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AGENDA
Finance Committee Meeting
4:00 PM - Monday, January 14, 2019
Council Conference Room, 7th Floor, City Hall – 1055 S. Grady Way
1. Parks, Recreation and Natural Areas Plan
a) AB - 2268 Community Services Department recommends approval of a Professional
Services Agreement, with MIG, Inc., in an amount not to exceed $206,993, for services
related to updating the City's Parks, Recreation, and Natural Areas Plan.
2. Certified Arborist Inspector Services Contract
a) AB - 2286 Community Services Department recommends approval of the Agreement for
Certified Arborist Inspector Services for 2019, Davey Resource Group, Inc., in the amount
of $139,360 for tree maintenance and related services.
3. Request to Increase Recreation Specialist to .75 FTE
a) AB - 2284 Community Services Department recommends increasing a Recreation
Specialist position from 0.50 FTE (Full-Time Equivalent) to .75 FTE which will allow the
Recreation Division to serve more youth through the Athletics program.
4. Family First Community Center Grant, KC Youth Sports
a) AB - 2290 Community Services Department recommends approval of two Youth and
Amateur Sports - Get Active/Stay Active grants, with King County, in order to accept
$55,000 and another $20,000 in grant funds to support increased athletic opportunities
through the construction of a multi-use recreation facility commonly referred to as the
Family First Community Center.
5. Duvall Ave. Roadway TIB Grant
a) AB - 2289 Transportation Systems Division recommends approval of the State of
Washington Transportation Improvement Board Fuel Tax Grant Agreement, accepting
$500,000 in grant funds for the Duvall Ave NE Roadway Improvements Project (NE 9th St
to NE 10th St).
6. Emerging Issues in Finance
AB - 2268
City Council Regular Meeting - 07 Jan 2019
SUBJECT/TITLE: Professional Services Agreement for Parks, Recreation and Natural
Areas Plan Update
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services Department
STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director
EXT.: 6619
FISCAL IMPACT SUMMARY:
Expenditure required: $206,993. Amount budgeted for: $223,737. There is sufficient budget for this project.
SUMMARY OF ACTION:
The updated Plan will be the blueprint for the City’s Parks, Recreation and Natural Areas development,
improvement, acquisition, partnerships, and grant funding opportunities. Upon completion, the City will
submit the Plan to the Washington State Recreation and Conservation Office for certification, and once
certified, will be eligible for grant funding.
EXHIBITS:
A. Issue Paper
B. Professional Services Agreement
STAFF RECOMMENDATION:
Staff recommends Council authorize the Mayor and City Clerk to execute the Professional Services Agreement
with MIG, Inc. to complete the attached scope of services for an amount not to exceed $206,993.
AGENDA ITEM #1. a)
COMMUNITY SERVICES DEPARTMENT
M E M O R A N D U M
DATE: January 7, 2019
TO: Don Persson, Council President
Members of the Renton City Council
VIA: Denis Law, Mayor
FROM: Kelly Beymer, Community Services Administrator
STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources
Director, Ext. 6619
Erica Schmitz, Capital Project Coordinator, Ext. 6614
SUBJECT: Parks, Recreation and Natural Areas Plan Update
Professional Services Agreement
ISSUE:
Should the Council authorize the Mayor and City Clerk to execute a $206,993
Professional Services Agreement with MIG, Inc. to complete the six-year update to the
Parks, Recreation and Natural Areas Plan to renew grant eligibility?
RECOMMENDATION:
Staff recommends Council authorize the Mayor and City Clerk to execute the
Professional Services Agreement with MIG, Inc. to complete the attached scope of
services for an amount not to exceed $206,993.
BACKGROUND:
The City updates the Parks, Recreation and Natural Areas Plan approximately every six
years in order to keep abreast of the growing population and need for park facilities and
services based upon demographics, trends, and participation rates. This plan is the
guiding document for partnership opportunities, programming, development,
acquisition, and improvements. Previous plans were completed and adopted by Council
in 1978, 1984, 1993, 2003, and 2011. Adopted plans are submitted to the Washington
State Recreation and Conservation Office (RCO) for certification. Included in the plan is
a six-year prioritized development, improvement and acquisition implementation
component. Plan documents are certified for six years if all state requirements have
been met.
Once certified, agencies are eligible to apply for grants administered by the State RCO
for projects identified in the six-year implementation component; the City uses this plan
to qualify and apply for other grant funding as well. The implementation component
also contributes to City efforts, including the Parks, Trails and Community Facilities
AGENDA ITEM #1. a)
Don Persson, Council President
Members of the Renton City Council
Page 2 of 3
January 7, 2019
Initiative, the Citizen Advisory Committee process and the 6-year Capital Improvement
Program.
The most recent Parks, Recreation and Natural Areas Plan was adopted by Council in
November 2011 and was certified by the RCO through November 2017, at which time
certification expired. The Trails and Bicycle Master Plan, which is a companion plan to
the Parks, Recreation and Natural Areas Plan, was jointly completed between the
Transportation Systems and Parks Planning and Natural Resources Divisions and will be
considered for adoption by Council in January of 2019.
Since the adoption and certification of the 2011 Parks, Recreation and Natural Areas
Plan, the City has accomplished several identified projects and received approximately
$2.2 million in Federal, State and Local grants and $7.3 million in state legislative direct
appropriations. A sampling of the completed projects as identified in the 2011 Plan
includes:
Meadow Crest Playground (Developed in conjunction with the Renton School
District, (WRPA Cultural Competency-Inclusive Play Award 2015)
Sunset Park Phase One (Phase 2 currently in design)
Interlocal Agreement with Cedar River Water and Sewer District to provide water
service to Ron Regis Park
Cedar River Trail Turnback
Eastside Rail Corridor rail removal (King County lead)
May Creek Trail Property Donations: 2 parcels, 6.5 acres
May Creek Trail acquisitions: 5 parcels and 1 easement, 14.7 acres
May Creek Trail extension design (funded by WSDOT)
Sam Chastain Waterfront Trail: Southport Easement (4th of 4 easements)
Tiffany/Cascade Connector acquisition: 1 parcel
May Creek Trail construction (WRPA Trail and Outdoor Access Award 2015)
Lake to Sound Trail: Interlocal Agreement for King County to construct segment
along Black River Riparian Forest to the Green River Trail in Tukwila
The 2020 Plan will be jointly led by the Community Services Department - Parks Planning
and Natural Resources Division and the Community and Economic Development
Department – Long Range Planning Section and will take approximately one year to
complete once a contract has been executed. The attached Scope of Services was
successfully negotiated with input from several Community Services Divisions and the
Community and Economic Development Department. There will be multiple
opportunities for the City and the public to participate with a variety of methods being
utilized to solicit input, including an inclusive engagement strategy in partnership with
the Inclusion Task Force.
AGENDA ITEM #1. a)
Don Persson, Council President
Members of the Renton City Council
Page 3 of 3
January 7, 2019
Community involvement includes three open house meetings centrally located in the
City, a statistically valid random household survey, development of an interactive web
site for additional public participation, two Steering Committee meetings, seven
Stakeholder interviews with community businesses and organizations, four briefings of
the Parks Commission and City Council at key points in the process, and two Planning
Commission meetings. The Steering Committee represents the larger community and
the Inclusive Engagement Strategy is anticipated to reach at least six community groups
not typically engaged in City planning processes.
New key elements will include a 10-minute-walk access analysis, a natural areas
evaluation tool to guide the City’s efforts where there is the greatest opportunity for a
positive impact to the habitat and ecosystem values, and new and updated Concept
Plans which provide a vision for existing park properties that community members can
relate to and which have aided in successful grant applications. The scope includes an
option for an ADA Transition Plan to meet accessibility requirements.
Other essential elements will include an inventory and analysis of parks, recreation,
facilities, and natural areas; park system standards and classification analysis; trends
analysis; gap analysis; a six-year implementation plan with funding strategies; and policy
language.
Total consultant costs to complete the work identified in the Scope of Services are
$206,993. There is currently $223,737 available in the Capital Improvement Project
Parks, Recreation and Natural Areas Plan fund (316.332002.020.576.81.41.000).
CONCLUSION:
The updated Plan will be the blueprint for the City’s Parks, Recreation and Natural Areas
development, improvement, acquisition, partnerships, and grant funding opportunities.
Upon completion, the City will submit the Plan to the Washington State Recreation and
Conservation Office for certification, and once certified, will be eligible for grant
funding. Approval of the consultant agreement with MIG, Inc. moves the City forward in
completing this Plan Update.
Cc: Denis Law, Mayor
Robert Harrison, Chief Administrative Officer
Jan Hawn, Administrative Services Administrator
Jamie Thomas, Fiscal Services Director
Marc Gordon, Sr. Finance Analyst
Shane Moloney, City Attorney
Chip Vincent, Community and Economic Development Administrator
Angie Mathias, Long Range Planning Manager
AGENDA ITEM #1. a)
AGREEMENT FOR PARKS, RECREATION, AND NATURAL AREAS
PLAN UPDATE
THIS AGREEMENT, dated ______________________, is by and between the City of Renton (the
“City”), a Washington municipal corporation, and MIG, Inc. (“Consultant”), a Washington
Corporation. The City and the Consultant are referred to collectively in this Agreement as the
“Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed
by both parties.
1. Scope of Work: Consultant agrees to provide a PARKS, RECREATION, AND NATURAL AREAS
PLAN UPDATE as specified in Exhibit A: Scope for Parks, Recreation and Natural Areas Plan
Update, which is attached and incorporated herein and may hereinafter be referred to as the
“Work.”
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually
agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later
than February 28, 2020.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $206,993, plus any applicable state and local sales taxes.
Compensation shall be paid as a flat rate fixed sum based upon Work actually
performed according amounts specified in Exhibit A. The Consultant agrees that any
hourly or flat rate charged by it for its Work shall remain locked at the negotiated
rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as
specifically provided herein, the Consultant shall be solely responsible for payment of
any taxes imposed as a result of the performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
AGENDA ITEM #1. a)
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name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant’s performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement. The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
AGENDA ITEM #1. a)
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workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City’s or other’s
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
AGENDA ITEM #1. a)
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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.
AGENDA ITEM #1. a)
PAGE 5 OF 10
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/cms/One.aspx?portalId=7922741&pageId=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
AGENDA ITEM #1. a)
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limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON
Leslie Betlach
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-6619
lbetlach@rentonwa.gov
Fax: (425) 430-6603
CONSULTANT
Ryan Mottau, MIG Inc.
815 SW 2nd Avenue, Suite 200
Portland, OR 97204
Phone: 503.297.1005
ryanm@migcom.com
Fax: Click here to enter text.
AGENDA ITEM #1. a)
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17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
AGENDA ITEM #1. a)
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Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as
that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management. The City’s project manager is Erica Schmitz,
Capital Project Coordinator. In providing Work, Consultant shall coordinate with the
City’s contract manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
AGENDA ITEM #1. a)
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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.
AGENDA ITEM #1. a)
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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:_____________________________
CONSULTANT
By:____________________________
Denis Law
Mayor
Click here to enter text.
MIG, Inc.
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
_____________________________
Shane Moloney
Renton City Attorney
Contract Template Updated 08/22/2018
AGENDA ITEM #1. a)
parks, recreation,
and natural areas plan
CITY OF RENTON
UPDATE
DECEMBER 3, 2018
815 SW 2ND AVENUE, #200 | PORTLAND, OR 97204
(510) 297-1005 | WWW.MIGCOM.COM
EXHIBIT A AGENDA ITEM #1. a)
AGENDA ITEM #1. a)
CONTENTS
Scope of Work 1
Proposed Fee 10
Project Schedule 11
The MIG Team 13
AGENDA ITEM #1. a)
image her
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AGENDA ITEM #1. a)
01
City of Renton | Parks, Recreation, Open Space and Natural Resources Plan Update 1
Phase 1. State of the System
This phase of work will develop updated content for the
Existing Conditions chapter and portions of the Community
Involvement chapter. The first step will focus on updating
the project team and the community’s understanding of
what has changed since the 2011 plan was adopted. We will
then design and initiate a community engagement process
to include the entire community.
1.1 - PROJECT KICK-OFF MEETING
The MIG team will hold up to one half-day of meetings with
City staff. An initial meeting with the core project team
to confirm schedule and communication protocols will be
followed by a larger group discussion with relevant City
staff. An agenda will be distributed ahead of the meeting
with prompting questions about maximizing the usefulness
of the plan update and identifying themes to be explored.
A preliminary (but not exhaustive) list of themes includes:
routine maintenance, major maintenance, acquiring land for
future generations, building capacity, meeting present level
of service needs and demands, and maintaining canopy
cover.
1.2 - COMMUNITY PROFILE
The MIG team will review the current demographic,
socioeconomic, and cultural context of this plan identifying
changes since the 2011 plan. This summary will inform the
community engagement strategy as well as the Existing
Conditions chapter of the updated plan. This effort will rely
on data provided by the City and readily available public
information.
1.3 - UPDATED INVENTORY AND BASE MAPPING
Using City GIS data as provided, MIG will create an updated
base map and inventory for the updated plan.
Building upon work elements of
the existing award-winning Parks,
Recreation, and Natural Areas Plan,
we have designed a scope of work
to assist the City of Renton with an
update. Our scope includes the City’s
desired elements and incorporates
advancements in the public
engagement approach. The existing
plan has served the City well, and
structure, text, and methodologies will
be the starting point for this update.
Except where explicitly removed/
replaced in the update, all elements of
the existing 2011 plan will be brought
forward in this update.
This process relies on professional
facilitation of many meetings,
workshops and training. For events
facilitated by MIG, we will prepare an
agenda and any associated materials
for City staff to review and reproduce
for attendees. Following the meeting a
summary will be developed by MIG in
a format appropriate to the formality
of the meeting.
Scope of Work
AGENDA ITEM #1. a)
2 City of Renton | Parks, Recreation, and Natural Areas Plan Update
Scope of Work
1.4 - IMPLEMENTATION REPORT CARD
Drawing from the input of staff, the Community Profile,
updated inventory, and MIG team knowledge, MIG will
develop a concise report card of the progress made
toward the 2011 plan goals and recommended projects.
The Implementation Report Card will be a foundational
element to this plan update and will introduce themes
that will influence community engagement and analysis
throughout the update. This content will be delivered as
a presentation for inclusion in public and decision-maker
meetings and incorporated as a summary into the
Administrative Draft Plan.
1.5 - PARK COMMISSION AND CITY COUNCIL
PRESENTATIONS
MIG will develop a presentation for staff to deliver to
the Park Commission and City Council based on the
Community Profile and Implementation Report Card.
This presentation will introduce the plan update process
as well as the Implementation Report Card.
1.6 - INCLUSIVE COMMUNITY ENGAGEMENT
STRATEGY
The MIG Team will develop a strategy to enhance the
City’s reach to the entire community that draws on the
best practices locally and is informed by the details of
the Community Profile. This strategy will explain how
the MIG Team will engage the community, detailing the
training and inclusive activities as well as adaptations to
traditional meetings and online enhancements. MIG will
arrange for materials in multiple languages (budgeted
based on materials and meetings in Renton’s top
non-English language groups, Spanish and Vietnamese).
The implementation of this strategy spans all
engagement tasks with special attention to the training
and activity in Phase 2. The approach to this training
and activity will be refined from the preliminary concept
provided during scoping of this project. These tasks
(2.7, 2.8 and 4.3) will be specifically designed to explore
community needs and priorities with community
members who are culturally and linguistically isolated.
Outcomes of this strategy will include increased capacity
to connect with the diverse community, specific input to
enhance the cultural relevance of the updated plan and
the park system.
1.7 - INCLUSION TASK FORCE MEETING #1
The MIG Team will meet with the City’s Inclusion Task
Force to review initial findings from the Community
Profile and Implementation Report Card and present
effective strategies for a more inclusive process. MIG
will prepare a brief summary of recommendations and
task force members interested in participating in the
training and activity in Phase 2.
1.8 - COMMUNITY OPEN HOUSE MEETING #1
MIG will design and facilitate an initial input open house
with the community. This open house will have a focus
on the issues, ideas, and challenges, starting from the
identified issues in the 2011 plan and using the map of
Renton to connect existing and new ideas and issues to
specific places. Summary of this input will be combined
with the Online Interactive Mapping task that will serve
as the online extension of the workshop.
1.9 - ONLINE INTERACTIVE MAPPING
MIG will design an interactive online map exercise
to expand on the initial community input at Open
House Meeting #1. This map will facilitate input from
community members who could not attend the open
house. The interactive map will be available in three
AGENDA ITEM #1. a)
City of Renton | Parks, Recreation, and Natural Areas Plan Update 3
Scope of Work
languages, mobile-device friendly, and simple to use.
MIG has found this tool to be popular, expanding
participation greatly beyond those who can attend
meetings. The budgeted level of effort is based on
approximately 700 participants, 5,000 points placed on
the map and 2,000 open ended comments.
1.10 - PROJECT MANAGEMENT AND
ADMINISTRATION
MIG will coordinate the consulting team, plan resources,
and set and adjust the schedule and provide invoices.
The anticipated duration of this phase of work is four
months.
Deliverables
»Project Kick-off Meeting
»Community Profile Presentation and Updates to Plan
content
»Inventory and Base Map
»Implementation Report Card 2011 – 2018
»Park Commission Presentation #1
»City Council Presentation #1
»Inclusive Community Engagement Strategy
»Inclusion Task Force Meeting #1
»Community Open House Meeting #1
»Online Interactive Mapping and Open House Meeting #1
Summary
Phase 2. Evolving Vision and Needs
This phase of work will develop updated content to the
Future of the System and Community Needs chapters
and further content for the Community Involvement
chapter. We will verify and adjust the direction of
the park system to meet current and future needs,
analyze the system with the help of internal and
external experts, develop a compelling vision to capture
imaginations, and engage the community. Lastly, we
will supplement traditional methods with innovative,
inclusive approaches to community engagement.
2.1 - STAKEHOLDER MEETINGS (7)
Based on the list of stakeholders the City has identified,
MIG will complete seven stakeholder meetings and
summarize the input in one combined summary
document. The ideas and comments generated by these
interviews will be incorporated into the Community
Involvement chapter of the updated plan.
2.2 - STEERING COMMITTEE MEETING #1
MIG will facilitate a meeting of a project steering
committee to review input and discuss their ideas about
the evolving needs of the community. (The committee
will be formed by the City and invited to attend the first
Community Open House Meeting). MIG will provide
a summary of this meeting highlighting changes to
explore in the updated plan.
2.3 - INTERNAL STAFF WORKSHOP
MIG will design and facilitate a 2-hour workshop of
Renton’s professional parks, recreation and natural
areas staff to gather their insights into the needs of
both the community and public employees working
to serve them. The focus of this workshop will be the
identification of specific challenges to be addressed in
the staffing analysis.
2.4 - STAFFING ANALYSIS
Informed by the Internal Staff Workshop and
documentation of current staffing levels provided by
the City, MIG will analyze staffing challenges against
potential alternative models, policies and practices.
After identifying up to three key challenges, MIG
will provide examples of alternative approaches and
relevant metrics that indicate the workload of affected
Renton staff. A summary memo will highlight findings
that have the greatest potential to enhance the work
of the department and/or contribute to the parallel
Recreation Strategic Plan.
AGENDA ITEM #1. a)
4 City of Renton | Parks, Recreation, and Natural Areas Plan Update
Scope of Work
2.5 - ACCESS ANALYSIS UPDATE
MIG will review the walking distance analysis completed
for the 2011 plan, identifying improvements and
changes to access across the system by re-running the
½ mile (10-minute walk) and ¼ mile service areas for
parks, recreation facilities, natural areas, recreation
program sites, as well as the planned density overlay
used in the 2011 plan. MIG will also evaluate the
ParkServe model of access developed by the Trust for
Public Land for accuracy in Renton. MIG will summarize
the discrepancies between these models and provide an
update to the Trust for Public Land to incorporate into
their annual update of the ParkServe model. A more
accurate model hosted by TPL will simplify future park
access analysis by staff, residents, and decision-makers.
The results of the updated access analysis will include
revised maps and proposed revisions to the Community
Needs chapter for the updated plan.
2.6 - INTERNAL/EXTERNAL WORKSHOP
MIG will design and facilitate a 2-hour workshop
meeting of Renton staff, community recreation
providers, and other stakeholders (such as health
interests, employers, and community organizations). The
specific mix of participants will be determined following
initial input and designed to address identified issues
in the community. This workshop is initially envisioned
to focus on the role that partners can play in providing
recreation services and how best to support these
collaborative efforts.
2.7 – INCLUSIVE ENGAGEMENT TRAINING
Tasks 2.7 and 2.8 represent a targeted effort to enhance
Renton’s ability to meaningfully engage with community
members who are linguistically or culturally isolated
and have not participated in park planning activities
before. MIG will design and lead a 90-minute training
of Inclusion Task Force partners on how to conduct
targeted outreach, administer the toolkits and share the
resulting data.
2.8 – INCLUSIVE ENGAGEMENT ACTIVITY
DESIGN AND MONITORING
MIG will develop an outreach toolkit to be used by
trained Task Force members. Using the outreach
toolkits, Task Force members will conduct two
community conversations with individuals from
culturally and linguistically diverse constituencies, as
well as individuals who may not participate in traditional
planning processes. Task Force members will be
responsible for conducting outreach, facilitating and
recording input from the community conversations.
These sessions will last for approximately 60-minutes
and will include facilitated discussion with 8-10
participants. MIG will actively monitor the progress of
the Task Force partners and conduct 2 progress-check-in
sessions with each partner by phone.
2.9 - COMMUNITY OPEN HOUSE MEETING #2
AND ONLINE EXTENSION
The second open house will focus on visioning,
introducing park improvements and recreation
enhancements, and gauging interest and support in
existing event offerings in Renton. The open house
will utilize visual preference questions to simplify
communication of potential new ideas. The online
extension of this open house will replicate the activities
for community members who could not attend the
meeting.
AGENDA ITEM #1. a)
City of Renton | Parks, Recreation, and Natural Areas Plan Update 5
Scope of Work
2.10 - PROJECT MANAGEMENT AND
ADMINISTRATION
MIG will coordinate the consulting team, plan resources,
and set and adjust the schedule and provide invoices.
The anticipated duration of this phase of work is
three months.
Deliverables
»Stakeholder Meeting Summary
»Updated Access Analysis Maps, revisions to Community
Needs Chapter, and ParkServe updates memo
»Community Open House Meeting #2 and Online
Extension Summary
»Internal/External Workshop Summary
»Inclusive Engagement Toolkit
»Summary of Inclusive Engagement Activity Results
Phase 3. Recommendation and Policy
Development
This phase of work will develop updated content to the
Future of the System and Recommendations chapters
and further content for the Community Involvement
chapter. We will collaborate with staff to develop
system-wide, policy, and park recommendations. We will
then prioritize these with statistically valid input.
3.1 - SYSTEM-WIDE AND PLANNING AREA
RECOMMENDATIONS
MIG will update the content of the Recommendations
chapter of the plan to reflect any completed projects
and/or coordinated recommendations from related
planning efforts, according to information provided by
City staff. These recommendations will be presented as
proposed revisions to the existing recommendations
for review by City staff. Finalized changes will be
incorporated directly into the Administrative Draft Plan.
3.2 - GOALS AND POLICY RECOMMENDATIONS
MIG will develop proposed and revised policy
recommendations based on the input of the community
and staff. These recommendations will be presented
as proposed revisions to the existing framework of
vision, goals, and objectives for review by City staff.
Final changes will be incorporated directly into the
Administrative Draft Plan.
3.3 - PARK PROJECT RECOMMENDATIONS
MIG will update the project list (Appendix C in the
2011 plan) with new or revised actions (featuring any
recommendations from related planning efforts) for
each existing or proposed park based on the input of
the community and staff. These recommendations
will be presented in list form for review by City staff,
and revisions will be incorporated directly into the
Administrative Draft Plan.
3.4 - NATURAL AREAS EVALUATION AND TRIAGE
TOOLS
MIG will develop a supplementary set of tools to
identify the most important investments in Renton’s
natural areas based on Northwest-based best practices
and Renton’s specific challenges. MIG will provide a
memo including the proposed tools as well as messages
that emphasize the importance of specific actions and
next steps for protecting the community’s investment
in natural resources. These tools and messaging will be
incorporated into the updated plan, taking the place of
the Recreation Program Evaluation Tool in Appendix B
of the 2011 plan.
AGENDA ITEM #1. a)
6 City of Renton | Parks, Recreation, and Natural Areas Plan Update
Scope of Work
3.5 - COMMUNITY PRIORITY SURVEY
MIG team member EMC will design and execute a
statistically valid city-wide survey of Renton voters with
a target of 400 interviews of 10 minutes or less. The
survey will be conducted by telephone, including cell
phone-only households, and interviews will be possible
in at least the three most common languages spoken in
Renton. The content of this survey will be determined
in the recommendation development, reviewed by City
Staff, and used to test the priorities of the voting public.
3.6 - PARK COMMISSION AND CITY COUNCIL
PRESENTATIONS #2
MIG will develop a presentation for staff to deliver to
the Park Commission and City Council featuring the
results of the community engagement and analysis
process to date including the results of the Community
Priority Survey, Open House meetings #1 and #2,
inclusive engagement, staffing analysis, access analysis,
natural resource areas evaluation tool, and any
significant changes to goals and policy language.
3.7 - PROJECT MANAGEMENT AND
ADMINISTRATION
MIG will coordinate the consulting team, plan resources,
and set and adjust the schedule and provide invoices.
The anticipated duration of this phase of work is two
months.
Deliverables
»Proposed Revisions to System-wide and Planning Area,
Goals and Policies, and Park Project Recommendations
Summary
»Natural Areas Evaluation and Triage Tool Memo
»Survey Summary Presentation and Data Tables
»Park Commission Presentation #2
»City Council Presentation #2
Phase 4. Updated Plan
This phase of work will complete the updated plan,
assembling all existing and updated content. We will
assemble the ideas and recommendations for staff
and community review. We will then create an easy
to reference and clear guidebook for the future of the
parks, recreation and natural areas system. Lastly, we
will create easy ways for everyone to comment on the
plan.
4.1 - STEERING COMMITTEE MEETING #2
MIG will facilitate a second meeting specifically for the
project steering committee (who will be invited to all
open house meetings as well) to review the key changes
and overall directions of the revised plan ahead of the
full administrative draft, including a review of the survey
results, Community Open House Meeting #2 visioning
exercises, new decision tool and updated goals and
policies. MIG will prepare a summary of this meeting
highlighting how the committee’s comments guide the
drafting of the plan.
4.2 - COMMUNITY OPEN HOUSE MEETING #3
AND ONLINE EXTENSION
The third and final community open house will
present the survey results, a summary of the Visioning
Workshop (Open House #2), a high level discussion of
park types, and will include a prioritization exercise to
develop the project list and cost model. The public
will be provided an opportunity for input on the site
concept plans. An online extension of this open house
will serve as a comment form for the site concepts and
an opportunity to comment on prioritization.
AGENDA ITEM #1. a)
City of Renton | Parks, Recreation, and Natural Areas Plan Update 7
Scope of Work
4.3 - PHASE 4 INCLUSIVE ENGAGEMENT
ACTIVITY DESIGN AND MONITORING
The MIG Team will update the toolkit provided to
Inclusion Task Force partners (those trained in task 2.7)
to reach out again in a similar way to Phase 2, focused
on feedback on the site concept plans and prioritization
exercise. MIG will actively monitor the progress of the
Task Force partners and conduct 2 progress-check-in
sessions with each partner by phone.
4.4 - PROJECT LIST AND COST MODEL
MIG will update the assumptions in the project cost
model (part of Appendix C in the 2011 plan) to include
current costs, types of projects, and prioritization. This
model will be sortable based on park type, planning area,
and prioritization. MIG will deliver the cost model as a
spreadsheet model and PDF exports for inclusion as an
appendix to the plan.
4.5 - ADMINISTRATIVE DRAFT PLAN
Based on the updated recommendations from the prior
tasks and community input from tasks 4.2 and 4.3, MIG
will prepare an Administrative Draft Plan for internal
review by City staff. This draft will be provided in Word
format to facilitate edits and feedback. Revisions will be
incorporated into the Layout Draft Plan. City staff will
provide MIG with a single set of consolidated comments
on the Administrative Draft Plan.
4.6 - INCLUSION TASK FORCE MEETING #2
The MIG Team will attend a regular meeting of the
Inclusion Task Force to review the Inclusive Community
Engagement Strategy and initial results of engagement
activities. The MIG Team will also report on the
successes and ideas for future improvement in inclusive
engagement. Comments and additional ideas will
be summarized and incorporated into the ongoing
implementation.
4.7 - PARK COMMISSION AND CITY COUNCIL
PRESENTATION (#3)
MIG will develop a presentation for staff to review
Open House Meeting #3 results, the project list and
cost model and inclusive engagement and Task Force
Meeting #2 summary/outcomes. The presentation
will also serve as an orientation to the plan and major
recommendations.
4.8 - LAYOUT DRAFT PLAN
Based on the comments from staff, MIG will prepare a
graphically rich, fully laid out plan (in InDesign format).
This Layout Draft will be provided to City staff for
review of graphic content before release to the public.
4.9 - PUBLIC DRAFT PLAN
Using comments from City staff on the Layout Draft,
MIG will update and publish the Public Draft plan. This
draft will be used throughout the review process to
ensure that every comment is made from a consistent
version of the document. The document will be
delivered in PDF format sized for high-quality printing,
as well as online distribution. City Staff will provide
the public draft plan to Park Commission, Planning
Commission and City Council.
4.10 – PLANNING COMMISSION MEETINGS (2)
AND PUBLIC HEARING
City of Renton staff will brief the Planning Commission
and hold a formal public hearing of the Public Draft
Plan as part of the SEPA process. This task will make use
of presentation materials as already provided and no
additional support is anticipated.
4.11 – PARK COMMISSION PRESENTATION AND
RECOMMENDATION
City of Renton staff will make a final presentation to
the Parks Commission to secure a recommendation on
Plan adoption. This task will make use of presentation
materials already provided and no additional support is
anticipated.
AGENDA ITEM #1. a)
8 City of Renton | Parks, Recreation, and Natural Areas Plan Update
Scope of Work
4.12 - FINAL DRAFT PLAN
Incorporate the comments received from the public,
stakeholders and the Planning Commission through the
SEPA process and the public hearing MIG will revise the
Public Draft Plan, to create a Final DRAFT Plan document
for approval by City Council.
4.13 - CITY COUNCIL ADOPTION MEETING
MIG will update the plan presentation and attend a
City Council meeting to present the Final Daft Plan for
adoption.
4.14 – FINAL PLAN
MIG will make final changes to the Plan following the
City Council meeting. These changes are anticipated to
be minimal and not require republishing the document.
4.15 - PROJECT ADMINISTRATION AND
CLOSEOUT
MIG will coordinate the consulting team, plan resources,
and set and adjust the schedule and provide invoices. At
the end of the project, MIG will assemble an archive of
relevant project files to return to the City.
The anticipated duration of this phase of work is four
months.
Deliverables
»Steering Committee Meeting #2
»Community Open House Meeting #3 and Online
Extension Summary
»Phase 4 Inclusive Engagement Exercise Summary
»Project List and Cost Model
»Administrative Draft Plan
»Inclusion Task Force Meeting #2
»Layout Draft Plan
»Public Draft Plan (Completed by November 30, 2019 to
accommodate adoption schedule)
»Park Commission Presentation #3
»Two City Council Presentations, including one (1) City
Council Meeting (Adoption) attended by MIG staff
»Final Draft Plan (including new Introduction and
Executive Summary)
»Final Plan
»Project Files
Phase 5. Visualization and Graphics
We will enhance the process and the products with
attractive and easy-to-understand visuals. The set
of park concept plans will be expanded to bring
recommendations down to the ground level in Renton’s
parks. This phase of work will develop an updated look
and feel for the plan, with informative graphics making
it an even better reference for staff and the community.
Additional concept plans will also be added to the
appropriate chapter, supplementing and updating the
existing set.
5.1 - PROJECT IDENTITY DEVELOPMENT
MIG will design a project banner and color scheme to
identify the Parks, Recreation, and Natural Areas Plan
update process. This identity package will form the basis
of the project website design and be incorporated into
document design updates.
5.2 - INVITATION AND FLYER TEMPLATE
MIG will design a half-page/online and full-page
template for meeting invitations and informative flyers.
These templates will be used throughout the process to
assist in communications with the community.
5.3 - PARK CONCEPT PLANS (4)
MIG will update and expand on the set of park
concept plans in the 2011 plan, creating up to four
site concepts. In addition to carrying forward the
existing concept plans that are still relevant, this task
will revisit and update two existing (Tiffany/Cascade
Parks and May Creek Park) and two additional (Liberty
Park and Tri-Park) sites. Existing concept plans will be
based on existing graphics of these sites with updated
AGENDA ITEM #1. a)
City of Renton | Parks, Recreation, and Natural Areas Plan Update 9
Scope of Work
information and potential direction for improvements.
For the Tri-Park site, the City will provide a compiled
"design brief" for the Tri-Park site with the preferred
program elements, known context changes since the
last master plan (e.g. will I-405 be realigned), and a
set of available environmental constraints that may
impact site development, including, but not limited to,
access easements, steep slopes, wetlands, sub-surface
contaminants, riparian buffers and liquefaction zones.
MIG's conceptual design for the park does not include
geotechnical, traffic, structural, or environmental
subconsultants. The Concept Plans will be reviewed in
Community Open House #3, and MIG will provide one
update to each of the concept plans based on public
feedback.
5.4 - PLAN INFOGRAPHICS
MIG will develop a set of up to five, one-page
infographics to visually summarize, accent or clarify key
information in the plan.
5.5 - PROJECT MANAGEMENT AND
ADMINISTRATION
MIG will coordinate the consulting team, plan resources,
and set and adjust the schedule and provide invoices.
This task is budgeted to allow for the coordination of
graphic design resources at several points in the process.
Deliverables
»Project Identity (Banner, Letterhead)
»Public Event Invitation and Flyer Template
»Four park site concept plans
»Up to five one-page infographics
Phase 6. Ongoing Tasks
The following are critical resources to manage and
communicate progress throughout this 16-month
planning process. These include internal calls, facilitated
by video conferencing when not in-person, and work on
the public facing project website will continue across all
phases of work.
6.1 - CORE TEAM PROJECT CALLS
MIG project management and the City project team will
schedule a check-in call every other week at a standard
time for the duration of the project. The purpose of this
call will be to review progress, schedule, and upcoming
tasks to ensure that the project stays on track. This
call can also include additional MIG or City staff as
necessary. The budget for this is based on the assumed
13-month project duration.
6.2 - PROJECT WEBSITE AND CONTENT
UPDATES
MIG will design, implement, and maintain a website
to serve as the central home for the project. MIG
will provide updated content to refresh the project
website. This content will include in-process documents
(after approval by the City), next events on the project
calendar, and links to online engagement activities. If
no new project content is available, MIG will propose a
simple poll or “Did you know” feature that will keep the
website fresh. The budget for this task is based on two
updates per month for the 13-month project duration.
Deliverables
»Core team project calls
»Project website content updates
AGENDA ITEM #1. a)
10 City of Renton | Parks, Recreation, and Natural Areas Plan Update
Scope of Work
Phase 7. ADA Assessment and Transition
Plan
7.1 ADA ASSESSMENT AND TRANSITION PLAN
(OPTIONAL) MIG specialists will assess parks and
recreation facilities against the requirements of the
Americans with Disabilities Act and develop the required
transition plan. A specific scope and budget will be
developed separately, if this optional task is selected.
PHASE MIG
HOURS
MIG STAFF
FEES
SUBCONSULTANT
FEES
DIRECT
COSTS
TOTAL
PROFESSIONAL
FEES
Phase 1: State of the Park, Recreation, and Natural
Resources System 207 $29,575 $0 $3,000 $32,575
Phase 2: Evolving Vision and Needs 246 $34,850 $1,500 $1325 $37,675
Phase 3: Recommendation and Policy Development 98 $14,250 $30,400 $50 $44,700
Phase 4: Updated Plan 402 $53,510 $1,500 $1,000 $56,010
Phase 5: Visualizations and Graphics 134 $17,550 $0 $50 $17,600
Phase 6: Ongoing Tasks 90 $14,000 $0 $500 $14,500
Professional Time and Costs Subtotal 1,177 $163,735 $33,400 $5,925 $203,060
Administrative Mark-up (10% of Subs and Direct Costs)$3,933
Total Project Cost $206,993
Estimated Project Costs
Proposed Budget
A key part of the collaboration between Renton and MIG
is managing the resources available to complete this
project. The budget summary below reflects the total
amounts required for each phase as presented in our
scope of work. The details of the time allocated to each
staff member and strategic partner are available in the
budget spreadsheet provided with this proposal. MIG is
committed to working flexibly with the City to provide
quality products within the available resources; we will
work to refine our budget as necessary.
AGENDA ITEM #1. a)
City of Renton | Parks, Recreation, and Natural Areas Plan Update 11
Scope of Work
2019 2020
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
Phase 1: State of the Park, Recreation
and Natural Resources System
Phase 2: Evolving Vision and Needs
Phase 3: Recommendation and Policy
Development
Phase 4: Updated Plan
Phase 5: Visualization and Graphics
Phase 6: Ongoing Tasks
Project Schedule
The timeline for each phase of work sets the general
schedule for the project. A detailed project calendar
identifying important milestones and meeting dates will
be developed and updated by the core team and Renton
project management in the early stages of the project.
AGENDA ITEM #1. a)
12 City of Renton | Parks, Recreation, and Natural Areas Plan Update
Scope of Work
AGENDA ITEM #1. a)
City of Renton | Parks, Recreation, Open Space and Natural Resources Plan Update 13
ABOUT MIG, INC.
Since our founding in 1982, MIG, Inc. has built custom-
tailored and action-oriented parks, recreation, open space,
and natural resources plans that help communities realize
their vision and aspirations. We recognize the importance
of parks and recreation in creating a strong local economy
and a healthy community. With backgrounds in planning,
community involvement, recreation, park design, natural
resources planning, and funding, MIG’s multidisciplinary
team has developed park and recreation master plans for
more than 150 communities.
MIG Team members are creative and have strong technical
expertise and a thorough understanding of stakeholder
and community-driven planning. For each endeavor,
our approach is strategic; context driven; and holistic,
addressing social, political, economic, and physical factors
to ensure our clients achieve the results they need. We
approach each project from the standpoint of building
collaborative frameworks that include multidisciplinary
professionals working side-by-side with clients, users,
and communities to identify strategies that achieve
objectives and can be implemented. Our plans have
produced results.
EMC RESEARCH
EMC Research (EMC) is an opinion research and strategic
consulting firm serving a broad range of public and
private sector clients since 1989. Their clients span across
all industriesfrom large and small corporations and
nonprofitsto public sector clients, including states, cities,
counties, and park systems. EMC understands how to
create and execute high-quality opinion research, and how
to provide clients with strategic guidance using a thorough
understanding of public and stakeholder opinion. The firm's
staff has been involved in more than 10,000 opinion surveys
and over 1,000 focus groups with an estimated 5,000
clients, at all levels, ranging from political and public policy
strategy polls to extensive market share and customer
satisfaction surveys.
MIG has assembled a team of highly
experienced planners, designers, and
specialists to assist the City of Renton
in updating the Parks, Recreation, and
Natural Areas Master Plan Update.
Our team includes individuals who
have experience working in Renton
and with some of the most innovative
park and recreation agencies in the
country, including the top-ranked
Minneapolis Park and Recreation
Board, and national leader San José.
The MIG Team
02 AGENDA ITEM #1. a)
14 City of Renton | Parks, Recreation, and Natural Areas Plan Update
Scope of Work
CORE MANAGEMENT TEAM
Lauren Schmitt, AICP, Principal-in-Charge
Ryan Mottau, Project Manager
CONSULTING TECHNICAL EXPERTS
Cindy Mendoza | Jamillah Jordan
Brice Maryman | Dean Apostol
INCLUSIVE COMMUNITY
ENGAGEMENT
Jamillah Jordan, MIG
STAFF AND STAKEHOLDER
COLLABORATION
Lauren Schmitt, MIG
Ryan Mottau, MIG
CONCEPTUAL DESIGN AND
SITE RECOMMENDATIONS
Brice Maryman, MIG
Jordan Lewis, MIG
PUBLIC OPINION RESEARCH
Ryan Mottau, MIG
Ian Stewart, EMC
INTERACTIVE TECHNOLOGY
AND GRAPHIC DESIGN
Jose Rodriguez, MIG
Ed Canalin, MIG
VISION, GOALS
AND SYSTEMWIDE
RECOMMENDATIONS
Lauren Schmitt, MIG
Ryan Mottau, MIG
MAPPING AND INVENTORY
UPDATE
Jose Rodriguez, MIG
Ryan Mottau, MIG
FINAL UPDATED PLAN
CONTENT
Lauren Schmitt, MIG
Ryan Mottau, MIG
Core Management Team
MIG’s project management team will guide the effort,
and has been specifically crafted to include the depth
and breadth of park and recreation planning and design
experience needed for this project to be a success.
Principal-in-Charge Lauren Schmitt leads MIG’s
firmwide park and recreation planning practice and will
oversee the team and ensure that adequate resources
are provided to the project, as well as provide content
leadership in needs assessment and system analysis.
Project Manager Ryan Mottau is MIG’s most
experienced project manager and will serve as your
day-to-day contact. Ryan will provide team and resource
management, as well as content leadership in needs
assessment and system analysis.
Supporting Team Members and Technical
Experts
Lauren and Ryan will form the core team for this
project, working directly with the City’s project manager
throughout the plan update. They will be supported by
a group of professionals who each bring specific
technical expertise with relevance to Renton's park
system and issues.
AGENDA ITEM #1. a)
Full Name, AICP
TITLE
City of Renton | Parks, Recreation, and Natural Areas Plan Update 15
project i
m
a
g
e t
h
at represe
nts
st
aff
m
e
m
b
er
SELECTED PROJECT EXPERIENCE
»Parks, Recreation, and Natural
Areas Plan, Renton, WA
»Parks, Recreation and Open Space
Plan and Community Cultural Plan
Updates, Edmonds, WA
»Parks, Recreation and Open
Space Planning and Analysis,
Shoreline, WA
»Swan Creek Park Master Plan,
Tacoma, WA
»Parks, Trails, Open Space and
Recreation Plan, Palo Alto, CA
»Downtown Service Area Master
Plan, Minneapolis, MN
»Pittsburgh Comprehensive Open
Space, Park and Recreation Plan,
Pittsburgh, PA
»Strategic Business Plan
for Developed Parks,
Metro Service Area, OR
PRINCIPAL-IN-CHARGE
Lauren Schmitt, PLA, ASLA, AICP
AREAS OF EXPERTISE
»Park and Recreation Planning
»Strategic Planning
»Staffing and Organizational
Analysis
»Partnership Strategies
EDUCATION
»MLA, University of Washington
»BA, Architecture and
Urbanism, Smith College
REGISTRATIONS / CERTIFICATIONS
»Landscape Architect, OR #428
PRESENTATIONS
»The Art of Community
Engagement: Lessons from
the Frontlines, AIA National
Conference 2017
»Evolving the Urban Landscape:
Pittsburgh’s Public Spaces in
Planning and Design, ASLA
National Meeting 2016
»Data Driven: Applied Tools
for Recreation Planning and
Management, SORP and RMS
Conference 2016
»Advanced Placemaking, APA
National Conference, 2015
»Sustaining Parks with a Triple
Bottom Line: Ecology, Economy
and Equity, ASLA 2013
A regional and national leader in the field, Lauren Schmitt has been
transforming park and recreation facilities and systems for over 20 years.
She has always applied a “hands-on approach” — from laying bluestone
as a highschooler working for a design-build contractor to leading the
development of major metropolitan park master plans throughout the
U.S. Her curiosity and knack for problem-solving lend themselves naturally
to the analysis and assessment of projects, enabling her to ask the right
questions from the outset and put projects on a path to positive outcomes.
As an urban planner and landscape architect, Lauren has been involved in
both policy planning and placemaking for clients nationwide on projects
addressing neighborhood and downtown planning, park and recreation
services and facilities, natural and cultural resources, trails and open
space, and programming. She has used her expertise and experience to
help clients navigate unexpected circumstances and reap the benefits
of unforeseen opportunities. Specifically, Lauren brings a broad range of
community outreach, facilitation, project management, public speaking,
and team leadership skills to every project. Whether it’s a park system
with 3,390 acres in Pittsburgh, Pennsylvania or a 10-acre site in Gresham,
Oregon, Lauren’s practicality and resourcefulness enables her to leverage
resources without being constrained by them to create places and policies
that reflect the best a community has to offer.
AGENDA ITEM #1. a)
16 City of Renton | Parks, Recreation, and Natural Areas Plan Update
Scope of Work
SELECTED PROJECT EXPERIENCE
»Parks, Recreation, and Natural
Areas Plan, Renton, WA
»Parks, Recreation and Open
Space Plan and Community
Cultural Plan Updates,
Edmonds, WA
»Bend Park and Recreation District
Comprehensive Plan, Bend, OR
»Parks, Recreation and Trails
Plan; Recreation Master Plan,
Longmont, CO
»Parks, Trails, Open Space and
Recreation Plan, Palo Alto, CA
»Minneapolis Parks and Recreation
Board Downtown Service Area
Master Plan, Minneapolis, MN
»Pittsburgh Comprehensive Open
Space, Park and Recreation Plan,
Pittsburgh, PA
»Parks, Recreation and Open Space
Plan, Tukwila, WA
PROJECT MANAGER
Ryan Mottau
AREAS OF EXPERTISE
»Park and Recreation Planning
»Decision Making Tools
»Partnership Strategies
»Funding
»Technology
»Public Involvement and
Facilitation
»Community Outreach
EDUCATION
»Bachelor of Business
Administration, Urban
Geography joint major,
Simon Fraser University,
Burnaby, British Columbia
PRESENTATIONS
»Reinvigorating the Mature Park
and Recreation System, NRPA
2013, 2014
»Go Big or Go Home! Creating
Successful Destination Venues,
NRPA 2013, 2014
Ryan Mottau is a recreation and facilities planner with over 17 years
of experience working within and assisting public agencies. The focus
of his career has been public facilities planning, including parks, trails,
recreation and education facilities. Ryan has completed system plans for
cities, counties and school districts. An important feature of this work is
establishing a framework to guide community decision making within a
complex set of government and non-profit priorities. In his work on parks,
recreation and open space plans, Ryan has designed customized tools
to assist in understanding the implications of a project and prioritizing
community actions. This process ensures that communities develop
politically and financially feasible implementation plans.
Ryan leads MIG questionnaire and survey efforts. Building on 25 years
of expertise testing community priorities, evaluating park and recreation
services and collecting input on a wide variety of topics, he has developed
MIG’s approach to include a mix of tools—engaging existing social networks
in the community to increase turnout and strengthen results. His expertise
in relationship building, creativity in designing decision making tools and
attention to the big picture creates the flexibility needed to address the
unique challenges of each project.
AGENDA ITEM #1. a)
City of Renton | Parks, Recreation, and Natural Areas Plan Update 17
Scope of WorkScope of Work
Consulting Experts
CINDY MENDOZA, CPRP is a Senior Recreation
Planner who raises the bar on strategic and
comprehensive planning for parks, programs, recreation
facilities, natural areas, and trails. Over the last 20
years, she has guided over 50 agencies in planning and
designing park and recreation systems by emphasizing
public outreach, engagement, and collaboration. Cindy
brings leadership in recreation programming (youth
development and coaching) to inspire community
efforts to support healthy living, recreation for all, park
access, placemaking, and connections to nature. Her
integrated approach allows communities to address key
questions in recreation policy, park activation, outdoor
recreation, and sustainability in a proactive and practical
way. As a Certified Park and Recreation Professional
(CPRP), published author, conference speaker, and
SCORP trainer, Cindy’s strengths include her ability
to mobilize action by fusing community priorities
with technical data to advance a shared vision and
customized strategies to achieve community goals.
JAMILLAH JORDAN has over 10 years of experience
in community engagement and process design and has
worked with a wide range of public sector, community-
based, and nonprofit organizations in the areas of health
policy, social equity, and community development.
Recognized as an experienced facilitator and trainer,
Jamillah has led numerous stakeholder engagement
processes that have built consensus, community
capacity, and a vision for the future. She designs and
implements a diverse mix of community-driven planning
efforts, involving focus groups, interactive community
workshops, stakeholder interviews, site tours, intercept
events, and surveys.
Jamillah is skilled at working with groups representing
a diversity of interests and opinions — from diverse
stakeholder groups to community members from
diverse cultures and background. Fluent in Spanish,
Jamillah is adept at engaging diverse and limited-English
proficient communities.
BRICE MARYMAN, PLA, ASLA, LEED AP, CPSI
is a senior landscape architect focused on designing
great places and green infrastructure systems.
Whether working on children’s playgrounds or public
streetscapes, he is passionately concerned with the
vitality of urban ecosystems and the health of human
environments. He takes a hands-on approach to public
outreach and passionately believes that constructive
public communication contributes to a smooth design
and construction process. In addition to his work at
MIG, he was recently award the Landscape Architecture
Foundation’s Innovation and Leadership Fellowship
and has previously completed service on the Board
of Seattle Parks Commissioners and as the Technical
Advisory Committee Chair for Planning and Design
for the STAR Community Index. He co-founded the
University of Washington’s Urban Green Infrastructure
Certificate Program and co-directed the award-winning
Open Space Seattle 2100, which looked at the next
century of Seattle’s open space future.
DEAN APOSTOL has over 30 years of experience as
a landscape architect, natural resource planner and
landscape ecologist. A recognized leader in ecology
of the Pacific Northwest, Dean is an innovator in
integrated resource planning and ecological restoration.
With a focus onsustainability, he has worked on
natural disaster plans, natural resource management,
watershed analysis, open space planning, permaculture
design, landscape analysis and ecological restoration
projects throughout Oregon.
AGENDA ITEM #1. a)
18 City of Renton | Parks, Recreation, and Natural Areas Plan Update
Scope of Work Scope of Work
Supporting Roles
JOSE RODRIGUEZ is a planner and analyst for land
use, community planning, housing, parks and open
space, and environmental analyses at both the local
and regional levels. With 20+ years of GIS experience,
Mr. Rodriguez has a strong technical ability in GIS map
production and geospatial analysis. He focuses on
applying cartographic principles to all mapping projects
and deliverables, emphasizing sound data management
and superior mapping visualization to help solve complex
geospatial questions.
ED CANALIN has over 20 years of experience in the
graphic design field. He joined MIG as a senior graphic
designer in 1998 and has served as Art Director since
2000. As Art Director, Ed contributes to the creative
direction, sets the graphic style and tone for projects,
and supervises a staff of graphic designers to produce a
wide range of multimedia products.
Ed’s work includes branding and identity, social
marketing and behavior change campaigns,
environmental and wayfinding graphics, website
development, and advertising for print and outdoor,
internet, and television. He is involved in all phases of the
design process from concept design to delivery of the
final product, ensuring that timelines and budgets are
met without sacrificing quality. Ed developed the project
identity and contributed to the wayfinding element of
the Civic Core Vision and Action Plan.
JORDAN LEWIS is a Landscape Designer for MIG.
With a background in anthropology, architecture and
landscape architecture, Jordan is passionate about
interdisciplinary collaboration to solve complex design
challenges. Jordan believes in designing spaces that
increase human interaction with and connection to
diverse ecological systems in the urban environment,
and which express the layered cultural narratives that
give meaning to a place. He has been involved in a wide
range of public space activation projects in Seattle and
Denmark, and is attuned to the ingredients that make
for successful and engaging public spaces. At MIG,
Jordan values the opportunity to provide analytical
clarity through his graphic skills and a creative thought
process to create compelling urban environments.
Jordan was a key member of the Civic Core Vision and
Action Plan team and created many of the illustrative
graphics.
AGENDA ITEM #1. a)
City of Renton | Parks, Recreation, and Natural Areas Plan Update 19
Scope of Work
EMC Research
IAN STEWART is a Principal in EMC Research’s Seattle
office, progressing to his current position after holding
Senior Analyst and Vice President roles. In his 19 years
with EMC Research, Ian has provided full research
services to clients including questionnaire and sample
design, survey testing and fielding, analysis of research
results, focus group moderation, and strategic consulting
on where and how to use research. He is a RIVA-trained
expert focus group moderator, and has extensive
experience analyzing and interpreting research results.
Ian’s recent and past clients include the City of Renton,
the City of Redmond, the City of Bellevue, the City of
Mercer Island, the City of Seattle, the City of Woodinville,
the Port of Seattle, Forterra, Harborview Medical Center,
King County Metro, Community Transit, the Washington
State Auditor’s Office, and Sound Transit among many
others.
Ian grew up on Mercer Island, received his BA in Political
Science from Western Washington University, with
a minor in Environmental Studies. He continued his
education with Leadership Tomorrow, Seattle’s premier
leadership training program, and was selected by the
class as its graduation speaker in 2006.
AGENDA ITEM #1. a)
Subconsultants
Hours @ $205 Hours @ $145 Hours @ $155 Hours @ $145 Hours @ $150 Hours @ $145 Hours @ $140 Hours @ $185 Hours @ $95 Hours @ $85 Hours @ $75
1 State of the Park, Recreation and Natural Resources System
1.1 Project Kick-Off Meeting 4 $820 6 $870 $0 $0 $0 $0 $0 $0 $0 $0 $0 10 $1,690 $0 $150 $1,840
1.2 Community Profile 1 $205 2 $290 $0 $0 $0 $0 $0 $0 $0 8 $680 $0 11 $1,175 $0 $1,175
1.3 Updated Inventory and Base Mapping $0 2 $290 $0 $0 $0 $0 8 $1,120 $0 $0 $0 $0 10 $1,410 $0 $1,410
1.4 Implementation Report Card 6 $1,230 16 $2,320 $0 $0 $0 $0 $0 6 $1,110 $0 4 $340 $0 32 $5,000 $0 $5,000
1.5 Park Commission and City Council Presentations (#1)2 $410 6 $870 $0 $0 $0 $0 $0 $0 $0 $0 $0 8 $1,280 $0 $1,280
1.6 Inclusive Community Engagement Strategy $0 4 $580 $0 $0 8 $1,200 $0 $0 $0 $0 $0 $0 12 $1,780 $0 $1,780
1.7 Inclusion Task Force Meeting #1 $0 4 $580 $0 $0 8 $1,200 $0 $0 $0 $0 $0 $0 12 $1,780 $0 $300 $2,080
1.8 Community Open House Meeting #1 8 $1,640 16 $2,320 $0 $0 $0 $0 $0 $0 $0 12 $1,020 $0 36 $4,980 $0 $750 $5,730
1.9 Online Interactive Mapping 4 $820 12 $1,740 $0 $0 $0 $0 24 $3,360 6 $1,110 $0 8 $680 $0 54 $7,710 $0 $1,750 $9,460
1.10 Project Management and Administration $0 16 $2,320 $0 $0 $0 $0 $0 $0 $0 $0 6 $450 22 $2,770 $0 $50 $2,820
Subtotal 25 $5,125 84 $12,180 0 $0 0 $0 16 $2,400 0 $0 32 $4,480 12 $2,220 0 $0 32 $2,720 6 $450 207 $29,575 $0 $0 $0 $3,000 $32,575
2 Evolving Vision and Needs
2.1 Stakeholder Meetings (7) 8 $1,640 8 $1,160 $0 $0 $0 $0 $0 $0 $0 $0 $0 16 $2,800 $0 $100 $2,900
2.2 Steering Committee Meeting #1 4 $820 8 $1,160 $0 $0 $0 $0 $0 $0 $0 2 $170 $0 14 $2,150 $0 $75 $2,225
2.3 Internal Staff Workshop 8 $1,640 $0 $0 8 $1,160 $0 $0 $0 $0 $0 8 $680 $0 24 $3,480 $0 $150 $3,630
2.4 Staffing Analysis 12 $2,460 $0 $0 8 $1,160 $0 $0 $0 $0 $0 8 $680 $0 28 $4,300 $0 $4,300
2.5 Access Analysis Update 2 $410 12 $1,740 $0 $0 $0 $0 20 $2,800 $0 $0 $0 $0 34 $4,950 $0 $4,950
2.6 Internal/External Workshop 4 $820 16 $2,320 $0 $0 $0 $0 $0 $0 $0 8 $680 $0 28 $3,820 $0 $150 $3,970
2.7 Inclusive Engagement Training $0 $0 $0 $0 16 $2,400 $0 $0 $0 $0 $0 $0 16 $2,400 $0 $300 $2,700
2.8 Inclusive Engagement Activity Design and Monitoring $0 4 $580 $0 $0 12 $1,800 $0 $0 $0 $0 8 $680 $0 24 $3,060 $1,500 $1,500 $4,560
2.9 Community Open House Meeting #2 and Online Extension 4 $820 8 $1,160 8 $1,240 $0 $0 $0 8 $1,120 $0 $0 16 $1,360 $0 44 $5,700 $0 $500 $6,200
2.10 Project Management and Administration $0 12 $1,740 $0 $0 $0 $0 $0 $0 $0 $0 6 $450 18 $2,190 $0 $50 $2,240
Subtotal 42 $8,610 68 $9,860 8 $1,240 16 $2,320 28 $4,200 0 $0 28 $3,920 0 $0 0 $0 50 $4,250 6 $450 246 $34,850 $0 $1,500 $1,500 $1,325 $37,675
3 Recommendation and Policy Development
3.1 System-Wide and Planning Area Recommendations 2 $410 8 $1,160 $0 $0 $0 $0 $0 $0 $0 2 $170 $0 12 $1,740 $0 $1,740
3.2 Goals and Policy Recommendations 2 $410 4 $580 $0 $0 $0 $0 $0 $0 $0 2 $170 $0 8 $1,160 $0 $1,160
3.3 Park Project Recommendations 6 $1,230 12 $1,740 8 $1,240 $0 $0 $0 $0 $0 $0 2 $170 $0 28 $4,380 $0 $4,380
3.4 Natural Resource Evaluation and Triage Tools $0 4 $580 $0 $0 $0 12 $1,740 $0 $0 $0 4 $340 $0 20 $2,660 $0 $2,660
3.5 Community Priority Survey 2 $410 8 $1,160 $0 $0 $0 $0 $0 $0 $0 $0 $0 10 $1,570 $30,400 $30,400 $31,970
3.6 Park Commission and City Council Presentations (#2)2 $410 6 $870 $0 $0 $0 $0 $0 $0 $0 $0 $0 8 $1,280 $0 $1,280
3.7 Project Management and Administration $0 8 $1,160 $0 $0 $0 $0 $0 $0 $0 $0 4 $300 12 $1,460 $0 $50 $1,510
Subtotal 14 $2,870 50 $7,250 8 $1,240 0 $0 0 $0 12 $1,740 0 $0 0 $0 0 $0 10 $850 4 $300 98 $14,250 $30,400 $0 $30,400 $50 $44,700
Landscape
Designer
Direct
Costs
Professional
Fees
Totals
Sub
Totals
José Rodriguez Ed Canalin
Mapping and
Online Technology
Graphic Designer
Jordan Lewis
Partner
Stipends
e s t i m a t e d p r o j e c t c o s t
MIG, Inc.
Project Manager MIG
Totals
MIG
Project
Administration EMC
Principal
Cindy Mendoza
Recreation Planner
Ryan Mottau MIG
Project AssociateLandscape
Architect
Lauren Schmitt Brice Maryman Jamilah Jordan Dean Apostol
Equity and
Engagement
Specialist
Natural Resource
Specialist
RENTON PARKS, RECREATION AND NATURAL AREAS PLAN UPDATE l Page 1 AGENDA ITEM #1. a)
Subconsultants
Hours @ $205 Hours @ $145 Hours @ $155 Hours @ $145 Hours @ $150 Hours @ $145 Hours @ $140 Hours @ $185 Hours @ $95 Hours @ $85 Hours @ $75
Landscape
Designer
Direct
Costs
Professional
Fees
Totals
Sub
Totals
José Rodriguez Ed Canalin
Mapping and
Online Technology
Graphic Designer
Jordan Lewis
Partner
Stipends
e s t i m a t e d p r o j e c t c o s t
MIG, Inc.
Project Manager MIG
Totals
MIG
Project
Administration EMC
Principal
Cindy Mendoza
Recreation Planner
Ryan Mottau MIG
Project AssociateLandscape
Architect
Lauren Schmitt Brice Maryman Jamilah Jordan Dean Apostol
Equity and
Engagement
Specialist
Natural Resource
Specialist
4 Updated Plan
4.1 Steering Committee Meeting #2 $0 8 $1,160 $0 $0 $0 $0 $0 $0 $0 8 $680 $0 16 $1,840 $0 $75 $1,915
4.2 Community Open House Meeting #3 and Online Extension 2 $410 8 $1,160 8 $1,240 $0 $0 $0 8 $1,120 $0 $0 16 $1,360 $0 42 $5,290 $0 $500 $5,790
4.3 Phase 4 Inclusive Engagement Exercise and Monitoring $0 4 $580 $0 $0 12 $1,800 $0 $0 $0 $0 8 $680 $0 24 $3,060 $1,500 $1,500 $4,560
4.4 Project List and Cost Model 4 $820 8 $1,160 8 $1,240 $0 $0 $0 $0 $0 12 $1,140 $0 $0 32 $4,360 $0 $4,360
4.5 Administrative Draft Plan 16 $3,280 24 $3,480 4 $620 4 $580 4 $600 4 $580 $0 $0 $0 32 $2,720 $0 88 $11,860 $0 $11,860
4.6 Inclusion Task Force Meeting #2 $0 4 $580 $0 $0 8 $1,200 $0 $0 $0 $0 $0 $0 12 $1,780 $0 $300 $2,080
4.7 Park Commission and City Council Presentations (#3)4 $820 8 $1,160 $0 $0 $0 $0 $0 $0 $0 $0 $0 12 $1,980 $0 $1,980
4.8 Layout Draft Plan 12 $2,460 24 $3,480 $0 $0 $0 $0 $0 16 $2,960 $0 24 $2,040 $0 76 $10,940 $0 $10,940
4.9 Public Draft Plan $0 6 $870 $0 $0 $0 $0 $0 2 $370 $0 12 $1,020 $0 20 $2,260 $0 $2,260
4.10 Planning Commission Meetings (2) and Public Hearing Placesholder for Renton Staff Effort
4.11 Park Commission Presentation and Recommendation Placesholder for Renton Staff Effort
4.12 Final Draft Plan 4 $820 16 $2,320 $0 $0 $0 $0 $0 4 $740 $0 16 $1,360 $0 40 $5,240 $0 $5,240
4.13 City Council Adoption Meeting $0 8 $1,160 $0 $0 $0 $0 $0 $0 $0 4 $340 $0 12 $1,500 $0 $75 $1,575
4.14 Final Plan $0 2 $290 $0 $0 $0 $0 $0 $0 $0 4 $340 $0 6 $630 $0 $630
4.15 Project Administration and Closeout $0 16 $2,320 $0 $0 $0 $0 $0 $0 $0 $0 6 $450 22 $2,770 $0 $50 $2,820
Subtotal 42 $8,610 136 $19,720 20 $3,100 4 $580 24 $3,600 4 $580 8 $1,120 22 $4,070 12 $1,140 124 $10,540 6 $450 402 $53,510 $0 $1,500 $1,500 $1,000 $56,010
5 Visualization and Graphics
5.1 Project Identity Development 1 $205 4 $580 $0 $0 $0 $0 $0 8 $1,480 $0 $0 $0 13 $2,265 $0 $2,265
5.2 Invitation and Flyer Template $0 2 $290 $0 $0 $0 $0 $0 8 $1,480 $0 $0 $0 10 $1,770 $0 $1,770
5.3 Park Concept Plans (4)4 $820 $0 12 $1,860 $0 $0 $0 $0 $0 60 $5,700 $0 $0 76 $8,380 $0 $8,380
5.4 Plan Infographics 3 $615 6 $870 $0 $0 $0 $0 $0 12 $2,220 $0 10 $850 $0 31 $4,555 $0 $4,555
5.5 Project Management and Administration $0 4 $580 $0 $0 $0 $0 $0 $0 $0 $0 $0 4 $580 $0 $50 $630
Subtotal 8 $1,640 16 $2,320 12 $1,860 0 $0 0 $0 0 $0 0 $0 28 $5,180 60 $5,700 10 $850 0 $0 134 $17,550 $0 $0 $0 $50 $17,600
6 Ongoing Tasks
6.1 Core Team Project Calls 13 $2,665 26 $3,770 $0 $0 $0 $0 $0 $0 $0 $0 $0 39 $6,435 $0 $6,435
6.2 Project website and Content Updates 2 $410 13 $1,885 2 $310 2 $290 $0 2 $290 26 $3,640 4 $740 $0 $0 $0 51 $7,565 $0 $500 $8,065
Subtotal 15 $3,075 39 $5,655 2 $310 2 $290 0 $0 2 $290 26 $3,640 4 $740 0 $0 0 $0 0 $0 90 $14,000 $0 $0 $0 $500 $14,500
Professional Time and Costs Subtotal 146 $29,930 393 $56,985 50 $7,750 22 $3,190 68 $10,200 18 $2,610 94 $13,160 66 $12,210 72 $6,840 226 $19,210 22 $1,650 1177 $163,735 $30,400 $3,000 $33,400 $5,925 $203,060
10%Administrative Mark Up $3,340 $593 $3,933
Total Project Cost $206,993
7 ADA Assessment and Transition Plan (Optional)
7.1 ADA Assessment and Transition Plan for Parks, Recreation and
Natural Areas Price and Scope to Be Negotiated
RENTON PARKS, RECREATION AND NATURAL AREAS PLAN UPDATE l Page 2 AGENDA ITEM #1. a)
1
Renton Parks, Recreation and Natural Areas Plan Update
Inclusive Community Engagement Strategy
12/4/18
I. Introduction and Context
Grassroots civic engagement, co-led by trusted community partners, is an effective way to reach deep
into Renton’s linguistically and culturally diverse communities to engage residents about park and
recreation system priorities. The MIG Team recommends that the City of Renton partner with members
of the Inclusion Task Force to conduct targeted outreach within underserved and underrepresented
communities.
This inclusive engagement strategy builds on the local knowledge, connections and expertise of Task
Force partners to broaden the City’s outreach efforts. The selected Task Force members should ideally
have the following characteristics:
• Mission-driven commitment to parks, recreation and open space work;
• Adequate staffing (if affiliated with an organization) to incorporate the outreach efforts into
their existing work plans; and
• An interest or experience in conducting results-oriented outreach and civic engagement in
diverse communities.
Community input collected by Task Force members on park and recreation needs, priorities and
opportunities will be used to inform Phase 2 of the planning process. Based on the outcomes of the
inclusive outreach efforts, the City of Renton may implement similar engagement approaches during
later phases of the planning process.
II. Inclusive Engagement Methods
The MIG Team proposes that Task Force members focus their outreach efforts on 1) areas with well-
recognized park deficits and 2) populations that are underrepresented in traditional planning processes
and community conversations about parks and open space. Three (3) Task Force members will be
selected and trained on how to implement the engagement strategies and tools. The Task Force
partners will receive a stipend of $500 per phase of work to compensate for their efforts and
contributions to the outreach program. Two phases are planned; total compensation for each Task
Force member will be $1,000. The specific activities of the inclusive engagement strategy are outlined
below.
A. Outreach Toolkit
To ensure input is collected from diverse community members, MIG will develop an outreach toolkit to
be used by trained Task Force members. The toolkit will include elements such as a conversation leader
guide, project fact sheet, an interactive exercise, discussion questions, and a reporting form. The
activities and discussion will solicit input on park and recreation needs, as well as insights on system
improvements. The toolkit will be designed to conduct a community conversation within a 60 minute
timeframe, scalable to the size of the group.
Outreach toolkits are designed to expand the community engagement program by “meeting people
where they are” and providing local partners with the opportunity to solicit input from their
constituents. For example, a task force partner connected to the Vietnamese communities of Renton
AGENDA ITEM #1. a)
2
can administer the toolkit activities during an existing meeting in that community, and then share the
resulting data with the MIG team. MIG will collaborate with the City to determine the need for
translation of key toolkit elements.
B. Task Force Training
MIG will design and lead a 90-minute training of Task Force partners on how to conduct targeted
outreach, administer the toolkits and share the resulting data. The training will highlight techniques to
engage diverse stakeholders in constructive conversations and strategies to create “safe spaces” for civic
dialogue. During the training, MIG will articulate the key roles and responsibilities of the Task Force
partner, to minimize potential confusion and miscommunication. MIG will also provide ongoing support
and technical assistance by telephone to the Task Force members to address emerging issues and
opportunities.
C. Community Conversations
Using the outreach toolkits, Task Force members will conduct up to three community conversations with
individuals from culturally and linguistically diverse constituencies, as well as individuals who may not
participate in traditional planning processes. For example, participants may include youth, limited-
English proficient individuals, single mothers, seniors and residents of park-deficient neighborhoods.
Participants will share their thoughts and ideas on park and recreation needs, priorities and
opportunities to inform Phase 2 of the planning process. MIG recommends that each participant receive
a pool/class voucher for their time and contributions, our understanding is that this can be provided by
the City at no cost to the project.
D. Monitoring and Evaluation
Robust evaluation of outreach and engagement activities is essential to demonstrating impact and
ensuring input is collected from diverse community members. MIG will actively monitor the progress of
the Task Force partners and conduct 2 progress-check-in sessions by phone. Additionally, Task Force
partners will submit documentation to MIG to demonstrate their efforts as well as a brief summary
report that indicates how many people they engaged, the demographics of engaged participants, what
worked well, and the lessons learned. The monitoring and evaluation results will also be used to inform
future engagement strategies and best practices for the City of Renton.
E. Outcome Targets
Each Inclusion Task Force Partner will be responsible for:
• Two community conversation meetings of 8-10 people, or
• 16-20 participants in whatever configuration they feel works best (smaller meetings are an
option).
The total target for each phase of work the City includes in the scope:
• 48-60 participants from underserved and underrepresented communities.
• Insights into how the park system can be adapted to better serve the entirety of Renton’s
population.
AGENDA ITEM #1. a)
AB - 2286
City Council Regular Meeting - 07 Jan 2019
SUBJECT/TITLE: Agreement for Certified Arborist Inspector Services
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services Department
STAFF CONTACT: Terry Flatley, Urban Forestry and Natural Resources Manager
EXT.: 6601
FISCAL IMPACT SUMMARY:
$139,360 as budgeted in the 2019/20 Community Services Department, Parks Planning and Natural Resources
Division Operating Budget.
SUMMARY OF ACTION:
The Agreement for Certified Arborist Inspector Services with the Davey Resource Group, Inc. allows the Urban
Forestry and Natural Resources Manager to focus time on contracting tree maintenance and sidewalk repair,
tree planting, contract landscape maintenance and the backlog of work orders that have accumulated since
2011 due to the high demand for this service.
EXHIBITS:
A. Issue Paper
B. PSA-Davey Arborist Inspector 2019
STAFF RECOMMENDATION:
Recommend approval of the Agreement for Certified Arborist Inspector Services for 2019 in the amount of
$139,360 between the City of Renton and Davey Resource Group, Incorporated.
AGENDA ITEM #2. a)
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE:January 1, 2019
TO:Don Persson, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Kelly Beymer, Community Services Administrator
STAFF CONTACT:Leslie Betlach, Parks Planning and Natural Resources Director (x-6619)
Terry Flatley, Urban Forestry and Natural Resources Manager (x-6601)
SUBJECT:2019 Consulting Certified Arborist Inspector – Contract
Agreement
ISSUE:
Should the Council concur with the staff recommendation to enter into the 2019 Contract
Agreement with Davey Resource Group, Incorporated, to provide tree inspection and other
urban forestry services to the City of Renton?
RECOMMENDATION:
Staff recommends approval of the Professional Services Contract Agreement in the base
amount of $139,360 during 2019 between the City of Renton and Davey Resource Group, Inc.
of Kent, Ohio. The City has a 2019 budgeted amount of $139,360 in the 2019 Parks Planning
and Natural Resources Division’s, “Contracted Services” line item
(001.000000.020.576.81.41.003). During 2018, Davey Resource Group, Inc. provided excellent
service under the professional services agreement for citywide tree inspections.
BACKGROUND SUMMARY:
During 2018, the City contracted with the Davey Resource Group for a Consulting Certified
Arborist Inspector to perform tree inspections. The Consultant provided tree inspection
services for all City departments. Funding for this project was provided by a 50/50 contribution
from both the Community Services Department in partnership with the Community and
Economic Development Department (CED). However, during 2019 the Community Services
Department will fund 100% of the contract.
The Consulting Certified Arborist Inspector receives tree request inquiries from residents,
businesses, City departments and others. Duties include inspecting trees, preparing work
orders, responding to callers following inspection with recommendations, updating and
recording data on the tree inventory and Tree Request Forms, closing out work orders, filing
work orders, and inventorying newly planted trees in recently constructed subdivisions. Tree
AGENDA ITEM #2. a)
Don Persson, Council President
Members of Renton City Council
Subject: 2019 Consulting Certified Arborist Inspector – Contract Agreement
January 1, 2019
Page 2 of 2
inspections were performed for Code Compliance, Long and Short Range Planning, Tree
Retention Regulations, Critical Areas Regulations, Landmark Tree Regulations, and Public Works
tree requests. Other responsibilities included tracking Tree Request Forms, Tree Response
Forms, working with maintenance management software and providing customer service,
education and outreach.
During 2018, over 1,340 trees (1,000 in 2017) were inspected comprised of 490 Tree Request
Forms (340 work orders in 2017). Tree requests included more than 320 private tree
inspections for code compliance, critical area removal requests, and landmark tree status,
among other reasons. In addition, 250 newly planted trees in new developments were
inventoried along streets, in parks, natural areas and at City facility locations.
This agreement allows the Urban Forestry and Natural Resources Manager to focus time on
contracting for tree maintenance and sidewalk repairs, tree planting, contract landscape
maintenance, and the backlog of work orders that have accumulated since 2011 due to the high
demand for this service.
CONCLUSION:
Approval of this Agreement at a cost of $139,360 will continue the Consulting Certified Arborist
Inspector citywide and allow City staff to focus on other aspects of the Urban Forestry Program.
The agreement with Davey Resource Group is anticipated to begin immediately and conclude at
the end of December during 2019.
AGENDA ITEM #2. a)
AGREEMENT FOR CERTIFIED ARBORIST INSPECTOR SERVICES
THIS AGREEMENT, dated February 1, 2019, is by and between the City of Renton (the “City”), a
Washington municipal corporation, and Davey Resource Group, Incorporated (“Consultant”), an
Ohio Corporation licensed to do business in Washington. The City and the Consultant are
referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties,
this Agreement is effective as of the last date signed by both parties.
1. Scope of Work: Consultant agrees to provide Certified Arborist Inspection Services as
specified in Exhibit A, which is attached and incorporated herein and may hereinafter be
referred to as the “Work.”
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such
changes to the Work shall be ordered by the City in writing and the Compensation shall
be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise
mutually agreed by the Parties.
3.Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no
later than December 31, 2019.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $139,360, plus any applicable state and local sales
taxes. Compensation shall be paid based upon Work actually performed according to
the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly
or flat rate charged by it for its Work shall remain locked at the negotiated rate(s)
unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically
provided herein, the Consultant shall be solely responsible for payment of any taxes
imposed as a result of the performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a
form specified by the City, including a description of what Work has been
performed, the name of the personnel performing such Work, and any hourly labor
charge rate for such personnel. The Consultant shall also submit a final bill upon
AGENDA ITEM #2. a)
PAGE 2 OF 12
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
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing
AGENDA ITEM #2. a)
PAGE 3 OF 12
the Work in compliance with applicable City standards or guidelines (e.g. design criteria
and Standard Plans for Road, Bridge and Municipal Construction). Professional
engineers shall certify engineering plans, specifications, plats, and reports, as applicable,
pursuant to RCW 18.43.070. Consultant further represents and warrants that all final
work product created for and delivered to the City pursuant to this Agreement shall be
the original work of the Consultant and free from any intellectual property
encumbrance which would restrict the City from using the work product. Consultant
grants to the City a non-exclusive, perpetual right and license to use, reproduce,
distribute, adapt, modify, and display all final work product produced pursuant to this
Agreement. The City’s or other’s adaptation, modification or use of the final work
products other than for the purposes of this Agreement shall be without liability to the
Consultant. The provisions of this section shall survive the expiration or termination of
this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required
by applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records
Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent
search of all records in its possession or control relating to this Agreement and the
Work, including, but not limited to, e-mail, correspondence, notes, saved telephone
messages, recordings, photos, or drawings and provide them to the City for production.
In the event Consultant believes said records need to be protected from disclosure, it
may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify,
defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to
any claim or litigation related to a Public Records Act request for which Consultant has
responsive records and for which Consultant has withheld records or information
contained therein, or not provided them to the City in a timely manner. Consultant shall
produce for distribution any and all records responsive to the Public Records Act request
in a timely manner, unless those records are protected by court order. The provisions of
this section shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set
forth in this Agreement. The nature of the relationship between the Consultant and
AGENDA ITEM #2. a)
PAGE 4 OF 12
the City during the period of the Work shall be that of an independent contractor,
not employee. The Consultant, not the City, shall have the power to control and
direct the details, manner or means of Work. Specifically, but not by means of
limitation, the Consultant shall have no obligation to work any particular hours or
particular schedule, unless otherwise indicated in the Scope of Work or where
scheduling of attendance or performance is mutually arranged due to the nature of
the Work. Consultant shall retain the right to designate the means of performing the
Work covered by this agreement, and the Consultant shall be entitled to employ
other workers at such compensation and such other conditions as it may deem
proper, provided, however, that any contract so made by the Consultant is to be
paid by it alone, and that employing such workers, it is acting individually and not as
an agent for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to
Consultant or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,
the Consultant agrees to notify the City and complete any required form if the
Consultant retired under a State of Washington retirement system and agrees to
indemnify any losses the City may sustain through the Consultant’s failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the
negligent acts, errors or omissions of the Consultant in its performance of this
Agreement or a breach of this Agreement by Consultant, except for that portion of the
claims caused by the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to
RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence
relative to construction, alteration, improvement, etc., of structure or improvement
attached to real estate…) then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent
negligence of the Consultant and the City, its officers, officials, employees and
volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence.
AGENDA ITEM #2. a)
PAGE 5 OF 12
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/cms/One.aspx?portalId=7922741&pageId=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
AGENDA ITEM #2. a)
PAGE 6 OF 12
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
Terry Flatley, Manager
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-6600
Tflatley@rentonwa.gov
CONSULTANT
Ken Joehlin, Vice President
295 S. Water Street, Suite 300
Kent, Ohio 44240
Phone: 330-673-5658
Ken.Joehlin@davey.com
AGENDA ITEM #2. a)
PAGE 7 OF 12
Fax: (425) 430-6603 Fax: 330-673-0860
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race,
creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal,
state and local laws and regulations that may affect the satisfactory completion of
the project, which includes but is not limited to fair labor laws, worker's
compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply
with City of Renton Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
AGENDA ITEM #2. a)
PAGE 8 OF 12
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 Terry
Flatley. In providing Work, Consultant shall coordinate with the City’s contract
manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
AGENDA ITEM #2. a)
PAGE 9 OF 12
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one
party or the other as a result of the preparation, substitution, submission or other
event of negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce
or interpret this Agreement or any of its terms or covenants shall be brought in the
King County Superior Court for the State of Washington at the Maleng Regional
Justice Center in Kent, King County, Washington, or its replacement or successor.
Consultant hereby expressly consents to the personal and exclusive jurisdiction and
venue of such court even if Consultant is a foreign corporation not registered with
the State of Washington.
H. Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant’s performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either
party’s failure to enforce any provision of this Agreement shall not be a waiver and
shall not prevent either the City or Consultant from enforcing that provision or any
other provision of this Agreement in the future. Waiver of breach of any provision of
this Agreement shall not be deemed to be a waiver of any prior or subsequent
breach unless it is expressly waived in writing.
AGENDA ITEM #2. a)
PAGE 10 OF 12
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:_____________________________
CONSULTANT Davey Resource Group, A Division of
The Davey Tree Expert Company
By:____________________________
Mayor Denis Law
City of Renton
Ken Joehlin, Vice President
The Davey Resource Group, Inc.
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
_____________________________
Shane Moloney
Renton City Attorney
Contract Template Updated 08/22/2018 - clb (139)
AGENDA ITEM #2. a)
PAGE 11 OF 12
Exhibit A - Scope of Work
City of Renton Community Services Department
2019 Certified Arborist Inspector Services
Scope of Work:
Provide inspection services to a diverse citizen base including City staff from different departments,
the general public and outside governmental organizations, to include:
Receive communications from various sources about trees and respond back with information
to resolve issues and concerns.
Complete caller information forms, inspection forms and work order forms of various kinds,
including electronically.
Inspect trees on both public and private property under various terrain and weather conditions.
Inspections include completing the tree inventory forms by adding new trees and modifying
information on existing trees previously inventoried.
Inventory new trees or potential planting sites and existing trees not previously inventoried.
Locate newer subdivisions containing new street trees using a combination of City records and
meeting with City Planning staff to locate areas.
Add and/or modify tree inventory information using existing City computerized systems.
Inventory trees using designated computer programs when required.
Ascertain the locations of trees within the public right-of-way and trees on private property.
This includes accurate measurement of right-of-way location in relation to the tree(s).
Inspect trees using the methods found in the International Society of Arboriculture Best
Management Practices Tree Risk Assessment publication.
Accurately categorize trees by public or private, species, diameter, condition rating, location
rating, problem codes, treatment codes and work prioritization from emergency through
routine activity.
Schedule meetings with customers when requested.
Respond to customers following inspections through work scheduling dates. This includes face
to face conversations, written correspondence and email communications. Document all
communications on appropriate forms.
Gather data and information to compile easily understood reports. Prepare a final summary
report of progress during the final three weeks of this project. Provide monthly progress
reports including days and hours worked, number of work orders inspected, and number of
trees inspected, as well as other pertinent information requested by the City.
Provide a company-owned pickup truck and safety cones at all times.
Work with City-provided computers and computer programs, ipad, and ipad apps to enter data
into electronic or paper formats.
Perform minor tree work from the ground using various hand and power tools common to tree
work.
AGENDA ITEM #2. a)
PAGE 12 OF 12
Supply at all times, tools such as hand pruners, pole loppers, pole saw, hand saw, machete, and
personal protective equipment
Prepare lists of locations for high priority or other work.
Disclaimer of Assessment of Future Conditions. The information to be provided by Consultant is
an assessment that shall be considered accurate only at the time of observation. Trees are
living organisms that grow, respond to their environment, mature, decline, and fail over time.
Consultant makes no representation concerning the effect over time of site distributions,
environmental or internal conditions of the trees.
Contractor will provide certified arborist inspection services for the City during normal business hours,
except for City designated holidays.
Costs:
Per Paragraph 4.A.Total compensation to Consultant for Work provided pursuant to this Agreement
shall not exceed $139,360, plus any applicable state and local sales taxes.
RATES: $67 Per hour, Per Service, Per Arborist
AGENDA ITEM #2. a)
AB - 2284
City Council Regular Meeting - 07 Jan 2019
SUBJECT/TITLE: Request to Increase Recreation Specialist from 0.50 FTE to 0.75 FTE
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services Department
STAFF CONTACT: Carrie Nass, Recreation & Neighborhood Divison Manager
EXT.: 6624
FISCAL IMPACT SUMMARY:
The Recreation and Neighborhood Division is requesting the addition of 0.25 FTE Recreation Specialist (Pay
Grade a11) to an existing 0.50 FTE position. This increase of 0.25 FTE results in a fiscal impact of $20,977 in
2019 and $23,545 in 2020. Our division has had consistent savings in Intermittent Salaries over the past three
years (2015: $74,393.98; 2016: $94,212.93; 2017: $61,171.27) which will cover this increase in FTE, making it
budget neutral.
SUMMARY OF ACTION:
Our Recreation Specialist who oversees youth athletics, Gena Woodke, is currently at 0.50 FTE. This position entails
additional hours to plan and coordinate all youth-related athletics (baseball, basketball, cross country, flag football,
track, volleyball). With additional hours, this position will be able to fully run these programs and add new sport camps
during school breaks, a need often heard from community members. The addition of a .25 to this position will allow our
division to serve more youth through our Athletics program.
EXHIBITS:
A. Issue Paper
STAFF RECOMMENDATION:
Authorize the Community Services Department, Recreation and Neighborhood Division to increase the current
0.50 FTE Recreation Specialist focused on youth athletics, to 0.75 FTE. The budget adjustment for funding this
position will be incorporated into the next quarterly budget adjustment ordinance.
AGENDA ITEM #3. a)
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE:December 10, 2018
TO:Don Persson, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Kelly Beymer, Community Services Administrator
STAFF CONTACT:Carrie Nass, Recreation and Neighborhood Division Manager
SUBJECT:Request to Increase 0.5 FTE Youth Recreation Specialist to
0.75 FTE
ISSUE:
Should authorization be granted to the Community Services Department, Recreation
and Neighborhood Division to increase the current 0.50 FTE Recreation Specialist
focused on youth athletics, to 0.75 FTE?
RECOMMENDATION:
Authorize the Community Services Department, Recreation and Neighborhood Division
to increase the current 0.50 FTE Recreation Specialist focused on youth athletics, to 0.75
FTE. The budget adjustment for funding this position will be incorporated into the next
quarterly budget adjustment ordinance.
BACKGROUND SUMMARY:
Our Recreation Specialist who oversees youth athletics, Gena Woodke, is currently at
0.50 FTE. This position warrants additional hours to fully plan, market, coordinate and
execute youth-related athletics (baseball, basketball, cross country, flag football, track,
volleyball). With additional hours, this position will be able to fully run these programs
and add new sport camps during school breaks and additional offerings for middle and
high school youth, a need often communicated from our community members. The
current population of youth ages 5 -18 in the City of Renton is 16,879. We currently
serve approximately 1,500 youth annually through the athletic programs this Recreation
Specialist oversees. We would have the capacity to serve more youth if additional hours
were to be allocated to this position. The coordinator who used to oversee youth
athletics was at 1.0 FTE. With our division re-org in 2017, this position was unfortunately
reduced to 0.50 FTE, but demands a minimum of 0.75 FTE. This increase of 0.25 FTE
AGENDA ITEM #3. a)
Don Persson, Council President
2 of 2
December 10, 2018
results in a fiscal impact of $20,977 in 2019 and $23,545 in 2020. Our division has had
consistent savings in Intermittent Salaries over the past three years (2015: $74,393.98;
2016: $94,212.93; 2017: $61,171.27) which will cover this increase in FTE, making it
budget neutral.
Below is a summary of the expenditure increase to move this Recreation Specialist
position from 0.50 FTE to 0.75 FTE:
2019 2020
Projected Cost at .5 $43,546.22 $47,017.55
Projected Cost at .75 $64,523.44 $70,563.09
Increase in Cost $20,977.22 $23,545.54
Intermittent Salary Savings 2015 – 2017 Actual, 2018 YTD
2015 – $74,393.98
2016 – $94,212.93
2017 – $61,171.27
cc: Jan Hawn, Administrative Services Administrator
Maryjane Van Cleave, Recreation and Neighborhood Division Director
Ellen Bradley-Mak, Human Resources/Risk Management Administrator
Shirley Anderson, Recreation Supervisor
Marc Gordon, Finance Analyst
AGENDA ITEM #3. a)
AB - 2290
City Council Regular Meeting - 07 Jan 2019
SUBJECT/TITLE: King County Youth and Amateur Sports Grants for Family First
Community Center
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services Department
STAFF CONTACT: Roberta Graver, Administrative Assistant
EXT.: 6604
FISCAL IMPACT SUMMARY:
One grant of $55,000 and one grant of $20,000 to support existing construction and installation budget for
Family First Community Center.
SUMMARY OF ACTION:
The City applied for, and was subsequently granted two “Youth and Amateur Sports – Get Active / Stay Active Project”
Grants from King County Natural Resources and Parks. These grants will be used to assist in providing increased athletic
opportunities through the construction of a multi-use recreation facility, the Family First Community Center. These
grants will be used for construction and outfitting the facility with materials and equipment to provide youth sports and
fitness programs.
The King County Grant Agreement (Project #1134841/Contract #6032102) for $55,000 shall commence
January 1, 2018 and sunsets on December 31, 2019, unless extended or earlier terminated, pursuant to the
terms and conditions of the agreements. The King County Grant Agreement (Project #1134134/Contract
#6024530) for $20,000 shall commence January 1, 2017 and sunsets on December 31, 2020, unless extended
or earlier terminated, pursuant to the terms and conditions of the agreements.
EXHIBITS:
A. 2018 YASG AGREEMENT SIGNED 55K
B. 2017 YASG AGREEMENT SIGNED 20K.
STAFF RECOMMENDATION:
Approve Agreements (Project #1134134/Contract 6024530 and Project #1134841/Contract 6032102) with King County
Natural Resources and Parks.
AGENDA ITEM #4. a)
KingCountyYouthandAmateurSportsGrantAgreementGetActive/StayActiveProjectDepartment/Division:NaturalResourcesandParks/ParksandRecreationDivisionAgency:CityofRentonProject:familyFirstCommunityCtr-2Amount:$20,000.00Project:1134134Contract:6024530TermPeriod:January1,2017ToDecember31,2020THISCONTRACTisenteredintobyKINGCOUNTY(the“County”),andCityofRenton(the“Agency”),whoseaddressis:10555.GradyWayRenton,WA98057WHEREAS,theAgencyiseitherapublicagencyoranon-profitorganizationthatprovidesyouthoramateursportsopportunitiesorareactsasafiscalsponsorforsuchproject;WHEREAS,KingCountyhasselectedtheidentifiedAgencytoreceiveaYouthandAmateurSportsFund(“YASF”)GrantawardtoassistinprojectsthatprovideincreasedathleticopportunitiesforthecitizensofKingCounty,Washington;WHEREAS,theAgencyshallutilizetheawardtoaddressanathleticneedinKingCounty;andWHEREAS,KingCountyisauthorizedtoadministertheYASFgrantprojectandenterintoagreementsfortheuseofKingCountyfundsbypublicagenciesornot-for-profitorganizationstoprovideaservicetothepublicunderKingCountyOrdinance18409;NOWTHEREFORE,inconsiderationofpayments,covenants,andagreementshereinaftermentioned,tobemadeandperformedbythepartieshereto,thepartiescovenantanddomutuallyagreeasfollows:TheAgencyshallprovideservicesandcomplywiththerequirementssetforthhereinafterandinthefollowingattachedexhibits,whichareincorporatedhereinbyreference:ScopeofServicesAttachedheretoasExhibitIBudgetAttachedheretoasExhibitII2.TERMOfCONTRACTThisAgreementshallcommenceonJanuary1,2017,andshallexpireontheDecember31,2020,unlessextendedorearlierterminated,pursuanttothetermsandconditionsofthisAgreement.AGENDA ITEM #4. a)
3.PREMISESThisgrantprojectislocatedat:16022-116thAve.SE,Renton,WA.980584.PARTIESAllcommunication,notices,coordination,andothertenetsofthisAgreementshallbemanagedby:OnbehalfofCounty:ButchLovelace,YSFGProjectManagerKingCountyParksandRecreationDivision201SouthJacksonStreet,Suite700Seattle,WA98104-3855Email:hutch.lo\elacciLmccount.sO\Phone:206.477.4577OnbehalfofAgency:KellyBeymerAdministratorofCommunityServicesCityofRenton10555.GradyWayRenton,WA98057Email:kbeymer@rentonwa.govPhone:425-430-6617425-430-66175.COMPENSATIONANDMETHODOFPAYMENTA.TheCountyshallreimbursetheAgencyforsatisfactorycompletionoftheservicesandrequirementsspecifiedinthisAgreementaftertheAgencysubmitsaninvoiceandallaccompanyingreportsasspecifiedintheattachedexhibits.TheCountywiltinitiateauthorizationforpaymentafterapprovalofcorrectedinvoicesandreports.TheCountyshaltmakepaymenttotheAgencynotmorethanthirty(30)daysafteracompleteandaccurateinvoiceisreceived.3.TheAgencyshallsubmititsfinalinvoiceandalloutstandingreportswithinfifteen(15)daysofthedatethisAgreementexpiresoristerminated.IftheAgency’sfinalinvoiceandreportsarenotsubmittedbythedayspecifiedinthissubsection,theCountywillberelievedofallliabilityforpaymenttotheAgencyoftheamountssetforthinsaidinvoiceoranysubsequentinvoice.AGENDA ITEM #4. a)
6.OPERATINGBUDGETWhenabudgetisattachedheretoasExhibitII,theAgencyshallapplythefundsreceivedfromtheCountyunderthisAgreementinaccordancewithsaidbudget.If,atanytimeduringtheTermofthisAgreement,theAgencyexpectsthatthecumulativeamountoftransfersamongthebudgetcategories,i.e.ProjectTasks,mayexceedtenpercent(10%)oftheAgreementamount,thentheAgencyshallnotifyCountytorequestapproval.Supportingdocumentsnecessarytoexplainfullythenatureandpurposeofthechange(s)andanamendedbudgetmustaccompanyeachrequestforsuchapproval.Countyapprovalofanysuchamendmentshallnotbeunreasonablywithheld.7.COMMUNICATIONTheAgencyshallrecognizeCountyasafiscalsponsorforthegrantprojectinthefollowingmanner:A.Events:TheAgencyshallinviteandrecognize“KingCountyParks”atalleventspromotingtheproject,andatthefinalprojectdedication.B.CommunityRelations:TheAgencyshallrecognize“KingCountyParks”asafiscalsponsorinallsocialmedia,websites,brochures.banners,posters,pressreleases,andotherpromotionalmaterialrelatedtotheProject.8.PRIORITYOfUSE:PUBLICACCESS;SCHEDULINGThesefundsareprovidedforthepurposeofdevelopingand/orprojectsportsactivitiesfor,butnotexclusivelyserving,personsunder21yearsofage,andlowandmoderateincomecommunitieswithinKingCounty.FeesfortheprojectshallbenogreaterthanthosegenerallychargedbypublicoperatorsorprojectprovidersinKingCounty.9.INTERNALCONTROLANDACCOUNTINGSYSTEMTheAgencyshallestablishandmaintainasystemofaccountingandinternalcontrolswhichcomplieswithapplicable,generallyacceptedaccountingprinciples,andgovernmentalaccountingandfinancialreportingstandardsinaccordancewithRevisedCodeofWashington(RCW)Chapter40.14.10.MAINTENANCEOfRECORDSA.TheAgencyshallmaintainaccountsandrecords,includingpersonnel,property,financial,andprojectrecordsandothersuchrecordsasmaybedeemednecessarybytheCountytoensureproperaccountingforallAgreementfundsandcompliancewiththisAgreement.B.Theserecordsshallbemaintainedforaperiodofsix(6)yearsaftertheexpirationorearlierterminationofthisAgreementunlesspermissiontodestroythemisgrantedbytheOfficeoftheArchivistinaccordancewithRCWChapter40.14.C.TheAgencyshallinformtheCountyinwritingofthelocation,ifdifferentfromtheAgencyaddresslistedonpageoneofthisAgreement.oftheaforesaidbooks,records,documents,andotherevidenceandshallnotifytheCountyinwritingofanychangesinlocationwithinten(10)workingdaysofanysuchrelocation.AGENDA ITEM #4. a)
11.RIGHTTOINSPECTKingCountyreservestherighttoreviewandapprovetheperformanceofAgencywithregardtothisAgreement,and,atitssolediscretion,toinspectoraudittheAgency’srecordsregardingthisAgreementandtheProjectuponreasonablenoticeduringnormalbusinessbout-s.12.COMPLIANCEWITHALLLAWSANDREGULATIONSTheAgency,incooperationandagreementwiththeownersofthePremises,shallcomplywithallapplicablelaws,ordinancesandregulationsinusingfundsprovidedbytheCounty,including,withoutlimitation,thoserelatingtoprovidingasafeworkingenvironmenttoemployeesand,specifically,therequirementsoftheWashingtonIndustrialSafetyandHealthAct(WISHA);and,totheextentapplicable,thoserelatedto“publicworks,”paymentofprevailingwages,andcompetitivebiddingofcontracts.TheAgencyspecificallyagreestocomplyandpayallcostsassociatedwithachievingsuchcompliancewithoutnoticefromKingCounty;andfurtheragreesthatKingCounty,doesnotwaivethisSectionbygivingnoticeofdemandforcomplianceinanyinstance.TheAgencyshallindemnifyanddefendtheCountyshoulditbesuedormadethesubjectofanadministrativeinvestigationorhearingforaviolationofsuchlawsrelatedtothisAgreement.13.CORRECTIVEACTIONA.IftheCountydeterminesthatabreachofcontracthasoccurredordoesnotapproveoftheAgency’sperformance,itwillgivetheAgencywrittennotificationofunacceptableperformance.TheAgencywillthentakecorrectiveactionwithinareasonableperiodoftime,asmaybedefinedbyKingCountyinitssolediscretioninitswrittennotificationtotheAgency.B.TheCountymaywithholdanypaymentowedtheAgencyuntiltheCountyissatisfiedthatcorrectiveactionhasbeentakenorcompleted.14.TERMINATIONA.TheCountymayterminatethisAgreementinwholeorinpart,withorwithoutcause,atanytimeduringtheTermofthisAgreement,byprovidingtheAgencyten(10)daysadvancewrittennoticeofthetermination.B.IftheterminationresultsfromactsoromissionsoftheAgency,includingbutnotlimitedtomisappropriation,nonperformanceofrequiredservices,orfiscalmismanagement,theAgencyshallreturntotheCountyimmediatelyanyfunds,misappropriatedorunexpended,whichhavebeenpaidtotheAgencybytheCounty.C.AnyKingCountyobligationsunderthisAgreementbeyondthecurrentappropriationyearareconditionedupontheCountyCouncil’sappropriationofsufficientfundstosupportsuchobligations.IftheCouncildoesnotapprovesuchappropriation,thenthisAgreementwillterminateautomaticallyatthecloseofthecurrentappropriationyear.15.FUTURESUPPORT;UTILITIESANDSERVICETheCountymakesnocommitmenttosupporttheservicescontractedforhereinandassumesnoobligationforfuturesupportoftheactivitycontractedforhereinexceptasexpresslysetforthinthisAgreement.TheAgencyunderstands,acknowledges,andagreesthattheCountyshallAGENDA ITEM #4. a)
notbeliabletopayforortoprovideanyutilitiesorservicesinconnectionwiththeProjectcontemplatedherein.16.HOLDHARMLESSANDINDEMNIFICATIONTheAgencyagreesforitself,itssuccessors,andassigns,todefend,indemnify,andholdharmlessKingCounty,itsappointedandelectedofficials,andemployeesfromandagainstliabilityforaltclaims,demands,suits,andjudgments,includingcostsofdefensethereof,forinjurytopersons,death,orpropertydamagewhichiscausedby,arisesoutof,orisincidentaltoanyuseoforoccurrenceontheProjectthatisthesubjectofthisAgreement,ortheAgency’sexerciseofrightsandprivilegesgrantedbythisAgreement,excepttotheextentoftheCounty’ssolenegligence.TheAgency’sobligationsunderthisSectionshallinclude:A.ThedutytopromptlyaccepttenderofdefenseandprovidedefensetotheCountyattheAgency’sownexpense;B.IndemnificationofclaimsmadebytheAgency’semployeesoragents;andC.WaiveroftheAgency’simmunityundertheindustrialinsuranceprovisionsofTitle51RCW,butonlytotheextentnecessarytoindemnifyKingCounty,whichwaiverhasbeenmutuallynegotiatedbytheparties.IntheeventitisnecessaryfortheCountytoincurattorney’sfees,legalexpensesorothercoststoenforcetheprovisionsofthisSection,allsuchfees,expensesandcostsshallberecoverablefromtheAgency.IntheeventitisdeterminedthatRCW4.24.115appliestothisAgreement,theAgencyagreestoprotect,defend,indemnifyandsavetheCotinty,itsofficers,officials,employeesandagentsfromanyandallclaims,demands,suits,penalties,lossesdamagesjudgments,orcostsofanykindwhatsoeverforbodilyinjurytopersonsordamagetoproperty(hereinafter“claims”),arisingoutoforinanywayresultingfromtheAgency’sofficers,employees,agentsand/orsubcontractorsofalltiers,actsoromissions,performanceoffailuretoperformtherightsandprivilegesgrantedunderthisAgreement,tothemaximumextentpermittedbylaworasdefinedbyRCW4.24.115,asnowenactedorhereafteramended.AholdharmlessprovisiontoprotectKingCountysimilartothisprovisionshaltbeincludedinallAgreementsorsubcontractorAgreementsenteredintobyAgencyinconjunctionwiththisAgreement.TheAgency’sdutiesunderthisSectionwillsurvivetheexpirationorearlierterminationofthisAgreement.17.INSURANCEA.LiabilityInsuranceRequirements.NotwithstandinganyotherprovisionwithinthisAgreement,theAgencyanditsubcontractorsshallprocureandmaintaincoverageandlimitsfornolessthanthefollowing:1.CommercialGeneralLiability.InsuranceService“occurrence”formCG0001(currentedition),toincludeProducts-CompletedOperations,insuranceagainstclaimsforinjuriestopersonsordamagestopropertythatmayarisefromorinconnectionwithactivitiesunderthisAgreement.TheinsurancecoverageshallbenolessthanOneMillionDollars($1,000,000)combinedsinglelimitperoccurrence,andTwoMillionDollars($2,000,000)intheaggregate.AGENDA ITEM #4. a)
2.AutomobileLiability.Ifactivitiesrequirevehicleusage.InsuranceServicesformnumberCA0001(currentedition),coveringBUSINESSAUTOCOVERAGE,SymbolI“anyauto”.Ifthegrantincludestheuseofautomobiles,theLimitofLiabilityshallbenolessthanOneMillionDollars($1,000,000)peroccurrence.3.WorkersCompensation/StopGap.Iftherecipientoritscontractor(s)has/haveemployees.StatutoryWorkersCompensationcoverageandStopGapLiabilityforalimitnolessthanOneMillionDollars($1,000,000)peroccurrence.4.ProfessionalLiability.IfthegrantincludestheuseofProfessionalServices.ProfessionalLiabilitycoverageshallbenolessthanOneMillionDollars($1,000,000)perclaimandintheaggregate.B.IfthegrantinvolvestheconstructionofacapitalprojectorinvolvesthepurchaseofequipmentgreaterthanFiveThousand($5,000)invalue,theAgencyshallprovide“AllRisk”BuildersRiskorPropertycoverageforthefullreplacementvalueoftheproject/propertybuilt/purchased.KingCountyshallbelistedasanadditionalLosspayeeasourinterestsmayappear.C.KingCountyanditsofficers,officials,employeesandagentsshallbecoveredasadditionalinsuredonAgency’sanditscontractor(s’)commercialgeneralliabilityinsuranceand,ifapplicable,commercialautoliabilityinsurance,withrespecttoliabilityarisingoutofactivitiesperformedbytheAgencyanditscontractors.AdditionalInsuredstatusshallincludeProducts-CompletedOperations.D.TotheextentoftheAgency’soritscontractor’snegligence,theirinsurancerespectivelyshallbeprimaryinsurancewithrespecttotheCounty,itsofficers,employeesandagents.Anyinsuranceorself-insurancemaintainedbytheCounty,anditsofficers,officials,employeesoragentsshallnotbesubjectedtocontributioninfavoroftheAgencyoritscontractorsinsurance,andshallnotbenefiteitherinanyway.TheAgency’sanditscontractors’insuranceshallapplyseparatelytoeachinsuredagainstwhomaclaimismadeoralawsuitisbrought,subjecttothelimitsoftheinsurer’sliability.E.Coverageshallnotbesuspended,voided,canceled,reducedincoverageorinlimitsexceptbythereductionoftheapplicableaggregatelimitbyclaimspaid,untilafterthirty(30)days’priorwrittennoticehasbeengiventoandchangeincoverageacceptedbyKingCounty.F.TheinsuranceprovidermustbelicensedtodobusinessintheStateofWashingtonandmaintainaBest’sratingofnolessthanA-VIII.Withinfive(5)businessdaysofCounty’srequest,AgencymustprovideaCertificateofInsuranceandAdditionalInsuredEndorsement(s)(CG201011/85oritsequivalent)totheCounty.TheAgencyshallberesponsibleforthemaintenanceoftheircontractors’insurancedocumentation.G.IftheAgencyisamunicipalcorporationoranagencyoftheStateofWashingtonandisself-insuredforanyoftheaboveinsurancerequirements,acertificationofself-insuranceshallbeattachedheretoandbeincorporatedbyreferenceandshallconstitutecompliancewiththisSection.H.TheAgency’sdutiesunderthisSectionshallsurvivetheexpirationorearlierterminationofthisAgreement.TheAgencyunderstands,acknowledgesandagreesthatfortherelevantperiodofpublicusesetforthinSection8,theAgencyshallmaintainAGENDA ITEM #4. a)
insuranceandnametheCountyasanadditionalinsured,allofwhichshallbeconsistentwiththerequirementsofthisSection.18.ANTI-DISCRIMINATIONKingCountyCodechapters12.16,12.17through12.18applytothisAgreementandareincorporatedbythisreferenceasiffullysetforthherein.InallhiringoremploymentmadepossibleorresultingfromthisAgreement,thereshallbenodiscriminationagainstanyemployeeorapplicantforemploymentbecauseofsex,age,race,color,creed,religion,nationalorigin,sexualorientation,genderidentityorexpression,maritalstatusorthepresenceofanysensory,mental,orphysicaldisabilityunlessbaseduponabonafideoccupationalqualification,orageexceptbyminimumageandretirementprovisions,andthisrequirementshallapplytobutnotbelimitedtothefollowing:employment,advertising,lay-off,ortermination,ratesofpayorotherformsofcompensation,andselectionfortraining,includingapprenticeship.NopersonshallbedeniedorsubjectedtodiscriminationinreceiptofthebenefitofanyservicesoractivitiesmadepossiblebyorresultingfromthisAgreementonthegroundsofsex,race,color,creed,nationalorigin,religion,sexualorientation,genderidentityorexpression,age(exceptminimumageandretirementprovisions),maritalstatus,orthepresenceofanysensory,mental,orphysicalhandicap.AnyviolationofthisprovisionshallbeconsideredaviolationofamaterialprovisionofthisAgreementandshallbegroundsforcancellation,terminationorsuspensioninwholeorinpartofthisAgreementbyKingCountyandmayresultinineligibilityforfurtherKingCountyagreements.[CommunityPartnerName]shallalsocomplywithallapplicableanti-discriminationlawsorrequirementsofanyandalljurisdictionshavingauthority.19.CONFLICTOFINTERESTKCCChapter3.04(EmployeeCodeofEthics)isincorporatedbyreferenceasiffullysetforthhence,andtheAgencyagreestoabidebyallconditionsofsaidchapter.FailurebytheAgencytocomplywithanyrequirementofsaidKCCChaptershallbeamaterialbreachofcontract.20.POLITICALACTIVITYPROHIBITEDNoneofthefunds,materials,property,orservicesprovideddirectlyorindirectlyunderthisAgreementshallbeusedforanypartisanpoliticalactivityortofurthertheelectionordefeatofanycandidateforpublicoffice.21.PROJECTMAINTENANCE;EQUIPMENTPURCHASE,MAINTENANCE,ANDOWNERSHIPA.AsbetweentheCountyandtheAgency,theAgencyshallberesponsibletooperateandmaintainthecompletedprojectatitsownsoleexpenseandrisk.TheAgencyshallmaintainthecompletedprojectingoodworkingconditionconsistentwithapplicablestandardsandguidelines.TheAgencyunderstands,acknowledges,andagreesthattheCountyisnotresponsibletooperateortomaintaintheprojectinanyway.B.TheAgencyshallberesponsibleforallpropertypurchasedpursuanttothisAgreement,includingthepropercareandmaintenanceofanyequipment.C.TheAgencyshallestablishandmaintaininventoryrecordsandtransactiondocuments(purchaserequisitions,packingslips,invoices,receipts)ofequipmentandmaterialspurchasedwithAgreementfunds.TheAgency’sdutiesunderthisSectionshallsurvivetheexpirationofthisAgreement.AGENDA ITEM #4. a)
22.NOTICESWheneverthisAgreementprovidesfornoticetobeprovidedbyonepartytoanother,suchnoticeshallbeinwriting,anddirectedtothepersonspecifiedinSection4ofthisAgreement.Anysuchnoticeshallbedeemedtohavebeengivenonthedateofdelivery,ifmailed,onthethird(3rd)businessdayfollowingthedateofmailing;or,ifsentbyfax,onthefirst(1st)businessdayfollowingthedayofdeliverythereofbyfax.Noticesentsolelybye-mailshallbedeemedtohavebeengivenonthedateoftransmission.Eitherpartymaychangeitsaddress,faxnumber,emailaddress,orthenameofthepersonindicatedastherecipientbynoticetotheotherinthemanneraforesaid.23.ASSIGNMENTTheAgencyshallnotassignanyportionofrightsandobligationsunderthisAgreementortransferorassignanyclaimarisingpursuanttothisAgreementwithoutthewrittenconsentoftheCounty.TheAgencymustseeksuchconsentinwritingnotlessthanfifteen(15)dayspriortothedateofanyproposedassignment.24.CONTRACTAMENDMENTSThisAgreementtogetherwiththeattachedexhibitsexpresslyincorporatedhereinbyreferenceandattachedheretoshallconstitutethewholeAgreementbetweentheParties.EitherpartymayrequestchangestothisAgreement.NomodificationsoramendmentofthisAgreementshallbevalidoreffectiveunlessevidencedbyanAgreementinwritingsignedbytheParties.25.WAIVEROFDEFAULTWaiverofanydefaultshallnotbedeemedtobeawaiverofanysubsequentdefault.WaiverorbreachofanyprovisionoftheAgreementshallnotbedeemedtobeawaiverofanyotherorsubsequentbreachandshallnotbeconstruedtobeamodificationofthetermsoftheAgreementunlessstatedtobesuchthroughwrittenapprovalbytheCounty,whichshallbeattachedtotheoriginalAgreement.26.TAXESTheAgencyagreestopayonacurrentbasisalltaxesorassessmentsleviedonitsactivitiesandproperty,including,withoutlimitation,anyleaseholdexcisetaxdueunderRCWChapter82.29A;PROVIDED,however,thatnothingcontainedhereinwillmodifytherightoftheAgencytocontestanysuchtax,andtheAgencywillnotbedeemedtobeindefaultaslongasitwill,ingoodfaith,becontestingthevalidityoramountofanysuchtaxes.27.WASHINGTONLAWCONTROLLING;WHEREACTIONSBROUGHTThisAgreementismadeinandwillbeinaccordancewiththelawsoftheStateofWashington,whichwillbecontrollinginanydisputethatariseshereunder.ActionspertainingtothisAgreementwillbebroughtinKingCountySuperiorCourt,KingCounty,Washington.28.PARAGRAPHHEADINGSTheparagraphheadingscontainedhereinareonlyforconvenienceandreferenceandarenotintendedtobeapartofthisAgreementorinanymannertodefine,limit,ordescribethescopeorintentofthisAgreementortheparticularparagraphstowhichtheyrefer.AGENDA ITEM #4. a)
29.PUBLICDOCUMENTThisAgreementwillbeconsideredapublicdocumentandwillbeavailableforinspectionandcopyingbythepublic.30.LEGALRELATIONSNothingcontainedhereinwillmake,orbedeemedtomake,theCountyandtheAgencyapartnerofoneanother,andthisAgreementwillnotbeconstruedascreatingapartnershiporjointventure.NothinginthisAgreementwillcreate,orbedeemedtocreate,anyright,dutyorobligationinanypersonorentitynotapartytoit.31.SINGULARANDPLURALWhereverthecontextwiltsorequire,thesingularwillincludethepluralandpluralwillincludethesingular.32.PERMITSANDLICENSESTheAgencyshalldesign,developandconstructtheProjectinaccordancewillallapplicablelawsandregulatoryrequirementsincludingenvironmentalconsiderations,permittingdeterminations,andotherlegalrequirements.AllactivitiesandimprovementsshallbeperformedbyAgencyatitssoleexpenseandliability.TheAgencyshall,atitssolecostandexpense,applyfor,obtainandcomplywithallnecessarypermits,licensesandapprovalsrequiredfortheProject,33.INTERPRETATIONOFCOUNTYRULESANDREGULATIONSIfthereisanyquestionregardingtheinterpretationofanyCountyruleorregulation,theCountydecisionwillgovernandwillbebindingupontheAgency.34.POLICEPOWERSOfTHECOUNTYNothingcontainedinthisAgreementwilldiminish,orbedeemedtodiminish,thegovernmentalorpolicepowersoftheCounty.35.ENTIREAGREEMENTThisAgreement,includingitsattachments,constitutestheentireAgreementbetweentheCountyandtheAgency.Itsupersedesallotheragreementsandunderstandingsbetweenthem,whetherwritten,oralorotherwise.KINGCOUNTYCityofRentonF
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KingCountyYouthandAmateurSportsGrantAgreementGetActive/StayActiveProjectDepartment/Division:NaturalResourcesandParks/ParksandRecreationDivisionAgency:CityofRentonProject:familyFirstCommunityCenterAmount:$55,000.00Project:1134841Contract:6032102TermPeriod:January1,2018ToDecember31,2019THISCONTRACTisenteredintobyKINGCOUNTY(the“County”),andCityofRenton(the“Agency”),whoseaddressis1055S.GradyWayRenton,WA98057WHEREAS,theAgencyiseitherapublicagencyoranon-profitorganizationthatprovidesyouthoramateursportsopportunitiesorareactsasafiscalsponsorforsuchproject;WHEREAS,KingCountyhasselectedtheidentifiedAgencytoreceiveaYouthandAmateurSportsfund(“YASF”)GrantawardtoassistinprojectsthatprovideincreasedathleticopportunitiesforthecitizensofKingCounty,Washington;WHEREAS,theAgencyshallutilizetheawardtoaddressanathleticneedinKingCounty;andWHEREAS,KingCountyisauthorizedtoadministertheYASFgrantprojectandenterintoagreementsfortheuseofKingCountyfundsbypublicagenciesornot-for-profitorganizationstoprovideaservicetothepublicunderKingCountyOrdinance18409;NOWTHEREFORE,inconsiderationofpayments,covenants,andagreementshereinaftermentioned,tobemadeandperformedbythepartieshereto,thepartiescovenantanddomutuallyagreeasfollows:TheAgencyshallprovideservicesandcomplywiththerequirementssetforthhereinafterandinthefollowingattachedexhibits,whichareincorporatedhereinbyreference:ScopeofServicesAttachedheretoasExhibitIBudgetAttachedheretoasExhibitII2.TERMOFCONTRACTThisAgreementshallcommenceonJanuary1.2018,andshallexpireontheDecember31,2019,unlessextendedorearlierterminated,pursuanttothetermsandconditionsofthisAgreement.AGENDA ITEM #4. a)
3.PREMISESThisgrantprojectislocatedat:16022-lI6thAve.SE,4.PARTIESAllcommunication,notices,coordination,andothertenetsofthisAgreementshallbemanagedby:OnbehalfofCounty:ButchLovelace,YSFGProjectManagerKingCountyParksandRecreationDivision201SouthJacksonStreet,Suite700Seattle,WA98104-3855Email:hutcIi.Lodaceakincountv.uovPhone:206.477.4577OnbehalfofAgency:KellyBeymer,AdministratorofCommunityServices1055S.GradyWayRenton,WA98057Email:kbeymer@rentonwa.govPhone:425-430-66175.COMPENSATIONANDMETHODOFPAYMENTA.TheCountyshallreimbursetheAgencyforsatisfactorycompletionoftheservicesandrequirementsspecifiedinthisAgreementaftertheAgencysubmitsaninvoiceandallaccompanyingreportsasspecifiedintheattachedexhibits.TheCountywillinitiateauthorizationforpaymentafterapprovalofcorrectedinvoicesandreports.TheCountyshallmakepaymenttotheAgencynotmorethanthirty(30)daysafteracompleteandaccurateinvoiceisreceived.B.TheAgencyshallsubmititsfinalinvoiceandalloutstandingreportswithinfifteen(15)daysofthedatethisAgreementexpiresoristerminated.IftheAgency’sfinalinvoiceandreportsarenotsubmittedbythedayspecifiedinthissubsection,theCountywillberelievedofallliabilityforpaymenttotheAgencyoftheamountssetforthinsaidinvoiceoranysubsequentinvoice.6.OPERATINGBUDGETWhenabudgetisattachedheretoasExhibitII,theAgencyshallapplythefundsreceivedfromtheCountyunderthisAgreementinaccordancewithsaidbudget.If,atanytimeduringtheTermofthisAgreement,theAgencyexpectsthatthecumulativeamountoftransfersamongthebudgetcategories,i.e.ProjectTasks,mayexceedtenpercent(10%)oftheAgreementamount,thentheAgencyshallnotifyCountytorequestapproval.Supportingdocumentsnecessarytoexplainfullythenatureandpurposeofthechange(s)andanamendedAGENDA ITEM #4. a)
budgetmustaccompanyeachrequestforsuchapproval.Countyapprovalofanysuchamendmentshallnotbeunreasonablywithheld.7.COMMUNICATIONTheAgencyshallrecognizeCountyasafiscalsponsorforthegrantprojectinthefollowingmanner:A.Events:TheAgencyshallinviteandrecognize“KingCountyParks”atalleventspromotingtheproject,andatthefinalprojectdedication.B.CommunityRelations:TheAgencyshallrecognize“KingCountyParks”asafiscalsponsorinallsocialmedia,websites,brochures,banners,posters,pressreleases,andotherpromotionalmaterialrelatedtotheProject.8.PRIORITYOfUSE;PUBLICACCESS;SCHEDULINGThesefundsareprovidedforthepurposeofdevelopingand/orprojectsportsactivitiesfor,butnotexclusivelyserving,personsunder2tyearsofage,andlowandmoderateincomecommunitieswithinKingCounty.feesfortheprojectshallbenogreaterthanthosegenerallychargedbypublicoperatorsorprojectprovidersinKingCounty.9.INTERNALCONTROLANDACCOUNTINGSYSTEMTheAgencyshallestablishandmaintainasystemofaccountingandinternalcontrolswhichcomplieswithappticable,generallyacceptedaccountingprinciples,andgovernmentalaccountingandfinancialreportingstandardsinaccordancewithRevisedCodeofWashington(RCW)Chapter40.14.10.MAINTENANCEOfRECORDSA.TheAgencyshallmaintainaccountsandrecords,includingpersonnel,property,financial,andprojectrecordsandothersuchrecordsasmaybedeemednecessarybytheCountytoensureproperaccountingforallAgreementfundsandcompliancewiththisAgreement.B.Theserecordsshallbemaintainedforaperiodofsix(6)yearsaftertheexpirationorearlierterminationofthisAgreementunlesspermissiontodestroythemisgrantedbytheOfficeoftheArchivistinaccordancewithRCWChapter40.14.C.TheAgencyshallinformtheCountyinwritingofthelocation,ifdifferentfromtheAgencyaddresslistedonpageoneofthisAgreement,oftheaforesaidbooks,records,documents,andotherevidenceandshallnotifytheCountyinwritingofanychangesinlocationwithinten(10)workingdaysofanysuchrelocation.11.RIGHTTOINSPECTKingCountyreservestherighttoreviewandapprovetheperformanceofAgencywithregardtothisAgreement,and,atitssolediscretion,toinspectoraudittheAgency’srecordsregardingthisAgreementandtheProjectuponreasonablenoticeduringnormalbusinesshours.12.COMPLIANCEWITHALLLAWSANDREGULATIONSTheAgency,incooperationandagreementwiththeownersofthePremises,shallcomplywithallapplicablelaws,ordinancesandregulationsinusingfundsprovidedbytheCounty,AGENDA ITEM #4. a)
including,withoutlimitation,thoserelatingtoprovidingasafeworkingenvironmenttoemployeesand,specifically,therequirementsoftheWashingtonIndustrialSafetyandHealthAct(WISHA);and,totheextentapplicable,thoserelatedto“publicworks,”paymentofprevailingwages,andcompetitivebiddingofcontracts.TheAgencyspecificallyagreestocomplyandpayallcostsassociatedwithachievingsuchcompliancewithoutnoticefromKingCounty;andfurtheragreesthatKingCounty,doesnotwaivethisSectionbygivingnoticeofdemandforcomplianceinanyinstance.TheAgencyshallindemnifyanddefendtheCountyshoulditbesuedormadethesubjectofanadministrativeinvestigationorhearingforaviolationofsuchlawsrelatedtothisAgreement.13.CORRECTIVEACTIONA.IftheCountydeterminesthatabreachofcontracthasoccurredordoesnotapproveoftheAgency’sperformance,itwillgivetheAgencywrittennotificationofunacceptableperformance.TheAgencywillthentakecorrectiveactionwithinareasonableperiodoftime,asmaybedefinedbyKingCountyinitssolediscretioninitswrittennotificationtotheAgency.B.TheCountymaywithholdanypaymentowedtheAgencyuntiltheCountyissatisfiedthatcorrectiveactionhasbeentakenorcompleted.14.TERMINATIONA.TheCountymayterminatethisAgreementinwholeorinpart,withorwithoutcause,atanytimeduringtheTermofthisAgreement,byprovidingtheAgencyten(10)daysadvancewrittennoticeofthetermination.B.IftheterminationresultsfromactsoromissionsoftheAgency,includingbutnotlimitedtomisappropriation,nonperformanceofrequiredservices,orfiscalmismanagement,theAgencyshallreturntotheCountyimmediatelyanyfunds,misappropriatedorunexpended,whichhavebeenpaidtotheAgencybytheCounty.C.AnyKingCountyobligationsunderthisAgreementbeyondthecurrentappropriationyearareconditionedupontheCountyCouncil’sappropriationofsufficientfundstosupportsuchobligations.IftheCouncildoesnotapprovesuchappropriation,thenthisAgreementwillterminateautomaticallyatthecloseofthecurrentappropriationyear.15.FUTURESUPPORT;UTILITIESANDSERVICETheCountymakesnocommitmenttosupporttheservicescontractedforhereinandassumesnoobligationforfuturesupportoftheactivitycontractedforhereinexceptasexpresslysetforthinthisAgreement.TheAgencyunderstands,acknowledges,andagreesthattheCountyshallnotbeliabletopayforortoprovideanyutilitiesorservicesinconnectionwiththeProjectcontemplatedherein.16.HOLDHARMLESSANDINDEMNIFICATIONTheAgencyagreesforitself,itssuccessors,andassigns,todefend,indemnify,andholdharmlessKingCounty,itsappointedandelectedofficials,andemployeesfromandagainstliabilityforallclaims,demands,suits,andjudgments,includingcostsofdefensethereof,forinjurytopersons,death,orpropertydamagewhichiscausedby,arisesoutof,orisincidentaltoanyuseoforoccurrenceontheProjectthatisthesubjectofthisAgreement,ortheAGENDA ITEM #4. a)
Agency’sexerciseofrightsandprivilegesgrantedbythisAgreement,excepttotheextentoftheCounty’ssolenegligence.TheAgency’sobligationsunderthisSectionshallinclude:A.ThedutytopromptlyaccepttenderofdefenseandprovidedefensetotheCountyattheAgency’sownexpense;B.IndemnificationofclaimsmadebytheAgency’semployeesoragents;andC.WaiveroftheAgency’simmunityundertheindustrialinsuranceprovisionsofTitle51RCW,butonlytotheextentnecessarytoindemnifyKingCounty,whichwaiverhasbeenmutuallynegotiatedbytheparties.IntheeventitisnecessaryfortheCountytoincurattorney’sfees,legalexpensesorothercoststoenforcetheprovisionsofthisSection,allsuchfees,expensesandcostsshallberecoverablefromtheAgency.IntheeventitisdeterminedthatRCW4.24.115appliestothisAgreement,theAgencyagreestoprotect,defend,indemnifyandsavetheCounty,itsofficers,officials,employeesandagentsfromanyandallclaims,demands,suits,penalties,lossesdamagesjudgments,orcostsofanykindwhatsoeverforbodilyinjurytopersonsordamagetoproperty(hereinafter“claims”),arisingoutoforinanywayresultingfromtheAgency’sofficers,employees,agentsand/orsubcontractorsofalltiers,actsoromissions,performanceoffailuretoperformtherightsandprivilegesgrantedunderthisAgreement,tothemaximumextentpermittedbylaworasdefinedbyRCW4.24.115,asnowenactedorhereafteramended.AholdharmlessprovisiontoprotectKingCountysimilartothisprovisionshallbeincludedinallAgreementsorsubcontractorAgreementsenteredintobyAgencyinconjunctionwiththisAgreement.TheAgency’sdutiesunderthisSectionwillsurvivetheexpirationorearlierterminationofthisAgreement.17.INSURANCEA.LiabilityInsuranceRequirements.NotwithstandinganyotherprovisionwithinthisAgreement,theAgencyanditsubcontractorsshallprocureandmaintaincoverageandlimitsfornolessthanthefollowing:1.CommercialGeneralLiability.InsuranceService“occurrence”formCG0001(currentedition),toincludeProducts-CompletedOperations,insuranceagainstclaimsforinjuriestopersonsordamagestopropertythatmayarisefromorinconnectionwithactivitiesunderthisAgreement.TheinsurancecoverageshallbenolessthanOneMillionDollars($1,000,000)combinedsinglelimitperoccurrence,andTwoMillionDollars($2,000,000)intheaggregate.2.AutomobileLiability.Ifactivitiesrequirevehicleusage.InsuranceServicesformnumberCA0001(currentedition),coveringBUSINESSAUTOCOVERAGE,SymbolI“anyauto”.Ifthegrantincludestheuseofautomobiles,theLimitofLiabilityshallbenolessthanOneMillionDollars($1,000,000)peroccurrence.3.WorkersCompensation/StopGap.Iftherecipientoritsconfractor(s)has/haveemployees.StatutoryWorkersCompensationcoverageandStopGapLiabilityforalimitnolessthanOneMillionDollars($1,000,000)peroccurrence.AGENDA ITEM #4. a)
4.ProfessionalLiability.IfthegrantincludestheuseofProfessionalServices.ProfessionalLiabilitycoverageshaltbenolessthanOneMillionDollars($1,000,000)perclaimandintheaggregate.B.IfthegrantinvolvestheconstructionofacapitalprojectorinvolvesthepurchaseofequipmentgreaterthanFiveThousand($5,000)invalue,theAgencyshallprovide“AllRisk”BuildersRiskorPropertycoverageforthefullreplacementvalueoftheproject/propertybuilt/purchased.KingCountyshallbelistedasanadditionalLosspayeeasourinterestsmayappear.C.KingCountyanditsofficers,officials,employeesandagentsshallbecoveredasadditionalinsuredonAgency’sanditscontractor(s’)commercialgeneralliabilityinsuranceand,ifapplicable,commercialautoliabilityinsurance,withrespecttoliabilityarisingoutofactivitiesperformedbytheAgencyanditscontractors.AdditionalInsuredstatusshallincludeProducts-CompletedOperations.D.TotheextentoftheAgency’soritscontractor’snegligence,theirinsurancerespectivelyshallbeprimaryinsurancewithrespecttotheCounty,itsofficers,employeesandagents.Anyinsuranceorself-insurancemaintainedbytheCounty,anditsofficers,officials,employeesoragentsshallnotbesubjectedtocontributioninfavoroftheAgencyoritscontractorsinsurance,andshallnotbenefiteitherinanyway.TheAgency’sanditscontractors’insuranceshallapplyseparatelytoeachinsuredagainstwhomaclaimismadeoralawsuitisbrought,subjecttothelimitsoftheinsurer’sliability.E.Coverageshallnotbesuspended,voided,canceled,reducedincoverageorinlimitsexceptbythereductionoftheapplicableaggregatelimitbyclaimspaid,untilafterthirty(30)days’priorwrittennoticehasbeengiventoandchangeincoverageacceptedbyKingCounty.F.TheinsuranceprovidermustbelicensedtodobusinessintheStateofWashingtonandmaintainaBest’sratingofnolessthanA-V1II.Withinfive(5)businessdaysofCounty’srequest,AgencymustprovideaCertificateofInsuranceandAdditionalInsuredEndorsement(s)(CG201011/85oritsequivalent)totheCounty.TheAgencyshallberesponsibleforthemaintenanceoftheircontractors’insurancedocumentation.G.IftheAgencyisamunicipalcorporationoranagencyoftheStateofWashingtonandisself-insuredforanyoftheaboveinsurancerequirements,acertificationofself-insuranceshallbeattachedheretoandbeincorporatedbyreferenceandshallconstitutecompliancewiththisSection.H.TheAgency’sdutiesunderthisSectionshallsurvivetheexpirationorearlierterminationofthisAgreement.TheAgencyunderstands,acknowledgesandagreesthatfortherelevantperiodofpublicusesetforthinSection8,theAgencyshallmaintaininsuranceandnametheCountyasanadditionalinsured,allofwhichshallbeconsistentwiththerequirementsofthisSection.18.ANTI-DISCRIMINATIONKingCountyCodechapters12.16,12.17through12.18applytothisAgreementandareincorporatedbythisreferenceasiffullysetforthherein.InallhiringoremploymentmadeAGENDA ITEM #4. a)
possibleorresultingfromthisAgreement,thereshallbenodiscriminationagainstanyemployeeorapplicantforemploymentbecauseofsex,age,race,color,creed,religion,nationalorigin,sexualorientation,genderidentityorexpression,maritalstatusorthepresenceofanysensory,mental,orphysicaldisabilityunlessbaseduponabonafideoccupationalqualification,orageexceptbyminimumageandretirementprovisions,andthisrequirementshallapplytobutnotbelimitedtothefollowing:employment,advertising,lay-off,ortermination,ratesofpayorotherformsofcompensation,andselectionfortraining,includingapprenticeship.NopersonshallbedeniedorsubjectedtodiscriminationinreceiptofthebenefitofanyservicesoractivitiesmadepossiblebyorresultingfromthisAgreementonthegroundsofsex.race,color,creed,nationalorigin,religion,sexualorientation,genderidentityorexpression,age(exceptminimumageandretirementprovisions),maritalstatus,orthepresenceofanysensory,mental,orphysicalhandicap.AnyviolationofthisptovisionshallbeconsideredaviolationofamaterialprovisionofthisAgreementandshallbegroundsforcancellation,terminationorsuspensioninwholeorinpartofthisAgreementbyKingCountyandmayresultinineligibilityforfurtherKingCountyagreements.[CommunityPartnerName]shallalsocomplywithallapplicableanti-discriminationlawsorrequirementsofanyandalljurisdictionshavingauthority.19.CONFLICTOFINTERESTKCCChapter3.04(EmployeeCodeofEthics)isincorporatedbyreferenceasiffullysetforthhence,andtheAgencyagreestoabidebyallconditionsofsaidchapter.FailurebytheAgencytocomplywithanyrequirementofsaidKCCChaptershallbeamaterialbreachofcontract.20.POLITICALACTIVITYPROHIBITEDNoneofthefunds,materials,property,orservicesprovideddirectlyorindirectlyunderthisAgreementshallbeusedforanypartisanpoliticalactivityortofurthertheelectionordefeatofanycandidateforpublicoffice.21.PROJECTMAINTENANCEEQUIPMENTPURCHASE,MAINTENANCE,ANDOWNERSHIPA.AsbetweentheCountyandtheAgency,theAgencyshallberesponsibletooperateandmaintainthecompletedprojectatitsownsoleexpenseandrisk.TheAgencyshallmaintainthecompletedprojectingoodworkingconditionconsistentwithapplicablestandardsandguidelines.TheAgencyunderstands,acknowledges,andagreesthattheCountyisnotresponsibletooperateortomaintaintheprojectinanyway.B.TheAgencyshallberesponsibleforallpropertypurchasedpursuanttothisAgreement,includingthepropercareandmaintenanceofanyequipment.C.TheAgencyshaltestablishandmaintaininventoryrecordsandtransactiondocuments(purchaserequisitions,packingslips,invoices,receipts)ofequipmentandmaterialspurchasedwithAgreementfunds.TheAgency’sdutiesunderthisSectionshallsurvivetheexpirationofthisAgreement.22.NOTICESWheneverthisAgreementprovidesfornoticetobeprovidedbyonepartytoanother,suchnoticeshallbeinwriting,anddirectedtothepersonspecifiedinSection4ofthisAgreement.AGENDA ITEM #4. a)
Anysuchnoticeshallbedeemedtohavebeengivenonthedateofdelivery,ifmailed,onthethird(3rd)businessdayfollowingthedateofmailing;or,ifsentbyfax,onthefirst(1st)businessdayfollowingthedayofdeliverythereofbyfax.Noticesentsolelybye-mailshallbedeemedtohavebeengivenonthedateoftransmission.Eitherpartymaychangeitsaddress,faxnumber,emailaddress,orthenameofthepersonindicatedastherecipientbynoticetotheotherinthemanneraforesaid.23.ASSIGNMENTTheAgencyshallnotassignanyportionofrightsandobligationsunderthisAgreementortransferorassignanyclaimarisingptirsuanttothisAgreementwithoutthewrittenconsentoftheCounty.TheAgencymustseeksuchconsentinwritingnotlessthanfifteen(15)dayspriortothedateofanyproposedassignment.24.CONTRACTAMENDMENTSThisAgreementtogetherwiththeattachedexhibitsexpresslyincorporatedhereinbyreferenceandattachedheretoshaltconstitutethewholeAgreementbetweentheParties.EitherpartymayrequestchangestothisAgreement.NomodificationsoramendmentofthisAgreementshallbevalidoreffectiveunlessevidencedbyanAgreementinwritingsignedbytheParties.25.WAIVEROfDEFAULTWaiverofanydefaultshallnotbedeemedtobeawaiverofanysubsequentdefault.WaiverorbreachofanyprovisionoftheAgreementshallnotbedeemedtobeawaiverofanyotherorsubsequentbreachandshallnotbeconstruedtobeamodificationofthetermsoftheAgreementunlessstatedtobesuchthroughwrittenapprovalbytheCounty,whichshallbeattachedtotheoriginalAgreement.26.TAXESTheAgencyagreestopayonacurrentbasisalltaxesorassessmentsleviedonitsactivitiesandproperty,including,withoutlimitation,anyleaseholdexcisetaxdueunderRCWChapter$2.29A;PROVIDED,however,thatnothingcontainedhereinwillmodifytherightoftheAgencytocontestanysuchtax,andtheAgencywillnotbedeemedtobeindefaultaslongasitwill,ingoodfaith,becontestingthevalidityoramountofanysuchtaxes.27.WASHINGTONLAWCONTROLL[NG;WHEREACTIONSBROUGHTThisAgreementismadeinandwillbeinaccordancewiththelawsoftheStateofWashington,whichwillbecontrollinginanydisputethatariseshereunder.ActionspertainingtothisAgreementwillbebroughtinKingCountySuperiorCourt,KingCounty,Washington.28.PARAGRAPHHEADINGSTheparagraphheadingscontainedhereinareonlyforconvenienceandreferenceandarenotintendedtobeapartofthisAgreementorinanymannertodefine,limit,ordescribethescopeorintentofthisAgreementortheparticularparagraphstowhichtheyrefer.AGENDA ITEM #4. a)
29.PUBLICDOCUMENTThisAgreementwillbeconsideredapublicdocumentandwillbeavailableforinspectionandcopyingbythepublic.30.LEGALRELATIONSNothingcontainedhereinwillmake,orbedeemedtomake,theCountyandtheAgencyapartnerofoneanother,andthisAgreementwillnotbeconstruedascreatingapartnershiporjointventure.NothinginthisAgreementwillcreate,orbedeemedtocreate,anyright,dutyorobligationinanypersonorentitynotapartytoit.31.SINGULARANDPLURALWhereverthecontextwillsorequire,thesingularwillincludethepluralandpluralwillincludethesingular.32.PERMITSANDLICENSESTheAgencyshalldesign,developandconstructtheProjectinaccordancewillallapplicablelawsandregulatoryrequirementsincludingenvironmentalconsiderations,permittingdeterminations,andotherlegalrequirements.AllactivitiesandimprovementsshallbeperformedbyAgencyatitssoleexpenseandliability.TheAgencyshall,atitssolecostandexpense,applyfor,obtainandcomplywithallnecessarypermits,licensesandapprovalsrequiredfortheProject,33.INTERPRETATIONOfCOUNTYRULESANDREGULATIONSIfthereisanyquestionregardingtheinterpretationofanyCountyruleorregulation,theCountydecisionwillgovernandwillbebindingupontheAgency.34.POLICEPOWERSOfTHECOUNTYNothingcontainedinthisAgreementwilldiminish,orbedeemedtodiminish,thegovernmentalorpolicepowersoftheCounty.35.ENTIREAGREEMENTThisAgreement,includingitsattachments,constitutestheentireAgreementbetweentheCountyandtheAgency.Itsupersedesallotheragreementsandunderstandingsbetweenthem,whetherwritten,oralorotherwise.KINGCOUNTYCity(fRentonFOR___
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AB - 2289
City Council Regular Meeting - 07 Jan 2019
SUBJECT/TITLE: State of Washington Transportation Improvement Board Fuel Tax
Grant Agreement for the Duvall Avenue NE Roadway Improvements
Project, NE 9th Street to NE 10th Street
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Heather Gregersen, Program Development Coordinator
EXT.: 7393
FISCAL IMPACT SUMMARY:
The project has a total budget of $6,503,824 and is funded through a combination of a Washington State
Transportation Improvement Board (TIB) grant for $3,468,289, a Department of Ecology (DOE) grant for
$1,223,939 and City funding of $1,811,596. The attached TIB Fuel Tax Grant will add $500,000 to the Duvall
Avenue NE Roadway Improvements project budget. The TIB grant has a total budget of $686,500 that
includes $186,500 of City match. The project will have a new total budget of $7,190,324.
SUMMARY OF ACTION:
The City received a $3,468,289 TIB grant for the design and construction of the Duvall Avenue NE project
(project number 317.122702) between NE 10th Street and NE Sunset Blvd. to increase mobility for all modes
of travel and improve safety for non-motorized users. The City also received a DOE grant for $1,223,939 for
the design and construction of the Duvall Avenue NE project between NE 10th Street and NE 12th Street to
improve water quality.
The City has secured the attached TIB grant for $500,000 for construction of the Duvall Avenue NE project
between NE 9th Street and NE 10th Street to improve connectivity, accessibility and safety along this missing
segment of sidewalk. This grant will have a total budget of $686,500 that consists of the $500,000 awarded
grant and City match of $186,500. The design of the project is anticipated to be completed by the end of 2018
and out to bid in early 2019. With this TIB grant, Duvall Avenue NE between NE 9th Street and NE 10th Street
will be completed with a sidewalk and a bike lane on the east side.
EXHIBITS:
A. Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the State of Washington Transportation Improvement Board
Fuel Tax Grant Agreement for $500,000 for the Duvall Avenue NE Roadway Improvements Project, NE 9th
Street to NE 10th Street.
AGENDA ITEM #5. a)
TIB Members
cruir
Mayor GlennJohnson
City of Pullman
Vite Chair
Commissioner RichardStevens
Grant County
AmyAsher
Rwucmes tmulr
AlyssaBall
Of?ce at FinancialManagement
Aaron E|)I1lrX,P.E.
Hw Llxhnar Int.
Jeff Carpenter,PL
wsoor
Barbara Chamberlain
wsoor
Ellubalh Chambnrhln
City OIWIIIIWall:
Mk:Dzhlam
any at Sumner
Sue Dreisr
Pierce Trlnxit
Commissioner Terri Drexizr
Maxon Cnunty
John Klelmtka,P.E.
Fan of Everett
Comm uloner Ruben Koch
Fr:nkkn Can My
[aim Koxler
County RoadAdminiumlan aaard
Colleen Kuhn
Humln Services Council
Mayor «on Lucas
Town of Stallcnum
Ml(k Mathuon,9.5.
my oi Mukiltea
David Ramuy
hm hm
Cauncllmember M:keTodd
my oi Ml"cvzzk
Ashley Prnbart
Exezunue cmcmr
740 Box409D1
Olymp a,wn 9550443901
Phone:zen-535-mu
raxzaao-555.1155
WWW.|Ih.wI.[L7V
Washington State
Transportation Improvement Board
November 16,2018
RECEIVED
NOV2 7 2018
CITYOF RENTON
PUBLICWORKSADMIN
Mr.Gregg Zimmerman,P.E.
Public Works Administrator
City of Renton
1055 South Grady Way
Renton,WA 98057-3232
Dear Mr! man:
Congratulations!We are pleased to announce the selection of your project,Duvall
Avenue NE,NE 9th St to NE 10th St,TIB project number P-P-102(P02)-1.
Total TIB funds for this project are $500,000.
Before any work is allowed on this project,you must:
-Verify the information on the Project Funding Status Form,revise ifnecessary,
and sign;
-Submit the section of your adopted Six Year Transportation Plan listing this
project‘,
-Sign both copies ofthe Fuel Tax Grant Distribution Agreement;and
-Return the above items to TIB;
You may only incur reimbursable expenses after you receive approval from TIB.
In accordance with RCW 47.26.084,you must certify full funding by November 16,
2019 or the grant may be terminated.Grants may also be rescinded due to
unreasonable project delay as described in WAC 4753-05-21 1.
No federal funding has been identified in your project and was a factor in its selection.
Federallzing this project may result in disallowing cost increase requests.
if you have questions,please contact Greg Armstrong,TIB Project Engineer,at (360)
586-1142 or e—mailGregA@TlB.wa.gov.
Sincerely,
/tmtii?Qwyasl“
Executive Director
Ashley Probart
Enclosures
Investing in your local community
AGENDA ITEM #5. a)
/.r‘''%<%,Washington State Transportation Improvement Board P-P-102(P02)-1NJFuelTaxGrantAgreement
City of Renton
P-P-102 P02 -1
DuvallAvenue NE
NE 9th St to NE 10th St
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Renton
AGREEMENT
THIS GRANT AGREEMENT (hereinafter "Agreement”)for the Duvall Avenue NE,NE 9th St to
NE 10th St (hereinafter “Project”)is entered into by the WASHINGTON STATE
TRANSPORTATION IMPROVEMENT BOARD (hereinafter “TIB”)and City of Renton,a political
subdivision of the State of Washington (hereinafter "REClPlENT”).
1.0 PURPOSE
TIB hereby grants funds in the amount of $500,000 for theproject specified above,pursuant to
tenns contained in the REClPlENT’s Grant Application,supporting documentation,chapter
47.26 RCW,title 479 WAC,and the terms and conditions listed below.
2.0 SCOPE AND BUDGET
The Project Scope and Budget are initiallydescribed in REClPlENT’s Grant Application and
incorporated by reference into this Agreement.Scope and Budget willbe further developed and
re?ned,but not substantially altered during the Design,Bid Authorization and Construction
Phases.Any material alterations to the original Project Scope or Budget as initiallydescribed in
the Grant Application must be authorized by TIBin advance by written amendment.
3.0 PROJECT DOCUMENTATION
TIB requires RECIPIENT to make reasonable progress and submit timely Project
documentation as applicable throughout the Project.Upon REClPlENT’s submission of each
Project document to TIB,the terms contained in the document willbe incorporated by reference
into the Agreement.Required documents include,but are not limited to the following:
a)Project Funding Status Form
b)Bid Authorization Form with plans and engineers estimate
c)Award Updated Cost Estimate
d)Bid Tabulations
a)Contract Completion Updated Cost Estimate with ?nal summary of quantities
f)Project Accounting History
4.0 BILLINGAND PAYMENT
The local agency shall submit progress billings as project costs are incurred to enable TIBto
maintain accurate budgeting and fund management.Payment requests may be submitted as
often as the RECIPIENT deems necessary,but shall be submitted at least quarterly if billable
Fuel Tax Agreement Page I of 5 November 2012
AGENDA ITEM #5. a)
.»*“'i;._
,3 Washington State Transportation Improvement Board P-P-102(P02)-1
Fuel Tax Grant Agreement
amounts are greater than $50,000.Ifprogress billings are not submitted,large payments may
be delayed or scheduled in a payment plan.
5.0 TERM OF AGREEMENT
This Agreement shall be effective upon execution by TIB and shall continue through closeout of
the grant or untilterminated as provided herein,but shall not exceed 10 years unless amended
by the Parties.
6.0 AMENDMENTS
This Agreement may be amended by mutual agreement of the Parties.Such amendments shall
not be binding unless they are in writing and signed by persons authorized to bind each of the
Parties.
7.0 ASSIGNMENT
The RECIPIENT shall not assign or transfer its rights,benefits,or obligations under this
Agreement without the priorwrittenconsent of TIB.The RECIPIENTis deemed to consent to
assignment of this Agreement by TIBto a successor entity.Such consent shall not constitute a
waiver of the REClPlENT's other rights under this Agreement.
8.0 GOVERNANCE&VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington and venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9.0 DEFAULTANDTERMINATION
9.1 NON-COMPLIANCE
a)Inthe event TIB determines,in its sole discretion,the RECIPIENT has failed to
comply with the terms and conditions of this Agreement,TIB shall notifythe RECIPIENT,
in writing,of the non—compIiance.
b)In response to the notice,RECIPIENT shall provide a written response within 10
business days of receipt of T|B’s notice of non-compliance,which should include either a
detailed plan to correct the non-compliance,a request to amend the Project,or a denial
accompanied by supporting details.
c)TIBwillprovide 30 days for RECIPIENTto make reasonable progress toward
compliance pursuant to its plan to correct or implement its amendment to the Project.
d)Should RECIPIENT dispute non-compliance,TIBwill investigate the dispute and
may withhold further payments or prohibit the RECIPIENT from incurring additional
reimbursable costs during the investigation.
9.2 DEFAULT
RECIPIENT may be considered in default ifTIBdetermines,in its sole discretion,that:
Fuel Tax Agreement Page 2 of 5 November2012
AGENDA ITEM #5. a)
ifkj Washington State Transportation Improvement Board P-P-102(P02)-1\,._¢’)Fuel Tax Grant Agreement_,./
a)RECIPIENT is not making reasonable progress toward correction and
compliance.
b)TIB denies the REClPIENT’s request to amend the Project.
c)After investigation TIBcon?rms RECIP|ENT’S non-compliance.
TIBreserves the right to order RECIPIENT to immediately stop work on the Project and
TIBmay stop Project payments untilthe requested corrections have been made or the
Agreement has been terminated.
9.3 TERMINATION
a)In the event of default by the RECIPIENT as determined pursuant to Section 9.2,
TIB shall serve RECIPIENT with a written notice of termination of this Agreement,which
shall be served in person,by email or by certi?ed letter.Upon service of notice of
termination,the RECIPIENT shall immediately stop work and/or take such action as may
be directed by TIB.
b)In the event of default and/or termination by either PARTY,the RECIPIENT may
be liable for damages as authorized by law including,but not limited to,repayment of
grant funds.
c)The rights and remedies of TIB provided in the AGREEMENT are not exclusive
and are in addition to any other rights and remedies provided by law.
9.4 TERMINATIONFOR NECESSITY
TIBmay,with ten (10)days written notice,terminate this Agreement,in whole or in part.
because funds are no longer available for the purpose of meeting TlB's obligations.If
this Agreement is so terminated,TIBshall be liable only for payment required under this
Agreement for performance rendered or costs incurred prior to the effective date of
termination.
10.0 USE OF TIBGRANT FUNDS
TIBgrant funds come from Motor Vehicle Fuel Tax revenue.Any use of these funds for
anything other than highway or roadway system improvements is prohibited and shall subject
the RECIPIENTto the terms,conditions and remedies set forth in Section 9.IfRight of Way is
purchased using TIBfunds,and some or all of the Right of Way is subsequently sold,proceeds
from the sale must be deposited into the REClPlENT’s motor vehicle fund and used for a motor
vehicle purpose.
11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS
At Bid Award and Contract Completion,RECIPIENT may request an increase in the TIB funds
for the speci?c project.Requests must be made in writing and willbe considered by TIBand
awarded at the sole discretion of TIB.Allincrease requests must be made pursuant to WAC
479-O5-202 and/or WAC 479-01-060.If an increase is denied,the recipient shall be liable for
costs incurred in excess of the grant amount.Inthe event that final costs related to the speci?c
project are less than the initial grant award,TIB funds willbe decreased andlor refunded to TIB
in a manner that maintains the original ratio between TIB funds and total project costs.
Fuel Tax Agreement Page 3of 5 November20I2
AGENDA ITEM #5. a)
ffr,Washington State Transportation improvement Board P—P-102(P02)-1Ix”:/’Fuel Tax Grant Agreement
12.0 INDEPENDENTCAPACITY
The RECIPIENT shall be deemed an independent contractor for all purposes and the
employees of the RECIPIENT or any of its contractors,subcontractors,and employees thereof
shall not in any manner be deemed employees of TIB.
13.0 INDEMNIFICATIONAND HOLD HARMLESS
The PARTIES agree to the following:
Each of the PARTIES,shall protect,defend,indemnify,and save harmless the other PARTY,its
of?cers,officials,employees,and agents,while acting withinthe scope of their employment as
such,from any and all costs,claims,judgment,and/or awards of damages,arising out of,or in
any way resulting from,that PARTY’s own negligent acts or omissions which may arise in
connection withits performance under this Agreement.No PARTY willbe required to
indemnify,defend,or save harmless the other PARTY ifthe claim,suit,or action for injuries,
death,or damages is caused by the sole negligence of the other PARTY.Where such claims,
suits,or actions result from the concurrent negligence of the PARTIES,the indemnity provisions
provided herein shall be valid and enforceable only to the extent of a PARTY’s own negligence.
Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim,
demand and/or cause of action brought by,or on behalf of,any of its employees or agents.For
this purpose,each of the PARTIES,by mutual negotiation,hereby waives,with respect to the
other PARTY only,any immunitythat would otherwise be available to it against such claims
under the Industrial Insurance provision of Title 51 RCW.In any action to enforce the provisions
of the Section,the prevailing PARTY shall be entitled to recover its reasonable attorney's fees
and costs incurred from the other PARTY.The obligations of this Section shall survive
termination of this Agreement.
14.0 DISPUTE RESOLUTION
a)The PARTIES shall make good faith efforts to quickly and collaboratively resolve any
dispute arising under or in connection withthis AGREEMENT.The dispute resolution
process outlined in this Section applies to disputes arising under or in connection with
the terms of this AGREEMENT.
b)InformalResolution.The PARTIES shall use their best efforts toresolve disputes
promptly and at the lowest organizational level.
c)Inthe event that the PARTIES are unable to resolve the dispute,the PARTIES shall
submit the matter to non-binding mediation facilitated by a mutually agreed upon
mediator.The PARTIES shall share equally in the cost of the mediator.
d)Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute
in order to avoid delays or additional incurred cost to the Project.
e)The PARTIES agree that they shall have no right to seek relief in a court of law until and
unless the Dispute Resolution process has been exhausted.
FuelTax Agreement Page 4 of 5 November2012
AGENDA ITEM #5. a)
\U
F“"-a
Washington State Transportation Improvement Board P~P-102(P02)-1
a‘x,,,//'Fuel Tax Grant Agreement
15.0 ENTIREAGREEMENT
This Agreement,together with the REClPlENT’S Grant Application,the provisions of chapter
47.26 Revised Code of Washington,the provisions of title 479 Washington Administrative Code,
and TIB Policies,constitutes the entire agreement between the PARTIES and supersedes all
previous written or oral agreements between the PARTIES.
16.0 RECORDS MAINTENANCE
The RECIPIENT shall maintain books,records,documents,data and other evidence relating to
this Agreement and performance of the services described herein,including but not limitedto
accounting procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature expended in the performance of this Agreement.RECIPIENT shall retain
such records for a period of six years followingthe date of ?nal payment.At no additional cost,
these records,including materials generated under the Agreement shall be subject at all
reasonable times to inspection,review or audit by TIB personnel duly authorized by TIB,the
Office of the State Auditor,and federal and state of?cials so authorized by law,regulation or
agreement.
Ifany litigation,claim or audit is started before the expiration of the six (6)year period,the
records shall be retained until all litigation,claims,or audit findings involving the records have
been resolved.
Approved as to Form
Attorney General
By:
Signature on file
Guy Bowman
Assistant Attorney General
Lead Agency Transportation Improvement Board
Chief Executive Of?cer Date Executive Director Date
Print Name PrintName
Fuel Tax Agreement Page 5 of 5 November20l2
AGENDA ITEM #5. a)
Transportation Improvement Board
Project Funding Status Form
Agency Name RENTON TIB Project Number:P-P-102(P02)-1
Project Name:Duvall Avenue NE
NE 9th St to NE 10th St
Verify the information below and revise ifnecessary.
Return to:Transportation Improvement Board 0 PO Box 40901 0 Olympia,WA 98504-0901
PROJECT SCHEDULE
Target Dates
Construction Approval Contract Bid Award Contract Completion
02/2019 05/2019 12/2020
PROJECT FUNDING PARTNERS
List additional funding partners and amount.
Funding Partners Amount Revised Funding
RENTON 186,500
WSDOT 0
TOTAL LOCALFUNDS 186,500
Signatures are required from two different agency officials.Return the originally signed form to the TIBof?ce.
Mayor or Public Works Director
Signature Date
Printed or Typed Name Title
Financial Officer
Signature Date
Printed or Typed Name Title
TIB FundingStatus Report
AGENDA ITEM #5. a)