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HomeMy WebLinkAboutAgendaenton O AGENDA Utilities Committee Regular Meeting 6:00 PM - Monday, January 28, 2019 Council Conference Room, 7th Floor, City Hall — 1055 S. Grady Way 1. Se 172nd St. Stormwater Grant a) 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. 2. Heather Downs Project Agreement a) 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. 3. 16th & Jefferson Stormwater Agreement a) 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. 4. Emerging Issues in Utilities AGENDA ITEM #1. a) AB - 2292 C[TY OF -----wwwo�Renton uOo�" 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 #1. a) Authorize the Mayor and City Clerk to execute the Water Quality Grant Agreement WQSWPC-2016-Renton- 00058 with the Department of Ecology to accept $250,000 in grant funds for the SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Project. 'NE 4th,St Srd St d - l i u �r' r 3rd- :tco fvd ryLP - i , a41 ; . - E all, ui _- _ ., .. _..... _ E 1 92nd St W Lij ' CM r � E 208th S t ", SE 172nd St and 125th Ave 7 Notes 0 128 256 Feet 1984_Web_Mercator_Auxil iary_Sphere city °f Refffons Finance & IT Division Legend �.; City and County Boundary p Utility Vault Parcels Unknown Structure -� Wetlands + Private Discharge Points Network Structures Private Detention Facilities o Inlet Pond Q Manhole Tank Utility Vault Vault Unknown Structure Wetland Discharge Points Private Pipes gtnrrnwnts-r Mainc 6- Privates Far ility ni rtlinac Kevin Evans This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be krevans@Rentonwa.gov accurate, current, or otherwise reliable. 11/19/2018 THIS MAP IS NOT TO BE USED FOR NAVIGATION DEPARTMENT OF AGENDA ITEM#1. a) 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 I TEMI I .t b) 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 I TEM I t b) 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 I TEM I t b) 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 I TEMV I .t b) 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 I TEM I T 3i) 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 I TENiV 13b) 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 I TEMI I Ai) 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 I TEMI I Ai) 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 TEII I I Ai) 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 TEII I I .t b) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton Funding Distribution Summary Recipient / Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total SFAP 0.00 % $ 0.00 $ 250,000.00 $ 250,000.00 Total $ 0.00 $ 250,000.00 $ 250,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: "Administration Charge" means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology's cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account. "Administrative Requirements" means the effective edition of ECOLOGY's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. "Annual Debt Service" for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. "Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. "Acquisition" means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. "Centennial Clean Water Program" means the state program funded from various state sources. "Contract Documents" means the contract between the RECIPIENT and the construction contractor for construction of the project. "Cost Effective Analysis" means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. "Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. "Effective Date" means the earliest date on which eligible costs may be incurred. "Effective Interest Rate" means the total interest rate established by Ecology that includes the Administrative Charge. "Estimated Loan Amount" means the initial amount of funds loaned to the RECIPIENT. "Estimated Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. "Equivalency" means projects designated by ECOLOGY to meet additional federal requirements. "Expiration Date" means the latest date on which eligible costs may be incurred. "Final Accrued Interest" means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued. "Final Loan Amount" means all principal of and interest on the loan from the Project Start Date through the Project Version 10/30/2015 State of Washington Department of Ecology AGENDA I TEII 9 I .t b) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton Completion Date. "Final Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. "Forgivable Principal" means the portion of a loan that is not required to be paid back by the borrower. "General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. "General Obligation Payable from Special Assessments Debt" means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. "Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. "Guidelines" means the ECOLOGY'S Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. "Initiation of Operation Date" means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. "Loan" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. "Loan Amount" means either an Estimated Loan Amount or a Final Loan Amount, as applicable. "Loan Fund" means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan. "Loan Security" means the mechanism by which the RECIPIENT pledges to repay the loan. "Loan Term" means the repayment period of the loan. "Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. "Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense. "Original Engineer's Estimate" means the engineer's estimate of construction costs included with bid documents. "Principal and Interest Account" means, for a loan that constitutes Revenue -Secured Debt, the account created in the loan fund to be first used to repay the principal of and interest on the loan. "Project" means the project described in this agreement. "Project Completion Date" means the date specified in the agreement on which the Scope of Work will be fully completed. This term is only used in loan agreements. "Project Schedule" means that schedule for the project specified in the agreement. "Revenue -Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. "Reserve Account" means, for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. "Risk -Based Determination" means an approach to sub -recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. "Scope of Work" means the tasks and activities constituting the project. Version 10/30/2015 State of Washington Department of Ecology AGENDA I TEII 9 I .t b) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton "Section 319" means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution. "Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. "State Water Pollution Control Revolving Fund (Revolving Fund)" means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. "Termination Date" means the effective date of ECOLOGY's termination of the agreement. "Termination Payment Date" means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. "Total Eligible Project Cost" means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match. "Total Project Cost" means the sum of all costs associated with a water quality project, including costs that are not eligible for ECOLOGY grant or loan funding. "ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. "ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. "Utility" means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY's Water Quality Program website. A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services," have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY, on behalf of the State of Washington. The documents required will depend on the project type, the real property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to ECOLOGY. Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTS shall use this document Version 10/30/2015 State of Washington Department of Ecology AGENDA I TEII 9 I .t b) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes. The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance. 1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to provide any housing and relocation assistance required. e. Hazardous Substances. 1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site, or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed "clean." 2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring. f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or a term -limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website. D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment reimbursement. Washington State's Department of Enterprise Services (DES) issues all payments. DES maintains a central vendor file for Washington State agency use to process vendor payments. The RECIPIENT can complete the Version 10/30/2015 State of Washington Department of Ecology AGENDA I TEII 9 I .t b) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton registration process online at: http://des.wa.gov/services/ContractingPurchasingBusinessNendorPaylPages/default.aspx. This registration process allows the RECIPIENT to sign up for direct deposit payments, also known as electronic fund transfers (EFT). If the RECIPIENT has questions about the vendor registration process or setting up direct deposit payments contact DES Payee Help Desk at (360) 407-8180or payeehelpdesk@watech.wa.gov. E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved construction plans and specifications, must be pre -approved by ECOLOGY's project manager before purchase. All equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also be reported on the Equipment Purchase Report in EAGL. F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.13 for Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site -specific locations must utilize appropriately sized and weather -resistant signs. Sign logos are available from ECOLOGY's Financial Manager upon request. G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, "Growth Management Planning by Selected Counties and Cities." If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request. 1. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY's Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may otherwise evaluate the project, as part of this assessment. K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of this agreement. ECOLOGY's Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends, completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service ("NRCS") Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines. Technical assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY: 1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. 2. "Section 319 Initial Data Reporting" form in EAGL. A. Data Reporting: The RECIPIENT must complete the "Section 319 Initial Data Reporting" form in EAGL before Version 10/30/2015 State of Washington Department of Ecology AGENDA I TEII I I Ai) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA. B. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology Financial Manager. To increase public awareness of projects serving communities where English is not the predominant language, RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: "This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade names or commercial products constitute endorsement or recommendation for use." C. Load Reduction Reporting: The RECIPIENT shall complete the "Section 319 Annual Load Reduction Reporting" form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA's assistance agreement. In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW "Local Government Accounting — Uniform System of Accounting". B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTS shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)- -Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF -SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF -SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse's Internet Data Entry System available at: https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single audit submission, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/. D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800). E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTS shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their organization's information in the System for Award Management (SAM), Version 10/30/2015 State of Washington Department of Ecology AGENDA I TEII 9 I .t b) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration, and more frequently if information changes. F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small, Minority, and Women's Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTS, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTS, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY's Contractor Participation Report Form D with each payment request. Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections. The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. "The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Version 10/30/2015 State of Washington Department of Ecology AGENDA I TEII I I Ai) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies." Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Hotel -Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel -Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. 1. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY: 1. Financial Capability Assessment Documentation 2. Opinion of RECIPIENT's Legal Council 3. Authorizing Ordinance or Resolution 4. Federal Funding Accountability and Transparency Act (FFATA) Form 5. CWSRF Federal Reporting Information form available in EAGL 6. Fiscal Sustainability Plan Certification Form (only required if the project includes construction of a wastewater or stormwater facility construction) 7. Cost and Effectiveness Analysis Certification Form A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein. B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a "treatment works" as defined in the Federal Water Pollution Control Act (33 USC 1381 et Version 10/30/2015 State of Washington Department of Ecology AGENDA I TEII I I Ai) Agreement No: WQSWPC-2016-Renton-00058 Project Title: SE 172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Recipient Name: City of Renton seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT'S compliance with this provision. C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington, including the RECIPIENT's authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution. The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: (For designated equivalency projects only) 1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE-201 I-title40/pdf(USCODE-2011-title40-subtitleI-chap 1 I .pdf). E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website. F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide. The signage guidance can be found at: http://www.ecy.wa.gov/programs/wq/funding/FundPrgms/CW SRF/SignageGuidanceJune2015.pdf. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage, public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, or it shall self -insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. H. Litigation Authority: No litigation is now pending, or to the RECIPIENT's knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation -secured loans and general obligation payable from special -assessment -secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested. No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan, unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan Version 10/30/2015 State of Washington Department of Ecology AGENDA ITEM I Ai) 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 TEM9 I .t b) 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 TEM9 I .t b) 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 TEM9 I .t b) 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 TEM9 I .t b) 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 TEM9 I .t b) 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 ITEM I Ai) 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 TEM9 I .t b) 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 ITEM I Ai) 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 ITEM I Ai) 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 TEll I I Ai) 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 TEll 9 I .t b) 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 TEll 9 I .t b) 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 TEll 9 I .t b) 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 TEll 9 I .t b) 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 #2. a) AB - 2285 C[TY OF enton uOo�" SUBJECT/TITLE: Agreement with Louis Berger U.S., Inc. for the Heather Downs Detention Pond Water Quality Retrofit Project RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Utility Systems Division STAFF CONTACT: Ken Srilofung, Surface Water Utility Engineer EXT.: 7247 Funding for this agreement in the amount of $111,600 is available from the approved 2019 Surface Water Utility Capital Improvement Program budget for the Heather Downs Detention Pond Retrofit (427.475511). The project is partially funded by the Washington State Department of Ecology Water Quality Grant Agreement WQC-2017-Renton-00002. There is sufficient funding in the budget to cover this agreement. The Heather Downs Detention Pond Retrofit project consists of converting an existing detention pond owned and operated by the city into a combined detention and water quality treatment facility. The pond is located near the intersection of Union Avenue SE and SE 4th Street. The combined facility will provide treatment for total suspended solids, and reduce flows to Maplewood Creek by increasing stormwater infiltration and providing stormwater detention. Several engineering firms from the Municipal Research and Services Center (MRSC) Consultant Roster were invited to respond to a Request for Qualifications on July 18, 2018. Louis Berger U.S., Inc. was selected based upon their qualifications and experience. Project work under this agreement includes: • Review of existing data. • Survey and base mapping. • Water quality pond sizing analysis and conceptual design. • Geotechnical investigation and analysis. • Environmental permitting assistance. • Development of design report, construction plans, and specifications. A. Map B. Agreement Authorize the Mayor and City Clerk to execute the agreement with Louis Berger U.S., Inc. in the amount of $111,600 for engineering design services for the Heather Downs Detention Pond Water Quality Retrofit Project. Lake Washrngion West Hill i Kennydale NE S��set��vd W 10 Highlands NE 4th St East Plateau I goo � City Center *� REtVTON� deg C,ed�Ri, v s ,sr s,s S { Valley m Benson j w SE 3rd PI a Alder PI Heather Downs Detention Pond [ 5E 4th St 111 — - } U) City of Renton Figure 1: Vicinity Map N 0 0.5 1 2 A Miles �t�.tSiC}'CiLr AGENDA ITEM #2. a) 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 #2. a) 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 #2. a) 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 #2. a) 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 #2. a) 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 #2. a) 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 #2. a) 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 #2. a) 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 #2. a) 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 #2. a) 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 #2. a) 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 #2. a) 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 #2. a) 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 #2. a) 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 #2. a) 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 #2. a) • 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 #2. a) • 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 #2. a) 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 #2. a) 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 #2. a) 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 #2. a) • 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 #2. a) 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 #2. a) 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 #2. a) 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 #2. a) 1 ALLIANCE 13EOMATICS SURVEYING & MAPPING MBE/DBE Level of Effort a-ws wm n Dc 1R 1 QLLIANCE by RR cltl RR 13EC]MATIC5 RVEY.NG & MAPPING MbE/OR[ Xeatller Downs tend MCUENT lulc Reger City of Renton TASK ►GPM PM ►l5 Acn ►M CA005 CAODA 7FEH♦ TECH2 AAWn FEE S 22A S 15S S 127 S gals lln S IOS S It S 77 S 40 NUM DESCRIPTION HOURS TASK 1 wreyfM, Admn,QR/QC 9 2 1 R 1 2 1 S L333 2 MCaelm' 10 2 4 d S 96e 3 Feb MRRt _ Dlrce ft c ne 20 ... 10 10 ,........ S I-820 S —... ...�2.151 6 20 _ It �.. S farce NOS 26 4 2 R 6 6 S 2.676 0 7 S TOTAL HOURS RS r , s r� ra r• 1 S 4En00 S 620.00 S in00 S 160oo S 9aem S 232000 S 2.100110 S 1.5d000 S 9ano S 1"ao TOTALDIRECTIMIKKNCDSALARYCOSTS $ 1.950 OTHER DIRECT COSTS MILEAGE (ONE WAY( U REAGE fTOTAL MIEA fi 054 DRAFT S 3R number of re d days 21 TER DIEM IGAVSf S NOTES LODGING(DAYS) S MARRLASLSUf7UES ACCORD Of SURVEY $ 200 _ —_ ER{OESCNRCI S SUE LOCATES LRIOYLOCATES ESTIMATED $ R00 TOTAL OO/tR DIRECT COSTS S 1.039 GRAND TOTAL FEE ESTIMATE S 9988 1 Alliance Geomatics Bellevue I Everett I Tacoma I Portland Main 425.598.2200 1 Fax 425.502.8067 1261-120 Ave NE, Bellevue, WA 98005 5 AGENDA ITEM #2. a) 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 ChemfCy 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 1 borehoks to the Id atd arra.ge fat mdip Insoles 1stthedOLilel1brthoktoadcplbofabanin(meach Am .slang aril wm be installed Inam bomlmk to.mmmr proud wmer Ines lismuth Apn] 1019 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 201R HOURLY RATES 11 E VI ?..Ipl VI Gcob II Gcal 11 CAD Clmrcal TOTAL HOURS TOTAL MIOlR7T jts Gi fmlln I $7411n 134110 $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 five P Bortbk Lo AAmr Lab? I 1 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 _ 1 J 34 t t 1.279 flee Test Fr No Tuts U.I Cost raw Can Gram Sue Dnubtemn r, ft0n S(M Gmm5lreweh HsdeemeIs, 1 fiJO 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 i10 GRAND TOTAL• 517.91a Ae..aadcandlU .. 1 This con estimate aumnel rm fQs assacwed nun nrtet tau permns ws4 be mgwrtd 1 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 urns 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 #2. a) 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 #2. a) 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 AGENDA ITEM #3. a) 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 #3. a) 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 - a FIG. 1: PROJECT AREA 0 136 272 Feet 1984_Web_Mercator_Auxil iary_Sphere city °f Refffo n is Finance & IT Division Legend �.; City and County Boundary Tank Parcels vault Network Structures Wetland o Inlet — Stormwater Main A Manhole i Culvert E Utility vault Open Drains 0 Unknown Structure Facility Outline Control Structure Private Network Structures ® Pump Station 12 Inlet 4u nicr harm Pnint ® Manhole COR Maps - GIS This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be Jmcdonald@Rentonwa.gov accurate, current, or otherwise reliable. 9/18/2018 THIS MAP IS NOT TO BE USED FOR NAVIGATION AGENDA ITEM #3. a) 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 #3. a) 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 #3. a) workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City's or other's adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/orto comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relations ff %,I, IL PAGE 3 OF 10 AGENDA ITEM #3. a) 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 #3. a) 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 #3. a) 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 #3. a) 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 #3. a) 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 #3. a) other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant's performance of this Agreement. K. Third -Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. ff %,I, IL PAGE 9 OF 10 AGENDA ITEM #3. a) 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 #3. a) 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 #3. a) 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 #3. a) ❑ 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 #3. a) 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 #3. a) 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 #3. a) 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 #3. a) 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 #3. a) 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 #3. a) 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 #3. a) 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 #3. a) 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 #3. a) 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 #3. a) 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 #3. a) 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 #3. a) c rn N co a U N C AGENDA ITEM ggo a888o$ SR S $oBSa a H S.S o 088.8 S 80 S m p _ N a m n as E wwww w ✓' w w nN w w N w w w —e5 -- W r � 963w�w �ia� RCS d� �d �w� � o p U U r r m U N � Z 3 U w 2 o G S ct�LJ��a 1 r - `o �= E 9 2 t u E up a m � d 9i N u F r t�i N N E o =�dv 0 `o ° u5 rc u5 a J 2 H d U U j Qu, �' 2 ��MmmW dmN W N Q L � ¢ iL U N 2 y a H F H F H r � - G C tm C a a E E a o - c w= 8 F C ¢8c n G� gO1c= 10 y i,o 3 m n_ K x _ a r,o sa� 4 ? E F a. `L US oq a- Y rl❑Y0 �O coW N ii9m0. R' M K 1 O ¢ ¢ ci w []h N mR Z 14 M d Iq aLLJ F r N H F r r #3. a) AGENDA ITEM ge e 98o8.' 11.8 0 8 888 o 880a e r n w Ew M = E o U U r r w U 2 n 3 U 2 N u 10 c g ii u ILr Lu L � F J � ma F N ry N q ip �D E� y N F U � tQi`lry _ g E G S O �u5 K W L J a y n N U m P O ci U j ci N Q a 0 r 0 r 0 r 0 r 0 r 0 r o r u N s w m � n a m n Er n C r5 6 oe 'm m 3 O Y � E o o• E `. LL E m W pE .7 d r r C I5.9 v C m 6 g S' o Y w H C E c S C fv w i. 107 o C CA a yS`` m L m L o IL A d O 00 i do v rJ Ol �aR � LL'w$�m 3au�3 m ro a � AGENDA ITEM #3. a) AGENDA ITEM #3. a) 5309 Shilshole Avenue NW Suite 200 Seattle, WA 98107 206.789.9658 phone 206.789.9684 fax Exhibit 1 SCOPE OF WORK 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 #3. a) 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 #3. a) 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 #3. a) 4 v w W Z d Q C O Lh C� � G W •� r W O p Z U 6. c N ,Q ~ J � m C X N W W V d a x � w Xk�� X J W W m O O d y Z a Q y W C 7 O d E Z O y it W W 41 AGENDA ITEM #3. a) Z _ •+. pp� tC1 � Y 00 Q d O o ti 3 Ca d � � O O O W _ � W T U G U y N G O • 12 a •y .Fx. E 8 y d O ti 6 iz O r c s v y L C � rn •= - O `` s 3 N N v O t O W O h 6 c N x E W p L 0= T �. 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