. If the Agency is a municipal corporation or an agency of the State of Washington and is self -insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. H. The Agency's duties under this Section shall survive the expiration or earlier termination of this Agreement. The Agency understands, acknowledges and agrees that for the relevant period of public use set forth in Section 8, the Agency shall maintain insurance and name the County as an additional insured, all of which shall be consistent with the requirements of this Section. 18. ANTI -DISCRIMINATION King County Code chapters 12.16, 12.17 through 12.18 apply to this Agreement and are incorporated by this reference as if fully set forth herein. In all hiring or employment made AGENDA ITEM #6. j) possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, religion, national origin, sexual orientation, gender identity or expression, marital status or the presence of any sensory, mental, or physical disability unless based upon a bonafide occupational qualification, or age except by minimum age and retirement provisions, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off, or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, religion, sexual orientation, gender identity or expression, age (except minimum age and retirement provisions), marital status, or the presence of any sensory, mental, or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension in whole or in part of this Agreement by King County and may result in ineligibility for further King County agreements. [Community Partner Name] shall also comply with all applicable anti -discrimination laws or requirements of any and all jurisdictions having authority. 19. CONFLICT OF INTEREST KCC Chapter 3.04 (Employee Code of Ethics) is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency to comply with any requirement of said KCC Chapter shall be a material breach of contract. 20. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 21. PROJECT MAINTENANCE: EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. As between the County and the Agency, the Agency shall be responsible to operate and maintain the completed project at its own sole expense and risk. The Agency shall maintain the completed project in good working condition consistent with applicable standards and guidelines. The Agency understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the project in any way. B. The Agency shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. C. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Agreement funds. The Agency's duties under this Section shall survive the expiration of this Agreement. 22. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing, and directed to the person specified in Section 4 of this Agreement. AGENDA ITEM #6. j) Any such notice shall be deemed to have been given on the date of delivery, if mailed, on the third (3rd) business day following the date of mailing; or, if sent by fax, on the first (1st) business day following the day of delivery thereof by fax. Notice sent solely by e-mail shall be deemed to have been given on the date of transmission. Either party may change its address, fax number, email address, or the name of the person indicated as the recipient by notice to the other in the manner aforesaid. 23. ASSIGNMENT The Agency shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. The Agency must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment. 24. CONTRACT AMENDMENTS This Agreement together with the attached exhibits expressly incorporated herein by reference and attached hereto shall constitute the whole Agreement between the Parties. Either party may request changes to this Agreement. No modifications or amendment of this Agreement shall be valid or effective unless evidenced by an Agreement in writing signed by the Parties. 25. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. 26. TAXES The Agency agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Agency to contest any such tax, and the Agency will not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. 27. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT This Agreement is made in and will be in accordance with the laws of the State of Washington, which will be controlling in any dispute that arises hereunder. Actions pertaining to this Agreement will be brought in King County Superior Court, King County, Washington. 28. PARAGRAPH HEADINGS The paragraph headings contained herein are only for convenience and reference and are not intended to be a part of this Agreement or in any manner to define, limit, or describe the scope or intent of this Agreement or the particular paragraphs to which they refer. AGENDA ITEM #6. j) 29. PUBLIC DOCUMENT This Agreement will be considered a public document and will be available for inspection and copying by the public. 30. LEGAL RELATIONS Nothing contained herein will make, or be deemed to make, the County and the Agency a partner of one another, and this Agreement will not be construed as creating a partnership or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 31. SINGULAR AND PLURAL Wherever the context will so require, the singular will include the plural and plural will include the singular. 32. PERMITS AND LICENSES The Agency shall design, develop and construct the Project in accordance will all applicable laws and regulatory requirements including environmental considerations, permitting determinations, and other legal requirements. All activities and improvements shall be performed by Agency at its sole expense and liability. The Agency shall, at its sole cost and expense, apply for, obtain and comply with all necessary permits, licenses and approvals required for the Project, 33. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Agency. 34. POLICE POWERS OF THE COUNTY Nothing contained in this Agreement will diminish, or be deemed to diminish, the governmental or police powers of the County. 35. ENTIRE AGREEMENT This Agreement, including its attachments, constitutes the entire Agreement between the County and the Agency. It supersedes all other agreements and understandings between them, whether written, oral or otherwise. KING COUNTY City Iton FOR King County Executive Signature Date NAME (Please type or pr nt), Title Date AGENDA ITEM #6. k) AB - 2296 C[TY OF -----wwwo�Renton uOl"' SUBJECT/TITLE: Addendum 10-18 to Lease Agreement LAG 001-87 with the Boeing Employees Flying Association RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Casey Boatman, Airport Business Coordinator EXT.: 7478 The annual income from Addendum 10-18 to LAG 001-87 with the Boeing Employees Flying Association for the additional 24,067 square feet, calculated at $0.77 per square foot per year will be $18,531.59. The Boeing Employees Flying Association (BEFA) is requesting to lease parcel 846, which is contiguous to their current leased parcel at 840 West Perimeter Road. BEFA previously leased this parcel and turned it back to the City in June 2010. With improved economic conditions, they are looking to expand their operations by increasing their ramp space. Addendum 10-18 adds the square footage of parcel 846 consisting of 24,067 square feet. This area is referred to as the "North Tie Downs." The addition of parcel 846 increases BEFA's leased area under LAG-001-87 from 95,493 square feet to 119,560 square feet. A. Parcel 846 Lease Area Map B. Addendum 10-18 Authorize the Mayor and City Clerk to execute Addendum 10-18 to Lease Agreement LAG 001-87 with the Boeing Employees Flying Association to increase their leased square footage by 24,067 square feet. AGENDA ITEM #6. k) 2018. LAG 001-87 Addendum 10-18 ADDENDUM TO LEASE AGREEMENT (City of Renton to Boeing Employees Flying Association Inc.) THIS ADDENDUM No. 10 to Lease Agreement LAG 001-87 is effective October 1, RECITALS: WHEREAS, Boeing Employees Flying Association Inc. ("BEFA" or "Lessee") has a lease agreement with the City of Renton ("Lessor"), LAG-001-87, executed on January 1, 1987, and as subsequently amended (the "Lease"); and WHEREAS, pursuant to Addendum #8-10 an area of land known as "Parcel 846" (and also sometimes referred to as the "north tiedowns") which is 24,067 square feet in area was removed from the Lease's premises reducing the total leased area from 119,560 square feet to 95,493 square feet; and WHEREAS, pursuant to Addendum #8-10's removal of Parcel 846, the leased area consisted of 95,493 square feet, with 88,757 square feet of that total leased at 100% of the ground rental rate, and 6,736 square feet of that total leased at 50% of the ground rental rate due to its nature as a joint use driveway area; and WHEREAS, pursuant to Addendum #9-15, the ground rental rate was increased to $0.7252 per square foot per year for the period from June 1, 2015 through December 31, 2019; and WHEREAS, subsequent to Addendum #9-15, the Airport -wide ground rental rate was increased to $0.77 per square foot per year; and WHEREAS, Lessor and Lessee now desire to add the 24,067-square foot Parcel 846 back to the Lease at 100% of the existing ground rental rate of $0.77 per square foot per year effective October 1, 2018. NOW, THEREFORE, IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN CONTAINED AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, LESSOR AND LESSOR AGREE TO AMEND THE LEASE, LAG 001-87 AS AMENDED, AS SET FORTH BELOW: Lease Agreement LAG 001-87 City of Renton to Boeing Employees Flying Association Inc. AGENDA ITEM #6. k) LAG 001-87 Addendum 10-18 WITNESSETH: 1. The Lessor and Lessee do hereby agree to an increase in the total leased square footage from 95,493 square feet to 119,560, based on the survey legal description and lease maps that were originally attached to Addendum 8-10 to LAG 001-98 and which are reattached to this Addendum 10-18 as "Exhibit A." 2. The Lessor and Lessee do hereby agree to annual land rent calculated as follows: 88,757 square feet at $0.7252 per square foot per year = $64,366.58; Plus, 6,736 square feet at $0.36 per square foot per year = $2,424.96; Plus, 24,067 square feet at $0.77 per square foot per year = $18,531.59. 3. The Lessor and Lessee do hereby agree to amend Section 2 of LAG 001-87 to provide an annual land rent of Eighty -Five Thousand Three Hundred Twenty -Three and 13/100 Dollars ($85,323.13) (Calculation: $64,366.58 + $2,424.96 + $18,531,59), PLUS leasehold excise tax, effective October 1, 2018 through December 31, 2019. 4. All other terms and conditions of the original Lease Agreement and Amendments thereto, insofar as they are not inconsistent herewith, shall remain in full force and effect. Boeing Employees Flying Association Inc., CITY OF RENTON a Was_Wngton corporayon .41 a Washington municipal corporation PrintedrN:,LZ -4N Zk5�Denis Law Title: ;L't'deroy Mayor Date: ?%9 Z/ Date: Attest: Jason Seth, City Clerk Approved as to form: Shane Moloney, City Attorney Lease Agreement LAG 001-87 2 City of Renton to Boeing Employees Flying Association Inc. AGENDA ITEM #6. k) 14 99' S:74'53'4! Exhibit A 4.1 C,; ' 170 10' SCALE 25211,17"W . ----� 154 17' 50 0 0 PARCEL 545 24,066 9q fi .-RS eTA: i INCH = IDU tT 055 ACRES 52.0 82 C9' __- i 1i Ss71 ;31'17•E -s� r r co,p € � ❑ � , F s Cq�I 1 g I I L2 1, 33t 27 PORT BElJ'IYIVLlYIi74t L.ri LINELENGTI4 BEARING LI 37 ' D 5' L2 0 fi7' S55'30'45'E PARCEL 540 a LJ 10.5 _g N'7'3 "E Z r ^'.S i -i LS 4. m79_43' NCO'tO'45'1V 22.DO' LB Npt'S4Y8'w ,� 341.01 ^; -- - J. - Sea;�o:so m I ! CURVE TA&LE z tin o a tb CURVE RADtIJ5 aELTA LENGTH I n o V CI Y2W' SQ3']8' 44.59' 1° rV LJT D Lam.+ a � U PARCEL a20 C ND _ N �z I CENMR WE REMWAY SECTIOTJ LJNE OUAAIER SECTION UNE ._ LEASE ME woo. m FQUAJO OUARTER E.FCTLOPJ COATIER e-90oD SECTION, CORNER n CALCULAtO POSTRCM, NOT SET OR FOUND LIMESS HOMO LLVAt DESCRJPI711N_ THAT PF+i9CN OT rHE LHGRIHYF'Sr QUA9IER or SECT[LN 7, T011NSHfF 2.5 NORM RAArE 5 EAST, Wv, W rHE are Or Riw%(I" K.'NC COUNTY WAS'L'AHCFDN Cr CNEEa AS FOLLOWS COMAJENCING AT RUNWAY STA RWJ D+DO OF THE CITY CF RENTON AIRPORT, AS SHOWN O'J SHEET 2 OF 5 OF THAT RECORD OF SURVEY RECORDED UNDER KWC COUNTY RECORO'NG No, 200O03T49Ct4:4I, SEWS MARKED BY A RECAP AND CAP. THENCE N04'49'43'W, ALONG THE CENIERLJNE 4F THE EXTSnNC RUNIVAY AS SHORN ON SAID SLIRVEY, A DISTANCE OF 4.22254 FE7. THENCE 9851 01?'IV. A 015TANCE OF 391.01 FEET; THENCE N04-49'43'W. A DISTANCE OF 27B F2 FEFT TV THE PEXHT OF VECINNING, THENCE CCHIINLWIC N04'49'43'IY, A INSTANCE OF 52 04 FEET, ntENCE 5857017'W, A O(SrANCE OF 154.17 FEET, THENCE H0449'43'14 A DISTANCE OF 40.00 FTET; THENCE 5a330'r7 W. A DISTANCE OF 17010 FEET, THENCE SO4'3343'W, A DISTANCE OF TA,99 FEET ]HENCE SOV31'17E A DISTANCE OF 77.39 FEEr. THENCE N95%0'17'E, A &'STANCE OF J31 27 FEFF 10 RHE FCWJT OF BECINMAIC Cp'JTAiNSNC w4.M SCUARE FEEF OR 0.55 ACM9. MC41E OR LE55 gagtaLl- S. 2L.14 iUN PY F+� -4 4 BASIS M BEARINGS 45 RHE C6grERWE OF THE RENTON AIRPORT RUNWAY, BEARRTC IYDNC ND4'49'4J'W ALL PAIVAP,Y MEASGRE}JENT EQUIPMENT UTILIZED HAS BEEN COMPARED AND ADJUSTED TO A NA iMAL CEOOZj1C SURVEY CALIBRATED RASELINC. AIT+t T/E LAST YEAR EAZE f �j+j- LEGAL QESI;�WELIQN RLPMA Y 040 R/C A 2206 J'OOT L9WC EASVXNT HAMM II 07 FEET ON EACH SLOE OF INE N FOLL0MINO CESCNJ4 „W CENrMAQ 5N THAT POR)11W W rrlr IVCR7HkESF QUARTER Or S CROIJ 7. TOIIHIa4IP 23 NM-M - PAIJGE 5 EAST W.Y. 1H THE CITY Or R-INT71. RWIT COUNTY. WA"lGTON JTE5CRRTEO AS FCLLoas-, ST COMMENCING AT P4,01WAY STA71CYJ O+OO OF THE 01Y OF RENTON NRPORr, AS SHOWN ON SHEET 2 Or 0 OF THAT RECORD OF SORMY RECOROEO O UNDER WNG COUNTY RECORDING NO 2D0MO314900M01, BEING MARKED BY A j REBAR AMP CAP. THENCE 1J04'49'43'N; ALONG THE CENFERLINE IN, THE ' EAYSTUWG RUNWAY AS 5F40M4 ON SAW SVRVC ,, A INSTANCE OF 4.272 54 .'E Fur,, ; THENCE sw-w. w. A GSTANCE OF 39I�01 F=.r ' THENCE 584'5OBO-W,, A DISTANCE OF 357.04 FEET. THENCE 502105'50_W. A OIST.WCE OF 370 FEET TO THE 6FGWt xG OF CENTERLHNE THENCE SI630'45'E A DISTANCE OF 0.57 FEET rO A TANGENT CURT£ TO THE LEFT HAVING A RADIUS OF MOD FEET. THENCE ALONC EJ40 CURVE THROUCH A CENTRAL ANGLE OF 851Q9'J8' AM AN ARC DISTANCE OF 44.59 FEEL:" THENCE NOI17WJ6'E, A DI5TANCE OF 1005 FEET, THENCE 000'49r25E. A DISTANCE Or 117.13 FF£T; THENCE NO010'45`1Y" A DISTANCE OF 5430 FEET; THENCE NOI t5418'W. A INSTANCE OF 7943 FEET TO THE SOUTH LME Cr THE PREWOUSLY DESCRIBED PARCEL. AND THE TERMINUS OF SAID CENTFEPLINE THE S10ELINES OF SAID 22 00 FOOT %TIE FASELIENT ARE TO BF LENGrN&4fO OR SHORTEFTEO AS TO TERWUATE AT THE SOBRf LWE OF W-- PREVIOUSLY OESCRIVEO PARCEL AND THE IWST LODE OF PARCELS 240 AM 820 C4WTAJNNL rA736 SOUAqE FIEF YORE OR LESS CITYOFi ENMN B-16 WEST PERfMETER ROAD w" TcfiC W� =1LbP Cm11Y /.64U� �,yra AGENDA ITEM #6. k) .�• N04'A9'4J'W 170.f0' 5g�7o17-W lS+,t7 1 u.99' yyD 17'w swmr4,5 w f _v PARCEL 846 331.17' f S8510'17'W I 8209' sQt7r'rYE imNT Cq{►AYiNG D. 73E sq.IL � � m f a i PARCEL 640 9�49J sq.rL 1 I� Z19 ACRES 1 '� 4 NIII S20o' L f PX WA SCALE 0 . so rao f RV) 1 INCH - 100 FT REM WYNAM :•: ,� 391.01' POINT J CtlRW S E N i BEGINNING 1 = Ra0ttA4 TA c j � 1r PARCEL B20 ` 1 I 1 S2 RI.Wl-,"4 0 D+oO Rm v ( EGAL DESCRIPTION NQJ bur PORTION D� txE NDatxnEar GUAaLTR D� 7 ro Gw zl NO M »¢ a►Y 8r RENTO+I, IQt10 GOtk11Y kA9611(nO4 BASIS OF BEARINCS IS THE CENTEX&E OF ARE RfMON AiI WT i74WwAY. AS•l w6 BF.ARWC A182 N04Y94J'W. �17 RtWMY S191ZW0+00-OF THE LxTY OF R&nW AUVOW.. ALL PI�INRY 4RRT�iFIT tT2UrP3tQtT UitU�S1.N68�EiH CGY2 ID A HATIWl Lt C aaEift SURIEY CAllBRAJED BASQYtL KnhW AS W 99W 7 OF 8 OF THAT RtT M of SURN rr RECZ0 UX LAEO tT1E usT YEAR. LNJ M)= COLIAITY RECQWW17 Na 7D000.M46MOOL SWIG 8 RKW BY A RtE1AR AND DAP, THENCE M#4v'4^ ALONG TE OF THE 'i� RVNriAY AS SHOKN ON SAID SU?VCY A INSTAN Gf 4,2723+ rNWCF S0107'w• A SWANOE Or 391.03 FEET TG ME POYWT OF BEOO+I MQ Q ?rR• TFIWX ND+'49'4XK A DOUNOfi OF MIZ RDM TN&W SAPIO'17'P/. A OISTANLY' OF =.17 FEET, M04CE S0I'J?'I `. A USTANM Gr B209 FRIM THFNCE 0010 5'W. A 0L4iANX OF 9608 F3St'I THENCE SOt96WN A DISTANCE OF 11DB.Y7 FEM Z&M "WWI A WBGtNLE OF m7m FEET 7G THE PWfr Do ttHYAJNWC D.S47.1 WOW FEET OR 119 AMM MORE DR := Lc=p fi7 mR Lm RrWYNY Srcmw (WE OLUR ES SEOTIGN Loa LENS LIM 0•0-4 FWKD WARIER SECIM Omvw FOUND WD110N CWJCER o CALMYA7fD POSrWK R07 SEr 0A F17LM tAiD.� F m TEE— MYOFIRSWON 840 VVEST PERIMETER ROAD AGENDA ITEM #6. k) AGENDA ITEM #6. k) City of Renton Renton Airport Project 036308 Apri123, 2010 Boeing Employees Flying Association (BEFA) Lease That portion of the northwest quarter of Section 7, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington, described as follows: COMMENCING at Runway Station 0+00 of the*City of Renton Airport, as shown on Shoat 2 of 6 of that Record of Survey recorded under king County recording no. 20000314900001, being marked by a robar and cap, thence N04°49143'V, along the centerline ofthe eidsting runway as shown on said smvey, a distance of 4,272.54 feet; Thenoo S85° 10' 1T'W & distance of 391.01 feet to the POINT OF BEGINNING; Thence S84050150"W a distance of 357.04 foot; Thence NO2°05'50'B a distanco of 109.27 feet; Thence N00°10'25"E a distance of 90.06 feet; Thence N01°31'17"W a distance of 159AS feet; Thence N04°S3'45'B a distanoo of 14.99 feat; Thence N85°10'1T7. a distance of 170.10 fbet; Thence SO4°49'43 "B a distance of 40.00 feet; Theaoe N85°10' 17"E a distance of 154.17 feat; Thenco SO4°49'43'B a distance of 330.16 foot to the POINT OF BEG NING. Contains 119,560 square feet, more or less (2.74 acres) AB - 2297 AGENDA ITEM #6. 1) C[TY OF -----wwwo�Renton uOl"' SUBJECT/TITLE: RECOMMENDED ACTION DEPARTMENT: STAFF CONTACT: EXT.: Lease Agreement LAG 19-001 with Rainier Flight Service, LLC Refer to Transportation (Aviation) Committee Transportation Systems Division Casey Boatman, Airport Business Coordinator 7478 Execution of LAG 19-001 between Rainier Flight Service, LLC and the City will have an economic impact of at least $156,117.60, with scheduled increases based on the Consumer Price Index (CPI) adjustments and an appraisal to determine the value of the 800 parcel. This is an annual increase of $3,508.51 from the current lease structure of both parcels. In addition the lease includes language that provides a lump sum payment to the City, upon demolition of 800 building, if appropriate. (Refer to lease section V.) Rainier Flight Service, LLC (Rainier) has two current leases with the City. Lease Agreement LAG 14-005 is for the 800 parcel and Lease Agreement LAG 15-005 is for the 820 parcel. Rainier's flight school and related operations are housed within the existing structure of the 800 parcel. Rainier leased the vacant 820 parcel back to the City through May 31, 2019, which subleased the 820 parcel to The Boeing Company for the leaseback period. Rainier would like to expand its operation and has proposed to proceed on a single lease covering both the 800 and 820 parcels. As provided for in the new lease, Rainier and City staff mutually desire to see the 800 parcel redeveloped by demolishing the existing building and constructing a new hangar for storage and aircraft management. Rainier and staff also mutually desire to see the 820 parcel developed to include a single large combination hangar and office building with a landside parking lot and adequate ramp space for parked aircraft. While Rainier plans to use the improvements on the 800 and 820 parcels in unison to their operation during the lease, the improvements to the 800 and 820 parcels will be legally and physically segregable at the term of the lease. The term of this lease will be 30 years initially with an option to extend up to 10 additional years if established milestones are reached, as agreed upon by all parties (refer to Appendix 1). The term of the lease will commence on June 1, 2019, the day after the 820 parcel sublease ends. Existing leases LAG 14-005 and LAG 15-005 will need to be terminated effective May 31, 2019. Additional language has been added to the Rainier lease that includes provisions which address the conditional requirements of any future proposed structure(s) on parcels 800 and 820. A. Issue Paper AGENDA ITEM #6. 1) B. Conceptual Drawings C. Lease Agreement LAG 19-001 D. Appendix 1 1. Authorize the Mayor and City Clerk to execute Lease Agreement LAG 19-001 with Rainier Flight Service, Inc. for a 30-year term which contains conditional provisions for redevelopment of the 800 and 820 parcels. 2. Authorize the Mayor and City Clerk to terminate existing Rainier Flight Service, Inc. lease agreements LAG 14-005 and LAG 15-005 effective May 31, 2019. AGEN #6. 1) PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: December 20, 2018 TO: Don Persson, City Council President Members of the City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman, Public Works Department Administrator STAFF CONTACT: Casey Boatman, Business Coordinator ext. 7478 SUBJECT: Lease Agreement LAG 19-XXX with Rainier Flight Service, LLC ISSUE: 1. Should Council authorize the Mayor and City Clerk to execute Lease Agreement LAG 19-XXX with Rainier Flight Service, Inc. for a 30-year term which contains conditional provisions for redevelopment of the 800 and 820 parcels? 2. Should Council authorize the Mayor and City Clerk to terminate the existing Rainier Flight Service, Inc. lease agreements LAG 14-005 and LAG 15-005 effective May 31, 2019? RECOMMENDATION: 1. Authorize the Mayor and City Clerk to execute Lease Agreement LAG 19-XXX with Rainier Flight Service, Inc. for a 30-year term which contains conditional provisions for redevelopment of the 800 and 820 parcels. 2. Authorize the Mayor and City Clerk to terminate the existing Rainier Flight Service, Inc. lease agreements LAG 14-005 and LAG 15-005 effective May 31, 2019. BACKGROUND SUMMARY: In the past long-term leases were approved for development at the Airport. However on more than one occasion, the proposed development resulted in buildings that were aesthetically and functionally different than the proposal indicated and varied conceptually compared to what the City had approved. The City is insisting future AGENDA ITEM #6. 1) Renton City Council Page 2 of 4 December 20, 2019 developments are guaranteed to prevent tenants and developers from fundamentally changing concepts and designs after City approval is granted. The Airport and Rainier Flight Service, LLC (Rainier) are in agreement to combine the 800 and 820 parcels and develop these parcels over time. The City had the following concerns over whether or not the proposed building(s) on the parcels will adequately meet the City's aesthetic requirements: 1. Will the building(s) that Rainier constructs be aesthetically appealing and meet City design codes? 2. How will Rainier give the City assurances that what they propose will in fact be the final constructed product? Rainier would like to combine their current leases as listed below into one agreement: 1. Lease Agreement LAG 14-005 for the 800 parcel and serves as Rainier's flight school and operations. This lease expires September 2024. 2. Lease Agreement LAG 15-005 for the 820 parcel was leased back to the City by Rainier. The City subleased this parcel to The Boeing Company through May 31, 2019. This lease expires May 2050. The purpose of combining the parcels into a single lease is to mitigate issues that may prevent efficient use of the space during future development. The new lease would combine the parcels for the duration of the lease, but at the end of the lease the parcels must be returned to a segregable condition. As provided for in the combined lease, Rainier and the City mutually desire to see the 800 parcel redeveloped by demolishing the existing building and constructing a new hangar for storage and aircraft management. The combined lease also provides for a mutual desire between Rainier and the City to see the 820 parcel developed to include a single large combination hangar and office building with a landside parking lot and adequate ramp space for parked aircraft. The Airport is proposing a 30-year lease through May 2049, with an additional 10-year extension if construction milestones are met. Per Airport Leasing Policy 6.3, "Tenant has demonstrated the need for a long-term lease in order to amortize the investment made on the property." H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\Contract Approvals\Ag bill - Rainier Flight New Lease 800 and 820\Agenda Bill Documents 010719\Issue Paper - Rainier Flight Service Lease.docx AGENDA ITEM #6. 1) Renton City Council Page 3 of 4 December 20, 2019 On November 5, 2018 the Transportation Committee was briefed on the Rainier lease for the first time. The Committee raised the following concerns: 1. Proposed Design Plan: Specifically the finished product matches what was approved. Staff noted that the Committee had experienced a situation with a previous Airport tenant who presented architectural renderings and other graphics which were approved for the long-term lease and building development. However once constructed the building did not resemble the proposed plans. Based on this discussion staff understood the Committee's desire to include provisions in the Rainier lease and future leases that outline the process to allow approvals during the process. 2. Financial Viability of Tenant: According to Airport Leasing Policies, the applicant must, at their expense, obtain a credit score from a consultant acceptable to the City to evaluate whether the tenant has the financial capacity to meet the long-term obligations of a lease. On December 3, 2018 the Transportation Committee received a follow up briefing on the Rainier lease. Staff reported that Rainier had provided a Dunn and Bradstreet credit report on the applicant and that Rainier and staff agreed to additional language in the lease that provides for more City involvement in the design process. This language is contained in sections 7.d. and 7.e. of Appendix 1 and reads as follows: "7.d.: No building permit will be issued by the City until and unless the City's Public Works Administrator, or designee, has confirmed in writing that the permit documents are consistent with the Renton City Council's approved design proposal. If the City's Public Works Administrator, or designee, determines that the permit documents are not consistent with the Renton City Council's approved design proposal, then prior to building permit issuance Tenant will revise the permit documents or obtain design change approval from the Renton City Council; and "7.e.: The primary intent of Subsections 7.a. through 7.d., above, is that the 800 Parcel improvements and 820 parcel improvements be visually and functionally consistent with a design approved by the Renton City Council. After the Renton city Council has approved tenant's design proposal, any subsequent proposed material alterations will require a new presentation to the Transportation/Aviation Committee and a new approval decision by the Renton City Council." H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\Contract Approvals\Ag bill - Rainier Flight New Lease 800 and 820\Agenda Bill Documents 010719\Issue Paper - Rainier Flight Service Lease.docx AGENDA ITEM #6. 1) Renton City Council Page 4 of 4 December 20, 2019 CONCLUSION: Staff is confident the language written into the Rainier lease provides the City with the ability to approve all phases of the design and construction process. In turn the language allows the City more leverage and authority to provide feedback on the appearance of the improvements once they are completed. The lease outlines a series of steps in the design and construction process that will required of the tenant in order to receive a building permit from the City. This will prevent the tenant from constructing building(s) that have not been analyzed and properly approved by the City. cc: Jim Seitz, Transportation Systems Director Harry Barrett, Jr., Airport Manager Jason Anderson, Assistant Airport Manager Casey Boatman, Airport Business Coordinator Marc Gordon, Senior Finance Analyst H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\Contract Approvals\Ag bill - Rainier Flight New Lease 800 and 820\Agenda Bill Documents 010719\Issue Paper - Rainier Flight Service Lease.docx I 60' r F DECK OVERHEAD I I I MGR 90' 75-90'HANGAR POOR FEATURE WALLf WITH CENTRAL FIREPLACE %mgw(2) DISPATCH COMPUTERS KEURIG Wl WATER OF, 1 OF. 3 ' a;�TEST]NG-T U O � RM RESTROOM OF. 4 w CONFIRM SIMULATOR w R RM ELEC STAFF LOCKET 150' HANGAR 60' 74' UNISEX RESTRM & STAIR TO MAINTENANCE OFFICE SHOWER WORKSPACE/ ID PARTS 14' KPG _ET CN scale: 1/16"=T'-0" =10' ��� FLIGHT SERVICE m 0 m 60' DECK 16' i 1 BREAK OF 5 Tv ............ . BR. 4 BR. 7 V1 Vz vs' HANGAR BR. 1 BR. 10 BELOW 60 L R' 5 BR. 8 RESTRM 74' B rBR.6 BR.9: EtiZ. 3 �- _. r RESTRMIk CLASSROOM STOR" IT MECH MAINTENANCE OFFICES 1+' 150' <N scale: 1116"=1'-0" i =10' ET RAINIER KPG FLIGHT SERVICE p PERSPECTIVE Scale: 8 7 6 5 i 4 3 2 1 1 VP PANEL RIB JACK -BEAN{ HANGAR DOOR 2:12 VP PANEL RIB, VP TECH -FOUR, 20GA SIDING, KYNAR OVHD 24'X70' CLEAR 22GA, 1-314" RIBS, VENTED 20GA SIDING, FINISH OPENING RIDGE KYNAR FINISH STOREFRONT, RIDGE FiXEDGLAZING KAWNEER 34' 8" TRI FA8 RIDGE 2 29' - 4" ___ — — — — — HANGAR DOOR t 24,-0_„ ❑ CUSTOM CANOPY LEVEL 2 Levell AL (-21 EAST CABLE GUARORAIL AIR -SIDE GLASS ENTRANCE Scale: 1116" = l'-0" r� :2 V a N O [7 0- w Z U 0 > U w V) U LLl 2 -7 0 Jry- L.L IZ of L1J z z 0 Q U) Q x w m Z v m AGENDA ITEM #6. 1) LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) THIS LEASE (hereinafter "Lease") is made and entered into this day of , 2019, by and between THE CITY OF RENTON, a Washington municipal corporation (hereinafter "Landlord" or the "City"), and Rainier Flight Service, LLC, a Washington limited liability corporation (hereinafter "Tenant"). In consideration of the covenants and agreements set forth in this Lease, Landlord and Tenant agree as follows: 1. GRANT OF LEASE: 1.a. Documents of Lease: The following document constitutes this Lease, together with: Exhibit A - Lease Map and Legal Description Exhibit B - Aircraft Laws and Regulations, RCW 47.68.250: Public Highways and Transportation Appendix 1 1.b. Legal Description: Landlord hereby leases to Tenant, and Tenant leases from Landlord for the term described in Section 3 below, the parcels identified as 800 and 820 West Perimeter Road and the buildings located thereon as more fully described in this Lease, with said parcels shown on Exhibit "A" (lease map and legal description), which is attached hereto and incorporated herein by this reference (hereinafter, "Premises"). I.C. Common Areas: Tenant, and its authorized representatives, subtenants, assignees, agents, invitees, and licensees, shall have the right to use, in common with others, on a non-exclusive basis and subject to the Airport Regulations and Minimum Standards (as they may be amended from time to time) pursuant to Section 8(e) below, the public portion of the Renton Municipal Airport (aka Clayton Scott Field, hereinafter referred to as "Airport"), including the runway and other public facilities provided thereon. 1.c.(1). Notwithstanding anything in this Lease to the contrary, Landlord acknowledges that direct access to the taxiways and runway from the Premises is essential to the conduct of Tenant's business on the Premises and, except during construction activities occurring on the taxiways, runway or weather related events, Landlord shall ensure that Tenant and its representatives, subtenants, assignees, agents, invitees, and licensees have direct access to the taxiways and runway at all times during the Term. LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) 2. CONDITIONS: 2.a. Specific Conditions: This Lease, and Tenant's rights and permitted uses under this Lease are subject to the following: 2.a.(1). The Airport Regulations and Minimum Standards pursuant to Section 8(e) of this lease agreement, including Landlord's standards concerning operation of public aviation service activities from the Airport; and 2.a.(2). All such non-discriminatory charges and fees for such use of the Airport as may be established from time to time by Landlord. 2.b. No Conveyance of Airport: This Lease shall in no way be deemed to be a conveyance of the Airport, and shall not be construed as providing any special privilege for any public portion of the Airport except as described herein. The Landlord reserves the absolute right to lease or permit the use of any portion of the Airport for any purpose deemed suitable for the Airport, except that portion that is leased hereby. 2.c. Nature of Landlord's Interest: It is expressly understood and agreed that Landlord holds and operates the Airport and the Premises under and subject to a grant and conveyance thereof to Landlord from the United States of America, acting through its Reconstruction Finance Corporation, and subject to all the reservations, restrictions, rights, conditions, and exceptions of the United States therein and thereunder, which grant and conveyance has been filed for record in the office of the Recorder of King County, Washington, and recorded in Volume 2668 of Deeds, Page 386; and further that Landlord holds and operates said Airport and Premises under and subject to the State Aeronautics Acts of the State of Washington (chapter 165, laws of 1947), and any subsequent amendments thereof or subsequent legislation of said state and all rules and regulations lawfully promulgated under any act or legislation adopted by the State of Washington or by the United States or the Federal Aviation Administration. It is expressly agreed that the Tenant also accepts and will hold and use this Lease and the Premises subject thereto and to all contingencies, risks, and eventualities of or arising out of the foregoing, and if this Lease, its Term, or any conditions or provisions of this Lease are or become in conflict with or impaired or defeated by any such legislation, rules, regulations, contingencies or risks, the latter shall control and, if necessary, modify or supersede any provision of this Lease affected thereby, all without any liability on the part of, or recourse against, Landlord in favor of Tenant, provided that Landlord does not exceed its authority under the foregoing legislation, rules and regulations and provided further that, in the event that this Lease is modified or superseded by such legislation, rules, regulations, contingencies or risks, all compensation payable to the Landlord for a third party's use of the improvements during the Term shall be paid to the Tenant, its successors or its assigns. 2 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) 2.d. Future Development/Funding: Nothing contained in this Lease shall operate or be construed to prevent or hinder the future development, improvements, or operation of Airport by Landlord, its agents, successors or assigns, or any department or agency of the State of Washington or of the United States, or the consummation of any loan or grant of federal or state funds in aid of the development, improvement, or operation of the Renton Airport, but Landlord's exercise of such rights shall not unreasonably interfere with Tenant's rights under this Lease. 2.e. Appendix 1 Governs: In the event of a conflict between the terms and conditions of Appendix 1 to this Lease attached hereto and any other portion of this Lease, the Parties agree that the terms and conditions set out in Appendix 1 shall supersede insofar as they are in conflict. 2.f. Cleaning of Catch Basins and Oil/Water Separators: At Tenant's cost, Tenant shall routinely inspect, and clean and remove all sediment and other debris from, the catch basins and oil/water separators on the Premises. In doing so, Tenant shall comply with all applicable federal, state, and local laws and regulations. Tenant shall provide Landlord with documentation of inspection, cleaning, and removal. Landlord will clean and remove all sediment and other debris from the catch basins and oil/water separators prior to the date that Tenant takes possession of the Premises. 3.a. Term: The term of this Lease (the "Term") as to the entire Premises shall be for a thirty (30) year period commencing on June 1, 2019 (hereinafter "Commencement Date"), and terminating on May 31, 2049. 3.b. Term Provision: The Term of this Lease is also subject to the provisions identified in Appendix 1 attached hereto, including any early termination rights set forth for Landlord and any options to extend set forth for Tenant. 4. RENT/FEES/CHARGES: 4.a. Minimum Monthly Rent: Tenant shall pay to Landlord a Minimum Monthly Rent in the sums listed below, PLUS Leasehold Excise Tax as described in Section 5, below, without deduction, offset, prior notice or demand, payable promptly in advance on the first day of each and every month. All such payments shall be made to the City of Renton, Attention: Fiscal Services, Renton, Washington 98057. The Minimum Monthly Rent, beginning on the Commencement Date, is computed as follows: Monthly Rent — Land Component (Parcels 800 and 820), Applicable During Periods 1, 2, and 3, as defined below Ten Thousand Four Hundred Twenty -Three and 88/100 Dollars ($10,423.88), which amount is one-twelth (1/12) of the annual land rent of One Hundred Twenty -Five Thousand Eighty- 3 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) Six and 50/100 Dollars ($125,086.50) (162,450 square feet x $0.77 per square foot per year); PLUS, leasehold excise tax. Monthly Rent — Building Component, Parcel 800, Applicable During Period 1 ("Period 1" means the period beginning on the Commencement Date and ending the day before the Appraisal Submittal Date, as defined in Section 4.f, below). Two Thousand Five Hundred Eighty -Five and 92/100 Dollars ($2,585.92), which amount is one-twelth (1/12) of the annual building rent of Thirty -One Thousand Thirty -One and 00/100 Dollars ($31,031.00) (20,020 square feet x $1.55 per square foot per year); PLUS, leasehold excise tax. Monthly Rent — Building Component, Parcel 800, Applicable During Period 2 ("Period 2" means the period commencing on the Appraisal Submittal Date and ending on the Demolition Date) [Amount to be determined by Landlord via appraisal as further described in Section 4.f, below.] Monthly Rent — Building Component, Parcel 800, Applicable During Period 3 ("Period 3" means the period after the Demolition Date, defined as the date that demolition activities as contemplated in Appendix 1 are complete, as determined by Landlord) [Amount to be determined by Landlord via financial analysis supplied by Tenant and confirmed by Landlord, with such confirmation to be at Tenant's cost. The amount will be calculated as follows: A lump sum equal to any loss in net value to Landlord resulting from the demolition of the existing building and the construction of the new building, payable monthly over the then -remaining term of the Lease, with any remaining balance due as a final lump sum payment at the termination of the Lease. For the purposes of this paragraph, "net value" will be determined by comparing (A) the appraised value of the existing building as contemplated in paragraph 4f with (B) the projected appraised value of the newly constructed building as of the date construction is complete. If such projected appraised value of the new building exceeds the appraised value of the existing building, the amount due under this paragraph shall be Zero Dollars ($0.00). In no event shall Landlord owe any amount to Tenant.] For the avoidance of doubt, if Tenant elects not to demolish the building on Parcel 800, the Period 2 building rent rate will continue to apply until such time as the lease for Parcel 800 terminates. Total Monthly Rent for Period 1 Monthly Rental — Land Component (Parcels 800 and 820) $10,423.88 Monthly Rental — Building Component (Parcel 800), Period 1 $2,585.92 TOTAL: $13,009.80 per month, PLUS Leasehold Excise Tax 4 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) Total Monthly Rent for Period 2 Monthly Rental — Land Component (Parcels 800 and 820) $10,423.88 Monthly Rental — Building Component (Parcel 800), Period 2$TBD TOTAL: $TBD per month, PLUS Leasehold Excise Tax Total Monthly Rent for Period 3 Monthly Rental — Land Component (Parcels 800 and 820) $10,423.88 Monthly Rental — Building Component (Parcel 800), Period 3$TBD TOTAL: $TBD per month, PLUS Leasehold Excise Tax 4.b. Periodic Rental Adjustment: The Monthly Rent shall be subject to automatic adjustment on the third (3,d) anniversary of the Commencement Date and every three years thereafter on the anniversary of the Commencement Date (any of which shall hereinafter be referred to as "Adjustment Date") as follows: As used in this Section 4.b, "Index" means the Consumer Price Index for All Urban Consumers for Seattle -Tacoma -Bremerton All Items (1982-84=100) (CPI-U) published by the United States Department of Labor, Bureau of Labor Statistics; "Beginning Index" means the Index which is published nearest, but preceding, the Commencement Date; and "Adjustment Index" means the Index which is published nearest, but preceding, each Adjustment Date. For the first Periodic Rent Adjustment, if the Adjustment Index has increased over the Beginning Index, the Monthly Rent payable for the following three (3) year period (until the next Adjustment Date) shall be set by multiplying the Monthly Rent provided for in Section 4.a. of this Lease by a fraction, the numerator of which is the Adjustment Index and the denominator of which is the Beginning Index. The product shall be the "Adjusted Monthly Rent." In no event shall the Adjusted Monthly Rent determined pursuant to this paragraph be less than the Monthly Rent set forth in Section 4.a. of this Lease. For the second and any subsequent Periodic Rent Adjustment, if the Adjustment Index is greater than the Adjustment Index three years prior, then the Adjusted Monthly Rent payable for the following three (3) year period (until the next Adjustment Date) shall be set by multiplying the then current Adjusted Monthly Rent by a fraction, the numerator of which is the Adjustment Index and the denominator of which is the Adjustment Index from three years prior. The product shall be the "Adjusted Monthly Rent." In no event shall the Adjusted Monthly Rent determined pursuant to this paragraph be less than any prior Adjusted Monthly Rent. 4.c. Notice of Request for Readiustment of Rental: Landlord and Tenant do hereby further agree that Landlord may adjust the Minimum Monthly Rent for an ensuing three (3) year 5 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) period by a means other than the Index. In such event, Landlord must, at least thirty (30) days prior to any Adjustment Date, provide to the other party a written request for readjustment of the rental rate pursuant to RCW 14.08.120(5). 4.d. Late Payment Charge: If any Rent is not received by Landlord from Tenant by the tenth (loth) business day after such Rent is due, Tenant shall immediately pay to Landlord a late charge equal to five percent (5%) of the amount of such Rent. Should Tenant pay said late charge but fail to pay contemporaneously therewith all unpaid amounts of Rent, Landlord's acceptance of this late charge shall not constitute a waiver of Tenant's default with respect to Tenant's nonpayment nor prevent Landlord from exercising all other rights and remedies available to Landlord under this Lease or under law. If any check received by Landlord from Tenant is returned unpaid for any reason, Landlord reserves the right to charge, and Tenant agrees to pay, an additional charge up to the maximum amount allowed by law. Landlord's acceptance of this additional charge shall not constitute a waiver of Tenant's default with respect to Tenant's returned check nor prevent Landlord from exercising all other rights and remedies available to Landlord under this Lease or under law. Unpaid amounts of rent, late charges, or additional charges shall bear interest at the rate of twelve (12%) percent per annum until paid. 4.e. Other Fees and Charges: Tenant shall pay, in addition to the Minimum Monthly Rent and other charges identified in this Lease, all non-discriminatory fees and charges now in effect or hereafter levied or established by Landlord or charged against the Premises and against other similarly situated Tenants at the Airport by Landlord, or levied or established by, or against the Premises by any other governmental agency or authority, being or becoming levied or charged against the Premises, structures, business operations, or activities conducted by or use made by Tenant of, on, and from the Premises, including without limitation, Aircraft Rescue and Fire Fighting or services rendered to the Tenant or the Premises. 4.f. Appraisal: The Parties agree that an appraisal is necessary to determine the fair market value of the building located on Parcel 800 as of the Commencement Date and that the appraisal will establish the building rental rate for Parcel 800 for Period 2 of the Minimum Monthly Rent. As soon as reasonably possible after the Commencement Date, Landlord shall obtain an appraisal determining the fair market rental value for the building on Parcel 800. Within ten (10) days of receiving the completed appraisal, Landlord shall submit the appraisal to Tenant (the "Appraisal Submittal Date"). 5. LEASEHOLD EXCISE TAX: Tenant shall pay to Landlord the leasehold excise tax as established by RCW Chapter 82.29A, as amended, or any replacement thereof, which tax shall be in addition to the Minimum Monthly Rent and other charges payable under this Lease and shall be paid at the same time the Minimum Monthly Rent is due. If the State of Washington or any other governmental authority having jurisdiction thereover shall hereafter levy or impose any similar tax or charge on this Lease or the leasehold estate described herein, then Tenant shall pay 6 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) such tax or charge when due. Such tax or charge shall be in addition to the Minimum Monthly Rent and other taxes or charges payable under this Lease. 6. PAYMENT OF UTILITIES AND RELATED SERVICES. Tenant shall pay for all utilities and services used in the Premises, including without limitation electricity, gas, water, sewer, garbage removal, janitorial service, and any other utilities and services used in the Premises. Landlord shall not be liable for any loss or damage caused by or resulting from any variation, interruption, or failure of any utility services due to any cause whatsoever, except, and only to the extent caused by, Landlord's negligence. Landlord shall not be liable for temporary interruption or failure of such services incidental to the making of repairs, alterations or improvements, or due to accident, strike, act of God, or conditions or events not under Landlord's control. Temporary interruption or failure of utility services shall not be deemed a breach of the Lease or as an eviction of Tenant, or relieve Tenant from any of its obligations hereunder. 7. TENANT'S ACCEPTANCE OF PREMISES: 7.a. Acceptance of Premises: By occupying the Premises, Tenant formally accepts the Premises in "AS IS" condition, and acknowledges that the Landlord has complied with all the requirements imposed upon it under the terms of this Lease with respect to the condition of the Premises at the Commencement Date. Tenant hereby accepts the Premises subject to all applicable zoning, federal, state, county and municipal laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Tenant acknowledges that, except as otherwise provided in this Lease, neither Landlord nor Landlord's agents have made any representation or warranty as to the suitability of the Premises for the conduct of Tenant's business or use. Except as otherwise provided herein, Landlord warrants Tenant's right to peaceably and quietly enjoy the Premises without any disturbance from Landlord, or others claiming by or through Landlord. 8. USE OF PREMISES: 8.a. Use of Premises: The Premises are leased to the Tenant for the following described purposes and uses necessary to said purposes: 8.a.(1). Aircraft Maintenance including inspection, major and minor repair, and major and minor alteration of airframes, engines, avionics, interiors and aircraft components; 8.a.(2). Storage and tie -down of aircraft, both indoors and outdoors; 8.a.(3). Commercial flight operations including flight training, aircraft rental, sightseeing, aerial photography and any operations conducted under 14 CFR Part 91 and 14 CFR Part 135; 8.a.(4). Sale of aviation fuels and lubricants; 7 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) 8.a.(5). Sale of aircraft parts, components and pilot supplies; 8.a.(6). Aircraft servicing with fluids and compressed gases; 8.a.(7). Aircraft grooming; and 8.a.(8). Aircraft sales, leasing, and management. 8.b. Continuous Use: Tenant covenants that the Premises shall be continuously used for 8.a.(1) and 8.a.(3), and some or all of the remaining purposes set forth above during the Term, shall not be allowed to stand vacant or idle, subject to reasonable, temporary interruptions for maintenance, construction, or other purposes, and shall not be used for any other purpose without Landlord's prior written consent. Consent of Landlord to other types of aviation activities will not be unreasonably withheld. 8.c. Non -Aviation Uses Prohibited: Tenant agrees that the Premises may not be used for uses or activities that are not related, directly or indirectly, to aviation. 8.d. Advertising: No advertising matter or signs shall be displayed on the Premises, at anytime, without the prior written approval of Landlord, which approval will not be unreasonably withheld. 8.e. Conformity with Laws, Rules and Regulations: Tenant shall comply with applicable federal, state, county and municipal laws, ordinances and regulations concerning Tenant's use of the Premises. Tenant shall keep and operate the Premises and all structures, improvements, and activities in or about the Premises in conformity with the Airport Regulations and Minimum Standards and other reasonable rules and regulations now or hereafter adopted by Landlord, provided that all such Airport Regulations and Minimum Standards and other rules adopted hereafter are non-discriminatory, all at Tenant's cost and expense. 8.f. Waste; Nuisance; Illegal Activities: Tenant shall not permit any waste, damage, or injury to the Premises or improvements thereon, nor allow the maintenance of any nuisance thereon, nor the use thereof for any illegal purposes or activities. 8.g. Increased Insurance Risk: Tenant shall not do or permit to be done in or about the Premises anything which will be dangerous to life or limb, or which will increase any insurance rates upon the Premises or other buildings and improvements at the Airport. 8.h. Hazardous Waste: 8.h.(1). Tenant's Representation and Warranty: Tenant shall not dispose of or otherwise allow the release of any Hazardous Substances in, on or under the Premises, or the Property, or in any tenant improvements or alterations placed on the Premises by Tenant. Tenant represents s LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) and warrants to Landlord that Tenant's intended use of the Premises does not and will not involve the use, production, disposal or bringing on to the Premises of any hazardous substances, hazardous material, wast, pollutant, or contaminant, as those terms are defined in any federal, state, county, or city law or regulation (collectively, "Hazardous Substances") other than fuels, lubricants and other products which are customary and necessary for use in Tenant's ordinary course of business, provided that such products are used, stored and disposed of in accordance with applicable laws and manufacturer's and supplier's guidelines. Tenant shall promptly comply with all laws and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, collection, treatment, disposal, storage, control, removal or cleanup by Tenant of Hazardous Substances, in, on or under the Premises, or incorporated in any improvements or alterations made by Tenant to the Premises, at Tenant's sole cost and expense. 8.h.(2). Standard of Care: Tenant agrees to use a high degree of care to be certain that no Hazardous Substances are improperly used, released or disposed in, on or under the Premises during the Term by Tenant, or its authorized representatives or assigns, or are improperly used, released or disposed on the Premises by the act of any third party. 8.h.(3). Compliance Notification: In the event of non-compliance by Tenant, after notice to Tenant and a reasonable opportunity for Tenant to effect such compliance, Landlord may, but is not obligated to, enter upon the Premises and take such actions and incur such costs and expenses to effect such compliance with laws as it deems advisable to protect its interest in the Premises, provided, however that Landlord shall not be obligated to give Tenant notice and an opportunity to effect such compliance if (i) such delay might result in material adverse harm to the Premises or the Airport, or (ii) an emergency exists. Tenant shall reimburse Landlord for the full amount of all costs and expenses incurred by Landlord in connection with such compliance activities and such obligation shall continue even after expiration or termination of the Term. Tenant shall notify Landlord immediately of any release of any Hazardous Substances in, on or under the Premises. 8.h.(4). Indemnity: 8.h.(4)(a). Landlord shall have no responsibility to the Tenant, or any other third party, for remedial action under R.C.W. Chapter 70.105D, or any other federal, state, county or municipal laws, in the event of a release of or disposition of any Hazardous Substances in, on or under the Premises during the Term that were caused by Tenant. Tenant shall defend, indemnify and hold harmless Landlord, its officials, employees, agents and contractors (hereinafter "City Indemnitees") from any claims, obligation, or expense (including, without limitation, third party claims for personal injury or real or personal property damage), actions, administrative proceedings, judgments, penalties, fines, liability, loss, damage, obligation or expense, including, but not limited to, fees incurred by the Landlord or City Indemnitees for attorneys, consultants, engineers, damages, environmental resource damages, and remedial action under R.C.W. 9 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) Chapter 70.105D or other remediation, arising by reason of the release or disposition of any Hazardous Substances in, on or under the Premises during the Term that are caused by Tenant. 8.h.(4)(b). Tenant shall have no responsibility to the Landlord, or any other third party, for remedial action under R.C.W. Chapter 70.105D, or other federal, state, county or municipal laws, nor shall Tenant have any other liability or responsibility of any kind, in the event of the presence, release, or disposition of any Hazardous Substance on, in, or under the Premises unless such presence, release, or disposition of any Hazardous Substance was caused by Tenant. Landlord shall defend, indemnify and hold harmless Tenant, and their, owners, directors, officers, agents, employees, and contractors (collectively, "Indemnitees") from any claims (including without limitation third party claims for personal injury or real or personal property damage), actions, administrative proceedings, judgments, penalties, fines, liability, loss, damage, obligation or expense, including, but not limited to, fees incurred by Tenant or any Indemnitee for attorneys, consultants, engineers, damages, environmental resource damages, and remedial action under R.C.W. Chapter 70.105D or other remediation, arising from or in connection with the presence, suspected presence, release or suspected release of any Hazardous Substances in, on or under the Premises that is not caused, in whole or in part, by Tenant or the Indemnitees. 8.h.(4)(c). The provisions of this Subsection 8.h.(4) shall survive the expiration or sooner termination of the Term. No subsequent modification or termination of this Lease by agreement of the parties or otherwise shall be construed to waive or to modify any provisions of this Section unless the termination or modification agreement or other document expressly so states in writing. 8.h.(5). Dispute Resolution: In the event of any dispute between the parties concerning whether any Hazardous Substances were brought onto the Premises by Tenant, or whether any release of or disposition of any Hazardous Substance was caused by Tenant, the parties agree to submit the dispute for resolution by arbitration upon demand by either party. Landlord and Tenant do hereby agree that the arbitration process shall be limited to not more than one hundred fifty (150) calendar days, using the following procedures: 8.h.(5).a. Landlord shall select and appoint one arbitrator and Tenant shall select and appoint one arbitrator, both appointments to be made within a period of sixty (60) days from the end of the negotiation period cited in Section 8.h.(5). Landlord and Tenant shall each notify the other of the identity of their arbitrator and the date of the postmark or personal delivery of the letter shall be considered the date of appointment. 8.h.(5).b. The two appointed arbitrators shall meet, and shall make their decision in writing within thirty (30) days after the date of their appointment. If the appointment date for either arbitrator is later than the other, the latter date shall be the appointment date for purposes of the thirty (30) day deadline. >0 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) 8.h.(5).c. If the two arbitrators are unable to agree within a period of thirty (30) days after such appointment, they shall, within a period of thirty (30) days after the first thirty (30) day period, select a third arbitrator. If such third arbitrator has not been selected or if such third arbitrator has not accepted such appointment within such thirty (30) day period, either Permittor or Permittee may apply to the head of the Seattle office of the American Arbitration Association to appoint said third arbitrator. 8.h.(5).d. The three arbitrators shall have thirty (30) days from the date of selection of the third arbitrator to reach a majority decision unless the time is extended by agreement of both parties. The decision of the majority of such arbitrators shall be final and binding upon the parties hereto. 8.h.(5).e. The arbitrators shall be environmental consultants with experience in the identification and remediation of Hazardous Substances. The arbitrators shall make their decision in writing within sixty (60) days after their appointment, unless the time is extended by the agreement of the parties. The decision of a majority of the arbitrators shall be final and binding upon the parties. Each party shall bear the cost of the arbitrator named by it. The expenses of the third arbitrator shall be borne by the parties equally. 8.i. Aircraft Registration Compliance: The Tenant is hereby notified of the Washington State law concerning aircraft registration and the requirement that the Tenant comply therewith. See Exhibit B ("Aircraft Laws and Regulations, RCW 47.68.250 Public Highways and Transportation"). 8.i.(1). Tenant shall annually, during the month of January, submit a report of aircraft status to the Airport Manager. One copy of this report shall be used for each aircraft owned by the Tenant, and sufficient forms will be submitted to identify all aircraft owned by the Tenant and the current registration status of each aircraft. If an aircraft is unregistered, an unregistered aircraft report shall also be completed and submitted to the Airport Manager. 8.i.(2). Tenant shall require from an aircraft owner proof of aircraft registration or proof of intent to register an aircraft as a condition of sub -leasing tie -down or hangar space for an aircraft. Tenant shall further require that annually, thereafter, each aircraft owner using the Tenant's Premises submit a report of aircraft status, or, if an aircraft is unregistered, an unregistered aircraft report. Tenant shall annually, during the month of January, collect the aircraft owners' reports and submit them to the Airport Manager. 9. MAINTENANCE: 9.a. Maintenance of Premises: The Premises and all of the improvements or structures thereon and authorized by the Landlord for use by the Tenant, shall be used and maintained by Tenant in an operable, neat, orderly, and sanitary manner. Tenant is responsible for the clean- up and proper disposal at reasonable and regular intervals of rubbish, trash, waste and leaves 11 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) upon the Premises, including that blown against fences bordering the Premises, whether as a result of the Tenant's activities or having been deposited upon the Premises from other areas. Tenant shall maintain in good condition and repair the Premises, subject to ordinary wear and tear, including, the interior walls, floors, and any interior portions of all doors, windows, and glass, parking areas, landscaping, fixtures, heating, ventilating and air conditioning, including exterior mechanical equipment. Tenant shall make all repairs, replacements and renewals, whether ordinary or extraordinary, anticipated or unforeseen, that are necessary to maintain the Premises in the condition required by this Section. Landlord will be responsible for plumbing and sewage facilities within the building or under the floor slab including free flow up to the main sewer line, utility facilities, exterior utility facilities, and exterior electrical equipment serving the Premises. 9.b. Removal of Snow/Floodwater/Mud: Tenant shall be responsible for removal from the Premises, all snow and/or floodwaters or mud deposited, with the disposition thereof to be accomplished in such a manner so as to not interfere with or increase the maintenance activities of Landlord upon the public areas of the Airport. 9.c. Maintenance, Repair and Marking of Pavement: Tenant shall be responsible for, and shall perform, the maintenance, repair and marking (painting) of pavement surrounding the buildings within and on the Premises. Such maintenance and repair shall include, as a minimum, crack filling, weed control, slurry seal and the replacement of unserviceable concrete or asphalt pavements, as necessary. To the degree the concrete and asphalt pavements are brought to FAA standards at any time during the Term of this Lease, Tenant shall maintain the concrete and asphalt pavements in such condition. 9.d. Right of Inspection: Tenant will allow Landlord or Landlord's agent, free access at all reasonable times to the Premises for the purpose of inspection, or for making repairs, additions or alterations to the Premises, or any property owned by or under the control of Landlord. Landlord shall provide ten (10) days' advance notice of any such inspection and use reasonable efforts not to interfere with Tenant's use of the Premises during any such inspection. 9.e. Landlord May Perform Maintenance: If Tenant fails to perform Tenant's obligations under this section, Landlord may at its option (but shall not be required to) enter the Premises, after thirty (30) days' prior written notice to Tenant, except in the event of an emergency when no notice shall be required, and put the same in good order, condition and repair, and the cost thereof together with interest thereon at the rate of twelve (12%) percent per annum shall become due and payable as additional rental to Landlord together with Tenant's next installment of Rent. 10. ALTERATIONS: 12 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) 10.a. Protection from Liens: Before commencing any work relating to alterations, additions and improvements affecting the Premises ("Work"), Tenant shall notify Landlord in writing of the expected date of commencement of the Work. Tenant shall pay, or cause to be paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Premises free and clear of all mechanics' materialmen's liens or any other liens resulting from any Work. Tenant shall have the right to contest the correctness or validity of any such lien if, immediately on demand by Landlord, it procures and records a lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefor in the State of Washington. Tenant shall promptly pay or cause to be paid all sums awarded to the claimant on its suit, and, in any event, before any execution is issued with respect to any judgment obtained by the claimant in it suit or before such judgment becomes a lien on the Premises, whichever is earlier. If Tenant shall be in default under this Section, by failing to provide security for or satisfaction of any mechanic's or other liens, then Landlord may, at its option, in addition to any other rights or remedies it may have, discharge said lien by (i) paying the claimant an amount sufficient to settle and discharge the claim, (ii) procuring and recording a lien release bond, or (iii) taking such other action as Landlord shall deem necessary or advisable, and, in any such event, Tenant shall pay as Additional Rent, on Landlord's demand, all reasonable costs (including reasonable attorney fees) incurred by Landlord in settling and discharging such lien together with interest thereon at the rate of twelve (12%) percent per year from the date of Landlord's payment of said costs. Landlord's payment of such costs shall not waive any default of Tenant under this Section. 10.b. Bond: At any time Tenant either desires to or is required to make any repairs, alterations, additions, improvements or utility installation thereon, or otherwise, Landlord may at its sole option require Tenant, at Tenant's sole cost and expense, to obtain and provide to Landlord a lien and completion bond in an amount equal to one and one-half (1-1/2) times the estimated cost of such improvements, to insure Landlord against liability for mechanics and materialmen's liens and to insure completion of the work. 10.c. Landlord May Make Improvements: Tenant agrees that Landlord may, at its option and at its expense, make repairs, alterations or improvements which Landlord may deem necessary or advisable for the preservation, safety or improvement of utilities or Airport infrastructure on the Premises, if any. Landlord shall provide ten (10) days' advance notice of any such work and use reasonable efforts to not interfere with Tenant's use of the Premises during any such work. 11. IMPROVEMENTS: As further consideration for this Lease, it is agreed that upon the expiration or sooner termination of the Term, all structures and any and all improvements of any character whatsoever installed on the Premises (except for any fuel tanks and related structures owned by Tenant) shall be and become the property of the Landlord, and title thereto shall automatically pass to Landlord at such time, and none of such improvements now or hereafter placed on the Premises shall be removed therefrom at any time without Landlord's prior written 13 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) consent. During the Term, Tenant shall hold title to all improvements placed by Tenant on the Premises. Tenant covenants and agrees that Tenant will pay and satisfy in full all outstanding liens, or other debts, affecting or encumbering such improvements before transfer of ownership of such improvements to Landlord upon the expiration or sooner termination of the Term. Alternatively, Landlord may, at its option, require Tenant, concurrently with the expiration of the Term, to remove any and all improvements and structures installed by Tenant which would have a negative value to the Landord (when considering their condition and the typical structure or improvement a tenant on airport property would reasonably use), and repair any damage caused thereby, at Tenant's expense. 12. EXEMPTION OF LANDLORD FROM LIABILITY. Landlord or Landlord's agents shall not be liable for injury to persons or to Tenant's business or loss of income therefrom or for damage which may be sustained by the person, goods, wares, merchandise or property of Tenant, its authorized representatives, or any other person in or about the Premises, caused by or resulting from (a) fire, electricity, gas, water or rain which may leak or flow from or into any part of the Premises, (b) any defect in or the maintenance or use of the Premises, or any improvements, fixtures and appurtenances thereon, (c) the Premises or any improvements, fixtures and appurtenances thereon becoming out of repair, (d) the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, heating, ventilating or air conditioning or lighting fixtures of the Premises, (e) flooding of the Cedar River or other body of water, or from any other source whatsoever, whether within or without the Premises; or (f) any act or omission of any other tenant or occupant of the building in which the Premises are located, or their agents, servants, employees, or invitees, provided, that the foregoing exemption shall not apply to losses to the extent caused by Landlord's or its agents', contractors', or employees' negligence or willful misconduct. 13. INDEMNITY AND HOLD HARMLESS: Tenant shall defend, indemnify and hold harmless Landlord against any and all claims arising from (a) the conduct and management of or from any work or thing whatsoever done in or about the Premises or the improvements or equipment thereon during the Term, or (b) arising from any act or negligence or willful misconduct of the Tenant or any of its agents, contractors, patrons, customers, employees, or invitees, or (c) arising from any accident, injury, or damage whatsoever, however caused, to any person or persons, or to the property of any person, persons, corporation or other entity occurring during the Term in, on, or about the Premises, and from and against all costs, attorney's fees, expenses, and liabilities incurred in or from any such claims or any action or proceeding brought against the Landlord by reason of any such claim, except to the extent caused by the sole negligence of Landlord, its agents, contractors, employees, or its authorized representatives. Notwithstanding the foregoing, Tenant's indemnity shall not apply to claims arising from aviation activities of its patrons, customers, subtenants, or invitees. Tenant, on notice from Landlord, shall resist or defend such action or proceeding forthwith with counsel reasonably satisfactory to, and approved by, Landlord. Landlord shall indemnify, defend, and hold Tenant harmless from and against any and all claims, losses, damages, costs, attorney's fees, expenses, and liabilities arising 14 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) from the negligence or willful misconduct of Landlord or any of its agents, contractors, employees, or authorized representatives. On notice from Tenant, Landlord, at Landlord's expense, shall defend any such action or proceeding forthwith. The indemnity in this Section shall not apply to Hazardous Substances, which is addressed elsewhere in this Lease. 14. ASSIGNMENT & SUBLETTING: 14.a. Assignment/Subletting: Tenant shall not voluntarily assign or encumber its interest in this Lease or in the Premises, or sublease any part or all of the Premises, without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. Any assignment, encumbrance or sublease, whether by operation of law or otherwise, without Landlord's consent shall be void and shall constitute a default by Tenant underthis Lease. No consent to any assignment or sublease shall constitute a waiver of the provisions of this Section and no other or subsequent assignment or sublease shall be made without Landlord's prior written consent. Before an assignment or sub -lease will be approved, the proposed assignee or sub -tenant must comply with provisions of the then current Airport Leasing Policies, including, but not limited to the "Analysis of Tenant's Financial Capacity," independent of Tenant's compliance or Financial Capacity. Consent shall not be unreasonably withheld, conditioned, or delayed. In the case of an assignment of the full leasehold interest and/or complete sale of the stock or other interests in the entity constituting Tenant and concomitant transfer of ownership of said entity, (a) in the case of an assignment, the proposed assignee shall deliver to Landlord a written instrument duly executed by the proposed assignee stating that it has examined this Lease and agrees to assume, be bound by and perform all of Tenant's obligations under this Lease accruing after the date of such assignment, to the same extent as if it were the original Tenant, and (b) in the case of a stock transfer, Transferee shall deliver a written acknowledgment that it shall continue to be bound by all the provisions of this Lease after the transfer. Except in the case of an assignment of the full leasehold interest, any assignment permitted herein will not relieve Tenant of its duty to perform all the obligations set out in this Lease or addenda hereto. In no event will the assignment of the full leasehold interest or the complete sale of the stock or other interests in the entity constituting Tenant and concomitant transfer of ownership of said entity cause an extension of the Term of this Lease. 14.b. Conditions to Assignment or Sublease: Tenant agrees that any instrument by which Tenant assigns or sublets all or any portion of the Premises shall (i) incorporate this Lease by reference, (ii) expressly provide that the assignee or subtenant may not further assign or sublet the assigned or sublet space without Landlord's prior written consent (which consent shall not, subject to Landlord's rights under this Section, be unreasonably withheld, conditioned, or delayed), (iii) acknowledge that the assignee or subtenant will not violate the provisions of this Lease, and (iv) in the case of any assignment, acknowledge that Landlord may enforce the provisions of this Lease directly against such assignee. If this Lease is assigned, whether or not in 15 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) violation of the terms and provisions of this Lease, Landlord may collect Rent from the assignee. Acceptance of rent by the Landlord shall not be a waiver of any of Landlord's remedies against Tenant for violation of provisions of this Lease. A subtenant may cure Tenant's default. In either event, Landlord shall apply the amount collected from the assignee or subtenant to Tenant's obligation to pay Rent under this Lease. 14.c. No Release of Tenant's Liability: Neither an assignment or subletting nor the collection of Rent by Landlord from any person other than Tenant, nor the application of any such Rent as provided in this Section shall be deemed a waiver of any of the provisions of this Section or release Tenant from its obligation to comply with the terms and provisions of this Lease and Tenant shall remain fully and primarily liable for all of Tenant's obligations under this Lease, including the obligation to pay Rent under this Lease, unless Landlord otherwise agrees in writing. Notwithstanding the foregoing, in the event that Landlord's consent to assignment is obtained for a complete assignment and Assignee agrees in writing to assume all of the obligations and liabilities of this Lease accruing after such assignment, Tenant shall be relieved of all liability arising from this Lease and arising out of any act, occurrence or omission occurring after Landlord's consent is obtained. To the extent that any claim for which indemnification of the Landlord (including with respect to Hazardous Substances) arises after Tenant's complete assignment for conduct predating said assignment, the Tenant shall not be relieved of obligations or liability arising from this Lease. 14.d. Documentation: No permitted subletting by Tenant shall be effective until there has been delivered to Landlord a copy of the sublease and an executed Operating Permit and Agreement in which the subtenant agrees not to violate and to act in conformity with the terms and provisions of this Lease; provided that no Operating Permit shall be required for the subletting of hangar or tie -down space for aircraft storage purposes. No permitted assignment shall be effective unless and until there has been delivered to Landlord a counterpart of the assignment in which the assignee assumes all of Tenant's obligations under this Lease arising on or after the date of the assignment. 14.e. No Merger: Without limiting any of the provisions of this Section, if Tenant has entered into any subleases of any portion of the Premises, the voluntary or other surrender of this Lease by Tenant, or a mutual cancellation by Landlord and Tenant, shall not work a merger and shall terminate all or any existing subleases or subtenancies. 15. DEFAULT AND REMEDIES: 15.a. Default: The occurrence of any of the following shall constitute a default by Tenant under this Lease: 16 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) 15.a.(1). Failure to Pay Rent: Failure to pay Rent when due, if the failure continues for a period of three (3) business days after notice of such default has been given by Landlord to Tenant. 15.a.(2). Failure to Comply with Airport Regulations and Minimum Standards: Failure to comply with the Airport Regulations and Minimum Standards, if the failure continues for a period of twenty-four (24) hours after notice of such default is given by Landlord to Tenant. If the failure to comply cannot reasonably be cured within twenty-four (24) hours, then Tenant shall not be in default under this Lease if Tenant commences to cure the failure to comply within twenty-four (24) hours and diligently and in good faith continues to cure the failure to comply. However, said inability to cure within twenty-four (24) hours, diligence and good faith notwithstanding, cannot be based on financial incapacity. 15.a.(3). Failure to Perform or Cure: Failure to perform any other provision of this Lease, if the failure to perform is not cured within thirty (30) days after notice of such default has been given by Landlord to Tenant. If the default cannot reasonably be cured within thirty (30) days, then Tenant shall not be in default under this Lease if Tenant commences to cure the default within thirty (30) days of the Landlord's notice and diligently and in good faith continues to cure the default. 15.a.(4). Appointment of Trustee or Receiver: The appointment of a trustee or receiver to take possession of substantially all of the Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days. 15.a.(5). Failure to Comply With Laws: It shall be a default of this Lease if the Tenant fails to comply with any of the statutes, ordinances, rules, orders, regulations, and requirements of the federal, state, and/or city governments, or any terms of this Lease. 15.b. Additional Security: If Tenant is in default under this Lease, and such default remains uncured for more than three (3) business days after Landlord gives Tenant notice of such default, then Landlord, at Landlord's option, may in addition to other remedies, require Tenant to provide adequate assurance of future performance of all of Tenant's obligations under this Lease in the form of a deposit in escrow, a guarantee by a third party acceptable to Landlord, a surety bond, a letter of credit or other security acceptable to, and approved by, Landlord. If Tenant fails to provide such adequate assurance within twenty (20) days of receipt of a request by Landlord for such adequate assurance, such failure shall constitute a material breach of this Lease and Landlord may, at its option, terminate this Lease. 17 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) 15.c. Remedies: If Tenant commits a default, then following the expiration of the notice and cure periods set forth in Section 15.a. above, Landlord shall have the following alternative remedies, which are in addition to any remedies now or later allowed by law, and Landlord shall use reasonable efforts to mitigate its damages: 15.c.(1). Maintain Lease in Force: To maintain this Lease in full force and effect and recover the Rent and other monetary charges as they become due, without terminating Tenant's right to possession, irrespective of whether Tenant shall have abandoned the Premises. If Landlord elects to not terminate the Lease, Landlord shall have the right to attempt to re -let the Premises at such rent and upon such conditions and for such a term, and to perform all acts necessary to maintain or preserve the Premises as Landlord deems reasonable and necessary, without being deemed to have elected to terminate the Lease, including removal of all persons and property from the Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and on the account of Tenant. In the event any such re -letting occurs, this Lease shall terminate automatically upon the new Tenant taking possession of the Premises. Notwithstanding that Landlord fails to elect to terminate the Lease initially, Landlord at any time during the Term may elect to terminate this Lease by virtue of such previous default of Tenant so long as Tenant remains in default under this Lease. 15.c.(2). Terminate Lease: To terminate Tenant's right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following: (i) any and all unpaid Rent which had been earned at the time of such termination, plus (ii) any and all Rent which would have been earned after termination until the time of occupancy of the Premises by a new tenant following the re -letting of the Premises, plus (iii) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of business would be likely to result therefrom, including without limitation, in (A) retaking possession of the Premises, including reasonable attorney fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for re - letting to a new tenant, including repairs or necessary alterations to the Premises for such re - letting, (D) leasing commissions incident to re -letting to a new tenant, and (E) any other costs necessary or appropriate to re -let the Premises; plus (iv) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. The amounts referenced in this Section include interest at 12% per annum. 16. BINDING AGREEMENT: Subject to the restriction upon assignment or subletting as set forth herein, all of the terms, conditions, and provisions of this Lease shall be binding upon the parties, their successors and assigns, and in the case of a Tenant who is a natural person, his or her personal representative and heirs. 18 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) 17. CONDEMNATION: If the whole or any substantial part of the Premises shall be condemned or taken by Landlord or any county, state, or federal authority for any purpose, then the Term shall cease as to the part so taken from the day the possession of that part shall be required for any purpose, and the rent shall be paid up to that date. From that day the Tenant shall have the right to either cancel this lease and declare the same null and void, or to continue in the possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the Premises taken for such public purposes. All damages awarded for such taking for any public purpose shall belong to and be the property of the Landlord, whether such damage shall be awarded as compensation for the diminution in value to the leasehold, or to the fee of the Premises herein leased. Damages awarded for the taking of Tenant's improvements located on the Premises shall belong to and be awarded to Tenant. 18. SURRENDER OF PREMISES: Tenant shall quit and surrender the Premises at the end of the Term in a condition as good as the reasonable use thereof would permit, normal wear and tear excepted. Alterations, additions or improvements which may be made by either of the parties hereto on the Premises, except movable office furniture or trade fixtures put in at the expense of Tenant, shall be and remain the property of the Landlord and shall remain on and be surrendered with the Premises as a part thereof at the termination of this Lease without hindrance, molestation, or injury. Tenant shall remove from the Premises, upon request of the Landlord, movable office furniture or trade fixtures put in at the expense of Tenant. Tenant shall, at its sole expense, properly and promptly repair to Landlord's reasonable satisfaction any damage to the Premises occasioned by Tenant's use thereof, or by the removal of Tenant's movable office furniture or trade fixtures and equipment, which repair shall include the patching and filling of holes and repair of structural damage. 19. INSURANCE: 19.a. Personal Property: Tenant, at its expense, shall maintain in force during the Term a policy of special form —causes of loss or all risk property insurance on all of Tenant's alterations, improvements, trade fixtures, furniture and other personal property in, on or about the Premises, in an amount equal to at least their full replacement cost. Any proceeds of any such policy available to Tenant shall be used by Tenant for the restoration of Tenant's alterations, improvements and trade fixtures and the replacement of Tenant's furniture and other personal property. Any portion of such proceeds not used for such restoration shall belong to Tenant. 19.b. Liability Insurance. Tenant, at its expense, shall maintain in force during the Term the following types of insurance (or equivalents): a policy of commercial general liability insurance (including premises liability), with the following limits: $1,000,000 per occurrence, $2,000,000 annual aggregate. Landlord shall be named as an additional insured on Tenant's liability insurance solely with respect to the operations of the named insured (i.e., Tenant) and that coverage being primary and non-contributory with any other policy(ies) carried by, or 19 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) available to, the Landlord. The Tenant shall provide the Landlord with written notice of any policy cancellation, within two business days of their receipt of such notice. 19.c. Insurance Policies: Insurance required hereunder shall be written by a company or companies acceptable to Landlord. Landlord reserves the right to establish and, from time -to - time, to increase minimum insurance coverage amounts. Insurance required herein shall provide coverage on an occurrence basis, not a claims -made basis. Notice of increased minimum insurance coverage amounts shall be sent to the Tenant at least ninety (90) days prior to the annual renewal date of the Tenant's insurance. Prior to possession the Tenant shall deliver to Landlord documents, in a form acceptable to Landlord, evidencing the existence and amounts of such insurance. Tenant shall, prior to the expiration of such policies, furnish Landlord with evidence of renewal of such insurance, in a form acceptable to Landlord. Tenant shall not do or permit to be done anything which shall invalidate the insurance policies referred to above. Tenant shall forthwith, upon Landlord's demand, reimburse Landlord for any additional premiums for insurance carried by Landlord attributable to any act or omission or operation of Tenant causing such increase in the cost of insurance. If Tenant shall fail to procure and maintain such insurance, then Landlord may, but shall not be required to, procure and maintain the same, and Tenant shall promptly reimburse Landlord for the premiums and other costs paid or incurred by Landlord to procure and maintain such insurance. Failure on the part of the Tenant to maintain the insurance as required shall constitute a material breach of the lease, upon which the Landlord may, after giving five business days notice to the Tenant to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Landlord on demand. 19.d. Waiver of Subrogation: Tenant and Landlord each waives any and all rights of recovery against the other, or against the officers, employees, agents and representatives of the other, for loss of or damage to such waiving party or its property or the property of others under its control, where such loss or damage is insured against under any insurance policy in force at the time of such loss or damage. Tenant shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carriers that the foregoing mutual waiver of subrogation is contained in this Lease. 20. TAXES: Tenant shall be responsible for the payment of any and all taxes and assessments upon any property or use acquired under this Lease and upon any alterations or improvement made by Tenant to the Premises. 21. NO WAIVER: It is further covenanted and agreed between the parties hereto that no waiver by Landlord of a breach by Tenant of any covenant, agreement, stipulation, or condition of this Lease shall be construed to be a waiver of any succeeding breach of the same covenant, agreement, stipulation, or condition, or a breach of any other covenant agreement, stipulation, or condition. The acceptance by the Landlord of rent after any breach by the Tenant 20 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) of any covenant or condition by Tenant to be performed or observed shall be construed to be payment for the use and occupation of the Premises and shall not waive any such breach or any right of forfeiture arising therefrom. 22. NOTICES: All notices or requests required or permitted under this Lease shall be in writing; shall be personally delivered, delivered by a reputable express delivery service such as Federal Express or DHL, or sent by certified mail, return receipt requested, postage prepaid, and shall be deemed delivered on receipt or refusal. All notices or requests to Landlord shall be sent to Landlord at Landlord's address set forth below and all notices or requests to Tenant shall be sent to Tenant at Tenant's address set forth below: Landlord's Address: Airport Administration Office Attn: Airport Manager 616 West Perimeter Road, Unit A Renton, Washington 98057 Tenant's Address: Rainier Flight Service, LLC 800 West Perimeter Road Renton, WA 98057 Either party may change the address to which notices shall be sent by written notice to the other pa rty. 23. DISCRIMINATION PROHIBITED: 23.a. Discrimination Prohibited: Tenant covenants and agrees not to discriminate against any person or class of persons by reason of race, color, creed, sex or national origin, or any other class of person protected by federal or state law or the Renton City Code, in the use of any of its facilities provided for the public in the Airport. Tenant further agrees to furnish services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge on a fair, reasonable and not unjustly discriminatory basis for each unit of service; provided that Tenant may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 23.b. Minority Business Enterprise Policy: It is the policy of the Department of Transportation that minority business enterprises as defined in 49 C.F.R. Part 23 shall have the maximum opportunity to participate in the performance of leases as defined in 49 C.F.R. 23.5. Consequently, this Lease is subject to 49 C.F.R. Part 23, as applicable. No person shall be excluded from participation in, denied the benefits of or otherwise discriminated against in connection with the award and performance of any contract, including leases covered by 49 C.F.R. Part 23, on the grounds of race, color, national origin or sex. 21 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) 23.c. Application to Subleases: Subject to the provisions of Section 14 of this Lease, Tenant agrees that it will include the above clause in all assignments of this Lease or sub -leases, and cause its assignee(s) and sublessee(s) to similarly include the above clause in further assignments or subleases of this Lease. 24. FORCE MAJEURE: In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrections, war, or other reason of like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be extended for a period equivalent to the period of such delay. The provisions of this Section shall not, however, operate to excuse Tenant from the prompt payment of rent, or any other payment required by the terms of this Lease, to be made by Tenant. 25. TRANSFER OF PREMISES BY LANDLORD: In the event of any sale, conveyance, transfer or assignment by Landlord of its interest in the Premises, Landlord shall be relieved of all liability arising from this Lease and arising out of any act, occurrence or omission occurring after the consummation of such sale, conveyance, transfer or assignment, provided that the Landlord's transferee shall have assumed and agreed to carry out all of the obligations of the Landlord under this Lease. 26. ATTORNEYS' FEES AND COSTS; COLLECTION COSTS: If either party brings any action for relief against the other party, declaratory or otherwise, arising out of this Lease, including any action by Landlord for the recovery of Rent or possession of the Premises, the prevailing party shall be entitled to reasonable attorneys' fees and costs of litigation as established by the court. If the matter is not litigated or resolved through a lawsuit, then any attorneys' fees for collection of past -due rent or enforcement of any right of Landlord or duty of Tenant hereunder shall entitle Landlord to recover, in addition to any late payment charge, any costs of collection or enforcement, including reasonable attorney's fees. For the purpose of this Section26, attorney's fees shall include a reasonable rate for attorney's employed by the City. 27. EMERGENCY RESPONSE: Tenant must provide to the Airport Manager reasonable access and response in times of emergency or urgency. The Tenant is wholly responsible to keep an up-to-date listing of aircraft types, identification, and owners on file and at the Airport Manager's office. 28. DEFINITIONS: As used in this Lease, the following words and phrases, whether or not capitalized, shall have the following meanings: "Additional Rent" means any charges or monetary sums to be paid by Tenant to Landlord under the provisions of this Lease other than Minimum Monthly Rent. 22 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) "Authorized representatives" means any officer, agent, employee, independent contractor or invitee of either party. "Environmental Laws and Requirements" means any and all federal, state, local laws, statutes, ordinances, rules, regulations and/or common law relating to environmental protection, contamination, the release, generation, production, transport, treatment, processing, use, disposal, or storage of Hazardous Substances, worker health or safety or industrial hygiene, and the regulations promulgated by regulatory agencies pursuant to these laws, and any applicable federal, state, and/or local regulatory agency -initiated orders, requirements, obligations, directives, notices, approvals, licenses, or permits. "Expiration" means the coming to an end of the time specified in the Lease as its duration, including any extension of the Term. "Hazardous Substances" means any and all material, waste, chemical, compound, substance, mixture or byproduct that is identified, defined, designated, listed, restricted or otherwise regulated under any Environmental Laws and Requirements as a "hazardous constituent," "hazardous substance," "hazardous material," "extremely hazardous material," "hazardous waste," "acutely hazardous waste," "hazardous waste constituent," "infectious waste," "medical waste," "biohazardous waste," "extremely hazardous waste," "pollutant," "toxic pollutant" or "contaminant." The term "Hazardous Substances" includes, without limitation, any material or substance which is (i) hexavalent chromium; (ii) pentachlorophenol; (iii) volatile organic compounds; (iv) petroleum; (v) asbestos; (vi) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. (33 U.S.C. § 1321); (vii) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903); (viii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601); or (ix) designated as a "hazardous substance" pursuant to the Washington Model Toxics Control Act, RCW 70.105D.010 et seq. "Parties" means Landlord and Tenant. "Person" means one or more human beings, or legal entities or other artificial persons, including without limitation, partnerships, corporations, trusts, estates, associations and any combination of human beings and legal entities. "Rent" means Minimum Monthly Rent, as adjusted from time to time under this Lease, and Additional Rent. 29. GENERAL PROVISIONS: 23 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) 29.a. Entire Agreement: This Lease sets forth the entire agreement of the parties as to the subject matter hereof and supersedes all prior discussions and understandings between them. This Lease may not be amended or rescinded in any manner except by an instrument in writing signed by a duly authorized officer or representative of each party hereto. 29.b. Governing Law: This Lease shall be governed by, and construed and enforced in accordance with, the laws of the State of Washington. 29.c. Severability: Should any of the provisions of this Lease be found to be invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be stricken and the remainder of this Lease shall nonetheless remain in full force and effect unless striking such provision shall materially alter the intention of the parties. 29.d. Jurisdiction and Venue: In the event any action is brought to enforce any of the provisions of this Lease, the parties agree to be subject to exclusive in personam jurisdiction in the Superior Court of the State of Washington in and for the County of King or in the United States District Court for the Western District of Washington. 29.e. Waiver: No waiver of any right under this Lease shall be effective unless contained in a writing signed by a duly authorized officer or representative of the party sought to be charged with the waiver and no waiver of any right arising from any breach or failure to perform shall be deemed to be a waiver of any future right or of any other right arising under this Lease. 29.f. Captions: Section captions contained in this Lease are included for convenience only and form no part of the agreement between the parties. 29.g. Assignee as Tenant: The term "Tenant" shall be deemed to include the assignee where there is a full assignment of the Lease. 29.h. Effectiveness: This Lease shall not be binding or effective until properly executed and delivered by Landlord and Tenant. 29.i. Gender and Number: As used in this Lease, the masculine shall include the feminine and neuter, the feminine shall include the masculine and neuter, the neuter shall include the masculine and feminine, the singular shall include the plural and the plural shall include the singular, as the context may require. 29.j. Time of the Essence: Time is of the essence in the performance of all covenants and conditions in this Lease for which time is a factor. 29.k. Joint and Several Liability: If Tenant is composed of more than one person or entity, then the obligations of all such persons and entities under this Lease shall be joint and several. 24 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) 29.1. No Recordation Without Consent of Landlord: Tenant shall not record this Lease or any memorandum of this Lease without Landlord's prior written consent. 29.m. Cumulative Remedies: No remedy or election hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity. 29.n. Corporate Authority: If Tenant is a corporation or limited liability company, each individual executing this Lease on behalf of said corporation or limited liability company represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation or limited liability company pursuant to duly enacted resolutions or other action of such corporation or limited liability company and that this Lease is binding upon said corporation or limited liability company in accordance with its terms. TENANT: LANDLORD: RAINIER FLIGHT SERVICE, LLC THE CITY OF RENTON a Washington Limited Liability a Washington municipal corporation corporation By: Denis Law Its: Mayor Date: Date: /ellaI*19 By Jason A. Seth, City Clerk Date: Approved as to legal form: Shane Moloney, City Attorney 25 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) STATE OF WASHINGTON ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of , a , to be the free and voluntary act of such for the uses and purposes mentioned in the instrument. Dated this day of 1201 [Signature of Notary] [Print Name of Notary] Notary Public in and for the State of Washington, residing at My commission expires: STATE OF WASHINGTON ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of , a , to be the free and voluntary act of such for the uses and purposes mentioned in the instrument. Dated this day of , 201_. [Signature of Notary] [Print Name of Notary] Notary Public in and for the State of Washington, residing at My commission expires: 26 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) STATE OF WASHINGTON ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of , a , to be the free and voluntary act of such for the uses and purposes mentioned in the instrument. Dated this day of , 201_ STATE OF WASHINGTON ss. COUNTY OF [Signature of Notary] [Print Name of Notary] Notary Public in and for the State of Washington, residing at My commission expires: I certify that I know or have satisfactory evidence that is the person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of , a , to be the free and voluntary act of such for the uses and purposes mentioned in the instrument. Dated this day of , 201_ [Signature of Notary] [Print Name of Notary] Notary Public in and for the State of Washington, residing at My commission expires: 27 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) EXHIBIT A Lease Map and Legal Description [See following.] 28 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. I) EXHIBIT B Aircraft Laws and Regulations, RCW 47.68.250: Public Highways and Transportation. [See following.] 29 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) Inside the Legislature * Find Your Legislator * Visiting the Legislature * Agendas, Schedules and Cale ndars * Bill Information * Laws and Agency Rules * Legislative Committees * Legislative Agencies * Legislative Information Ce me r * E-mail Notifications (Listse rv} * Civic Education * History of the State Legislature Outside the Legislature * Congress - the Other Washington * TVW * Washington Courts * OFM Fiscal Note Website Access 1&Washington• Orly ill i1aY 6w�.nm.n1 YIY �,in ch I Help RCWs a Title 47 a Chanter 47.68 > Section 47.68.250 47.68.240 cc 47.68.250 » 47.68.255 RCW 47.68.250 Registration of aircraft. Every aircraft shall be registered with the department for each calendar year in which the aircraft is operated or is based within this state. A fee of fifteen dollars shall be charged for each such registration and each annual renewal thereof. Possession of the appropriate effective federal certificate, permit, rating, or license relating to ownership and airworthiness of the aircraft, and payment of the excise tax imposed by Title 82 RCW for the privilege of using the aircraft within this state during the year forwhich the registration is sought, and payment of the registration fee required by this section shall be the only requisites for registration of an aircraft under this section. The registration The imposed by this section shall be payable to and collected by the secretary. The fee for any calendar year must be paid during the month of January, and shall be collected by the secretary at the time of the collection by him or her of the said excise tax. If the secretary is satisfied that the requirements for registration of the aircraft have been met, he or she shall thereupon issue to the owner of the aircraft a certificate of registration therefor. The secretary shall pay to the state treasurer the registration fees collected under this section, which registration fees shall be credited to the aeronautics account in the transportation fund. It shall not be necessary forthe registrant to provide the secretary with originals or copies of federal certificates, permits, ratings, or licenses. The secretary shall issue certificates of registration, or such other evidences of registration or payment of fees as he or she may deem proper; and in connection therewith may prescribe requirements for the possession and exhibition of such certificates or other evidences. The provisions of this section shall not apply to: (1) An aircraft owned by and used exclusively in the service of any government or any political subdivision thereof, including the government of the United States, any state, territory, or possession ofthe United States, or the District of Columbia, which is not engaged in carrying persons or property for commercial purposes; (2) An aircraft registered underthe laws of a foreign country; (3) An aircraft which is owned by a nonresident and registered in another state: PROVIDED, That if said aircraft shall remain in and/or be based in this state for a period of ninety days or longer it shall not be exempt underthis section, (4) An aircraft engaged principally in cornmercial flying constituting an act of interstate or foreign commerce; (5) An aircraft owned by the commercial manufacturer the re ofwhile being operated far test or experimental purposes, or for the purpose of training crews for purchasers of the aircraft; (6) An aircraft being held for sale, exchange, delivery, test, or demonstration purposes solely as stock in trade of an aircraft dealer licensed under Title 14 RCW; (7) An aircraft based within the state that is in an unairworthy condition, is not operated within the registration period, and has obtained awritten exemption issued by the secretary. The secretary shall be notified within thirty days of any change in ownership of a 30 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) regist@red aircraft. The notification shall contain the N, NC, NR, NL, or NX number of the aircraft, the full name and address of the former owner, and the full name and address of the new owner. For failure to so notify the secretary, the registration of that aircraft may be canceled by the secretary, subject to reinstatement upon application and payment of a reinstatement fee of ten dollars by the new owner. A municipality or port district that owns, operates, or leases an airport, as defined in RCW 47.6&020, with the intent to operate, shall require from an aircraft owner proof of aircraft registration as a condition of leasing or selling tiedown or hanger space for an aircraft. It is the responsibility of the lessee or purchaser to register the aircraft. The airport shall work with the aviation division to assist in its efforts to register aircraft by providing information about based aircraft on an annual basis as requested by the division. [2003 c 375 § 4. 1999 c 302 § 2; 1998 c 188 § 1; 1996 c 170 § 3. 1993 c 208 § 7; 1967 c 220 § 3; 1979 c 168 § 206; 1967 ex_s_ c 9 § 8; 1956 c 150 § 11; 1949 c 49 § 12.1947 c 165 § 25; Re rn_ Su pp. 1949 § 10964-105_ Formerly RCW 14.04 2 I Notes: Effective date -- 2003 c 375: See note following RCW 47.68,240. Severability -- 1987 c 220: See note fallowing RCW 47,68,230. Aircraft dealers: Chapter 14.20 RCW. Definition of terms: RCW 14.20.010, 47.68.020. 31 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) APPENDIX 1 Improvements on Parcels 800 and 820 1. Tenant, solely at its discretion, cost and expense, may construct or cause to be constructed upon the leased land at 800 West Perimeter Road, Renton, Washington, 98057 (hereinafter called the "800 Parcel") and the leased land at 820 West Perimeter Road, Renton, Washington, 98057 (hereinafter called the "820 Parcel"), that certain building, or buildings, and improvements as set forth in this Appendix 1. 2. Tenant and Landlord mutually desire to see the 800 Parcel developed by demolishing the existing building and then constructing a new hangar for storage and aircraft management (collectively, the "800 Parcel Improvements"). The 800 Parcel Improvements will be planned and built adhering to the design guidelines, design approval process, and schedule set forth in Section 10 below, subject to adjustment as further set forth in this Appendix 1. 3. Tenant and Landlord mutually desire to see the 820 Parcel developed to include a single large combination hangar and office building, a landside parking lot, and adequate ramp space for parked aircraft without need to expand to other parcels (collectively, the "820 Parcel Improvements"). The 820 Parcel Improvements will be planned and built adhering to the design guidelines, design approval process, and schedule set forth in Section 10 below, subject to adjustment as further set forth in this Appendix 1. 4. Tenant understands and agrees that although it can construct its improvements on the 800 Parcel and the 820 Parcel to function compatibly, the 800 Parcel Improvements and the 820 Parcel Improvements must ultimately be legally segregable. Tenant further understands and agrees that any and all development on the 800 Parcel and the 820 Parcel is subject to final written approval by the City and is subject to the City's permit approval process prior to the commencement of any ground -disturbing work on the respective parcels, as is further set forth in this Appendix 1. 5. Buildings on the 800 Parcel and 820 Parcel will be designed to be functional, neat, and attractive. The design will include varied materials, colors, articulated surfaces or other means in order to avoid unbroken expanses of siding with no aesthetic value or point of interest. Landscaping shall conform to or exceed the requirements of the City of Renton Municipal Code. Pavement design and pavement markings on the airside of the perimeter security fence will conform to applicable FAA Advisory Circular requirements. 6. Tenant acknowledges that the Renton Municipal Airport Master Plan is currently being updated (the "Master Plan Update"). Therefore, Tenant agrees that the height and configuration of any and all buildings and other improvements proposed to be constructed will LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) be subject to any restriction(s) caused by existing landing, runway, or taxiway requirements of the Airport as indicated in the Airport Master Plan and other public planning documents available to Tenant at the time of execution of the Lease, or as amended in the Master Plan Update. 7. Tenant will follow the following design approval process for the 800 Parcel Improvements and for the 820 Parcel Improvements: 7.a. Before beginning design, Tenant will consult with the Public Works Administrator, or designee, regarding the type of proposed building(s), landscaping and other improvements, the Tenant's general approach to the design, and the Parcel Improvement Plan, as described below; and 7.b. Before submitting applications for land use permits to the City, Tenant will present a design proposal to the Transportation/Aviation Committee of the Renton City Council consisting of sketches, color renderings, material selection boards, other means of conveying the design approach and intent, and a summary or visual of intended functions for interior building space. Land use permit applications will not be accepted by the City until the Renton City Council has issued written approval of Tenant's design proposal, and no land use application will be accepted by the City unless it is consistent with the approved design proposal; and 7.c. Before submitting applications for building permits to the City, Tenant will provide the City's Public Works Administrator, or designee, with preliminary construction documents for review. Building permit applications will not be accepted by the City until the City's Public Works Administrator, or designee, has confirmed in writing that the preliminary construction documents are consistent with the Renton City Council's approved design proposal. If the City's Public Works Administrator, or designee, determines that the preliminary construction documents are not consistent with the Renton City Council's approved design proposal, no building application will be accepted by the City until the Tenant revises the preliminary construction documents or obtains design change approval from the Renton City Council; and 7.d. No building permit will be issued by the City until and unless the City's Public Works Administrator, or designee, has confirmed in writing that the permit documents are consistent with the Renton City Council's approved design proposal. If the City's Public Works Administrator, or designee, determines that the permit documents are not consistent with the Renton City Council's approved design proposal, then prior to building permit issuance Tenant will revise the permit documents or obtain design change approval from the Renton City Council; and 7.e. The primary intent of Subsections 7.a. through 7.d., above, is that the 800 Parcel Improvements and 820 Parcel Improvements be visually and functionally consistent with a design approved by the Renton City Council. After the Renton City Council has approved Tenant's design proposal, any subsequent proposed material alterations will require a new presentation to the Transportation/Aviation Committee and a new approval decision by the Renton City Council. 2 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) 8. For the 800 Parcel Improvements and for the 820 Parcel Improvements, Tenant's permit application(s) to the City will be accompanied by a "Parcel Improvement Plan" depicting all proposed and anticipated future improvements to the leasehold parcel, which must make accommodation for: 8.a. All parking areas for tenant and customer land vehicles to insure they are located outside the perimeter security fence; and 8.b. An unbroken security perimeter between the security fence and the building(s) to prevent unauthorized access to the airside; and 8.c. Adequate space for land vehicle parking outside the perimeter fence and aircraft parking on the apron on the airside. The buildings(s) shall be sized and situated to allow such adequate space; and; 8.d. Height and configuration to avoid interfering with landing, runway, and taxiway requirements of the Airport. Tenant will obtain from the City written approval of the Parcel Improvement Plan for the 800 Parcel Improvements prior to constructing permanent improvements on the 800 Parcel. Tenant will obtain from the City written approval of the Parcel Improvement Plan for the 820 Parcel Improvements prior to constructing permanent improvements on the 820 Parcel. 9. Tenant agrees that the Term of the Lease, LAG 19- , Section 3, is contingent on the Tenant meeting all schedule milestones (subject to Section 9d below) as follows: 9.a. If Tenant does not meet all of the schedule milestones for the 820 Parcel Improvements in Subsection 10.b. of this Appendix 1, the following will automatically apply and supersede any conflicting term or condition in LAG 19- , Section 3: The Lease Term will expire on February 28, 2022 or six (6) months from the date of the failure to meet a milestone, whichever is later. 9.b. If Tenant does not complete all 800 Parcel Improvements within 18 months of the 800 Parcel Construction Date (as defined below, the following will automatically apply and supersede any conflicting term or condition in LAG 19- , Section 3: Tenant and Landloard will as soon as practicable amend the Lease to remove the 800 Parcel from the Lease by removing it from the definition of the term Premises and making all other related amendments to the Lease, and Tenant agrees to restore the 800 Parcel to as good or better condition than at the Commencement Date. 9.c. If Tenant timely meets all of the schedule milestones for both the 800 Parcel Improvements and the 820 Parcel improvements as set forth in Section 10 of this Appendix 1, the following will automatically apply and supersede any conflicting term or condition in LAG 19- 3 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) Section 3: The Lease Term is extended an additional ten (10) years beyond the original 30-year term such that it expires on May 31, 2059. 9.d. Notwithstanding anything in this Appendix 1 to the contrary, the parties agree that if it appears a milestone will not be met despite the good faith efforts of Tenant, the parties will enter into good faith discussions with the goal of modifying the milestone to an attainable date. If agreement is not reached before the milestone in question passes, the milestone is deemed not met. Further, if any milestone will not be met as a result of a delay on the part of Landlord or its agents (including airport staff), the parties shall modify the milestone to an attainable date. 10. Schedule Milestones. 10.a. Schedule Milestones for the 800 Parcel Improvements. 10.a.(1). Milestone #1 - Tenant will submit a complete permit application for the demolitions portion of the 800 Parcel Improvements no later than December 1, 2029, and shall complete demolition no later than April 1, 2030. (The date that the City determines that demolition is complete is the "Demolition Date.") 10.a.(2). Milestone #2 - Tenant will submit a complete permit application for the construction portions of the 800 Parcel Improvements to the City's Department of Community and Economic Development ("CED") no later than December 1, 2029. 10.a.(3). Milestone #3 - Tenant will commence construction no sooner than June 1, 2020 and no later than June 1, 2030. (The date that construction commences is the "800 Parcel Construction Date.") Tenant shall notify the City of the 800 Parcel Construction Date. 10.a.(4). Milestone #4 - Tenant will complete all 800 Parcel Improvements within 18 months after the 800 Parcel Construction Date. 10.b. Schedule Milestones for the 820 Parcel Improvements. 10.b.(1). Milestone #1 - Tenant will submit a complete permit application for the 820 Parcel Improvements to CED no later than December 1, 2019. 10.b.(2). Milestone #2 - Tenant will commence construction no sooner than June 1, 2019 and no later than February 29, 2020. (The date that construction commences is the "820 Parcel Construction Date.") Tenant shall notify the City of the 820 Parcel Construction Date. 4 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) 10.b.(3). Milestone #3 - Tenant will complete all 820 Parcel Improvements within 18 months after the 820 Parcel Construction Date. 11. Tenant will, at the time of submitting its complete permit applications for the 800 Parcel Improvements and the 820 Parcel Improvements, respectively, submit to the Airport Manager a critical path construction schedule for any and all buildings and other improvements to be constructed on the parcels. 12. Tenant will cause the 800 Parcel Improvements and the 820 Parcel Improvements to be performed by licensed and bonded contractors, approved by the City, and the contractors will provide, if required by the City, a performance bond covering all work. 13. Tenant will be fully responsible for all demolition and construction and all activities incidental thereto. Tenant is not an agent or employee of the City and undertakes any activity hereunder solely on its own behalf. All risks of loss arising from Tenant's work under this Appendix 1 will rest on Tenant. 14. Tenant will pay all costs of grading, constructing, paving, and all other development costs, including all permits, within the Premises and costs of utility installation, relocation, or removal required by the construction and its use and occupancy of the Premises. All excavated soils will be removed and disposed of at an approved off -site location. All backfill material will be imported material and the type and quality of the material will be approved by the Airport engineer. 15. All work and material will be of good quality, free of defects, and accomplished in a workmanlike manner in conformity with approved plans and specifications. All work will be performed in a safe manner both on the Premises and with respect to any other City property at the Airport which might be used or affected by any activity of the Tenant during demolition, construction, and incidental activities. The work will be performed so as not to interfere with the use of other Airport by the City, its other tenants, or other users of the Airport. Tenant will keep the Premises, and any other Airport property, free of waste materials and rubbish caused by the demolition, construction, and incidental activities. Material and/or equipment will not be placed or stored upon Airport property other than the Premises. 16. Work and/or material not in accord with this Appendix 1, will be promptly corrected, removed, replaced, and/or repaired at the Tenant's expense upon written notice by the Airport Manager or other City representative. If such work and/or material is/are not so corrected, removed, replaced, and/or repaired by the Tenant promptly after such notice, the City may, at its choice, correct, remove, replace, and/or repair such work and/or material at the Tenant's expense. This is a material provision of the Lease, LAG 19- , violation of which will 5 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. 1) be a material breach of the Lease, for which Landlord may terminate the Lease without further notice. 17. The City will not be liable for any damages in connection with the approval or disapproval of any plans and specifications or any demolition, construction, or other activities of Tenant or anyone acting on Tenant's behalf on the Premises, or the enforcement or failure to enforce any provisions of the Lease. The City's approval of plans and specifications will not constitute the assumption of any responsibility by the City or its representatives of the accuracy, efficiency, or sufficiency thereof, and Tenant will be solely responsible therefore. 18. Upon completion of construction, Tenant will provide to CED a reproducible, CAD format copy of all as -built drawings for all building and utilities on the 800 Parcel and the 820 Parcel. END OF APPENDIX 1 6 LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820) AGENDA ITEM #6. m) AB - 2289 C[TY OF -----wwwo�Renton u0"I" SUBJECT/TITLE: State of Washington Transportation Improvement Board Fuel Tax Grant Agreement for the Duvall Avenue NE Roadway Improvements Project, NE 9th Street to NE 10th Street RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Heather Gregersen, Program Development Coordinator EXT.: 7393 The project has a total budget of $6,503,824 and is funded through a combination of a Washington State Transportation Improvement Board (TIB) grant for $3,468,289, a Department of Ecology (DOE) grant for $1,223,939 and City funding of $1,811,596. The attached TIB Fuel Tax Grant will add $500,000 to the Duvall Avenue NE Roadway Improvements project budget. The TIB grant has a total budget of $686,500 that includes $186,500 of City match. The project will have a new total budget of $7,190,324. The City received a $3,468,289 TIB grant for the design and construction of the Duvall Avenue NE project (project number 317.122702) between NE 10th Street and NE Sunset Blvd. to increase mobility for all modes of travel and improve safety for non -motorized users. The City also received a DOE grant for $1,223,939 for the design and construction of the Duvall Avenue NE project between NE 10th Street and NE 12th Street to improve water quality. The City has secured the attached TIB grant for $500,000 for construction of the Duvall Avenue NE project between NE 9th Street and NE 10th Street to improve connectivity, accessibility and safety along this missing segment of sidewalk. This grant will have a total budget of $686,500 that consists of the $500,000 awarded grant and City match of $186,500. The design of the project is anticipated to be completed by the end of 2018 and out to bid in early 2019. With this TIB grant, Duvall Avenue NE between NE 9th Street and NE 10th Street will be completed with a sidewalk and a bike lane on the east side. A. Agreement Authorize the Mayor and City Clerk to execute the State of Washington Transportation Improvement Board Fuel Tax Grant Agreement for $500,000 for the Duvall Avenue NE Roadway Improvements Project, NE 9th Street to NE 10th Street. TIB Members I chair Mayor Glenn Johnson City of Fullman Vice chair Commissioner Richard Stevens Grant County Amy Asher Rrver0 ies Transit Myssa Ball Offke of Flnancnl Management Aaron Butters, P.E. HW Lochner Inc. Jeff Carpenter, P.F. W SDOT Barbara Chamberlain W SDOT Elizabeth Chamberlain Cltyof Walla Walla Mike Dahlem City of Sumner Sue Dreier Pierce Transit Commissioner Terri Dreafer Mason County John Kiekotka, P.E. Port of Everett Commissioner Robert Koch Fn nkl:n County John Koster County Road Administratlon Board Colleen Kuhn Human Services Council Mayor Ran Lucas Town of Steilacoom Mick Matheson, P.E. City of Mukilteo David Ramsay Feet First Councilmember MAe Todd City of Mill Creek Ashley Probart Etecui 0frector P.O. Box 40901 Olympia, WA 9B504-0901 Phone: 360-586-1140 Far: 360-586.3155 www.b b.wa.gov AGENDA ITEM #6. m) Washington State Transportation Improvement Board November 16, 2018 Mr. Gregg Zimmerman, P.E. Public Works Administrator City of Renton 1055 South Grady Way Renton, WA 98057-3232 Dear Mr�,Zirfimman: RECEIVED NOV 2 7 2018 CITY OF RENTON PUBLIC WORKS ADMIN Congratulations! We are pleased to announce the selection of your project, Duvall Avenue NE, NE 9th St to NE 10th St, TIB project number P-P-102(P02)-1. Total TIB funds for this project are $500,000. Before any work is allowed on this project, you must: • Verify the information on the Project Funding Status Form, revise if necessary, and sign; • Submit the section of your adopted Six Year Transportation Plan listing this project; • Sign both copies of the Fuel Tax Grant Distribution Agreement; and • Return the above items to TIB; You may only incur reimbursable expenses after you receive approval from TIB In accordance with RCW 47,26.084, you must certify full funding by November 16, 2019 or the grant may be terminated. Grants may also be rescinded due to unreasonable project delay as described in WAC 479-05-211. No federal funding has been identified in your project and was a factor in its selection. Federalizing this project may result in disallowing cost increase requests. If you have questions, please contact Greg Armstrong, TIB Project Engineer, at (360) 586-1142 or e-mail GreaA(a-TIB.wa.i Sincerely, A ti Ashley Probart Executive Director Enclosures Investing in your local community AGENDA ITEM #6. m) �� Washington State Transportation Improvement Board P-P-102(P02)-1 (005,J Fuel Tax Grant Agreement City of Renton P-P-102(P02)-1 Duvall Avenue NE NE 9th St to NE 10th St STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Renton AGREEMENT THIS GRANT AGREEMENT (hereinafter "Agreement") for the Duvall Avenue NE, NE 9th St to NE 10th St (hereinafter "Project") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB") and City of Renton, a political subdivision of the State of Washington (hereinafter "RECIPIENT"). 1.0 PURPOSE TIB hereby grants funds in the amount of $500,000 for the project specified above, pursuant to terms contained in the RECIPIENT'S Grant Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and conditions listed below. 2.0 SCOPE AND BUDGET The Project Scope and Budget are initially described in RECIPIENT's Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. 3.0 PROJECT DOCUMENTATION TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT's submission of each Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: a) Project Funding Status Form b) Bid Authorization Form with plans and engineers estimate c) Award Updated Cost Estimate d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities f) Project Accounting History 4.0 BILLING AND PAYMENT The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable Fuel Tax Agreement Page I of 5 November 2012 AGENDA ITEM #6. m) Washington State Transportation Improvement Board P-P-102(P02)-1 CM Fuel Tax Grant Agreement amounts are greater than $50,000. If progress billings are not submitted, large payments may be delayed or scheduled in a payment plan. 5.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant or until terminated as provided herein, but shall not exceed 10 years unless amended by the Parties. 6.0 AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 7.0 ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT's other rights under this Agreement. 8.0 GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9.0 DEFAULT AND TERMINATION 9.1 NON-COMPLIANCE a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non-compliance. b) In response to the notice, RECIPIENT shall provide a written response within 10 business days of receipt of TIB's notice of non-compliance, which should include either a detailed plan to correct the non-compliance, a request to amend the Project, or a denial accompanied by supporting details. c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. 9.2 DEFAULT RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: Fuel Tax Agreement Page 2 of 5 November 2012 AGENDA ITEM #6. m) Washington State Transportation Improvement Board P-P-102(P02)-9 Fuel Tax Grant Agreement a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENT's request to amend the Project. c) After investigation TIB confirms RECIPIENT'S non-compliance. TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. 9.3 TERMINATION a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and/or take such action as may be directed by TIB. b) In the event of default and/or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. 9.4 TERMINATION FOR NECESSITY TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB's obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. USE OF TIB GRANT FUNDS TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for anything other than highway or roadway system improvements is prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor vehicle purpose. 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS At Bid Award and Contract Completion, RECIPIENT may request an increase in the TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be made pursuant to WAC 479-05-202 and/or WAC 479-01-060. If an increase is denied, the recipient shall be liable for costs incurred in excess of the grant amount. In the event that final costs related to the specific project are less than the initial grant award, TIB funds will be decreased and/or refunded to TIB in a manner that maintains the original ratio between TIB funds and total project costs. Fuel Tax Agreement Page 3 of 5 November 2012 AGENDA ITEM #6. , m) Washington State Transportation Improvement Board P-P-102(P02)-1 Fuel Tax Grant Agreement 12.0 INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 13.0 INDEMNIFICATION AND HOLD HARMLESS The PARTIES agree to the following: Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from, that PARTY's own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. 14.0 DISPUTE RESOLUTION a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non -binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. Fuel Tax Agreement Page 4 of 5 Novcmbcr 2012 AGENDA ITEM #6. m) Washington State Transportation Improvement Board P-P-102(P02)-1 Fuel Tax Grant Agreement 15.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. 16.0 RECORDS MAINTENANCE The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Approved as to Form Attorney General By: Signature on file Guy Bowman Assistant Attorney General Lead Agency Transportation Improvement Board Chief Executive Officer Date Executive Director Date Print Name Print Name Fuel Tax Agreement Page 5 of 5 November 2012 AGENDA ITEM #6, m) Transportation Improvement Board �.1 Project Funding Status Form Agency Name RENTON TIB Project Number: P-P-102(P02)-1 Project Name: Duvall Avenue NE NE 9th St to NE 10th St Verify the information below and revise if necessary. Return to: Transportation Improvement Board • PO Box 40901 • Olympia, WA 98504-0901 PRn,lFCT5C1-mill F Target Dates Construction Approval Contract Bid Award Contract Completion 02I2019 0512019 1212020 F'KUJtzUI rUNUINUFAKINE=KS List additional fundinc Dartners and amount Funding Partners Amount Revised Funding RENTON 186,500 WSDOT 0 TOTAL LOCAL FUNDS 186,500 Signatures are required trom two different agency officials. Return the originally signed form to the TIB office. Mayor or Public Works Director Signature Printed or Typed Name Financial Officer ignature Printed or Typed Name TIB Funding Status Report Date Title Date Title AGENDA ITEM #6. n) AB - 2291 C[TY OF -----wwwo�Renton uOl"' SUBJECT/TITLE: Agreement with KPG, Inc. for the NE 16th Street - Jefferson Avenue NE Stormwater Green Connections Project SWP-27-4016 RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Utility Systems Division STAFF CONTACT: Ron Straka, Surface Water Utility Engineering Manager EXT.: 7248 Funding for this agreement in the amount of $424,451 is available from the approved 2019 Surface Water Utility Capital Improvement Program budget for the NE 16th - Jefferson Avenue NE Stormwater Green Connections Project (427.475508). The project is partially funded by the Department of Ecology Water Quality Grant Agreement WQC-2019-Renton-00067. The Water Utility has also allocated funds in the 2019 and 2020 Water Utility Capital Improvement Program budget to cover the costs associated with any proposed water utility improvements. There is sufficient funding in the budgets to cover this agreement. 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, including NE 16th Street and Jefferson Avenue NE, to be transformed to improve pedestrian mobility, stormwater quality, reduce the quantity of stormwater runoff and create an inviting corridor to enhance the neighborhood. In order to implement the Sunset Area Surface Water Master Plan goals for NE 16th Street and Jefferson Avenue NE the Surface Water Utility applied for and was awarded a Department of Ecology Stormwater Quality Grant. In addition to the Surface Water Utility work the Water Utility has determined that the existing water systems need to be replaced and is proposing water main improvements at both Jefferson Avenue NE and NE 16th Street. The Water Utility and Surface Water Utility worked together through the design consultant selection process to find the most qualified firm. KPG, Inc. was selected as the most qualified firm, in accordance with city policy 250-02, to provide consulting services for both utilities. The proposed scope of work includes survey, base mapping, right-of-way investigation and a geotechnical analysis to better understand the site. The scope also includes utility coordination, a design report, preliminary design and final design for storm and water improvements that will be used as the contract documents. KPG, Inc. will also assist the city during the contractor selection process. A. Map B. Agreement AGENDA ITEM #6. n) Authorize the Mayor and City Clerk to execute the agreement with KPG, Inc. in the amount of $424,451 for design services and water improvements for the NE 16th Street - Jefferson Avenue NE Stormwater Green Connections Project. NE 16th St -Jefferson Ave Ne 7 FIG. 1: PROJECT AREA 0 136 272 Feet 1984_Web_Mercator_Auxil iary_Sphere city °f Refffo n is Finance & IT Division Legend �.; City and County Boundary Tank Parcels vault Network Structures Wetland o Inlet — Stormwater Main A Manhole i Culvert E Utility vault Open Drains 0 Unknown Structure Facility Outline Control Structure Private Network Structures ® Pump Station 12 Inlet 4u nicr harm Pnint ® Manhole COR Maps - GIS 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 Jmcdonald@Rentonwa.gov accurate, current, or otherwise reliable. 9/18/2018 THIS MAP IS NOT TO BE USED FOR NAVIGATION AGENDA ITEM #6. n) IQ] AGREEMENT FOR DESIGN SERVICES FOR THE NE 16TH ST- JEFFERSON AVENUE NE STORMWATER GREEN CONNECTIONS PROJECT SWP274016 THIS AGREEMENT, dated , is by and between the City of Renton (the "City"), a Washington municipal corporation, and KPG, Inc. ("Consultant"), a Washington Corporation. The City and the Consultant are referred to collectively in this Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide consulting and design services as specified in Exhibit A - C, which is attached and incorporated herein and may hereinafter be referred to as the "Work." 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit B or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit C. All Work shall be performed by no later than June 30, 2022. 4. Comoensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $424,541.00, plus any applicable state and local sales taxes. Compensation shall be paid as a flat rate fixed sum based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the AGENDA ITEM #6. n) name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant's performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days' notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and PAGE 2 OF 10 AGENDA ITEM #6. n) workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City's or other's adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/orto comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relations ff %,I, IL PAGE 3 OF 10 AGENDA ITEM #6. n) A. The Consultant is retained by the City only forth e purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant's failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate...) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant's liability shall be only to the extent of Consultant's negligence. PAGE 4 of 10 AGENDA ITEM #6. n) It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant's waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City's Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant's performance of the Work. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cros/one.aspx?portalld=7922741&pageld=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non -owned, leased, hired or non -owned, with minimum limits of $1,000,000 per occurrence combined single PAGE 5 of 10 AGENDA ITEM #6. n) limit, if there will be any use of Consultant's vehicles on the City's Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City's insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. F. Subject to the City's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant's reasonable control. When such delays beyond the Consultant's reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Ronald J. Straka 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7248 rstraka@rentonwa.gov Fax: (425) 430-7241 PAGE 6 OF 10 CONSULTANT KPG, Inc. 2502 Jefferson Avenue Tacoma, WA 98402 Phone: (253) 627-0720 Jason@kpg.com Fax: N/A AGENDA ITEM #6. n) 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant's agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement's non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub -contracts, or otherwise assigns the responsibility to perform PAGE 7 of 10 AGENDA ITEM #6. n) the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker's Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City's project manager is Jared McDonald, Surface Water Utility Engineer. In providing Work, Consultant shall coordinate with the City's contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant's employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the PAGE 8 OF 10 AGENDA ITEM #6. n) other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant's performance of this Agreement. K. Third -Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. ff %,I, IL PAGE 9 OF 10 AGENDA ITEM #6. n) N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By: Denis Law Mayor Date Attest Jason A. Seth City Clerk Approved as to Legal Form Shane Moloney Renton City Attorney Contract Template Updated 08/22/2018 PAGE 10 OF 10 CONSULTANT By: Jason Fritzler Principal Date AGENDA ITEM #6. n) EXHIBIT A CITY OF RENTON NE 16T"—JEFFERSON AVENUE NE STORMWATER GREEN CONNECTIONS PROJECT SW P-27-4016 SCOPE OF WORK DECEMBER 13, 2018 A. PROJECT BACKGROUND / DESCRIPTION The City of Renton ("City") completed and adopted the Sunset Community Plan and Planned Action Environmental Impact Statement, which evaluated potential impacts of redevelopment in the Sunset area. As part of this effort, the City developed and adopted the Sunset Area Surface Water Master Plan that identified certain residential streets as "Green Connections" that would be transformed to improve pedestrian mobility, improve stormwater quality, reduce the quantity of stormwater runoff, and create an inviting corridor to enhance the neighborhood. The City has previously completed two Green Connections projects on Harrington Avenue NE. The current project will construct Green Connections improvements on NE 16th Street from Harrington Avenue NE to Jefferson Avenue NE, and on Jefferson Avenue NE between NE 16th Street and NE 12th Street. The City has obtained a grant from the State of Washington Department of Ecology ("Ecology") to fund design and construction of the Green Connections improvements. Specific requirements of the grant are documented in Agreement No. WQC-2018-Renton- 00067 ("Grant Agreement"), which has been executed by the City and Ecology. The Grant Agreement states that the City will install water quality treatment facilities and on -site flow reduction best management practices (BMPs), such as bioretention facilities and pervious sidewalks. Curbs, gutters, 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 sites through curb cuts. The project will treat stormwater runoff from approximately two acres of pollution -generating impervious surfaces. In addition to the grant -funded stormwater improvements, the project will replace existing water mains within the project area utilizing City funding. City of Renton NE 16th —Jefferson Avenue NE Stormwater Green Connections Project (SWP-27-4016) KPG Project Number: 18144 1 December 2018 AGENDA ITEM #6. n) B. ASSUMPTIONS The following assumptions were made in preparation of this Scope of Work: ❑ Grant funded and non -grant funded work will be kept separate in consultant service invoicing as follows: o Tasks 1-10 are reimbursable by Ecology under Task 2 of the Grant Agreement o Task 12 is reimbursable by Ecology under Task 3 of the Grant Agreement o Tasks 11 and 13 (design and bidding phase services for water main replacements) are funded by the City. Project management efforts associated with this work has been included as a part of these tasks. o If other project tasks are found to not be reimbursable by the Ecology grant, a separate task will be created to keep consultant labor and expenses efforts separate. ❑ Grant funded and non -grant funded work will be kept separate in the construction contract documents as follows: o Water main design tasks will be identified as a separate bid schedule in the cost estimate and construction contract documents o If other project elements are determined to not be grant eligible, the construction costs for these elements will be kept separate using a separate bid schedule or other method as approved by the City and Ecology. ❑ The City will perform the Project Administration/Management tasks outlined in Task 1 of the Ecology Grant Agreement. ❑ AutoCAD/Civil 3D Version 2018, KPG drafting standards, and current City of Renton title block will be used for this project. The following City of Renton drafting standards (which differ from KPG standards) will be utilized on this project: o Plans will be drawn such that the north arrow points to the left or to the top of the sheet. ❑ The project will not require acquisition of right of way. ❑ Construction management and inspection will be performed by the City. The Consultant will provide services during construction under a separate contract. Additional assumptions are identified at the end of each Task. C. KPG DELIVERABLES Deliverables to be prepared by the Consultant are identified at the end of each Task. All deliverables will be provided in an electronic format; no paper copies will be submitted. D. CITY OF RENTON PROVIDED ITEMS: The City of Renton will be responsible for the following: ❑ Providing record drawings of City facilities within the project area. ❑ Submittal reviews, comments, and approvals (1 to 2 sets of comments per submittal) City of Renton NE 16th —Jefferson Avenue NE Stormwater Green Connections Project (SWP-27-4016) KPG Project Number: 18144 2 December 2018 AGENDA ITEM #6. n) ❑ Public notices, property owner mailings, postage, and host a project website o Meeting room arrangements ❑ Open House room arrangements ❑ Rights -of -entry for surveying, geotechnical review, and/or construction, if required ❑ Obtaining temporary construction easements, with support in the preparation of figures by the Consultant ❑ Providing contract boilerplate and general special provisions for use in the contract specifications E. SCOPE OF WORK Task 1 — Management / Coordination / Administration The Estimated project duration is 16 months. 1.1 The Consultant will provide continuous project management for the project duration of the project through Final Design (estimate 16 months). The Consultant will prepare monthly progress reports identifying work completed in the previous month, work in progress, upcoming work elements, and reporting of any delays, problems, or additional information needs. These reports will be submitted with the Consultant invoices. 1.2 The Consultant will prepare for and attend, and provide written meeting notes for design coordination videoconference meetings with City staff (estimate 20 videoconferences over the duration of the project). 1.3 The Consultant will prepare for, attend and provide written meeting notes for in - person design coordination meetings with City staff held at Renton City Hall. Six (6) in -person meetings have been estimated as follows: 0 10% alternatives review ■ 30% design review 0 60% design review 0 90% design review ■ 2 additional meetings with other City departments 1.4 The Consultant will prepare and provide updates to the project schedule as needed. 1.5 The Consultant will conduct regular project team meetings (estimate 24 meetings total) with internal staff and subconsultants. 1.6 The Consultant will provide internal quality assurance/quality control (QA/QC) reviews of all major deliverables prior to submittal to the City, including the following: City of Renton NE 16th —Jefferson Avenue NE Stormwater Green Connections Project (SWP-27-4016) KPG Project Number: 18144 3 December 2018 AGENDA ITEM #6. n) a. Preparation of a QA/QC Plan that includes checklist(s) to be completed by the reviewer(s) upon completion the review(s). b. QA/QC Reviews - The CONSULTANT shall schedule technical discipline review, lead designer review, and principle review of the deliverables. Task 1 Deliverables: • Monthly progress reports (PDF) ■ Project schedule (PDF) ■ Draft and final meeting notes (draft as Word document, final as PDF) ■ QA/QC Plan (PDF) ■ QA/QC Checklist, Signed and Initialed (PDF) Task 1 Assumptions: ■ Project management for the design phase will have a 16-month duration Task 2 — Survey and Base Mapping 2.1 Establish horizontal and vertical control points along the corridor for field topographic survey. Basis of control will be City of Renton Datum. (Horizontal NAVD 83/91, Vertical NAVD 88). Control points will be established and will be made available for use during design/construction. The consultant will locate, field survey, and calculate positions for monuments and control points throughout the project limits, using the Washington State plane coordinate system. Conventional or GPS surveying methods will be used on this project. City of Renton Survey and Drafting Standards shall be followed: https://edocs.rentonwa.gov/DocumenB 1/edoc/955956/Survey%20and%20Draf ting%20St_andards.pdf 2.2 Field survey within the project limits: ■ Field survey of planimetric features and utilities. Topographic mapping of the existing ground will be taken at approximately at 25-ft intervals (to 2-ft. contour intervals). The following roadways will have complete survey out to approximately fifteen (15) feet behind the existing right of way line: o Jefferson Avenue NE from the south side of NE 12th Street to NE 16th Street o NE 13th Street for 100 feet east of Jefferson Avenue NE o NE 16th Street from the west side of the Harrington Avenue NE intersection to the east side of the Kirkland Avenue NE intersection o Index Avenue NE for 65 feet north of NE 16th Street o East side of Harrington Avenue NE 150 feet south of NE 16th Street Included in this task are location of overhead lines, signal loops, locate paint marks from Task 2.3 at 50-ft intervals and location of surface features (valves, manholes, catch basins, junction boxes, vaults, etc.). Irrigation systems will not be included. Perform observation and measure -downs of existing storm drain catch basins and manholes and sewer manholes. The approximate size, type (brick, concrete), and City of Renton NE 16th —Jefferson Avenue NE Stormwater Green Connections Project (SWP-27-4016) KPG Project Number: 18144 4 December 2018 AGENDA ITEM #6. n) general condition of the structures to confirm suitability for continued use, and approximate size and location of pipes will be documented. These observations will be made from the surface. 2.3 Consultant shall subcontract with a utility locating company to paint all underground utility locations within the complete survey sections so that they can be surveyed in Task 2.2. Request utility companies record drawings and update utility mapping prepared in Task 2.4. 2.4 CADD mapping work to prepare 1"=20' stamped and signed topographic base map and digital terrain model (DTM) in AutoCAD 2018 format of the project within the limits described above. 2.5 The locations of the potholes completed under Task 9, Utility Coordination, will be surveyed and added to the base map. Task 2 Deliverables: ■ Completed survey basemap (AutoCAD 2018 format and stamped and signed PDF) Task 3 — Right of Way Investigation Perform the following work items necessary to establish the existing right of way (ROW) and parcel lines through title reviews for select parcels located along Jefferson Avenue NE and NE 16th Street. ROW and lot lines for the select parcels will be defined using title reports and shown graphically in the design plans. ROW and parcel line not established through title will be defined using King County Recorded Documents. 3.1 The Consultant shall research available records and order title reports. Cost for the title reports are included as a reimbursable (assume 8 Title Reports). 3.2 The Consultant shall calculate right of way and parcel lines along Jefferson Avenue NE and NE 16th Street and add to basemap. Task 3 Deliverables: ■ Title Reports (8 Reports) ■ Existing ROW and Parcels defined on the Basemap Task 3 Assumptions: ■ Existing and proposed ROW/Easement staking is not included in this scope of services. ■ ROW Acquisitions support services is not included in this scope. Task 4 — Preliminary Design This task includes the effort required to perform preliminary design of the project improvements to a 30% level of completion, including alternative approaches developed at a 10% level and reviewed in a "roll plot" format. City of Renton NE 16th —Jefferson Avenue NE Stormwater Green Connections Project (SWP-27-4016) KPG Project Number: 18144 5 December 2018 AGENDA ITEM #6. n) 4.1 The Consultant shall review existing project site conditions, Sunset Area Surface Water Master Plan, prior Green Connections project plans and reports, and perform preliminary stormwater facility sizing. Identify site constraints, challenges and opportunities for discussion with City staff. 4.2 Develop up to 3 feasible alternative horizontal layouts of curb, sidewalk, and bioretention facilities in conformance with Green Connections guidelines and input from City staff. Alternative layouts will be prepared in a roll plot format at a 10% level of design. 4.3 Develop preliminary landscape design concepts for discussion at coordination meeting with City. 4.4 Prepare design drawings for the project to a 30% level of completion. In general, these plans will convey the proposed horizontal locations of improvements but will not include construction notes, specific construction details, or vertical locations. It is anticipated that the 30% Plans will include the following: ❑ 1 Cover Sheet ❑ 1 Sheet Index, Alignment Plan, and Survey Control ❑ 1 Legend and Abbreviations ❑ 2 Typical Sections ❑ 4 Site Preparation and TESC Plans ❑ 6 Roadway Plans ❑ 6 Storm Plans ❑ 6 Water Plans (from Task 11) ❑ 4 Landscape Plans_ Total: 31 Sheets 4.5 Prepare a 30% design level cost estimate showing proposed pay items and method of measurement. Task 4 Deliverables: 0 10% Roll Plots: one full size (1 "=20') and PDF copy for each alternative prepared. ■ Plant material pallet (PDF) ■ 30% Plans (PDF) ■ 30% Cost Estimate (PDF) Task 4 Assumptions: ■ The preferred alternative will be selected based on 10% design layouts. ■ The horizontal curb and sidewalk locations will be finalized by 30% design. Task 5 — Cultural Resources and Permitting This task covers the necessary effort to support City compliance with Executive Order 05- 05 and to prepare a SEPA Environmental Checklist. City of Renton NE 16th —Jefferson Avenue NE Stormwater Green Connections Project (SWP-27-4016) KPG Project Number: 18144 6 December 2018 AGENDA ITEM #6. n) 5.1 Provide support to City in preparation of EZ-1 form and inadvertent discovery plan (IDP), as required. This subtask shall be completed by subconsultant ESA. 5.2 Prepare a draft SEPA checklist to address potential project effects on the environment. City staff will be responsible for finalizing the checklist and responding to public and agency comments. This subtask shall be completed by subconsultant ESA. Task 5 Deliverables: ■ Phone and email correspondence with City staff regarding SEPA Environmental Checklist (PDF) ■ Draft and Final Draft SEPA checklist (PDF, MS Word) Task 5 Assumptions: ■ The City will prepare and submit an EZ-1 form and initiate consultation with DAHP and Tribes, and will prepare and submit an IDP prior to project construction. ■ The Consultant will not conduct field work or prepare any cultural resources reports under this task. ■ The City will prepare and submit NPDES Construction Stormwater Permit on-line Notice of Intent application. ■ SEPA checklist preparation is assumed to require a limited effort and that City comments will be minimal. ■ The City will be responsible for public notice and publication fees. ■ The City will prepare and submit any other required City permit applications. Task 6 — Geotechnical Analysis This task covers the necessary effort to perform subsurface exploration, infiltration testing and geotechnical engineering analysis. This will work will be performed in two phases: • The first phase will drill up to 9 shallow boreholes to characterize infiltration potential within the project area (soil type, grain size, presence of groundwater), and identify locations for infiltration testing, if warranted. ■ The second phase will perform up to 3 small scale pilot infiltration tests (PITS) at locations selected in coordination with the City to determine long term infiltration rates for infiltration facility design. Subconsultant HWA Geosciences shall perform the following subtasks: 6.1 Perform subsurface exploration consisting of 9 boreholes drilled to an approximate 10-foot depth to assess subsurface soil suitability for infiltration. Prior to exploration, Consultant shall coordinate exploration locations with City. Consultant shall prepare Traffic Control Plans and submit to City for approval. Consultant shall mark borehole locations and arrange for utility locates. Consultant shall log the drilling of boreholes to assess subsurface soils for City of Renton NE 16th —Jefferson Avenue NE Stormwater Green Connections Project (SWP-27-4016) KPG Project Number: 18144 7 December 2018 AGENDA ITEM #6. n) infiltration. Boreholes will be abandoned per Ecology requirements. Consultant shall create logs of boreholes, perform laboratory testing consisting of grain size analyses and hydrometers, and perform engineering analyses related to infiltration potential. Consultant shall prepare a report presenting the results of subsurface exploration performed under this subtask and present recommendations regarding infiltration feasibility. 6.2 Perform subsurface exploration consisting of 3 small-scale PITs to determine long term infiltration rates for facility design. Prior to exploration, Consultant shall coordinate exploration locations with City. Consultant shall prepare Traffic Control Plans and submit to City for approval. Consultant shall conduct PITs in general conformance with Ecology guidelines. PITS will be backfilled with excavated soils and additional imported fill as necessary, and will be patched with a 3-inch lift of HMA. Consultant shall log excavation through each PIT the day after running the test to view/sample receptor soils, and shall create logs of all exploration and assign laboratory testing. Consultant shall preform hydrogeologic analyses to evaluate design infiltration rates. Consultant shall prepare a report presenting the results of PITS performed under this subtask and present recommendations regarding long-term design infiltration rates. Task 6 Deliverables: ■ Traffic control plans (PDF) ■ Geotechnical Infiltration Feasibility Assessment (PDF) • Geotechnical Infiltration Design Recommendation Report, draft and final (PDF) Task 6 Assumptions: ■ PITs will be performed in parking lanes and will require sawcutting and removing the asphalt prior to excavation. A sawcut area of 5 feet long by 4 feet wide for each PIT is anticipated. ■ It is assumed that no fees associated with street use permits will be required and that no flaggers will be required. ■ Geotechnical evaluation includes physical properties only, and does not include evaluation of potentially contaminated soils, fill, or ground water. In the event contaminated soils appear to be present, subconsultant HWA will collect samples and contact the City for directions. Task 7 — Public Involvement This task covers the effort required to support the City in the public involvement process during the development of the project. The goal of this effort is to obtain input from project stakeholders, including property and business owners located within the project limits, and residents living in the vicinity of the project and the public traveling through the corridor. City of Renton NE 16th —Jefferson Avenue NE Stormwater Green Connections Project (SWP-27-4016) KPG Project Number: 18144 8 December 2018 AGENDA ITEM #6. n) 7.1 The Consultant shall attend up to five (5) one on one meetings with property owners and stakeholders uniquely impacted by the project. The Consultant shall take notes during these meetings and develop a project issues list based on items identified each of the stakeholders. 7.2 The Consultant shall prepare for and attend one (1) Open House Community Meeting after the Preliminary Design is complete. It is anticipated that the following items will be provided by the Consultant for the open house: open house flyer, sign in sheet, comment form, preliminary design roll -plots, before/after photo simulations, bio-retention details, planting palette, project schedule exhibit and other informational exhibits conveying general project information supplied by the City (i.e. project goals, project budget, etc.). Task 7 Deliverables: • Draft Open House Materials (PDF) • Final Open House Materials (Hard Copies and PDF) • One on One Meeting Project Issues List (PDF and Excel) ■ Property/Stakeholder Owner Meeting Notes (PDF) Task 7Assumptions: • General project information such as project goals, budgets, etc. shall be provided by the City to be incorporated in the Open House. • Public mailings and notifications will be the responsibility of the City. ■ Project website (if created) will be hosted by the City. Task 8 — Design Report This task covers the necessary effort to prepare a design report in conformance with Department of Ecology requirements as required by the grant agreement. The Consultant shall perform the following subtasks: 8.1 Prepare stormwater facility design calculations. 8.2 Prepare a Design Report in accordance with Ecology grant requirements, including Basin Description, Site Description, applicability of core and special requirements of the Renton SWDM, discussion of alternatives considered, documentation of design analysis, quantification of the water quality benefit, basin maps, TDA maps, project schedule (from Task 1), preliminary plans and cost estimate (from Tasks 3 and 8), and geotechnical report (from Task 5). 8.3 Respond to Department of Ecology comments and revise and resubmit report if required. 8.4 Prepare a draft construction Stormwater Pollution Prevention Plan (SWPPP) for inclusion in the contract documents (final SWPPP will be prepared by the selected construction contractor). City of Renton NE 16th —Jefferson Avenue NE Stormwater Green Connections Project (SWP-27-4016) KPG Project Number: 18144 9 December 2018 AGENDA ITEM #6. n) Task 8 Deliverables: • Draft Design Report for City review (PDF) ■ Design Report for submittal to Ecology (PDF) • Response memorandum to Ecology comments (PDF) ■ Revised Design Report (PDF) ■ Draft construction SWPPP (PDF) Task 8 Assumptions: ■ The Design Report will be prepared in accordance with the Ecology publication "Design Deliverables for Stormwater Projects with Ecology Funding" and address the Core and Special requirements of the Renton Surface Water Design Manual. • A separate Surface Water Technical Information Report (TIR) per City of Renton Surface Water Design Manual Section 2.3.1.1 will not be prepared for this project; however, all relevant City of Renton Surface Water Design Manual components will be incorporated into the Design Report. • Preliminary plans included in the Design Report will be the 60% plans prepared under Task 10. Task 9 — Utility Coordination The Consultant will coordinate with private utilities affected by the proposed improvements. Efforts included under this task are as follows: 9.1 Consultant will send letters and design plans to all utility purveyors within the project area at each submittal phase. 9.2 Consultant will coordinate with the utility companies and identify locations for potholing based on the preferred design alternative as determined after 30% review by the City. Consultant will prepare a potholing plan for review and approval by the City. All potholing will be performed by APS, Inc. Pothole locations will be marked with pins to identify depth from existing grade to top of their facilities. Pothole location will be surveyed per Task 2.6. Utility depth information resulting from potholing will be tabulated and shown on the plans. Depths of utility lines located by potholing will be designated by a symbol in the plans and provided to the construction contractor. 9.3 Consultant will prepare for and attend utility coordination meetings with franchise utilities (2 assumed) to discuss and coordinate utility conflicts and relocations. Task 9 Deliverables: • Letters sent to utility purveyors (PDF, sent by email) ■ Potholing plan (PDF) ■ Pothole information sheets (PDF) ■ Meeting notes from utility coordination meetings (PDF) City of Renton NE 16th —Jefferson Avenue NE Stormwater Green Connections Project (SWP-27-4016) KPG Project Number: 18144 10 December 2018 AGENDA ITEM #6. n) Task 9 Assumptions: ■ No undergrounding of existing overhead utilities will be performed for this project. ■ Existing utility poles will require relocation. ■ Puget Sound Energy will pay for potholing of underground natural gas facilities performed byAPS. Budget for approximately 20 additional potholes has been included for City utilities and other non-PSE underground franchise utilities that may exist. • Any franchise utility expansion which is required to be incorporated into the project is not included. Task 10 — Final Design (60%, 90% and Final Bid Package) The Consultant shall prepare 60%, 90% and Final Bid Package plans, specifications and cost estimates for review and approval by the City. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City Standard Details and WSDOT standard plans will be supplemented with project specific details as required. All design plans and documents will be signed by a licensed professional engineer in the State of Washington. 10.1 The consultant shall prepare 60% plans for review and approval by the City. The 60% submittal will address all comments received from the 30% design review and written responses will be provided. It is anticipated that the 60% plans (and 90% and Final Bid Package plans) will include the following: ❑ 1 Cover Sheet ❑ 1 Sheet Index, Alignment Plan, and Survey Control ❑ 1 Legend and Abbreviations ❑ 2 Typical Sections ❑ 2 General Roadway Details ❑ 4 Site Preparation and TESC Plans ❑ 1 TESC Notes and Details ❑ 6 Roadway Plans and Profiles ❑ 7 Curb Layout Plans ❑ 1 Driveway Details and Schedule ❑ 6 Storm Drainage Plans and Profiles ❑ 3 Storm Drainage Details ❑ 6 Water Plans and Profiles (from Task 11) ❑ 3 Water Details (from Task 11) ❑ 6 Landscape Plans and Details Total: 50 Sheets 10.2 The consultant shall prepare 90% plans for review and approval by the City and Ecology. The 90% submittal will include all comments received from the 60% review and written comment responses will be provided. City of Renton NE 16th —Jefferson Avenue NE Stormwater Green Connections Project (SWP-27-4016) KPG Project Number: 18144 11 December 2018 AGENDA ITEM #6. n) 10.3 The consultant shall prepare Final Bid Package plans for review and approval by the City and Ecology. The Final Bid Package submittal will include all comments received from the 90% review and written comment responses will be provided. 10.4 Consultant will calculate quantities and prepare construction cost estimates in support of the 60%, 90% and Bid Package submittals. 10.5 Consultant will prepare specifications based on 2018 WSDOT Standard Specifications, using contract boilerplate and general special provisions provided by the City, and Ecology inserts required by the grant agreement, for the 60%, 90% and Bid Package submittals. Task 10 Deliverables: • 60% Design Plans (PDF, AutoCAD) ■ 90% Design Plans (PDF, AutoCAD) ■ Final Bid Package Design Plans (PDF, AutoCAD) 60% 90% and Final Bid Package Engineer's Estimate (PDF, Excel) • 60% 90% and Final Bid Package Specifications (PDF, Word) ■ Written responses to City and Ecology comments will be provided with each submittal. Task 10 Assumptions: ■ The City will review plans, specification and cost estimate submittals prior to uploading to Ecology's EAGL website for their review. Unless significant revisions are required, it is assumed submittals made to the City will be the some as those made to Ecology and City and Ecology comments will be addressed simultaneously. Task 11— Water Design This Task includes the effort required to design the replacement of water mains along NE 16th Street and Jefferson Avenue NE as follows: • Installation of new 12" water main along Jefferson Avenue NE from NE 12th Street to NE 16th Street. • Transfer of services to new 12" water main along Jefferson Avenue NE from NE 12th Street to NE 16th Street. • Abandonment of existing 6" water main along Jefferson Avenue NE from NE 121h Street to NE 16th Street. e Installation of 12" water main along NE 16th Street from Harrington Avenue NE east to the end of an existing 12"water main adjacent to Meadowcrest Early Learning Center, with connection to the existing water main at Index Avenue N. ■ Transfer of services to 12" water main along NE 16th Street from Harrington Avenue NE to Kirkland Avenue NE. City of Renton NE 16' —Jefferson Avenue NE Stormwater Green Connections Project (SWP-27-4016) KPG Project Number: 18144 12 December 2018 AGENDA ITEM #6. n) A Abandonment of existing 6" water main along NE 16th Street from Harrington Avenue NE to Kirkland Avenue NE. New fire hydrant to be located at the northeast corner of Jefferson Avenue NE and NE 121h Street. The following subtasks are anticipated: 11.1 The Consultant will provide continuous project management for the water design portion of the project through Final Design (estimate 16 months). This subtask will be performed in conjunction with subtask 1.1, but consists of the non -grant eligible efforts. This subtask also includes coordination with City staff and QA/QC efforts specific to the water main design. 11.2 Prepare water design drawings for the project to a 30% level of completion. In general, these plans will convey the proposed horizontal locations of improvements but will not include construction notes, specific construction details, or vertical locations. 11.3 The consultant shall prepare 60%, 90% and Final Bid Package water plans, profiles and details for review and approval by the City. Each submittal will address all comments received from the previous design submittal review and written responses will be provided. 11.4 Consultant will calculate quantities and prepare construction cost estimates for water main replacements in support of the 30%, 60%, 90% and Bid Package submittals. 11.5 Consultant will prepare specifications based on 2018 WSDOT Standard Specifications, using contract boilerplate and general special provisions provided by the City for water system construction for the 60%, 90% and Bid Package submittals. Task 11 Deliverables: • 30% water plans and cost estimates will be incorporated into the 30% deliverables described in Task 3. ■ 605yo, 90% and Final water plans, specifications and cost estimates will be submitted as part of the final design deliverables described in Task 8. ■ Written responses to City review comments will be provided with each submittal. Task 11 Assumptions: • New water mains will be constructed in away that allows the existing water mains to remain in operation; therefore, temporary water service plans are not needed. Task 12 — Bidding Phase Services This task includes Consultant services during the bidding and construction phase related to the Ecology -grant funded portion of the work. City of Renton NE 16th —Jefferson Avenue NE Stormwater Green Connections Project (SWP-27-4016) KPG Project Number: 18144 13 December 2018 AGENDA ITEM #6. n) 12.1 The consultant will assist the City with Project Advertisement and Award. This work may include preparation of addenda, preparation of bid tabulation, reference checks, and preparing a letter of recommendation to award or reject to low bidder. Task 12 Deliverables: ■ Addenda, as required (PDF) Task 13 — Bidding Phase Services — Water This task includes Consultant services during the bidding and construction phase related to the City -funded water main replacements. 13.1 The consultant will assist the City with Project Advertisement and Award. This work may include preparation of addenda, preparation of bid tabulation, reference checks, and preparing a letter of recommendation to award or reject to low bidder. Task 13 Deliverables: ■ Addenda, as required (PDF) ADDITIONAL SERVICES The City may require additional services of the Consultant. The scope of these services will be determined based on the unanticipated project needs or other considerations at the sole discretion of the City. This work may include items identified in the current Task authorizations as well other items, which may include, but are not necessarily limited to the following: • Right of way support services ■ Construction engineering support, management, and inspection services Structural engineering + Providing design of improvements not included in this scope of work • Performing as -built survey and preparing record drawings These services will be authorized under a future contract supplement if necessary. At the time these services are required, the Consultant shall provide a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. City of Renton NE 161h —Jefferson Avenue NE Stormwater Green Connections Project (SWP-27-4016) KPG Project Number: 18144 14 December 2018 #6. n) c rn N co a U N C AGENDA ITEM ggo a888o$ SR S $oBSa a H S.S o 088.8 S 80 S m p _ N a m n as E wwww w ✓' w w nN w w N w w w —e5 -- W r � 963w�w �ia� RCS d� �d �w� � o p U U r r m U N � Z 3 U w 2 o G S ct�LJ��a 1 r - `o �= E 9 2 t u E up a m � d 9i N u F r t�i N N E o =�dv 0 `o a u5 rc u5 a J 2 H d U U j Qu, �' 2 ��MmmW dmN W N Q L � ¢ iL U N 2 y a H F H F H r � - G C tm C a a E E a o - c w= 8 F C ¢8c n G� gO1c= 10 y i,o 3 m n_ K x _ a r,o sa� 4 ? E F a. `L US oq a- Y rl❑Y0 �O coW N ii9m0. R' M K 1 O ¢ ¢ ci w []h N mR Z 14 M d Iq aLLJ F r N H F r r #6. n) AGENDA ITEM se g o� o S8o8.' 11.8 0 8 888 o 880a e r n w Ew M = U U r r w U 2 n 3 U 2 N u u 10 c g ii u ILr � F F N ry N q ip E� y N F U � tQi`lry _ g N a d U N E G S O 3u5 K W a J a y n N U m P O U j N Q a 0 r 0 r 0 r 0 r 0 r 0 r o r u N s w � � n a m n ca U x a r °a a. Er n C gx r5 6 oe 'm m 3 O E o o n `. E� W pE WC rg �+ CL CA a yS`` L L o a' a d O m rJ' m � RM m � _ F H F11 AGENDA ITEM #6. n) 5309 Shilshole Avenue NW Suite 200 Seattle, WA 98107 206.789.9658 phone 206.789.9684 fax Exhibit 1 SCOPE OF WORK AGENDA ITEM #6. n) www.esassoc.com Environmental Services for City of NE 16th — Jefferson Avenue NE Stormwater Green Connections Project Prepared By: ESA Prepared For: KPG December 12, 2018 On behalf of the City of Renton (City), KPG has requested that Environmental Science Associates (ESA) prepare a scope of work (SOW) and cost estimate to provide cultural resources support and to prepare a SEPA checklist for the planned NE 16th — Jefferson Avenue NE Stormwater Green Connections Project (Project) in Issaquah, Washington. The Project plans to install water quality treatment facilities and on -site flow reduction BMPs on segments of NE 16th Street and Jefferson Avenue NE in the Sunset Area Community. A new curb, gutter, and pervious concrete sidewalk will replace the existing pedestrian path and improve pedestrian safety. The project will also create a planter strip area, if possible, between the street and sidewalk that will allow for soil amendment and planting of street trees to increase infiltration and evapotranspiration within the street right- of-way. A storm conveyance system will collect and convey roadway runoff to and from the water quality treatment facilities, and if necessary, flow from the underdrain system. Project improvements will increase conveyance capacity, reduce the likelihood of flooding, and reduce pollutants being discharged into John's Creek and May Creek. The City must provide written authorization prior to initiation of work. ESA's SOW for the project is described in the following task assignments. Exhibit 2 contains the cost estimate for this SOW. AGENDA ITEM #6. n) NE 16th — Jefferson Avenue NE Stormwater Green Connections Project SOW December 12, 2018 Page 2 of 3 TASK 1 — PROJECT MANAGEMENT 1.0 This task includes time for regular communication with the KPG project manager, project engineers, and technical staff; work authorization set-up and monitoring; preparing progress reports and invoices; managing budget and schedule; and quality control and assurance. Task 1 Deliverables • Monthly progress report (submitted with monthly invoice). TASK 2 — CULTURAL RESOURCE TEHCNICAL SUPPORT 2.0 Based on the City's experience permitting a previous phase of the project, City assumes that archaeologic and historic property field work and documentation will not be required based on the location of the project and proposed construction elements. However, City staff have requested that ESA provide cultural resource technical support on an as -needed basis. ESA cultural staff will assist City staff for up to 4 hours as they prepare an EZ-1 form and inadvertent discovery plan (IDP). Task 2 Assumptions • The City will prepare and submit an EZ-1 form and initiate consultation with DAHP and Tribes. • The City will prepare and submit an IDP to DAHP prior to project construction. • ESA will not conduct field work or prepare any cultural resource reports under this task. Task 2 Deliverables • Phone and email correspondence with KPG and City staff on an as -needed basis. TASK 3 — SEPA CHECKLIST 3.0 ESA will prepare a Draft SEPA Checklist to address potential project effects on the environment. For purposes of this scope of services, ESA has assumed that the City will be the SEPA lead agency and that they will issue a SEPA determination consistent with their SEPA rules. City staff will be responsible for finalizing the checklist and responding to public and agency comments. Task 3 Asscttnptions • This task anticipates that the City will be the sole SEPA Lead Agency. Should cooperating agencies be determined to be the SEPA lead agency or co -lead AGENDA ITEM #6. n) NE 16th —Jefferson Avenue NE Stormwater Green Connections Project SOW December 12, 2018 Page 3 of 3 agencies for this project, additional coordination and document preparation may be required and will be negotiated separately under an amendment to this SOW. • ESA assumes that an environmental checklist is the appropriate level of review for this project. Should it become evident that a higher level of review is required, ESA would request an amendment to this SOW. • ESA assumes that any technical document necessary for SEPA review outside the scope of this proposal will be provided by others (e.g., geotechnical studies, traffic analysis and signalization, etc.). • ESA assumes preparation of the checklist will require limited effort and that City review comments will be minimal. Should project design require significant SEPA documentation or if City comments are substantial, ESA may request an amendment to support this effort. The City will be responsible for noticing, public outreach and any publication fees. Task 3 Deliverables • Draft SEPA Checklist (provided in electronic format). • Final Draft SEPA Checklist — revised per one round of review and comment by the City and KPG. AGENDA ITEM #6. n) 4 v w W Z d Q C O Lh C� � G W •� r W O p Z U 6. c N ,Q ~ J � m C X N W W V d a x � w Xk�� X J W W m O O d y Z a Q y W C 7 O d E Z O y it W W 41 AGENDA ITEM #6. n) Z _ •+. pp� tC1 � Y 00 Q d O o ti 3 Ca d � � O O O W _ � W T U G U y N G O • 12 a •y .Fx. E 8 y d O ti O. iz O r c s v y L C � rn •= - O `` s 3 N N v O t O W O h 6 c N x E W p L 0= T �. W G C �O •� � a 5 .. c• ? y .F p •� ALL '�3 W � O � •,s �C y �g �: � Y w Y�2 O i=6x y C O` �i2 M m Y'' 4 Oda H 1 O .• O IYJ iD f0 I!3 1 V3 �W Vi ��'s3 H N3 a O� ip D N S r v � Iv = tD '- Ih 7 p x 7 S� t� !V I� J od E o»ccQ A a :i U CO u w 0 - �C .1� � Jd111 i1 AGENDA ITEM A6 h� AGENDA ITEM #6. n) �1 W °Y o w §� o U ° 6¢ O w 3° r a U 3 itlia E E� r a p c wo` F3F _ C G � s a: - .. .r C � N M�w 3t v fit. 1 I a$� c5 v i 5 C c m .. c ;� . o a CF e !'fi Vi O vLp C •p a � y� LL L y m N Y L a O .Y. .. y' z QQ& p y ry O F N p N N at,,, O W e e e 0 .° t o R 8q' '� a a tg`�eo=�88°'�a°i '� s c m`Uox# u :, ,4f-` Gu11 LAU z z = C�.y �.CO nm c°? O '13 j Ip r � I� IV I� °1� v�nm P'v nv m I ti .V i%1 m x li _ y — 1 - X Y O U _ _ - — Qa�,.y - f•i�-. Y � _ — O W , �m E Z - W ` W w o - - U z ti AGENDA ITEM A6 h� \!( k \\ § \ ){ j ~ {( } /) \ *�k \ }\) / \\«I% ,&§ak �)]ik ,«(77 )r7®« k))!}( /ƒƒ§5 ;,;/; * §yit; AGENDA ITEM #6. n) 2 j O w N o LL a w 0 m V N F z L z u 00 Ou FGo Xnw6a W u 0 J ,I a a ! Yll U Sr lo U Y W m Is a ° m N [} y 1-2Po E .� .n n v rn rn m a o g v `ui o - wEmYi Si g 2 3 a g Q Q py a R $ m m m S' $ ii 5 w � U -- IW lv I IV l T1� '� F Z G 0 x AGENDA ITEM #6. o) AB - 2292 C[TY OF -----wwwo�Renton u0"I" SUBJECT/TITLE: Water Quality Grant Agreement WQSWPC-2016-Renton-00058 with the Department of Ecology for the SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Project RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Utility Systems Division STAFF CONTACT: Kevin Evans, Surface Water Utility Engineer EXT.: 7264 The grant agreement provides $250,000 of grant funding into the proposed 2019 Surface Water Utility Capital Improvement Program budget for the SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Project (427.475504). The grant does not require matching funds. In 2015 the Surface Water Utility applied for the Stormwater Financial Assistance Program (SFAP) Green Retrofit Incentive FY16 Ecology Grant, and $250,000 in grant funding was awarded for SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Project. The grant provides funding for project permitting (SEPA), cultural resource review, Inadvertent Discovery Plan (IDP) preparation, completion of a project design report and development of construction plans and specifications. The project area is located near SE 172nd Street and 125th Avenue SE of the Benson Hill neighborhood, which is comprised of single-family homes. The two-lane paved roadways have paved shoulders but no curbs, gutters, or sidewalks. Currently stormwater runoff from SE 172nd Street, 122nd Avenue SE, 123rd Avenue SE, 124th Avenue SE and 125th Avenue SE is collected and conveyed into a storm system on SE 172nd Street, where it discharges into a wetland that leads to Big Soos Creek and ultimately to the Green River. This project will provide design for green infrastructure such as bioretention swales and pervious concrete sidewalks that will collect, treat and infiltrate stormwater runoff from approximately two acres of pollution generating impervious surfaces. The water quality treatment facilities will slow stormwater runoff and break down and remove pollutants. Curbs, gutters, and pervious concrete sidewalks will improve pedestrian safety by providing a pedestrian path outside of the roadway or paved shoulders. The project will also create a planter strip area, if possible, between the street and sidewalk, which will allow for planting of street trees and green space within the street right-of-way. A storm conveyance system will collect and convey street runoff to and from water quality treatment facilities to increase conveyance capacity and reduce the likelihood of flooding. A. Figure 1: Vicinity Map B. Figure 2: Project Area C. Agreement AGENDA ITEM #6. o) Authorize the Mayor and City Clerk to execute the Water Quality Grant Agreement WQSWPC-2016-Renton- 00058 with the Department of Ecology to accept $250,000 in grant funds for the SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Project. 'NE 4th,4t rd Std - uair r 3rd- :t fvd ryLP - .. 41 .'AL .1.`� a ; . oil - E hp ui Nr E 1 92nd St W Lij ' W • J ti r �'" SE 208th St "� Ar SE 172nd St and 125th Ave 4 7 Notes 0 128 256 Feet 1984_Web_Mercator_Auxil iary_Sphere city °f Refffons Finance & IT Division Legend �.; City and County Boundary p Utility Vault Parcels Unknown Structure -� Wetlands + Private Discharge Points Network Structures Private Detention Facilities o Inlet Pond Q Manhole Tank Utility Vault Vault Unknown Structure Wetland Discharge Points Private Pipes gtnrrnwnts-r Mainc 6- Privates Far ility ni rtlinac Kevin Evans 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 krevans@Rentonwa.gov accurate, current, or otherwise reliable. 11/19/2018 THIS MAP IS NOT TO BE USED FOR NAVIGATION DEPARTMENT OF AGENDA ITEM #6. o) ECOLOGY State of Washington Agreement No. WQSWPC-2016-Renton-00058 WATER QUALITY STORMWATER PRE -CONSTRUCTION GRANTS AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY CITY OF RENTON This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and City of Renton, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design $250,000.00 $250,000.00 $250,000.00 $0.00 10/01/2018 09/30/2021 Stormwater Green Retrofit Pre -Construction Planning and Design Project Short Description: This project will improve water quality in the Big Soos Creek tributary of the Green River through the design of green infrastructure such as bioretention swales and pervious concrete sidewalks, or Ecology approved TAPE facilities that will treat and infiltrate stormwater prior to discharge to the Creek. Once design is complete, these facilities will be installed near the intersection of SE 172nd Street and 125th Avenue SE in the city of Renton. Project Long Description: The project area is located near SE 172nd Street and 125th Avenue SE of the Benson Hill neighborhood in the city of Renton. The two-lane paved roadways have paved shoulders, and have no curb, gutter or sidewalks. The area is made up of single family homes. Currently, stormwater runoff from SE 172nd Street, 122nd Ave SE, 123rd Ave SE, 124th Ave SE and 125th Ave SE is collected and conveyed into a storm system on SE 172nd Street where it discharges into a wetland located approximately 150 feet south of the intersection of 127th Ave SE and SE 172nd Street. Runoff from the wetland continues south and crosses in a culvert under SE Petrovitsky Rd. and then into another large wetland before discharging into Big Soos Creek. Big Soos Creek eventually State of Washington Department of Ecology AGENDA 1 TEM'#&. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton discharges to the Green River near Highwayl8 just east of Auburn. Big Soos Creek is a Category 5, 303(d) -listed waterbody for dissolved oxygen, ammonia, and pH. The Big Soos Creek eventually discharges to the Green River. This project will provide a design for green infrastructure such as bioretention swales and pervious concrete sidewalks that will collect, treat, and infiltrate stormwater runoff from approximately 2 acres of pollution generating impervious surfaces before it reaches Big Soos Creek. The RECIPIENT will design other Ecology -approved TAPE facilities if green retrofit is infeasible. Existing street runoff will enter the new water quality treatment facilities along both sides of the street or alternating sides through curb -cuts. The water quality treatment facilities will slow stormwater runoff and break down and remove pollutants such as total suspended solids (TSS), total phosphorus, dissolved copper and zinc, and oil. Curb, gutter, and a pervious concrete sidewalk will improve pedestrian safety by providing a pedestrian path outside of the roadway or paved shoulders. The project will also create a planter strip area, if possible, between the street and sidewalk, which will allow for soil amendment in these areas, and planting of street trees and green space to increase infiltration and evapotranspiration within the street right-of-way. A storm conveyance system will collect and convey street runoff to and from the Ecology -approved water quality treatment facilities, and if necessary, flow from facility underdrain systems. Project improvement will also increase conveyance capacity and reduce the likelihood of flooding. Coordination with Soos Creek Water and Sewer District and other franchise utilities in the project area will be done as part of the project design. Coordination between multiple divisions of the Public Works Departments and other city departments will also be done during project design. 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 State of Washington Department of Ecology Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton RECIPIENT INFORMATION Organization Name: City of Renton Federal Tax ID: 91-6001271 DUNS Number: 949697221 Mailing Address: Renton City Hall, 5th Floor, 1055 South Grady Way Renton, WA 98057-3232 Physical Address: Renton City Hall, 5th Floor 1055 South Grady Way Renton, Washington 98057-3232 Organization Email: rstraka@rentonwa.gov Contacts AGENDA 1 TEM' ##&.t 38) Project Manager Kevin Evans Surface Water Utility Engineer Renton City Hall, 5th Floor 1055 South Grady Way Renton, Washington 98057-3232 Email: krevans@rentonwa.gov Phone: (425) 430-7248 Billing Contact Kevin Evans Surface Water Utility Engineer Renton City Hall, 5th Floor 1055 South Grady Way Renton, Washington 98057-3232 Email: krevans@rentonwa.gov Phone: (425) 430-7248 Authorized Denis W Law Signatory Mayor 1055 S. Grady Way Renton, Washington 98057 Email: dlaw@rentonwa.gov Phone: (425) 430-6500 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Water Quality 300 Desmond Drive SE Lacey, WA 98503 Contacts AGENDA 1 TEM' ##6:t 38) Melisa Snoeberger Project Manager 3190 - 160th Ave SE Bellevue, Washington 98008-5452 Email: msno461@ecy.wa.gov Phone: (425) 649-7047 Frances Carver Financial Manager PO Box 47600 Olympia, Washington 98504-7600 Email: fcar461@ecy.wa.gov Phone: (360) 407-6564 Amanda Heye Technical Advisor PO Box 47600 Olympia, Washington 98504-7600 Email: ahey461@ecy.wa.gov Phone: (360) 407-6457 Version 10/30/2015 State of Washington Department of Ecology AGENDA 1 TEM &. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: 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 Heather R. Bartlett Water Quality Program Manager Template Approved to Form by Attorney General's Office City of Renton Date Denis W Law Mayor Date Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton Jason A. Seth Clerk Shane Moloney Attorney AGENDA ITEIVIW(''i.f36) Date Date Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton SCOPE OF WORK Task Number: Task Title: Project Administration/Management Task Cost: $20,000.00 AGENDA 1 TEM' ##&:t 38) 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: Kevin Evans Project Administration/Management Deliverables Number Description Due Date 1.1 Progress Reports 1.2 Recipient Closeout Report 1.3 Project Outcome Summary Report Version 10/30/2015 State of Washington Department of Ecology AGENDA 1 TEM'#&. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton SCOPE OF WORK Task Number: 2 Task Cost: $230,000.00 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 State of Washington Department of Ecology AGENDA 1 TEM'#&. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: 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. 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. Recipient Task Coordinator: Kevin Evans Design Plans and Specs, Environmental Review Deliverables 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 notifyECOLOGY 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. Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE1 9#6. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton BUDGET Funding Distribution EG160695 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Effective Date: Funding Source: Title: SFAP 10/01/2018 Funding Type: Grant Funding Expiration Date: 09/30/2021 SFAP-2018 (Pre -Construction Grants: 2018) Type: State Funding Source %: 100% Description: Funds come from the Model Toxic Control Account and State Building Construction Account. It funds projects that reduce the environmental impact of Stormwater pollution Approved Indirect Costs Rate: Approved State Indirect Rate: 0% Recipient Match %: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No SFAP Task Total Project Administration/Management $ 20,000.00 Design Plans and Specs, Environmental Review $ 230,000.00 Total: $ 250,000.00 Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE1 9#6. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton Funding Distribution Summary Recipient / Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total SFAP 0.00 % $ 0.00 $ 250,000.00 $ 250,000.00 Total $ 0.00 $ 250,000.00 $ 250,000.00 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 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 Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE1 9#6. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton 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 associated to a RECIPIENT or project. "Scope of Work" means the tasks and activities constituting the project. Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE1 9#6. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton "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: 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 Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE106. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton 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 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 Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE1 9#6. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton registration process online at: http://des.wa.gov/services/ContractingPurchasingBusinessNendorPaylPages/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 3.13 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. 1. 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. 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 Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE106. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton 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: 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), Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE1 9#6. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton 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, 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 Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE1 9#6. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton 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. 1. 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. 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 Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE1 9#6. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton 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-201 I-title40/pdf(USCODE-2011-title40-subtitleI-chap 1 I .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/CW SRF/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 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 Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE1 9#6. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton 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: Department of Ecology Cashiering Unit Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE1 9#6. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton 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 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 Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE1 9#6. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton 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 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 Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE1 9#6. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton 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. 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. Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE106. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton 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. Ewej 11 t1a I I a COGN Irole@R ell\77leroRtmi9 0K4re7►A711:717051Cleo 0 IN11a1"11.31a1111•L6)ialffelRAYII:11tlw� 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. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE1 9#6. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton 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 <hqp://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. og v <hqp://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 _og v/>. For more details on FFATA requirements, see www.fsrs. og v <hitp://www.fsrs.gov/>. Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE106. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: 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:Hfortress.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: Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE1 9#6. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: 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/ContractingPurchasingBusinessNendorPay/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. Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE1 9#6. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: 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 Version 10/30/2015 State of Washington Department of Ecology AGENDA I TE1 9#6. 3V) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: 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:Hecology.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 Version 10/30/2015 State of Washington Department of Ecology AGENDA I TEIIM. 6) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: 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 Version 10/30/2015 State of Washington Department of Ecology AGENDA I TEIIM. 6) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: 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 Version 10/30/2015 State of Washington Department of Ecology AGENDA I TEIIM. 6) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: 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:Hecology.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 Version 10/30/2015 State of Washington Department of Ecology AGENDA I TEIIM. 6) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: 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 State of Washington Department of Ecology AGENDA I TEII 6a 6) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: 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. Version 10/30/2015 AGENDA ITEM #6. p) AB - 2293 C[TY OF -----wwwo�Renton u0"I" SUBJECT/TITLE: Project Acceptance: Harrington Avenue NE Green Connections Stormwater Retrofit Project - Phase 2 CAG-17-108 with DPK, Inc. RECOMMENDED ACTION: Council Concur DEPARTMENT: Utility Systems Division STAFF CONTACT: Ken Srilofung, Surface Water Utility Engineer EXT.: 7247 The original contract amount was $904,036 and the final contract amount is $1,074,515.14, a 19% increase due to change orders. The project was partially funded ($675,000) by the Department of Ecology. The remaining project cost was funded through the approved 2018 Capital Improvement Program budget (427.475500). There is sufficient funding in the budget and a proposed year-end budget adjustment for the remaining project cost. The Harrington Avenue NE Green Connections Stormwater Retrofit Project - Phase 2 was awarded to DPK, Inc. on July 17, 2017. Physical completion of all required work items was granted on August 7, 2018. This project retrofit the existing storm system along Harrington Avenue NE between NE 8th Place and NE 7th Street to reduce and improve the quantity of stormwater runoff from the existing and future land use within the Sunset Community Plan Area, which discharges to Johns Creek and Lake Washington. The project consisted of: • Installation of three bioretention facilities and planter strips. • Installation of 3,900 square feet of pervious concrete sidewalk. • Installation of storm pipes, catchbasins, and relocation of existing water mains. • Removal and replacement of existing asphalt pavements, sidewalks, driveways, curbs, and gutters. During project construction the following change orders were issued: • Change Order No. 1 for $21,852.82 for the costs of sidewalk ramp re -design, regarding and rock removal, connecting private light system, extending rockery wall drain pipe, and relocating and repairing the existing irrigation system due to unexpected site conditions. • Change Order No. 2 for $28,268.52 for the costs of removing and resetting a stop sign, installing a concrete block wall, cutting a pedestrian curb, and additional asphalt pavement. • Change Order No. 3 for $30,300.62 for an increase in estimated amount of bid item quantities. The actual final cost was $18,763.66. • Change Order No. 4 for $35,042.68 for the cost of additional work related to sidewalk ramp installation. • Change Order No. 5 for $66,551.46 for additional costs resulting from the reduced efficiency associated with water main relocation due to several unforeseen site change conditions. A. Notice of Completion of Public Works Contract AGENDA ITEM #6. p) Accept the Harrington Avenue NE Green Connnections Stormwater Retrofit Project - Phase 2 CAG-17-108 with DPK, Inc. and authorize the release of the retainage bond after 60 days once all the required releases from the state have been obtained. srnrA• AGE�WAITEM #6. p) Original s ❑ Revised # Jy~ NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Date: 1/7/2019 Contractor's UBI Number: 600 274 789 Name & Mailing Address of Public Agency Department Use Only City of Renton. Attn: Natalie Wissbrod Assigned to: 1055 Gradv Way. Renton. WA. 98057 Date Assigned: UBI Number: Notice is hereby given relative to the completion of contract or project described below Project Name Contract Number Job Order Contracting HarringtonAveNE Green Conn. StormwaterRetrofitProj- Phase 2 1 CAG#17-108 ❑ Yes dNo Description of Work Done/Include Jobsite Address(es) Install 3 bioretetion facilities, 3,900 SF pervious concrete sidewalk. Other works include installing stormwater pipes and catch basins, relocating existing water mains, removing and replacing asphalt pavements, sidewalks, drive ways, curbs, and gutters. Federally funded transportation project? ❑ Yes d No (if yes, provide Contract Bond Statement below) Contractor's Name E-mail Address Affidavit ID* DPK, Inc. idavek@dpkinc.com 1824386 Contractor Address Telephone # 7829 S. 206th St, Kent, WA. 09032 (253) 872-7916 If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. [( Retainage Bond ❑ Contract/Payment bond (valid for federally funded transportation projects) Name: Travelers Casualty and Surety Company of America Bond Number: 106772285 Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted 7/17/2017 9/18/2017 8/7/2018 1 /7/2019 Were Subcontracters used on this project? If so, please complete Addendum A. Yes ❑ No Affidavit ID* - No L&I release will be granted until all affidavits are listed. Contract Amount Additions ( + ) Reductions (- ) Sub -Total Sales Tax Rate NA % (If various rates apply, please send a breakdown) Sales Tax Amount Comments: $ 904,036.00 $ 170,479.14 $ 1,074,515.14 TOTAL $ 1-074,515.14 1VV1L: Znese two totals must be Liquidated Damages $ Amount Disbursed $ 1,074,515.14 Amount Retained $ TOTAL $ 1,074,515.14 DPK, Inc. opted to provide a retainage bond instead covering all of the retained amount. Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. Contact Name: Natalie Wissbrod Email Address: Nwissbrod@rentonwa.gov / Department of Revenue Washinglan State Department of Public Works Section Labor & Industries I (360) 704-5650 Contract Release PWC@dor.wa.gov (855) 545-8163, option # 4 ContractRelease@LN I. WA.GOV 1 � REV 31 0020e (10/26/15) F215-038-000 10-2i Reset This Form i Title: Accounting Asst. Phone Number: 425-430-6919 Aff- Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360)902-9450 publicworks@esd.wa.gov Print This Form Addendum A: Please List all Subcontractors and Sub -tiers Below AGENDA ITEM #6. This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. Subcontractor's Name: UBI Number: (Required) Affidavit ID* APPLY -A -LINE LLC 600553941 812541 B & R ENTERPRISES/ INVST LLC 603088208 778614 BRAVO ENVIRONMENTAL NW INC 602946216 790125 C & P FENCING 603210811 825987 CORLISS RESOURCES INC 602237779 800639 GROUND UP ROAD CONST INC 602790246 790106 GROUND UP ROAD CONST INC 602790246 803396 ICON MATERIALS 601006854 800167 LAKESIDE INDUSTRIES INC 601106847 790104 PLS,Inc. 601979933 803679 T YOROZU GARDENING CO INC 602058696 821509 TYEE CONCRETE CONSTRUCTION INC 602123519 830195 For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15) F215-038-000 10-2014 3) AGENDA ITEM #6. q) AB - 2285 C[TY OF -----wwwo�Renton u0"I" SUBJECT/TITLE: Agreement with Louis Berger U.S., Inc. for the Heather Downs Detention Pond Water Quality Retrofit Project RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Utility Systems Division STAFF CONTACT: Ken Srilofung, Surface Water Utility Engineer EXT.: 7247 Funding for this agreement in the amount of $111,600 is available from the approved 2019 Surface Water Utility Capital Improvement Program budget for the Heather Downs Detention Pond Retrofit (427.475511). The project is partially funded by the Washington State Department of Ecology Water Quality Grant Agreement WQC-2017-Renton-00002. There is sufficient funding in the budget to cover this agreement. The Heather Downs Detention Pond Retrofit project consists of converting an existing detention pond owned and operated by the city into a combined detention and water quality treatment facility. The pond is located near the intersection of Union Avenue SE and SE 4th Street. The combined facility will provide treatment for total suspended solids, and reduce flows to Maplewood Creek by increasing stormwater infiltration and providing stormwater detention. Several engineering firms from the Municipal Research and Services Center (MRSC) Consultant Roster were invited to respond to a Request for Qualifications on July 18, 2018. Louis Berger U.S., Inc. was selected based upon their qualifications and experience. Project work under this agreement includes: • Review of existing data. • Survey and base mapping. • Water quality pond sizing analysis and conceptual design. • Geotechnical investigation and analysis. • Environmental permitting assistance. • Development of design report, construction plans, and specifications. A. Map B. Agreement Authorize the Mayor and City Clerk to execute the agreement with Louis Berger U.S., Inc. in the amount of $111,600 for engineering design services for the Heather Downs Detention Pond Water Quality Retrofit Project. Lake Washington West Hill a Kennydale NE S��set��vd W Highlands NE 4th St goo N City Center *w REtV TON leg 161 515 Valley �{ Ij CD Benson w Talhnt cn S East Plateau Figure 1: Vicinity Map N 0 0.5 1 2 n�m A Miles r� S �"b n r AGENDA ITEM #6. q) AGREEMENT FOR HEATHER DOWNS DETENTION POND WATER QUALITY RETROFIT PROJECT THIS AGREEMENT, dated , is by and between the City of Renton (the "City"), a Washington municipal corporation, and Louis Berger U.S., Inc. ("Consultant"), a New York Corporation. The City and the Consultant are referred to collectively in this Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide the services as specified in Exhibit A -D, which is attached and incorporated herein and may hereinafter be referred to as the "Work." 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit B or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit D. All Work shall be performed by no later than June 30, 2020. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $111,600, plus any applicable state and local sales taxes. Compensation shall be paid as a flat rate fixed sum based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been AGENDA ITEM #6. q) performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant's performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days' notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and ry. PAGE 2 OF 10 AGENDA ITEM #6. q) workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non-exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City's or other's adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: PAGE 3 OF 10 AGENDA ITEM #6. q) A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant's failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate...) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant's liability shall be only to the extent of Consultant's negligence. PAGE 4 OF 10 AGENDA ITEM #6. q) It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant's waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City's Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant's performance of the Work. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cros/One.aspx?portalld=7922741&pageld=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non -owned, leased, hired or non -owned, with minimum limits of $1,000,000 per occurrence combined PAGE 5 OF 10 AGENDA ITEM #6. q) single limit, if there will be any use of Consultant's vehicles on the City's Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City's insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. F. Subject to the City's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant's reasonable control. When such delays beyond the Consultant's reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Ron Straka Surface Water Utility Engineering Manager 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7247 ksrilofung@rentonwa.gov PAGE 6 OF 10 CONSULTANT Michael S. Giseburt 1301 Fifth Avenue, Suite 1200 Seattle, WA 98101 Phone: (206) 453-1549 mgiseburt@louisberger.com Fax: (206) 453-5601 AGENDA ITEM #6. q) Fax: (425) 430-7241 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant's agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement's non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. PAGE 7 OF 10 AGENDA ITEM #6. q) D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub -contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker's Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City's project manager is Ken Srilofung, Surface Water Utility Engineer. In providing Work, Consultant shall coordinate with the City's contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant's employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. PAGE 8 OF 10 AGENDA ITEM #6. q) F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant's performance of this Agreement. K. Third -Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. *Except that in accordance with CAG-18-194 Agreement No. WQC-2017-Renton- 00002 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THE CITY OF RENTON, Paragraph 28, the State of Washington is a named express third party beneficiary with full rights as such under this agreement. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. PAGE 9 OF 10 AGENDA ITEM #6. q) M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By: Denis Law Mayor Date Attest Jason A. Seth City Clerk Approved as to Legal Form Shane Moloney Renton City Attorney Non-standard 11-28-18 (401) PAGE 10 OF 10 ,d0L3-ii'mr-A �1 By: Syndi Dudley Vice President Date AGENDA ITEM #6. q) Louis Berger EXHIBIT A City of Renton Heather Downs Detention Pond Water Quality Retrofit Project SCOPE OF WORK 11-13-18 Project Background The City of Renton (the City) inherited through annexation the Heather Downs detention pond, which was built around 1983. The pond provides flow control for about 30 acres of older residential property. The facility provides little to no water quality treatment. It has no water quality dead storage and is a "back-up" type pond rather than a "flow -through" type pond, which provides minimal sedimentation. The pond eventually drains via a pipe system to an outfall at Maplewood Creek and ultimately to the Cedar River, a 303(d) listed waterbody for temperature, pH, fecal coliform, and ammonia. The City successfully obtained grant funds through the Department of Ecology, to retrofit the pond and improve its treatment performance. The project description in the grant description is to retrofit the pond and convert the existing pond into a combined wetpond/detention pond facility. This will improve its treatment performance. The project will also be looking for other opportunities to improve its treatment performance. In addition to enhancing water quality treatment, this project offers opportunities for other improvements, such as replacing the pond's perimeter fencing with new fencing that is in better condition. The City selected Louis Berger (Consultant) to assist in the preparation of a pre -design study, completion of SEPA, and the development of Plans, Specifications, and Estimate (PS&E). The scope of work for this effort is described in the following paragraphs, and it is important to note that the effort must comply with the City's grant agreement WQC-2017-Renton-00002. In accordance with the grant agreement, the technical analysis (pre -design report) must be approved by Ecology prior to proceeding with 90% Design and the work must comply with Ecology's Design Deliverables for Stormwater Projects with Ecology Funding (Revised, June 2018). The objectives of this project are: 1) To improve water quality treatment performance of the existing Heather Downs detention pond. 2) Design the Stormwater quality retrofit project to meet Ecology's approval and in accordance With the grant agreement. 3) Complete the design PS&E by December 2019. 4) Incorporate other opportunities into the project such as replacing the aging fence or public awareness/education that may benefit the site or City's surface water program and deemed appropriate by the City. These other opportunities are assumed to be limited in nature. Scope of Services — City of Renton Heather Downs Stormwater Quality Retrofit Project 1 1 AGENDA ITEM #6. q) The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 4. City of Renton Surface Water Design Manual. 5. Department of Ecology Stormwater Management Manual for Western Washington. Scope of Services The Scope of Services required is divided into the work tasks listed below and are described in detail in the subsequent section. Task 1 Project Management Task 2 Data Collection and Review and Site Visit Task 3 Survey and Base Mapping Task 4 Geotechnical Report and Investigations Task 5 Design Report Task 6 SEPA Checkllist Review Task 7 Design, Construction Documents, and Cost Estimate General Project Assumptions: 1. The City will consolidate review comments on submitted work products and provide to the Consultant. The City will reconcile any conflicting review comments before providing to the Consultant. 2. All work will be on City right of way or property and no temporary or permanent easements are needed. 3. The project will be partially funded through an Ecology grant, and the project effort shall meet grant requirements. 4. Permit fees will be paid for by the City. 5. Pipe condition assessment, if needed, will be done by the City with results provided to the Consultant. 6. The City has already submitted a cultural assessment and inadvertent discovery plan to Ecology which is assumed to have satisfied both Ecology and Historical Preservation Act Requirements. Scope of Services — City of Renton Heather Downs Stormwater Quality Retrofit Project 1 2 AGENDA ITEM #6. q) 7. City will conduct all EAGL coordination. 8. City will provide a title report and/or easement description for the west half of Union Ave SE, if needed. Task 1 - Project Management The Consultant, Louis Berger, shall perform Consultant team project management, administration, and coordination of the work effort. This effort shall be continuous throughout the contract. Work completed under this task will include the following: Task 1.1 Project Administration The Consultant shall conduct activities related to the ongoing management of the team and administration of the contract. Included will be activities concerning scheduling, budget monitoring. invoicing, work plan preparation, contract and subconsultant administration, and client coordination. When project goals and objectives refinement are significant enough to affect the project schedule and/or budget, the Consultant shall inform the City of any schedule and budget revisions necessary to complete the work. Task 1.2 Quality Assurance/Quality Control The Consultant shall complete QA/QC reviews on all significant work products and the various submittals of plans, specifications and estimates. A checklist will be prepared documenting the reviews of the various submittals. Task 1 Assumptions The project duration will be 14 months. Task 1 Deliverables • Monthly progress reports and invoices. Task 2 - Data Collection/Review and Site Visit The Consultant will collect City provided data pertaining to the project area and review this information. In addition, the Consultant will perform a site visit with City staff and participate in a team Kick-off meeting. Up to two Consultant personnel will attend the meeting. Task 2 Assumptions • City will provide Consultant with available record drawings, roadway utility drawings and other relevant and available information. (e.g., drainage complaints, maintenance records, condition assessment) Scope of Services — City of Renton Heather Downs Stormwater Quality Retrofit Project 1 3 AGENDA ITEM #6. q) Task 2 Deliverables • Consultant will prepare summary meeting minutes for City review of the project kickoff meeting. Task 3 - Survey and Base Mapping The Consultant shall conduct a field survey and develop base map in support of the design improvements. The area to be surveyed is shown on Exhibit C. 3.1 Topographic Survey The Consultant (I Alliance) shall conduct a topographic survey within the approximate area shown on Exhibit C and prepare an engineering base map to facilitate design. The survey shall locate all underground utilities, visible above -ground features, and measure -downs to apparent inverts of manholes, storm drains and catch basins. Specific survey activities include: • Establish Horizontal Control and orient this project to the monumentation to which the City's mapping is oriented, NAD 83/2011, or otherwise required by the City of Renton. Set and measure horizontal control necessary for the mapping and right-of-way determination. • Establish Vertical Control. Project will be oriented to the vertical datum of NAVD88, or otherwise required by the City of Renton. • Establish and set property corners for the existing detention pond parcel. Setting the property corners requires that a survey be recorded with the King County Department of Records. • Coordinate underground utility locates performed by others (Task 3.2). • Utility mapping will include the routing of overhead utilities within the mapping area. • Topography shall be surveyed using methods that will produce a 1-foot contour interval base map. The mapping will include, but will not be limited to the following above ground features: o Underground utility lines shall be depicted as located a curb and gutter including existing curb cuts, curb ramps and driveways sidewalks and paths o rockeries and walls o steps/stairs o existing structures and buildings o pavement edges o ditches o fences o luminaires o landscaping o water meters, valves, hydrants and irrigation control valves o measure down to top actuator nut of water valves o electrical transformers, vaults. poles and hand -holes o telecommunication risers, vaults, poles, junction boxes and hand -holes o gas valves and meters Scope of Services - City of Renton Heather Downs Stormwater Quality Retrofit Project 1 4 AGENDA ITEM #6. q) catch basin and storm drain manhole lids with pipe sizes, shape, measured down invert elevations and material composition. For manholes, orientation of lid in relation to structure will be approximated. sanitary sewer manhole lids with pipe sizes, invert elevations and material composition storm drains and culverts with associated pipe sizes, measured down invert elevations and material composition Where gravity systems (sewer and storm) include an upstream manhole/structure that extends beyond the limits of the survey, the Consultant shall get the measure downs and locations of such upstream structures (so that the pipe slope within the project area can be determined). o grade breaks, localized depressions, ditches, ridges and other surface grades o street signs o street trees over 6-inch caliper with size, type and dripline noted o tree stumps that have been cut to the ground (including size and height extending above ground surface) a channelization c sub -surface utility paint marks delineated by a professional utility location service (Task 3.2) • Compile mapping into a 1 '=20' scale base map in AutoCAD, Civil 3D Version 2016. • Obtain GIS parcel line information from King County or the City of Renton to show approximate location of parcel lines within study area for other parcels besides the detention pond parcel. Task 3.2 - Utility Locate Coordinate with franchise utility companies, request utility as -built plans, review information received, and incorporate pertinent information onto the base map. Utility markings by subcontractor (APS) will be picked up by the field survey and incorporated into the base map. Task 3.3 — Potholing (Allowance Task) The number of potholes is not yet known, if any. This is an allowance task to provide budget if potholing is needed to inform the project design. The budget allowance is $5,009. This budget cannot be used without prior City authorization. The budget allowance would also be used for any potholing supporting activities such as the ROW use permit, traffic control and surveying the location of the pothole (if needed). Task 3 - Provided by the City: • Available record drawings of utilities within the corridor. • Support in obtaining permits and right of entry approvals necessary for performing the work. • Title Report and/or Easement document for west side of Union Avenue SE. Task 3 - Assumptions: • Confined space entry will not be required. Scope of Services — City of Renton Heather Downs Stormwater Quality Retrofit Project I S AGENDA ITEM #6. q) • If right of entry is required, it is assumed that it will be obtained by the City prior to the commencement of field work. • Base map to be developed using APWA drafting standards, text size/style, and layering conventions. • GIS parcel line information will be sufficient for the purposes of delineating lateral ownership boundaries, except for the detention pond parcel for which property corners shall be set. • Consultant will obtain ROW permit for survey and potholing if needed (for traffic control). • Consultant will provide City 3 day notice of advance for being on site to perform the survey. • Pavement repair for potholes shall be per City standard. If located in a sidewalk, temporary asphalt will be used. Task 3 - Consultant Deliverables: • One draft paper copy and an electronic copy (PDF 11 "xl 7" and CADD file) of survey base maps to be used for design. • One final paper copy and an electronic copy (PDF 11 "xl 7" and CADD file) of survey base maps to be used for design, incorporating comments received on the draft. • Potholing results, if collected. Task 4 - Geotechnical Report and Investigations The Consultant (HWA GeoSciences) shall conduct geotechnical investigations and prepare a geotechnical report to support the project design and construction. This task includes the following elements: • Coordinate exploration locations with Client/City. Coordinate with driller to schedule the field work. • Mark the locations of 2 boreholes in the field and arrange for utility locates. • Log the drilling of 2 borehole to a depth of about 20 feet. A monitoring well will be installed in one of the boreholes to monitor ground water levels through April 2019 using a water level transducer installed in the borehole. • Perform engineering analyses related to infiltration (from grain size analysis) and earthwork. • Prepare a draft report presenting the results of our investigations, testing, and engineering recommendations (e.g., for excavation, dewatering, temporary and permanent side slope (the current ones are steep! 1:1). • Finalize the report upon receipt of review comments. Task 4- Assumptions: • All explorations will be in the pond area and will not require traffic control. • If it is determined after the initial investigations that a Pilot Infiltration Test (PIT) is needed, it will be paid for out of the management reserve. Task 4 - Consultant Deliverables: Scope of Services — City of Renton Heather Downs Stormwater Quality Retrofit Project 1 6 AGENDA ITEM #6. q) • Draft geotechnical report, hard paper copy and an electronic copy. • Final geotechnical report, final paper copy and an electronic copy. Task 5 - Design Report Consultant will develop a design report for the project improvements that will include modeling, alternative analysis and concept design to obtain City and Ecology approval prior to proceeding with the detailed design of improvements. The Design Report will need to meet Ecology's document design deliverable requirements for Stormwater Projects with Ecology Funding. Task 5 includes several subtasks as described below. 5.1 HYDROLOGIC/HYDRAULIC MODELING Consultant will develop simple WWHM hydrologic model to assess the basin flow regimes into the existing facility and for use as a tool to evaluate alternatives and their effectiveness. The model will be used to assess: pond inflows and outflows, pond water surface elevations (wse's), required water quality treatment storage (wetpond) volume (or as available), treatment performance, detention provided and infiltration (based on assumed infiltration rates from the geotechnical analysis) for potential alternative configurations. One upstream pond will be included in the basin model. City will provide as - built information of this pond. Proposed modifications will be compared against the current pond in order to demonstrate benefits. It is noted that the ability to increase detention storage is limited and will not be expanded. Hydraulic analysis, if completed, will be done for pipe systems using King County spreadsheets or simple hydraulic model. The modeling analysis will be documented in the Design Report (Subtask 5.3). If modeling is completed, it will be limited to the main trunk systems within the project area (Exhibit C). 5.2 ALTERNATIVE IDENTIFICATION AND ANALYSIS Based on the results of the initial modeling, survey, and geotechnical investigations Consultant will identify a range of potential options for improving pond performance and meeting Ecology's target treatment requirements. The Consultant will develop simple sketches of potential options to present at a team meeting to be held with the City. The goal of this meeting will be to consider the range of potential options and select up to 2 for detailed analysis. (or only one if the apparent best option is clear). Once the alternatives are selected, the Consultant will complete sizing analysis, cost estimates, and treatment performance estimates. More refined alternative plan view sketches will be developed. An alternative comparison will be performed using a simple matrix summary that includes City approved criteria such as cost, treatment benefit, maintenance considerations, public acceptance, etc. The evaluation will be used by the City to select the preferred alternative. Scope of Services — City of Renton Heather Downs Stormwater Quality Retrofit Project 1 7 AGENDA ITEM #6. q) 5.3 PRE -DESIGN REPORT AND SUBMITTALS Consultant will prepare a pre -design report to document the project investigations, modeling work, alternative analysis, and recommendations. Technical analysis, such as the survey, geotechnical report, hydrologic/hydraulic modeling will be included as appendices. The report will be formatted to meeting the Ecology grant requirements. A draft report will be prepared for City review. Upon receipt of City review comments, the pre -design report will be updated to address the comments and include a 507a-60% design of the recommended alternative (developed under Task 7.1). This draft will be submitted to Ecology for review and approval. It will include a project design schedule and cost estimate. Upon receiving Ecology comments, and any additional City comments, a final pre -design report will be prepared. A separate letter or checklist will be prepared that summarizes how Ecology comments were addressed. Task 5 - Assumptions: • No more than 2 alternatives will be considered (alternatives may include both the treatment improvements, need for a high flow bypass, and other pond amenities). • It is assumed that ADA compliance ramps are not required for the project. • The current flow control function will be preserved to the extent possible. • The design report will follow the Ecology requirements, which will also satisfy the City's requirements for a TIR. Task 5 - Consultant Deliverables: • Draft pre -design report to City, hard paper copy and an electronic copy. • Draft pre -design report to Ecology, hard paper copy and an electronic copy. • Final pre -design report, hard copy and electronic copy Task 6 - SEPA Checklist Review Under this task, it is assumed the City will draft a SEPA checklist based upon information the preliminary design work and cost estimate. The Consultant will provide quantities as needed for the checklist. The Consultant will review and provide comment to the City on the draft checklist for the City's use in preparing a final checklist. Task 6 Assumptions • Because the project is a City CIP project, a clearing and grading permit or right-of-way use permit are not required. • State and Federal permits do not apply to this project. • City will pay for any permit fees. Scope of Services — City of Renton Heather Downs Stormwater Quality Retrofit Project 8 AGENDA ITEM #6. q) Task 6 - Consultant Deliverables: • Comments on the City prepared Draft SEPA Checklist Task 7 -Design, Construction Documents, and Cost Estimate Following completion of the City- and Ecology- approved recommended improvements (Draft Pre - design report submitted under Task 5.2), the Consultant will advance the project design of the recommended improvements. This task includes three subtasks which are described below. For purpose of budgeting the design improvements a preliminary drawing list has been prepared. The exact improvements are not known at this time. For this reason, if there is a change in the number of design drawings it shall be the basis for Task budget adjustments. Sheet Description G1 Cover, Title, Location Map and Sheet Index G2 Legend, Notes, Abbreviations, and Survey Information C1 TESC Plan and Details C2 Site Plan ((l" = 40' at 11x17) C3 Profiles and Sections C4 Misc. Civil Details, Sht. 1 of 2 C5 Misc. Civil Details, Sht. 2 of 2 For each submittal, a cost estimate will be prepared using a proposed list of bid items. In addition, each submittal will include project specifications. Consultant will be responsible for preparing the special provisions. Special provisions and construction plans shall be developed in accordance with the latest edition and amendments to the local and state regulations guidelines, and specifications. City will be responsible for providing the City standard contract language and Division 0. The specifications will include the required grant funding provisions. 7.1 50%-60% SUBMITTAL This task includes preparation of 5057o-60% level design drawings following the City's confirmation of the recommended improvements. The 50-60% design will be included in the design report to be submitted to Ecology for review and approval. The submittal will include a cost estimate, including the identification of items that should be considered eligible for Ecology funding. 7.2 90% SUBMITTAL This task includes preparation of 90% design drawings, specifications: and cost estimate. The submittal Will prepared for concurrent review by both the City and Ecology. The 90% submittal will incorporate Scope of Services — City of Renton Heather Downs Stormwater Quality Retrofit Project 1 9 AGENDA ITEM #6. q) both City comments and Ecology comments on the pre -design report. If there are project changes that affect the estimate of water quality benefit, a revised calculation of the benefit will be submitted. The 90% submittal will include a separate letter or checklist describing how Ecology comments on the pre -design report were addressed. The submittal will include an updated project design schedule. 7.3 FINAL BID -READY SUBMITTAL This task includes preparation of final bid -ready design drawings, specifications, and cost estimate. The submittal will prepare for concurrent review by both the City and Ecology. The final submittal will incorporate both City comments and Ecology comments on the 90% submittal. If there are project changes that affect the estimate of water quality benefit, a revised calculation of the benefit will be submitted. The final submittal will include a separate letter or checklist describing how Ecology comments on the 90% submittal were addressed. The submittal will include an updated project design schedule. Upon City and Ecology review of the final documents, it is assumed that there may be slight updates to incorporate any minor changes. Task 7 Assumptions • The level of effort is based upon an estimate of 7 drawings. If additional design sheets are needed, it may be the basis to request additional budget. • It is assumed the design development proceeds from 60% to final design based on the initial recommended improvements. Major changes (e.g., at the 90% design), may require additional effort and budget. • All City comments will be coordinated through the City PM, who will resolve competing comments prior to issuance to the Consultant. • The project specifications will present traffic and pedestrian control and will reference the City's standard traffic lane closure/traffic control details, and no detailed temporary traffic control design sheet, or project specific sketches are needed. • Any private utility relocations that are required will be designed and constructed by the private utility. • The design budget does not include relocation of other City utilities (water and sewer). • Irrigation plans are not required. Temporary irrigation will be used if needed and will be Contractor designed. • City will be responsible for printing and reproduction, and bidding. • Coordination with private property owners will be by the City. • Construction easements are not anticipated at this time. • Project specifications will include requirements for temporary construction dewatering. A specific dewatering plan will not be included. • It is assumed no new ADA ramps are required. • A demolition plan/site preparation plan is not required. • Decisions for any tree removal based on its condition will be by the City. Scope of Services — City of Renton Heather Downs Stormwater Quality Retrofit Project 1 10 AGENDA ITEM #6. q) • If this City elects to erect permanent public education signage, it is assumed the design of the sign will be by others. • If the City elects to include drainage conveyance improvements for a nearby localized problem, it will be considered extra work. • Separate landscape design, design sheets will not be required. Task 7 Deliverables • 50%-60% design drawings, cost estimate (including quantity take -off calculations) specifications, and schedule. • 90% design plans, cost estimate (including quantity take -off calculations), schedule and Ecology comment response form (if needed), and update to water quality benefit (if needed). Final design plans, cost estimate (including quantity take -off calculations), schedule and Ecology comment response form (if needed), and update to water quality benefit (if needed). • Final -final "Bid Set" after City/Ecology review Project Fee: For performing the work as described above in the Scope of Work, Consultant has estimated a total contract fee of $111,600. The estimate is included as Exhibit B. The fee is based upon Consultant billing rates times an estimate of the number of hour. The overall project fee shall not be exceeded without prior written authorization from the City. Should the City request additional services beyond the Scope of Work, this effort and cost shall be agreed upon and approved by the City. Estimates within specific tasks are estimates of level of effort and may vary between tasks. Project Schedule: Consultant will perform the work in order to complete the Scope of Work including final Task 7 design by December 31, 2019. A preliminary schedule is included as Exhibit D. As described in the Scope of Work, the Project Schedule will be updated during specific task submittals. Scope of Services — City of Renton Heather Downs Stormwater Quality Retrofit Project 1 11 AGENDA ITEM #6. q) City of Renton Project. Heather Downs Detention Pond Retrofit Project Project Budget Task Summary 11-13-18 EXHIBIT B PAGE 1 OF 3 Charges LB Labor LB General Travel Subcontractor Task Subtask Total No. No. PhaselTask Hrs Labor Revenue Expenses Expenses Charges' Charges 1 0 Project Management 0.00 $0 $0 $0 $0 $0 1 1 Project Administration 42.00 $6,985 $0 $0 $0 $6,985 1 2 QA/QC 16.00 $4,406 $0 $0 $0 $4,406 2 0 Data Collection and Review & Site Visit 9.00 $1,534 $0 $0 $0 $1,534 3 0 Survey and Base Mapping 0.00 $0 $0 $0 $0 $0 3 1 Topographic Survey 4.00 $486 $0 $28 $9,188 $9,702 3 2 Utility Locate 0.00 $0 $0 $0 $800 $800 3 3 Potholing Allowance 0.00 $0 $5,009 $0 $0 $5,009 4 0 Geotechnical Report and Investigations 7.00 $1,245 $0 $0 $17,916 $19,161 5 0 Design Report 0.00 $0 $0 $0 $0 $0 5 1 H/H Modeling 28.00 $3,864 $0 $28 $0 $3,892 5 2 Alternative Identification and Analysis 44.00 $7,293 $0 $28 $0 $7,321 5 3 Design Report and Submittals 64.00 $9,022 $0 $0 $0 $9,022 6 0 SEPA Checklist Review 10.00 $1,834 $0 $0 $0 $1,834 7 0 Design, Construction Documents & EstimE 0.00 $0 $0 $0 $0 $0 7 1 50% 60% Submittal 154.00 $20,968 $0 $0 $0 $20,968 7 2 90% Submittal 92.50 $12,581 $0 $0 $0 $12,581 7 3 Final Bid -Ready Submittal 61.50 $8,387 $0 $0 $0 $8,387 GRAND TOTALS 532.00 $78,6031 $5,009 1 $84 1 $27,9041 $111,600 AGENDA ITEM #6. q) City of Renton Project: Heather Downs Detention Pond Retrord Project Labor Revenue Summary 17-13-711 EXHIBIT B PAGE 2 OF 3 Enter names and rates from left to right Task Totals Select Name, Class, OR Giseburt, Cammenneyer, Nelson. Ralph D Michael S Weber, Mary B Jon W JUNIOR CAD Olson Arlene T LA Phase Task Classification' nnc'P min No. 1 No. I Phasettask Hours Revenues Labor Rate $275.34 $222.16 $184.52 $144.59 $98.30 $91.83 $136.00 1 0 Project Management 0.00 $0 1 1 Project Administration 24 18 42.00 $6,985 1 2 DAIOC 16 16.00 $4,405 2 0 Data Collection and Review & Site vis t 3 6 9.00 $1,534 3 0 Survey and Base Mapping 0.00 $0 3 1 Topographic Survey 2 2 4.00 $486 3 2 Utility Locate 0.00 $0 3 3 Potholing Allowance 0 0 0.00 $0 4 0 Geotechnical Report and Investigations 3 4 7.00 $1,245 5 0 Design Report 0.00 $0 5 1 HIH Modeling 24 4 28.00 $3,863 5 2 Alternative Identification and Analysis 12 32 44.00 $7,293 5 3 Design Report and Submittals 12 28 16 8 64.00 $9,022 6 0 SEPA Checklist Review 5 5 10.00 $1,834 7 0 Design, Construction Documents & Estimate 0.00 $0 7 1 501/660%Submittal 0 17 0 81 52 4 0 154.00 $20,967 7 2 90%Submittal 0 10 0 49 31 2 0 92.40 $12,580 7 3 Final Bid -Ready Submittal 0 7 0 32 21 2 0 61.60 $8,387 0.00 $0 Total Hours 16.00 93.00 0.00 263.00 126.00 34.00 0.00 532.00 Total Revenues $4,405 $20,661 $0 $38,027 $12.386 $3,122 $0 $78,602 AGENDA ITEM #6. q) City of Renton Project: Heather Downs Detention Pond Retrofit Project Subcontractor Costs 11.13.18 EXHIBIT B PAGE 3 OF 3 Enter Names and Rates Name HWAGeo 1Alliance Expenses SEEW Cost $17,916.00 $9,988.00 Client Rate' $1.00 $1.00 LB Phase Task % Mark-up % Mark-up % Mark-up Fixed Rate Include Admin Mark-up? Cost to Client Cost to LB Mark-up a -up or ix Rate" No. No. Phase[Task Final Bill Rate $17,916.00 $9,988.00 $0.00 No 1 0 Project Management $0 $0 $0 1 1 Project Administration $0 $0 $0 1 2 QA/QC $0 $0 $0 2 0 Data Collection and Review & Site Visit $0 $0 $0 3 0 Survey and Base Mapping $0 $0 $0 3 1 Topographic Survey 0.92 $9,188 $9,188 $0 3 2 Utility Locate 0.08 $800 $800 $0 3 3 Potholing Allowance $0 $0 $0 4 0 Geotechnical Report and Investigation 1.00 $17,916 $17,916 $0 5 0 Design Report $0 $0 $0 5 1 H/H Modeling $0 $0 $0 5 2 Alternative Identification and Analysis $0 $0 $0 5 3 Design Report and Submittals $0 $0 $0 6 0 SEPA Checklist $0 $0 $0 7 0 Design, Construction Documents & Estimate $0 $0 $0 7 1 50% 60% Submittal $0 $0 $0 7 2 90% Submittal $0 $0 $0 7 3 Final Bid -Ready Submittal $0 $0 $0 8 0 Public Involvement $0 $0 $0 9 0 Bid Assistance $0 $0 $0 10 0 Management Reserve $0 $0 $0 $o $o $o Total Charges to Client 1 $17 916 1 $9, 988 1 $0 $27,904 AGENDA ITEM #6. q) 1 ALLIANCE 13EOMATICS SURVEYING & MAPPING MBE/DBE Level of Effort a-ws wm n Dc 1R 1 QLLIANCE by RR cltl RR 13EC]MATIC5 RVEY.NG & MAPPING MbE/OR[ Xeatller Downs tend MCUENT lulc Reger City of Renton TASK ► P•1 PM ►l5 Acn ►M CA005 CAODA 7FEH♦ TECH2 AAWn FEE S 22A S 15S S 127 S gals lln S IOS S It S 77 S 40 NUM DESCRIPTION HOURS TASK 1 wreyfM, Admn,QR/QC 9 2 1 R 1 2 1 S L333 2 MCaelm' 10 2 4 d S 96e 3 Feb MRRt _ Dlrce ft c ne 20 ... 10 10 ,........ S I-820 S —... ...�2.151 6 20 _ It �.. S farce NOS 26 4 2 R 6 6 S 2.676 0 7 S TOTAL HOURS RS r , s r� ra r• 1 S 4En00 S 620.00 S in00 S 160oo S 9aem S 232000 S 2.100110 S 1.5d000 S 9ano S 1"ao TOTALDIRECTIMIKKNCDSALARYCOSTS $ 1.950 OTHER DIRECT COSTS MILEAGE (ONE WAY( U REAGE fTOTAL MIEA fi 054 DRAFT S 3R number of re d days 21 TER DIEM IGAVSf S NOTES LODGING(DAYS) S MARRLASLSUf7UES ACCORD Of SURVEY $ 200 _ —_ ER{OESCNRCI S SUE LOCATES LRIOYLOCATES ESTIMATED $ R00 TOTAL OO/tR DIRECT COSTS S 1.039 GRAND TOTAL FEE ESTIMATE S 9988 1 Alliance Geomatics Bellevue I Everett I Tacoma I Portland Main 425.598.2200 1 Fax 425.502.8067 1261-120 Ave NE, Bellevue, WA 98005 5 AGENDA ITEM #6. q) P.)"I Can Enlmme �(Q� HWA tit 7eIL1Ja Heather Danes Doundoe Pond Water Quality lldrdH ffLf I HMGEOSCIENCES INC D.I. twrt.0 Doltm Smicn Rntoa� Wasninpaa PnP.md By We Scope of Wark Comdimsou.plmatta.hcmtanwub Chem2Cy Coadusle wandntler 1. schedukf Id nod W'e amume aD expbratiom rill be in the paid ann old udl RI req�nm half coswol Marl the bcatiom of 2 borehoks to the Id atd arra.ge fat mdip Insoles 1st the dOLil ell brthok to a dcplb of aban in (m each A m.eitanng aril wm be installed In am bomlmk to .mmmr proud wmer Ines lismuth Apn] 2019 Crean by of the bwinp and assign Iahet. t3 !runt. PeK m eotieeenctamlim rthled to m6hnnanpoicenal lfmm Ipn rrm awl)us) and eanh•arl P.J.. a draft stMn pmundisg she resdts.fcur unxNgasks. grated uacr Ine1s aed eryprcennt rtc.mnredannm Finalim the rPon upon neeipt of mlwc canlltlrms WORT: TASL UFSL7lIPTN7N PERSONNEL A 20It HOURLY RATES 11 E VI ?..Ipl VI Gcob II Gcal 11 CAD Clmrcal TOTAL HOURS TOTAL MIOlR7T jts GS fmlln I $7411n 124110 $Ia )! ftg rot 111 to P 5em Coordlxalnn wnh SlOcomrxnn 1 2 J fl7e ALvk Ee mlroaloalromdAnW U..Iq locates J J 1111 Drilled Rorchoks In In $2ee P Bortbk Lo AAmr Lab? I 2 l $ilt Irate!aedR.Irocx W'merLesxl TrJrtrdttceraed D.Wood Dasa Ifs I4 f1G0 Ea t A.Al 1 a In $W9 Prepom Dmn A Fsn Reports Cooudlalmn Prith m QA,'OC J n e _ 2 J 34 t t 1.27e flee Test Fr No Tuts U.I Cost raw Can Gram Sue Dnubtemn r, ft0n S(M Gmm5lreweh HsdeemeIs, 2 f2J0 sJtm Atkrber Ltmntsl hsam. udeal 0 SINS So Coluobdalmn 0 117511 10 ESTIMATED DIRECT EXPE14SES: Mileage & HIS nk f m Doting Stbmiranar 17 tam Labantary Test* tp; SI nen Escatvbn5abcmmclor to W'aeaTmck Rental fn PIT Reesal Equipoicaslhaus calm ekl fn TOTALDIRECT V(PENSES: Sf1Se PROJECT TOTALS AND SUMMARY: Drmct Sdory Can IOSCI S,131,0 OH D 197 tl•. • OSC $7.1151 Fee m 10•. • DSC f I,GG9 Dnrtn Egrnles SG 210 GRAND TOTAL• 517.91a Ae..aadcandlU .. 1 This con estimate aumnel rm fQs assacwed nun nrtet tau permns ws4 be mgwrtd 2 Geol¢hoical nahWion includes pksinl sod in,limordl don rut urhde nahntronaf polemmlh ronaaemnted will. (It, or pound wale!, or the idnudneuan of we,n..a erns In sir nem camanunakd tolls appal n be preseN H WA till calks, saupks ad consul the OwrrrlDasgrrr f.r dimcsmm 1 All Mariam immsam mt-W. and m) be Ailed belween tams uobn IM hm eeftk total budRt m Ifs diumim of H WAS ptaJm xcP 2016-132 Heather Dorms Scope t EsOtnalo 10.12.19 AGENDA ITEM #6. q) 1 ALLIANCE GEOMATICS SURVEYING & MAPPING Exhibit C - Project Area MBE/DBE (including Survey Limits) 1 Alliance Geomatics Bellevue I Everett I Tacoma I Portland Main 425.598.2200 1 Fax 425.502.8067 1261-120 Ave NE, Bellevue, WA 98005 4 AGENDA ITEM #6. q) Task 6 Task Name Duration Mode 1 E NTP 1 day? 2 Task 1- Project Management 260 days 3 W. Task 2 - Data Collection/Review 10 days 4 W. Task 3 - Topographic Survey 20 days 5 IIIIIR� Task 4 - Geotechnical Report 25 days 6 01. Task 5 - Design Report 105 days 7 W Task 5.1 - H/H Modeling 10 days 8 ii: Task 5.2 Alt. Identification and 25 days 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 Analysis Task 5.3 - Design Report 9S days Submittals Task 5.3 A - Draft Submittal 5 days W. Task 5.3 B - City Review 10 days W. Task 5.3 C - Ecology Submittal 20 days Task 5.3 D - Ecology Review 45 days W. Task 5.3 E - Final Submittal 15 days �. Task 6 - SEPA Checklist Review by 5 days Consultant W. Task 7 - Design, Construction 120 days Documents Task 7.1 - 50-60%Submittal 20 days Task 7.2 -90%Submittal 70days Task 7.2 A - 904 Submittal 25 days to City/Ecology W. Task 7.2 B- City/Ecology Revii45 days �1 Task 7.3 - Final Bid Ready 50 days Submittal W. Task 7 3 A - Final Submittal to 20 days City/Ecology W. Task 7 3 B - City/Ecology Revit 15 days Task 7.3 C - Final Submittal 15 days Task Project Exhibit D -Project Sche Split Date. Tue 11/13/18 Mlestone Summary Project Summary Start Finish 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Tue 1/1/19 Tue 1/1/19 11 Wed 1/2/19 Tue 12/31/15 Wed 1/2/19 Tue 1/15/19 &W Wed 1/16/19Tue 2/12/19 f- Wed 1/16/19Tue 2/19/19 i1 Wed 2/13/15Tue 7/9/19 Wed 2/13/19Tue 2/26/19 % Wed Tue 4/2/19 2/27/19 Wed Tue 7/9/19 2/27/19 Wed 2/27/19Tue 3/5/19 L Wed 3/6/19 Tue 3/19/19 ti Wed 3/20/19Tue 4/16/19 Wed 4/17/19Tue 6/18/19 Wed 6/19/19Tue 7/9/19 �T Wed Tue 7/16/19 �l 7/10/19 Wed Tue 7/17/19 12/31/19 Wed 7/17/19Tue 8/13/19 Wed 7/17/1STue 10/22/1! Wed Tue 8/20/19 illy 7/17/19 Wed 8/21/19Tue 10/22/1S �. Wed Tue F^- 1O/23/19 12/31/19 Wed Tue 10/23/19 11/19/19 Wed 11/20/1Tue 12/10/1S Wed 12/11/1Tue 12/31/1S 1 Inactive Task •�.�.,r.rr�r�rrr rr r� Inactive Milestone ♦ Inactive Summary ii Manual Task --- --7 Duration -only Manual Summary Rollup External Milestone Manual Summary f--1 Deadline ' Start -only L Progress k� Finish -only ] Manual Progress ' External Tasks Page 1