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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.
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AGENDA ITEM #6. d)
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3yo I)tIS.
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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.
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KING,WA Page 2 of 2 Printed on 11/26/2018 3:24:17 PM
Document: DED WAR 1990.03301056
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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
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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
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AGENDA ITEM #6. p1)
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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
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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
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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.
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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.
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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.
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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.
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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
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AGENDA ITEM #6. g)
CONTENTS
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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
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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
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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)
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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)
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UNDER KWC COUNTY RECORO'NG No, 200O03T49Ct4:4I, SEWS MARKED BY A
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EXTSnNC RUNIVAY AS SHORN ON SAID SLIRVEY, A DISTANCE OF 4.22254
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THENCE N04-49'43'W. A DISTANCE OF 27B F2 FEFT TV THE PEXHT OF
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THENCE CCHIINLWIC N04'49'43'IY, A INSTANCE OF 52 04 FEET,
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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:
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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
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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
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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
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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:
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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.
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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.
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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
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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
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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.
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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.
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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:
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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.
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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
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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:
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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:
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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.]
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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.]
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City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820)
AGENDA ITEM #6. 1)
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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
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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.
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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
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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
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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.
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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
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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)
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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.
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Notes
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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
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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.
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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
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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
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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
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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),
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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
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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
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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.
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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)
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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