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AGENDA
Utilities Committee Regular Meeting
4:00 PM - Thursday, August 23, 2018
Council Conference Room, 7th Floor, City Hall – 1055 S. Grady Way
1. Varma and Ram Latecomer's Agreement
a) AB - 2178 City Clerk recommends granting a 20-year latecomer agreement, File No. LA-17-
001, in the amount of $188,408, to Kushal Varma and Kajal Ram for sewer main extension
on SE 132nd St., and authorize staff to finalize the latecomer agreement per City Code,
including directing the City Clerk to notify affected property owners.
2. Annual Cedar River Sediment Survey and Analysis Agreement
a) AB - 2196 Utility Systems Division recommends approval of an agreement with Northwest
Hydraulic Consultants, Inc., in the amount of $132,377, for the Annual Cedar River
Sediment Survey and Analysis project.
3. Heather Downs Detention Pond Water Quality Retrofit Project
Grant Agreement
a) AB - 2197 Utility Systems Division recommends approval of the Water Quality Grant
Agreement WQC-2017-Renton-00002, with the Department of Ecology, to accept $93,000
in grant funds for the Heather Down Detention Pond Water Quality Retrofit project. A
$31,000 city match is required.
4. Emerging Issues in Utilities
AB - 2178
City Council Regular Meeting - 13 Aug 2018
SUBJECT/TITLE: Latecomer's Agreement Request: Final Approval for Sanitary Sewer
Extension on SE 132nd St (Varma & Ram, Petitioners) File: LA-17-001
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
City Code allows the City to grant a latecomer agreement when sanitary sewer facilities are installed by a
developer, in order to ensure that each property benefiting from the new facility be assessed its fair share of
the costs. On June 5, 2017, Council granted preliminary approval of a latecomer agreement request (LA-17-
001) to Kushal Varma and Kajal Ram. Following construction and determination of actual costs, staff presents
the latecomer agreement for final approval by Council. Kushal Varma and Kajal Ram have installed the agreed
upon improvement and transferred title of these improvements to the City. The final authorized cost is
$188,408.
EXHIBITS:
A. Issue Paper
B. Latecomer Agreement
STAFF RECOMMENDATION:
Grant a final 20-year latecomer agreement (LA-17-001) to Kushal Varma and Kajal Ram for a sanitary sewer
main extension on SE 132nd St., in the amount of $188,408, and authorize staff to finalize the latecomer
agreement per City Code.
AGENDA ITEM #1. a)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
DATE:
TO:
VIA:
FROM:
STAFF CONTACT:
SUBJECT:
M E M O R A N D U M
August 13, 2018
Ed Prince, Council President
Members of Renton City Council
Denis Law, Mayor
Chip Vincent, CED Administrator
Rohini Nair, Plan Review (x-7298)
Varma/Ram, Latecomer Agreement
LA-17-001 Sanitary Sewer Extension
SE 132nd Street
ISSUE:
Does Council wish to grant final approval for a 20-year latecomer agreement
(LA-17-001) Kushal Varma and Kajal Ram, for the installation of 538 lineal feet of sewer
main along SE 132nd Street west of 156th Ave SE?
RECOMMENDATION:
Grant Kushal Varma and Kajal Ram request for a latecomer agreement and give final
approval for a latecomer agreement to extend the sanitary sewer main along SE
132nd Street west of 156th Ave SE.
BACKGROUND SUMMARY:
On May 4, 2017, Kushal Varma and Kajal Ram submitted an application for a latecomer
agreement. This latecomer agreement would allow the applicants, Kushal Varma and
Kajal Ram, to recover a portion of the costs associated with extending sewer main
along SE 132nd Street west of 156th Ave SE.
On June 5, 2017, Council granted preliminary approval of the Varma/Ram latecomer
request. At that time, the estimated cost of the proposed sewer was $188,408.00.
Latecomer agreements are contracts between the City and a developer for construction
of public works facilities and authorize reimbursement of a developer by other property
owners who did not contribute to the origin a I cost of the facilities and who
subsequently tap into or use the facilities. The proposed latecomer agreement would
AGENDA ITEM #1. a)
Varma/RamLatecomerAgreement LA-17-001
Page 2 of 2
AUgust 13, 2018
require the owners of benefiting properties to pay an equitable share of the cost of
these facilities if they decide to use these facilities.
The propeties to be included in the proposed latecomer agreement did not previously
have sewer service available. The facility installed is a local service facility, and as such,
will only benefit the properties directly adjacent to the new main. Because the only
benefiting parcels are those that front the facility, we have established a direct benefit
charge only. For this area, we chose to calculate the benefited area utilizing a per unit
connection method. This method takes the number of expected connections (fourteen)
and divides the cost of the sewer improvements equally to determine an assessment
amount.
As allowed by City code, developers may ask for reimbursement of a per unit portion of
the original costs for public works facilities they install and turn over to the City.
Kushal Varma and Kajal Ram have extended sewer to serve properties that did not have
sewer service available. Thus, having installed all of the agreed upon improvements,
and having transferred title to all of the improvements to the City, the developer has
completed all of the actions required of him to finalize this latecomer agreement.
The final cost of the installed sewer is $188,408.00 which is the same amount as the
preliminary estimate. The number of expected connections is 14. Therefore, the
assessment, based upon the final cost, is $13,457.71 per unit connection.
CONCLUSION:
City code allows that when sanitary sewer facilities are installed by a developer that the
City grant a latecomer agreement in order to ensure that each property that benefits
from the new facility be assessed its fair share of the costs. Following construction and
the determination of actual costs, staff presents the latecomer agreement for final
approval by Council. Therefore, we recommend that Council approve staf's request to
grant a final 20-year latecomer agreement (LA-17-001} to Kushal Varma and Kajal Ram
for the installation of 538 lineal feet of sewer main along SE 132nd Street.
Attachments
cc: Denis Law, Mayor
Jennifer T. Henning, Planning Director
Lys Hornsby, Utility Systems Director
David Christensen, Wastewater Utility Manager
Brianne Bannwarth, Development Engineering Manager
File
AGENDA ITEM #1. a)
Page 1
Return Address:
City Clerk’s Office
City of Renton
1055 South Grady Way
Renton, WA 98057
Title: LATECOMER’S AGREEMENT Property Tax Parcel Numbers:
142305‐9092; 144260‐0100; 144260‐0110;
144260‐0120; 144260‐0130; 142305‐9100;
142305‐9093; 142305‐9116; 142305‐9115;
142305‐9114; 142305‐9079
Project File #: PRM27‐00049, LA‐17‐001
Grantor(s): Grantee(s):
1. City of Renton, a Municipal Corporation 1. Kushal S. Varma; and
2. Kajal A. Ram
Complete legal description is in Exhibit “B”of this document.
ABBREVIATED LEGAL DESCRIPTION:
A portion of the Northwest Quarter of Section 14, Township 23 North, Range 5 East, Willamette
Meridian, King County, Washington, as described in Exhibit “B”.
THIS LATECOMER’S AGREEMENT (“Agreement”) made and entered into this day of ______,
20 , by and between the CITY OF RENTON, hereinafter referred to as the “Grantor” or “City,” and
KUSHAL S. VARMA and KAJAL A. RAM, husband and wife, hereinafter collectively referred to as the
“Grantee” or “Developer.” The City and Developer are collectively referred to herein as the “Parties”; and
WHEREAS, on August 24, 2017 the Developer sold the property to the current owner Sierra Homes, Inc.,
however the Developer retained the rights to enter into this Agreement with the City and to collect the
latecomer fees collected by the City pursuant to this Agreement; and
WHEREAS, the Developer has installed certain utility systems and appurtenances thereto at, near, or
within the described property and has connected same to the City’s utility system so that such
improvements now are an integral part thereof; and
WHEREAS, no other property owners or users have shared in the cost and expense of construction of such
improvements, and the Parties hereto having in mind the provisions and terms of Chapter 35.91 RCW (the
Municipal Water and Sewer Facilities Act), specifically RCW 35.91.020 (Contracts with owners of real
estate for water or sewer facilities—Requirements—Financing—Reimbursement of costs); and
WHEREAS, the Developer has paid all the costs and expenses for the installation of said improvements;
and
AGENDA ITEM #1. a)
PRM27‐0049: SEWER MAIN EXTENSION ON SE 132ND ST
(VARMA & RAM PETITIONERS) LATECOMER AGREEMENT (LA‐17‐001)
Page 2
WHEREAS, the owners of record of the benefited properties listed in Exhibit ”D” received the following
notices:
A. A Notice of Potential Assessment on June 8, 2017; and no appeal was filed within twenty (20)
days of the notice mailing; and
B. A Notice of Potential Final Assessment on ________, 2018; and no appeal was filed within
twenty (20) days.
NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
1. The Developer hereby acknowledges and covenants that at the time of preliminary approval
of this Agreement by the Renton City Council it was the owner of the property described in Exhibit “A”
and the Developer further agrees and covenants that it has not assigned any rights to collect the
latecomer’s fees described herein to any other party.
Developer hereby acknowledges and covenants that on August 24, 2017, the Developer sold the property
to the current owner Sierra Homes, Inc., however the Developer retained the rights to enter into this
Agreement with the City and to collect the latecomer fees collected by the City pursuant to this
Agreement.
2. The Developer has installed the following described improvements (hereinafter
“improvements”), to wit:
A. 538 Linear Feet of 8” PVC Sewer Main; and
B. 2 – 48” Diameter Manholes.
and such installation made according to plans and specifications approved by the City, made in full
compliance with the Developer’s obligations under this Agreement, and all applicable codes and
regulations of the City. Developer acknowledges all improvements are subject to inspection and approval
of the City.
Developer covenants that said improvements are fit for the use for which they are intended. Developer
guarantees the workmanship and materials in said improvements for a period of two (2) years after the
date of acceptance by the City.
3. The Developer further covenants and warrants that all expenses and claims in connection
with the construction and installation of the improvements, whether for labor or materials or both, have
been or will be paid in full, all at the Developer’s expense, and the Developer covenants and agrees to
hold the City harmless from any liability in connection therewith.
AGENDA ITEM #1. a)
PRM27‐0049: SEWER MAIN EXTENSION ON SE 132ND ST
(VARMA & RAM PETITIONERS) LATECOMER AGREEMENT (LA‐17‐001)
Page 3
4. The Developer further certifies that the total cost of said construction as herein above
specified is $188,408.00. The legal descriptions of the benefitted properties which comprise the
latecomer boundary are attached hereto as Exhibit “B”. The map of the latecomer’s boundary is attached
hereto as Exhibit “C”. The Final Assessment Roll detailing the benefited properties’ legal descriptions and
the amount of the assessment for each property is attached hereto as Exhibit “D”.
5. The total amount of the cost of said improvement shall be employed to determine the pro
rata reimbursement to the Developer by any owner of real estate who did not contribute to the original
cost of such improvement, and who subsequently taps into, or hooks up to, or benefits from said facilities,
which tap or hookup shall include connections to lateral or branches connecting thereto, all subject to the
laws and ordinances of the City and the provisions of this Agreement.
Total Cost associated with latecomer work: $188,408.00
The method of assessment to be used: Per Unit Connection
Number of Units (including developer share): 14
The pro rata cost is: $13,457.71 per Unit
The portion of the cost Developer responsible for: $13,457.71
The portion of total cost that may be reimbursed: $174,950.29
6. Criteria for Triggering of Latecomer Assessment: The assessment from this Agreement will
be triggered when a property within the latecomer boundary area benefits from the facility either through
connecting to the sewer main or by utilizing the sewer main to fulfill a condition of further developing
their property.
7. It is hereby found and determined that the construction and installation of said improvements
is in the public interest.
8. The Developer hereby agrees and covenants that the City shall verify and approve all contracts
and costs related to the improvements.
9. The Developer hereby agrees and covenants, at its sole cost, to convey, transfer, and assign
unto the City all rights, interest and title in and to said improvements and all appurtenances and
accessories thereto, free from any claim and encumbrance of any party whomsoever; City agrees to
accept and maintain said improvement as part of its present system upon approval thereof by the
Administrator of the Public Works Department or his/her authorized representative and after inspection
of said construction. The Developer further agrees and covenants to execute and to deliver unto the City
any and all documents including Quitclaim Deeds and Bills of Sale that may reasonably be necessary to
fully vest title to the City and to effectuate this conveyance and transfer, at its sole cost.
10. The Developer agrees and covenants to pay unto the City such service charges or other
charges as may be imposed by the City for use of the improvements for which this agreement is granted.
AGENDA ITEM #1. a)
PRM27‐0049: SEWER MAIN EXTENSION ON SE 132ND ST
(VARMA & RAM PETITIONERS) LATECOMER AGREEMENT (LA‐17‐001)
Page 4
11. The City reserves the right, without affecting the validity or terms of this Agreement, to make
or cause to be made extensions to or additions of the above improvements and to allow service
connections to be made to said extensions or additions, without liability on the part of the City.
12. No person, firm, or corporation shall be granted a permit to use or be authorized to tap into
the facility during the period of twenty (20) years (unless extended by the City Council) from the date
hereof, without first paying unto the City, in addition to any and all other costs, fees, and charges made
or assessed for each tap, or for the main facilities constructed in connection therewith, the amount
required by the provisions of this Agreement except such charges shall not apply to any extension of the
main facility. Furthermore, in case any tap, hookup, or connection is made into any such contracted facility
without such payment having been first made, the legislative body of the City may cause to have removed
such unauthorized tap, hookup, or connection, and all connections or related accessories located in the
facility or right‐of‐way, and dispose of such unauthorized material so removed, without any liability on
the part of the City whatsoever. It is further agreed, and covenanted that upon expiration of the terms of
this Agreement; to wit: twenty (20) years (unless extended by the City Council) from date hereof, the City
shall be under no further obligation to collect or make any further sums unto the Developer.
13. The decision of the Administrator of the Public Works Department or his/her authorized
representative in determining or computing the amount due from any benefited owner who wishes to
hookup to such improvement shall be final and conclusive in all respects.
14. It is further agreed and understood that the improvements constructed and paid for by the
Developer have been connected to the utilities system of the City, and upon acceptance by the City
through its legislative body, said extension and/or improvements shall be and become a part of the
municipal utilities system.
15. This Agreement shall be placed for record with the King County Recorder’s Office within thirty
(30) days of final execution of the Agreement, at Developer’s sole cost.
16. Before the City will collect any latecomer’s fee, the Developer will, at its sole cost, transfer
title to all of the improvements under this Agreement to the City.
17. The Developer covenants and agrees to be responsible for notifying the City if the rights
hereunder are sold or transferred, and to whom the latecomer’s fee should be paid. The Developer further
covenants and agrees to be responsible for keeping the City informed of its correct mailing address.
A. Pursuant to RCW 35.91.020(6) and RMC 9‐5‐11 The Developer agrees and covenants that it
shall every two (2) years from the date this Agreement is executed provide the City with
information regarding the current name, address and telephone number of the Developer.
B If Developer fails to comply with the notification requirements herein stated within sixty (60)
days of the specified time, the Developer hereby assigns to the City the benefit and right to
the latecomer’s fees and the City may collect latecomer’s fees owed to the Developer, which
shall be deposited in the City’s capital fund.
AGENDA ITEM #1. a)
PRM27‐0049: SEWER MAIN EXTENSION ON SE 132ND ST
(VARMA & RAM PETITIONERS) LATECOMER AGREEMENT (LA‐17‐001)
Page 5
C. Pursuant to RMC 9‐5‐11 should the City be unable to locate the holder of this Agreement in
order to deliver a latecomer fee, the City shall undertake an independent investigation to
determine the location of the Developer. Should the City after a good faith attempt to locate
the Developer be unable to do so, then the latecomer’s fee shall be placed in the Special
Deposit Fund held by the City for two (2) years. At any time within the two‐year period the
Developer may receive the latecomer’s fee, without interest, by applying to the City for that
latecomer’s fee. After the expiration of the two‐year period, all rights of the Developer to
that fee shall expire, and the City shall be deemed to be the owner of those funds.
D. Pursuant to RMC 9‐5‐10 when the City has received the funds for a latecomer’s fee, it will
forward that fee, less an administration and collection fee as described in Section 18 below,
to the Developer within thirty (30) days of receipt of the funds. Funds received by negotiable
instrument, such as a check, will be deemed received ten (10) days after delivery to the City.
Should the City fail to forward the latecomer’s fee to the Developer through the City’s sole
negligence, then the City shall pay the Developer interest on those monies at the rate of
twelve (12%) percent per annum. However, should the Developer not keep the City informed
of its current correct mailing address, or should the Developer otherwise be negligent and
thus contribute to the failure of the City to pay over the latecomer’s fee, then no interest shall
accrue on late payment of the latecomer’s fee.
E. Notices: All notices pursuant to this Agreement shall be sent to the following addresses:
City of Renton:
City Clerk
City of Renton
1055 South Grady Way
Renton, WA 98057
Developer:
Kushal S Varma & Kajal A Ram
2609 NE 5th CT
Renton, WA 98056
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in
the U.S. mail with proper postage and address.
18. The City shall collect an administration and collection fee at the time funds are collected under
this Agreement. The amount of the fee retained by the City when funds are collected will be a percentage
based upon the following:
A. If the portion of total cost that may be reimbursed is $20,000 or less, the City will retain a fee
equal to fifteen percent (15%) of each amount collected under this Agreement.
AGENDA ITEM #1. a)
PRM27‐0049: SEWER MAIN EXTENSION ON SE 132ND ST
(VARMA & RAM PETITIONERS) LATECOMER AGREEMENT (LA‐17‐001)
Page 6
B. If the portion of total cost that may be reimbursed is more than $20,000 but not more than
$100,000, the City will retain a fee equal to ten percent (10%) of each amount collected under
this Agreement.
C. If the portion of total cost that may be reimbursed is more than $100,000, the City will retain
a fee equal to five percent (5%) of each amount collected under this Agreement.
19. This Agreement is granted for a period of up to but not to exceed twenty (20) years. This
Agreement will expire at the end of the period of time established by the City Council unless the City
Council agrees to extend it in accordance with RCW 35.91.020(4) as it exists or is hereinafter amended.
20. By instituting this Agreement, the City does not agree to assume any responsibility to enforce
this Agreement. The recorded Agreement will be a matter of public record and will serve as a notice to
the owners of the benefited properties should connection to the improvements be made. The assessment
roll listing the benefited properties and the pro rata potential latecomer charge for each will be on file
with the City. The Developer has responsibility to monitor those parties connecting to the improvement.
Should the City become aware of such a connection it will use its best efforts to collect the latecomer’s
fee, but shall not incur any liability should it inadvertently fail to collect the latecomer’s fee.
21. Indemnification: The Developer agrees to indemnify, defend and hold the City harmless from
any and all liability resulting from:
A. Any claims asserted by any third party:
1. To said improvements and all appurtenances and accessories thereto, which
improvements are to be free from any claim and encumbrance of any party
whomsoever; and
2. To the right to receive the latecomer fees collected pursuant to this Agreement.
B. Regarding the accuracy of the legal descriptions contained herein. The City is relieved of all
responsibility under this Agreement for collecting from properties not properly included in
the descriptions set forth in this Agreement.
22. Laws, Venue, Jurisdiction, Severability: This Agreement is entered into under the laws of the
State of Washington, and Washington law shall apply to the interpretation thereof.
Venue and Jurisdiction to enforce all obligations under this Agreement shall lie in King County
Superior Court.
In the event a court of competent jurisdiction declares any material provision of Agreement
invalid, unconstitutional, or otherwise unenforceable, any Party may elect to terminate the remainder of
this Agreement. In the event a non‐material provision of this Agreement is declared invalid,
AGENDA ITEM #1. a)
PRM27‐0049: SEWER MAIN EXTENSION ON SE 132ND ST
(VARMA & RAM PETITIONERS) LATECOMER AGREEMENT (LA‐17‐001)
Page 7
unconstitutional or otherwise unenforceable, such provisions hereof as are not affected by such
declaration shall remain in full force and effect.
22. This Agreement contains the entire agreement between the Parties and may only be modified
by the written agreement of the Parties.
CITY OF RENTON
By:
Denis Law, Mayor
ATTEST:
By:
Jason A. Seth, City Clerk
STATE OF WASHINGTON ) SS
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Denis Law is the person who appeared before me, and who
signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged as the
Mayor of the City of Renton to be to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
_______________________________________________
Notary Public in and for the State of Washington
Notary (Print) ____________________________________
My appointment expires:___________________________
Dated: __________________________________________
AGENDA ITEM #1. a)
PRM27‐0049: SEWER MAIN EXTENSION ON SE 132ND ST
(VARMA & RAM PETITIONERS) LATECOMER AGREEMENT (LA‐17‐001)
Page 8
DEVELOPER
By: _____
Kushal S. Varma
By: _____
Kajal A. Ram
STATE OF WASHINGTON ) SS
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Kushal S. Varma signed this instrument and acknowledged it
to be his/her free and voluntary act for the uses and purposes mentioned in the instrument.
_______________________________________________
Notary Public in and for the State of Washington
Notary (Print) ____________________________________
My appointment expires:___________________________
Dated: __________________________________________
STATE OF WASHINGTON ) SS
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Kajal A. Ram signed this instrument and acknowledged it to
be his/her free and voluntary act for the uses and purposes mentioned in the instrument.
_______________________________________________
Notary Public in and for the State of Washington
Notary (Print) ____________________________________
My appointment expires:___________________________
Dated: __________________________________________
Exhibits:
Exhibit “A” –Legal Description of Developer’s Property
Exhibit “B” –Legal Descriptions of Benefited Properties Which Comprise the Latecomer Boundary
Exhibit “C” – Map of Latecomer’s Boundary
Exhibit “D” –Final Assessment Roll
AGENDA ITEM #1. a)
Exhibit "A"
Legal Description of Developer's Property
PARCEL 7 TL# 142305-9092 Current owner : Sierra Homes Inc. ( previous owner
at time of preliminary latecomer: Kushal Varma & Kajal Ram)
That portion of the South Quarter of the South Half of the Northeast Quarter of the
Northwest quarter of Section 14, Township 23 North, Range 5 East, W.M., in King
County, Washington, described as follows; Beginning at the North quarter corner of
said section; Thence along the centerline of said section South 0°28’50” West, 1133.20
feet; thence North 88°11’32” West, 30 feet; thence South 0°28’50” west 78.77 feet to
the true point of beginning for this description; thence continuing South 0°28’50” West
42.98 feet; thence along a curve to the right having a radius of 35.00 feet, an arc
distance of 55.80 feet, through a central angle of 91°21’02”; thence North 88°10’08”
West 89.17 feet; thence North 0°28’50” East 78.76 feet; thence South 88°11’32” East
125.00 feet to the true point of beginning.
AGENDA ITEM #1. a)
LEGAL DESCRIPTIONS OF BENEFITED PARCELS WHICH
COMPRISE THE LATECOMER BOUNDARY ‐ Page 1 of 5
Exhibit “B”
Legal Descriptions of Benefited Properties Which
Comprise the Latecomer Boundary
PARCEL 1 KC Tax Act # 1442600100
15413 SE 132nd Street, Renton, WA 98059‐6719
Lot 10, Cedar Crest Estates, According to the Plat thereof Recorded in Volume 95 of Plats, page
54, Records of King County, Washington.
PARCEL 2 KC Tax Act # 1442600110
15421 SE 132nd Street, Renton, WA 98059‐6719
Lot 11, Cedar Crest Estates, According to the Plat thereof Recorded in Volume 95 of Plats, page
54, Records of King County, Washington.
PARCEL 3 KC Tax Act # 1442600120
15429 SE 132nd Street, Renton, WA 98059‐6719
Lot 12, Cedar Crest Estates, According to the Plat thereof Recorded in Volume 95 of Plats, page
54, Records of King County, Washington.
PARCEL 4 KC Tax Act # 1442600130
15437 SE 132nd Street, Renton, WA 98059‐6719
Lot 13, Cedar Crest Estates, According to the Plat thereof Recorded in Volume 95 of Plats, page
54, Records of King County, Washington.
AGENDA ITEM #1. a)
LEGAL DESCRIPTIONS OF BENEFITED PARCELS WHICH
COMPRISE THE LATECOMER BOUNDARY ‐ Page 2 of 5
PARCEL 5 KC Tax Act # 1423059100
15515 SE 132nd Street, Renton, WA 98059‐6719
The west 75 feet of the east 200 feet of the following described property:
That portion of the southeast quarter of the Northwest quarter of Section 14, Township 23
North, Range 5 East, W.M, in King County, Washington, described as follows:
Beginning at a point North 89°55'44" West 30 feet and North 00°28'02" West, 1,132.57 feet
from the center of said Section 14; Thence continuing parallel to the east line of said Southeast
quarter of the Northwest quarter North 00°28'02" West 157.51 feet, more or less; to an
intersection with a line 30 feet Southerly and parallel to the North line of said Southeast
quarter of the Northwest quarter; Thence along said parallel line North 89°06'36" West,
1,249.03 feet; Thence 30 feet Easterly of and parallel to the West line of said subdivision, South
00°33'02" East 157.07 feet to a point which bears North 89°05' 16" West from the point of
beginning; Thence south 89°05'16" east 1,248.79 feet to the point of beginning.
PARCEL 6 KC Tax Act # 1423059093
13203 156th Ave SE, Renton, WA 98059‐6719
The East 125 feet of the North 78 ½ feet of the East 200 feet of the following tract of land; That
portion of the Southeast quarter of the Northwest quarter of Section 14, Township 23 North,
Range 5 East, W.M., in King County, Washington, described as follows; Beginning at a point
North 88°55’44” West 30 feet and North 0°28’02” West 1132.57 feet from the center of said
section 14; Thence continuing parallel to the East line of said Southeast quarter of the
Northwest quarter. North 0°28’02” West 157.51 feet, more or less, to an intersection with a
line 30 feet Southerly and parallel to the North line of said Southeast quarter of the Northwest
quarter; Thence along said parallel line North 89°06’36” West 1249.03 feet; Thence 30 feet
Easterly of and parallel to the West line of said subdivision South 0°33’02” East 157.07 feet to a
point which bears North 89°05’16” West from the point of beginning; Thence South 89°05’16”
East 1248.79 feet to the true point of beginning.
Parcel 7 KC Tax Act # 1423059092
15522 SE 132nd Street, Renton, WA 98059‐6719
AGENDA ITEM #1. a)
LEGAL DESCRIPTIONS OF BENEFITED PARCELS WHICH
COMPRISE THE LATECOMER BOUNDARY ‐ Page 3 of 5
That portion of the South Quarter of the South Half of the Northeast Quarter of the Northwest
quarter of Section 14, Township 23 North, Range 5 East, W.M., in King County, Washington,
described as follows; Beginning at the North quarter corner of said section; Thence along the
centerline of said section South 0°28’50” West, 1133.20 feet; thence North 88°11’32” West, 30
feet; thence South 0°28’50” west 78.77 feet to the true point of beginning for this description;
thence continuing South 0°28’50” West 42.98 feet; thence along a curve to the right having a
radius of 35.00 feet, an arc distance of 55.80 feet, through a central angle of 91°21’02”; thence
North 88°10’08” West 89.17 feet; thence North 0°28’50” East 78.76 feet; thence South
88°11’32” East 125.00 feet to the true point of beginning.
PARCEL 8 KC Tax Act # 1423059116
15514 SE 132nd Street, Renton, WA 98059‐6719
Lot D of Lot Line Adjustment Application recorded under Auditor's File No; 8410010783, being a
portion of the following:
Lot 4 of King County Short Plat No. 484056, recorded under King County Recording No.
8409130561, being a portion of the South half of that portion of the South half of the Northeast
quarter of the Northwest quarter of Section 14, Township 23 North, Range 5 East, W.M.; In King
County, Washington, lying North of the South 30 feet of said South half,
TOGETHER WITH the South 30 feet of the Northeast quarter of the Northwest quarter of said
section
EXCEPT the West 595.72 feet;
EXCEPT that portion described as follows: Beginning at the North quarter corner of said section;
thence along the center line of said Section South 00°28'50" West, 1133.20 feet; thence North
88°11'32" West, 30.01 feet to the TRUE POINT of BEGINNING for this description; thence South
00°28'50" West, 121.75 feet; Thence along a curve to the right having a radius of 35.00 feet, an
arc distance of 55.80 feet, through a central angle of 91°21'02"; Thence North 88°10'08" West,
89.17 feet; Thence North 00°28'50” East, 157.53 feet, Thence South 88°11'32" East; 125 feet to
the TRUE POINT OF BEGINNING.
EXCEPT that portion described as follows: Beginning North 88°10'08" West, 488.91 feet and
North 01°49'52" East, 30 feet from the Southeast corner thereof; Thence North 01°49'52" East,
157.35 feet; Thence North 88°11'32" West, 83.30 feet, Thence South 01°49'52" West, 175.31
feet; Thence South 88°10'08" East, 83.30 feet to the TRUE POINT OF BEGINNING and EXCEPT
the East 30 feet of the remainder thereof.
AGENDA ITEM #1. a)
LEGAL DESCRIPTIONS OF BENEFITED PARCELS WHICH
COMPRISE THE LATECOMER BOUNDARY ‐ Page 4 of 5
PARCEL 9 KC Tax Act # 1423059115
15430 SE 132nd Street, Renton, WA 98059‐6719
Lot C of Lot Line Adjustment Application recorded under Auditor's File No; 8410010783, being a
portion of the following:
A portion of Lot 3 of King County Short Plat No. 484056, recorded under King County Recording
No. 8409130561, being a portion of the South half of that portion of the South half of the
Northeast quarter of the Northwest quarter of Section 14, Township 23 North, Range 5 East,
W.M.; In King County, Washington, lying North of the South 30 feet of said South half,
TOGETHER WITH the South 30 feet of the Northeast quarter of the Northwest quarter of said
section
EXCEPT the West 595.72 feet;
EXCEPT that portion described as follows: Beginning at the North quarter corner of said section;
thence along the center line of said Section South 00°28'50" West, 1133.20 feet; thence North
88°11'32" West, 30.01 feet to the TRUE POINT of BEGINNING for this description; thence South
00°28'50" West, 121.75 feet; Thence along a curve to the right having a radius of 35.00 feet, an
arc distance of 55.80 feet, through a central angle of 91°21'02"; Thence North 88°10'08" West,
89.17 feet; Thence North 00°28'50” East, 157.53 feet, Thence South 88°11'32" East; 125 feet to
the TRUE POINT OF BEGINNING.
EXCEPT that portion described as follows: Beginning North 88°10'08" West, 488.91 feet and
North 01°49'52" East, 30 feet from the Southeast corner thereof; Thence North 01°49'52" East,
157.35 feet; Thence North 88°11'32" West, 83.30 feet, Thence South 01°49'52" West, 175.31
feet; Thence South 88°10'08" East, 83.30 feet to the TRUE POINT OF BEGINNING and EXCEPT
the East 30 feet of the remainder thereof.
PARCEL 10 KC Tax Act # 1423059114
15418 SE 132nd Street, Renton, WA 98059‐6719
Lot A of Lot Line Adjustment Application recorded under Auditor's Fl1e No; 8410010783, being
a portion of the following:
AGENDA ITEM #1. a)
LEGAL DESCRIPTIONS OF BENEFITED PARCELS WHICH
COMPRISE THE LATECOMER BOUNDARY ‐ Page 5 of 5
Lot 2 and 3 of King County Short Plat No. 484056, recorded under King County Recording No.
8409130561, being a portion of the South half of that portion of the South half of the Northeast
quarter of the Northwest quarter of Section 14, Township 23 North, Range 5 East, W.M.; In King
County, Washington, lying North of the South 30 feet of said South half,
TOGETHER WITH the South 30 feet of the Northeast quarter of the Northwest quarter of said
section
EXCEPT the West 595.72 feet;
EXCEPT that portion described as follows: Beginning at the North quarter corner of said section;
thence along the center line of said Section South 00°28'50" West, 1133.20 feet; thence North
88°11'32" West, 30.01 feet to the TRUE POINT of BEGINNING for this description; thence South
00°28'50" West, 121.75 feet; Thence along a curve to the right having a radius of 35.00 feet, an
arc distance of 55.80 feet, through a central angle of 91°21'02"; Thence North 88°10'08" West,
89.17 feet; Thence North 00°28'50” East, 157.53 feet, Thence South 88°11'32" East; 125 feet to
the TRUE POINT OF BEGINNING.
EXCEPT that portion described as follows: Beginning North 88°10'08" West, 488.91 feet and
North 01°49'52" East, 30 feet from the Southeast corner thereof; Thence North 01°49'52" East,
157.35 feet; Thence North 88°11'32" West, 83.30 feet, Thence South 01°49'52" West, 175.31
feet; Thence South 88°10'08" East, 83.30 feet to the TRUE POINT OF BEGINNING and EXCEPT
the East 30 feet of the remainder thereof.
PARCEL 11 KC Tax Act # 1423059079
15416 SE 132nd Street, Renton, WA 98059‐6719
Lot B of King County Lot Line adjustment number 984076, under King County recording number
8410010783, in King County, Washington
Situate in the County of King State of Washington.
AGENDA ITEM #1. a)
Affected Parcels Varma.Ram Latecomers AgreementNOTE: Lots 1 thru 7 & 11 max 1 unitLots 8 thru 10 max 2 unitsExhibit "C"MAP OF LATECOMER BOUNDARY
AGENDA ITEM #1. a)
Exhibit “D”
CITY OF RENTON
FINAL ASSESSMENT ROLL
VARMA / RAM SE 132ND STREET, SEWER LATECOMER
LA‐17‐001/PRM‐27‐0049
Type: Sanitary Sewer Improvements Total Cost: $188,408.00
Latecomer PRM‐27‐0049: Collection Line
Total Cost: $188,408.00
Total Units/ Connections 14
Cost per Unit / Connection: $13,457.71
Property
Identification
Name/Address of Owner Assessment
Amount
Assessment Method and
Number of Units
FINAL ASSESSMENT ROLL ‐ Page 1 of 7
Parcel # 1 LESLIE, ANNETTE MARIE
15413 SE 132nd Street,
Renton, WA 98059‐6719
$13,457.71 Per unit connection
(maximum 1 unit)
KC Tax Act # 1442600100
Legal Description: LOT 10, CEDAR CREST ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 95 OF PLATS, PAGE 54, RECORDS OF KING COUNTY, WASHINGTON.
Parcel # 2 BOSSE, MITCHELL E
15421 SE 132nd Street,
Renton, WA 98059‐6719
$13,457.71 Per unit connection
(maximum 1 unit)
KC Tax Act # 1442600110
Legal Description: LOT 11, CEDAR CREST ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 95 OF PLATS, PAGE 54, RECORDS OF KING COUNTY, WASHINGTON.
Parcel # 3 MILLETT, CLINTON EARL &
SANDRA
15429 SE 132nd Street,
Renton, WA 98059‐6719
$13,457.71 Per unit connection
(maximum 1 unit)
KC Tax Act # 1442600120
Legal Description: LOT 12, CEDAR CREST ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 95 OF PLATS, PAGE 54, RECORDS OF KING COUNTY, WASHINGTON.
AGENDA ITEM #1. a)
CITY OF RENTON
FINAL ASSESSMENT ROLL
VARMA / RAM SE 132ND STREET, SEWER LATECOMER
LA‐17‐001/PRM‐27‐0049
Property
Identification
Name/Address of Owner Assessment
Amount
Assessment Method and
Number of Units
FINAL ASSESSMENT ROLL ‐ Page 2 of 7
Parcel # 4 BERAVOL, POOJITHA, &
BHATNAGAR, ANANT
15437 SE 132nd Street,
Renton, WA 98059‐6719
$13,457.71 Per unit connection
(maximum 1 unit)
KC Tax Act # 1442600130
Legal Description: LOT 13, CEDAR CREST ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 95 OF PLATS, PAGE 54, RECORDS OF KING COUNTY, WASHINGTON.
Parcel # 5 ENGEL, TERRY W &
CHRISTIE A
15515 SE 132nd Street,
Renton, WA 98059‐6719
$13,457.71 Per unit connection
(maximum 1 unit)
KC Tax Act # 1423059100
Legal Description: THE WEST 75 FEET OF THE EAST 200 FEET OF THE FOLLOWING DESCRIBED
PROPERTY:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M, IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT NORTH 89°55'44" WEST 30 FEET AND NORTH 00°28'02"
WEST, 1,132.57 FEET FROM THE CENTER OF SAID SECTION 14; THENCE
CONTINUING PARALLEL TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER NORTH 00°28'02" WEST 157.51 FEET, MORE OR LESS; TO
AN INTERSECTION WITH A LINE 30 FEET SOUTHERLY AND PARALLEL TO THE
NORTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER;
THENCE ALONG SAID PARALLEL LINE NORTH 89°06'36" WEST, 1,249.03 FEET;
THENCE 30 FEET EASTERLY OF AND PARALLEL TO THE WEST LINE OF SAID
SUBDIVISION, SOUTH 00°33'02" EAST 157.07 FEET TO A POINT WHICH BEARS
NORTH 89°05' 16" WEST FROM THE POINT OF BEGINNING; THENCE SOUTH
89°05'16" EAST 1,248.79 FEET TO THE POINT OF BEGINNING.
AGENDA ITEM #1. a)
CITY OF RENTON
FINAL ASSESSMENT ROLL
VARMA / RAM SE 132ND STREET, SEWER LATECOMER
LA‐17‐001/PRM‐27‐0049
Property
Identification
Name/Address of Owner Assessment
Amount
Assessment Method and
Number of Units
FINAL ASSESSMENT ROLL ‐ Page 3 of 7
Parcel # 6 BURGESS, JULIE M
13203 156TH AVE SE,
Renton, WA 98059‐6719
$13,457.71 Per unit connection
(maximum 1 unit)
KC Tax Act # 1423059093
Legal Description: THE EAST 125 FEET OF THE NORTH 78 ½ FEET OF THE EAST 200 FEET OF THE
FOLLOWING TRACT OF LAND; THAT PORTION OF THE SOUTHEAST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5
EAST, W.M.. IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT NORTH 88°55’44” WEST 30 FEET AND NORTH 0°28’02”
WEST 1132.57 FEET FROM THE CENTER OF SAID SECTION 14; THENCE
CONTINUING PARALLEL TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER. NORTH 0°28’02” WEST 157.51 FEET, MORE OR LESS, TO
AN INTERSECTION WITH A LINE 30 FEET SOUTHERLY AND PARALLED TO THE
NORTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER;
THENCE ALONG SAID PARALLEL LINE NORTH 89°06’36” WEST 1249.03 FEET;
THENCE 30 FEET EASTERLY OF AND PARALLEL TO THE WEST LINE OF SAID
SUBDIVISION SOUTH 0°33’02” EAST 157.07 FEET TOA POINT WHICH BEARS
NORTH 89°05’16” WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 89°
05’16” EAST 1248.79 FEET TO THE TRUE POINT OF BEGINNING.
Parcel # 7 SIERRA HOMES INC.
15522 SE 132nd Street,
Renton, WA 98059‐6719
$13,457.71 Per unit connection
(maximum 1 unit)
KC Tax Act # 1423059092
Legal Description: THAT PORTION OF THE SOUTH QUARTER OF THE SOUTH HALF OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTH QUARTER CORNER OF SAID
SECTION; THENCE ALONG THE CENTERLINE OF SAID SECTION SOUTH 0°28’50”
WEST, 1133.20 FEET; THENCE NORTH 88°11’32” WEST, 30 FEET; THENCE SOUTH
0°28’50” WEST 78.77 FEET TO THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION; THENCE CONTINUING SOUTH 0°28’50” WEST 42.98 FEET; THENCE
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET, AN ARC
DISTANCE OF 55.80 FEET, THROUGH A CENTRAL ANGLE OF 91°21’02”; THENCE
NORTH 88°10’08” WEST 89.17 FEET; THENCE NORTH 0°28’50” EAST 78.76 FEET;
THENCE SOUTH 88°11’32” EAST 125.00 FEET TO THE TRUE POINT OF BEGINNING.
AGENDA ITEM #1. a)
CITY OF RENTON
FINAL ASSESSMENT ROLL
VARMA / RAM SE 132ND STREET, SEWER LATECOMER
LA‐17‐001/PRM‐27‐0049
Property
Identification
Name/Address of Owner Assessment
Amount
Assessment Method and
Number of Units
FINAL ASSESSMENT ROLL ‐ Page 4 of 7
Parcel # 8 TACHER, MICHAEL
15514 SE 132nd Street,
Renton, WA 98059‐6719
$13,457.71
(Maximum
amount
$26,915.42)
Per unit connection
(maximum 2 units)
KC Tax Act # 1423059116
Legal Description: LOT D OF LOT LINE ADJUSTMENT APPLICATION RECORDED UNDER AUDITOR'S
FILE NO; 8410010783, BEING A PORTION OF THE FOLLOWING:
LOT 4 OF KING COUNTY SHORT PLAT NO. 484056, RECORDED UNDER KING
COUNTY RECORDING NO. 8409130561, BEING A PORTION OF THE SOUTH HALF
OF THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST,
W.M.; IN KING COUNTY, WASHINGTON, LYING NORTH OF THE SOUTH 30 FEET OF
SAID SOUTH HALF,
TOGETHER WITH THE SOUTH 30 FEET OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION
EXCEPT THE WEST 595.72 FEET;
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH
QUARTER CORNER OF SAID SECTION; THENCE ALONG THE CENTER LINE OF SAID
SECTION SOUTH 00°28'50" WEST, 1133.20 FEET; THENCE NORTH 88°11'32" WEST,
30.01 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE
SOUTH 00°28'50" WEST, 121.75 FEET; THENCE ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 35.00 FEET, AN ARC DISTANCE OF 55.80 FEET, THROUGH A
CENTRAL ANGLE OF 91°21'02"; THENCE NORTH 88°10'08" WEST, 89.17 FEET;
THENCE NORTH 00°28'50” EAST, 157.53 FEET, THENCE SOUTH 88°11'32" EAST;
125 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING NORTH 88°10'08"
WEST, 488.91 FEET AND NORTH 01°49'52" EAST, 30 FEET FROM THE SOUTHEAST
CORNER THEREOF; THENCE NORTH 01°49'52" EAST, 157.35 FEET; THENCE NORTH
88°11'32" WEST, 83.30 FEET, THENCE SOUTH 01°49'52" WEST, 175.31 FEET;
THENCE SOUTH 88°10'08" EAST, 83.30 FEET TO THE TRUE POINT OF BEGINNING
AND EXCEPT THE EAST 30 FEET OF THE REMAINDER THEREOF.
AGENDA ITEM #1. a)
CITY OF RENTON
FINAL ASSESSMENT ROLL
VARMA / RAM SE 132ND STREET, SEWER LATECOMER
LA‐17‐001/PRM‐27‐0049
Property
Identification
Name/Address of Owner Assessment
Amount
Assessment Method and
Number of Units
FINAL ASSESSMENT ROLL ‐ Page 5 of 7
Parcel # 9 TACHER, MICHAEL G. &
SHAUNNA J.
15430 SE 132nd Street,
Renton, WA 98059‐6719
$13,457.71
(Maximum
amount
$26,915.42)
Per unit connection
(maximum 2 units)
KC Tax Act # 1423059115
Legal Description: LOT C OF LOT LINE ADJUSTMENT APPLICATION RECORDED UNDER AUDITOR'S
FILE NO; 8410010783, BEING A PORTION OF THE FOLLOWING:
A PORTION OF LOT 3 OF KING COUNTY SHORT PLAT NO. 484056, RECORDED
UNDER KING COUNTY RECORDING NO. 8409130561, BEING A PORTION OF THE
SOUTH HALF OF THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH,
RANGE 5 EAST, W.M.; IN KING COUNTY, WASHINGTON, LYING NORTH OF THE
SOUTH 30 FEET OF SAID SOUTH HALF,
TOGETHER WITH THE SOUTH 30 FEET OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION
EXCEPT THE WEST 595.72 FEET;
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH
QUARTER CORNER OF SAID SECTION; THENCE ALONG THE CENTER LINE OF SAID
SECTION SOUTH 00°28'50" WEST, 1133.20 FEET; THENCE NORTH 88°11'32" WEST,
30.01 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE
SOUTH 00°28'50" WEST, 121.75 FEET; THENCE ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 35.00 FEET, AN ARC DISTANCE OF 55.80 FEET, THROUGH A
CENTRAL ANGLE OF 91°21'02"; THENCE NORTH 88°10'08" WEST, 89.17 FEET;
THENCE NORTH 00°28'50” EAST, 157.53 FEET, THENCE SOUTH 88°11'32" EAST;
125 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING NORTH 88°10'08"
WEST, 488.91 FEET AND NORTH 01°49'52" EAST, 30 FEET FROM THE SOUTHEAST
CORNER THEREOF; THENCE NORTH 01°49'52" EAST, 157.35 FEET; THENCE NORTH
88°11'32" WEST, 83.30 FEET, THENCE SOUTH 01°49'52" WEST, 175.31 FEET;
THENCE SOUTH 88°10'08" EAST, 83.30 FEET TO THE TRUE POINT OF BEGINNING
AND EXCEPT THE EAST 30 FEET OF THE REMAINDER THEREOF.
AGENDA ITEM #1. a)
CITY OF RENTON
FINAL ASSESSMENT ROLL
VARMA / RAM SE 132ND STREET, SEWER LATECOMER
LA‐17‐001/PRM‐27‐0049
Property
Identification
Name/Address of Owner Assessment
Amount
Assessment Method and
Number of Units
FINAL ASSESSMENT ROLL ‐ Page 6 of 7
Parcel # 10 GODSOE, CARL T. &
KATHLEEN R.
15418 SE 132nd Street,
Renton, WA 98059‐6719
$13,457.71
(Maximum
amount
$26,915.42)
Per unit connection
(maximum 2 units)
KC Tax Act # 1423059114
Legal Description: LOT A OF LOT LINE ADJUSTMENT APPLICATION RECORDED UNDER AUDITOR'S
FL1E NO; 8410010783, BEING A PORTION OF THE FOLLOWING:
LOT 2 AND 3 OF KING COUNTY SHORT PLAT NO. 484056, RECORDED UNDER KING
COUNTY RECORDING NO. 8409130561, BEING A PORTION OF THE SOUTH HALF
OF THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST,
W.M.; IN KING COUNTY, WASHINGTON, LYING NORTH OF THE SOUTH 30 FEET OF
SAID SOUTH HALF,
TOGETHER WITH THE SOUTH 30 FEET OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION
EXCEPT THE WEST 595.72 FEET;
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH
QUARTER CORNER OF SAID SECTION; THENCE ALONG THE CENTER LINE OF SAID
SECTION SOUTH 00°28'50" WEST, 1133.20 FEET; THENCE NORTH 88°11'32" WEST,
30.01 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE
SOUTH 00°28'50" WEST, 121.75 FEET; THENCE ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 35.00 FEET, AN ARC DISTANCE OF 55.80 FEET, THROUGH A
CENTRAL ANGLE OF 91°21'02"; THENCE NORTH 88°10'08" WEST, 89.17 FEET;
THENCE NORTH 00°28'50” EAST, 157.53 FEET, THENCE SOUTH 88°11'32" EAST;
125 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING NORTH 88°10'08"
WEST, 488.91 FEET AND NORTH 01°49'52" EAST, 30 FEET FROM THE SOUTHEAST
CORNER THEREOF; THENCE NORTH 01°49'52" EAST, 157.35 FEET; THENCE NORTH
88°11'32" WEST, 83.30 FEET, THENCE SOUTH 01°49'52" WEST, 175.31 FEET;
THENCE SOUTH 88°10'08" EAST, 83.30 FEET TO THE TRUE POINT OF BEGINNING
AND EXCEPT THE EAST 30 FEET OF THE REMAINDER THEREOF.
AGENDA ITEM #1. a)
CITY OF RENTON
FINAL ASSESSMENT ROLL
VARMA / RAM SE 132ND STREET, SEWER LATECOMER
LA‐17‐001/PRM‐27‐0049
Property
Identification
Name/Address of Owner Assessment
Amount
Assessment Method and
Number of Units
FINAL ASSESSMENT ROLL ‐ Page 7 of 7
Parcel # 11 KELLONIEMI, DANIEL &
HOLLY
15416 SE 132nd Street,
Renton, WA 98059‐6719
$13,457.71 Per unit connection
(maximum 1 unit)
KC Tax Act # 1423059079
Legal Description: LOT B OF KING COUNTY LOT LINE ADJUSTMENT NUMBER 984076, UNDER KING
COUNTY RECORDING NUMBER 8410010783, IN KING COUNTY, WASHINGTON
SITUATE IN THE COUNTY OF KING STATE OF WASHINGTON.
AGENDA ITEM #1. a)
AB - 2196
City Council Regular Meeting - 20 Aug 2018
SUBJECT/TITLE: Agreement with Northwest Hydraulic Consultants, Inc. for the Annual
Cedar River Sediment Survey and Analysis
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Joseph Farah, Surface Water Utility Engineer
EXT.: 7205
FISCAL IMPACT SUMMARY:
The Cedar River Gravel Removal Project and all subsequent post-dredging mitigation, monitoring and
reporting work, including sediment surveying and monitoring, are entirely funded by the King County Flood
Control District Capital Improvement Project budget ($13,171,131) per CAG-13-009 Addendum #1-16. The
adjusted 2018 project budget is $3,197,816. There is sufficient funding in the 2018 Surface Water Utility
Capital Improvement Program budget (427.475193) for the agreement.
SUMMARY OF ACTION:
In 2016, the Surface Water Utility completed maintenance dredging of the lower 1.25 miles of the Cedar River,
from the mouth at Lake Washington to the Williams Avenue South bridge. Ongoing sediment deposition along
the lower river gradually reduces conveyance capacity and reduces flood protection over time. As part of the
city’s agreement with the U.S. Army Corps of Engineers (following construction of the levees and floodwalls
and the initial dredging project in 1998) the city is responsible for monitoring sediment levels in order to:
• Understand and characterize deposition rates throughout a dredging cycle.
• Evaluate how close the river bed is getting to the “maximum bed profile,” and if reached, would
require a new maintenance dredge project.
• Determine the flow based upon which Boeing would need to raise the South Boeing Bridge. This flow is
updated annually and a new rating curve is established and sent to Boeing.
The Surface Water Utility evaluated the statements of qualifications of 10 consultant firms on the Municipal
Research and Services Center (MRSC) roster that offered services in basin modeling hydrology and hydraulics,
sediment investigation and analysis and stream sediment and substrate analyses. Northwest Hydraulic
Consultants, Inc. scored the highest and was selected to perform the sediment survey and analysis from 2018
to 2022.
EXHIBITS:
A. Agreement
STAFF RECOMMENDATION:
Execute the agreement with Northwest Hydraulic Consultants, Inc. in the amount of $132,377 for the Annual
Cedar River Sediment Survey and Analysis.
AGENDA ITEM #2. a)
THISAGREEMENT,datedJuly27,2018,isbyandbetweentheCityofRenton(the“City”),aWashingtonmunicipalcorporation,andNorthwestHydraulicConsultants(“Consultant”),aWashingtoncorporation.TheCityandtheConsultantarereferredtocollectivelyinthisAgreementasthe“Parties.”OncefullyexecutedbytheParties,thisAgreementiseffectiveasofthelastdatesignedbybothparties.1.ScopeofWork:Consultantagreestoprovidesurveying,hydraulicmodeling,andreportingasspecifiedinExhibitA,whichisattachedandincorporatedhereinandmayhereinafterbereferredtoasthe“Work.”2.ChangesinScopeofWork:TheCity,withoutinvalidatingthisAgreement,mayorderchangestotheWorkconsistingofadditions,deletionsormodifications.AnysuchchangestotheWorkshallbeorderedbytheCityinwritingandtheCompensationshallbeequitablyadjustedconsistentwiththeratessetforthinExhibitBorasotherwisemutuallyagreedbytheParties.3.TimeofPerformance:ConsultantshallcommenceperformanceoftheAgreementpursuanttotheschedule(s)setforthinExhibitC.AllWorkshallbeperformedbynolaterthanMarch31,2023.4.Compensation:A.Amount.TotalcompensationtoConsultantforWorkprovidedpursuanttothisAgreementshallnotexceed$132,377,plusanyapplicablestateandlocalsalestaxes.CompensationshallbepaidbaseduponWorkactuallyperformedaccordingtotherate(s)oramountsspecifiedinExhibitB.TheConsultantagreesthatanyhourlyorflatratechargedbyitforitsWorkshallremainlockedatthenegotiatedrate(s)unlessotherwiseagreedtoinwritingorprovidedinExhibitB.Exceptasspecificallyprovidedherein,theConsultantshallbesolelyresponsibleforpaymentofanytaxesimposedasaresultoftheperformanceandpaymentofthisAgreement.B.MethodofPayment.OnamonthlyornolessthanquarterlybasisduringanyquarterinwhichWorkisperformed,theConsultantshallsubmitavoucherorinvoiceinaformspecifiedbytheCity,includingadescriptionofwhatWorkhasbeenAGREEMENTFORANNUALCEDARRIVERSEDIMENTSURVEYANDANALYSISAGENDA ITEM #2. a)
performed,thenameofthepersonnelperformingsuchWork,andanyhourlylaborchargerateforsuchpersonnel.TheConsultantshallalsosubmitafinalbilluponcompletionofallWork.PaymentshallbemadebytheCityforWorkperformedwithinthirty(30)calendardaysafterreceiptandapprovalbytheappropriateCityrepresentativeofthevoucherorinvoice.IftheConsultant’sperformancedoesnotmeettherequirementsofthisAgreement,theConsultantwillcorrectormodifyitsperformancetocomplywiththeAgreement.TheCitymaywithholdpaymentforworkthatdoesnotmeettherequirementsofthisAgreement.C.EffectofPayment.PaymentforanypartoftheWorkshallnotconstituteawaiverbytheCityofanyremediesitmayhaveagainsttheConsultantforfailureoftheConsultanttoperformtheWorkorforanybreachofthisAgreementbytheConsultant.D.Non-AppropriationofFunds.IfsufficientfundsarenotappropriatedorallocatedforpaymentunderthisAgreementforanyfuturefiscalperiod,theCityshallnotbeobligatedtomakepaymentsforWorkoramountsincurredaftertheendofthecurrentfiscalperiod,andthisAgreementwillterminateuponthecompletionofallremainingWorkforwhichfundsareallocated.NopenaltyorexpenseshallaccruetotheCityintheeventthisprovisionapplies.5.Termination:A.TheCityreservestherighttoterminatethisAgreementatanytime,withorwithoutcausebygivingten(10)calendardays’noticetotheConsultantinwriting.Intheeventofsuchterminationorsuspension,allfinishedorunfinisheddocuments,data,studies,worksheets,modelsandreports,orothermaterialpreparedbytheConsultantpursuanttothisAgreementshallbesubmittedtotheCity,ifanyarerequiredaspartoftheWork.B.IntheeventthisAgreementisterminatedbytheCity,theConsultantshallbeentitledtopaymentforallhoursworkedtotheeffectivedateoftermination,lessallpaymentspreviouslymade.IftheAgreementisterminatedbytheCityafterpartialperformanceofWorkforwhichtheagreedcompensationisafixedfee,theCityshallpaytheConsultantanequitableshareofthefixedfee.ThisprovisionshallnotpreventtheCityfromseekinganylegalremediesitmayhavefortheviolationornonperformanceofanyoftheprovisionsofthisAgreementandsuchchargesduetotheCityshallbedeductedfromthefinalpaymentduetheConsultant.NopaymentshallbemadebytheCityforanyexpensesincurredorworkdonefollowingtheeffectivedateofterminationunlessauthorizedinadvanceinwritingbytheCity.6.WarrantiesAndRightToUseWorkProduct:ConsultantrepresentsandwarrantsthatConsultantwillperformallWorkidentifiedinthisAgreementinaprofessionaland0PAGE2OF10AGENDA ITEM #2. a)
workmanlikemannerandinaccordancewithallreasonableandprofessionalstandardsandlaws.Compliancewithprofessionalstandardsincludes,asapplicable,performingtheWorkincompliancewithapplicableCitystandardsorguidelines(e.g.designcriteriaandStandardPlansforRoad,BridgeandMunicipalConstruction).Professionalengineersshallcertifyengineeringplans,specifications,plats,andreports,asapplicable,pursuanttoRCW18.43.070.ConsultantfurtherrepresentsandwarrantsthatallfinalworkproductcreatedforanddeliveredtotheCitypursuanttothisAgreementshallbetheoriginalworkoftheConsultantandfreefromanyintellectualpropertyencumbrancewhichwouldrestricttheCityfromusingtheworkproduct.ConsultantgrantstotheCityanon-exclusive,perpetualrightandlicensetouse,reproduce,distribute,adapt,modify,anddisplayallfinalworkproductproducedpursuanttothisAgreement.TheCity’sorother’sadaptation,modificationoruseofthefinalworkproductsotherthanforthepurposesofthisAgreementshallbewithoutliabilitytotheConsultant.TheprovisionsofthissectionshallsurvivetheexpirationorterminationofthisAgreement.7.RecordMaintenance:TheConsultantshallmaintainaccountsandrecords,whichproperlyreflectalldirectandindirectcostsexpendedandWorkprovidedintheperformanceofthisAgreementandretainsuchrecordsforaslongasmayberequiredbyapplicableWashingtonStaterecordsretentionlaws,butinanyeventnolessthansixyearsaftertheterminationofthisAgreement.TheConsultantagreestoprovideaccesstoandcopiesofanyrecordsrelatedtothisAgreementasrequiredbytheCitytoauditexpendituresandchargesand/ortocomplywiththeWashingtonStatePublicRecordsAct(Chapter42.56RCW).TheprovisionsofthissectionshallsurvivetheexpirationorterminationofthisAgreement.8.PublicRecordsCompliance:TothefullextenttheCitydeterminesnecessarytocomplywiththeWashingtonStatePublicRecordsAct,ConsultantshallmakeaduediligentsearchofallrecordsinitspossessionorcontrolrelatingtothisAgreementandtheWork,including,butnotlimitedto,e-mail,correspondence,notes,savedtelephonemessages,recordings,photos,ordrawingsandprovidethemtotheCityforproduction.IntheeventConsultantbelievessaidrecordsneedtobeprotectedfromdisclosure,itmay,atConsultant’sownexpense,seekjudicialprotection.Consultantshallindemnify,defend,andholdharmlesstheCityforallcosts,includingattorneys’fees,attendanttoanyclaimorlitigationrelatedtoaPublicRecordsActrequestforwhichConsultanthasresponsiverecordsandforwhichConsultanthaswithheldrecordsorinformationcontainedtherein,ornotprovidedthemtotheCityinatimelymanner.ConsultantshallproducefordistributionanyandallrecordsresponsivetothePublicRecordsActrequestinatimelymanner,unlessthoserecordsareprotectedbycourtorder.TheprovisionsofthissectionshallsurvivetheexpirationorterminationofthisAgreement.9.IndependentContractorRelationship:0PAGE3OF10AGENDA ITEM #2. a)
A.TheConsultantisretainedbytheCityonlyforthepurposesandtotheextentsetforthinthisAgreement.ThenatureoftherelationshipbetweentheConsultantandtheCityduringtheperiodoftheWorkshallbethatofanindependentcontractor,notemployee.TheConsultant,nottheCity,shallhavethepowertocontrolanddirectthedetails,mannerormeansofWork.Specifically,butnotbymeansoflimitation,theConsultantshallhavenoobligationtoworkanyparticularhoursorparticularschedule,unlessotherwiseindicatedintheScopeofWorkorwhereschedulingofattendanceorperformanceismutuallyarrangedduetothenatureoftheWork.ConsultantshallretaintherighttodesignatethemeansofperformingtheWorkcoveredbythisagreement,andtheConsultantshallbeentitledtoemployotherworkersatsuchcompensationandsuchotherconditionsasitmaydeemproper,provided,however,thatanycontractsomadebytheConsultantistobepaidbyitalone,andthatemployingsuchworkers,itisactingindividuallyandnotasanagentfortheCity.B.TheCityshallnotberesponsibleforwithholdingorotherwisedeductingfederalincometaxorSocialSecurityorcontributingtotheStateIndustrialInsuranceProgram,orotherwiseassumingthedutiesofanemployerwithrespecttoConsultantoranyemployeeoftheConsultant.C.IftheConsultantisasoleproprietorshiporifthisAgreementiswithanindividual,theConsultantagreestonotifytheCityandcompleteanyrequiredformiftheConsultantretiredunderaStateofWashingtonretirementsystemandagreestoindemnifyanylossestheCitymaysustainthroughtheConsultant’sfailuretodoso.10.HoldHarmless:TheConsultantagreestorelease,indemnify,defend,andholdharmlesstheCity,electedofficials,employees,officers,representatives,andvolunteersfromanyandallclaims,demands,actions,suits,causesofaction,arbitrations,mediations,proceedings,judgments,awards,injuries,damages,liabilities,taxes,losses,fines,fees,penalties,expenses,attorney’sorattorneys’fees,costs,and/orlitigationexpensestoorbyanyandallpersonsorentities,arisingfrom,resultingfrom,orrelatedtothenegligentacts,errorsoromissionsoftheConsultantinitsperformanceofthisAgreementorabreachofthisAgreementbyConsultant,exceptforthatportionoftheclaimscausedbytheCity’ssolenegligence.ShouldacourtofcompetentjurisdictiondeterminethatthisagreementissubjecttoRCW4.24.115,(Validityofagreementtoindemnifyagainstliabilityfornegligencerelativetoconstruction,alteration,improvement,etc.,ofstructureorimprovementattachedtorealestate...)then,intheeventofliabilityfordamagesarisingoutofbodilyinjurytopersonsordamagestopropertycausedbyorresultingfromtheconcurrentnegligenceoftheConsultantandtheCity,itsofficers,officials,employeesandvolunteers,Consultant’sliabilityshallbeonlytotheextentofConsultant’snegligence.0PAGE4OF10AGENDA ITEM #2. a)
ItisfurtherspecificallyandexpresslyunderstoodthattheindemnificationprovidedinthisAgreementconstituteConsultant’swaiverofimmunityundertheIndustrialInsuranceAct,RCWTitle51,solelyforthepurposesofthisindemnification.ThePartieshavemutuallynegotiatedandagreedtothiswaiver.TheprovisionsofthissectionshallsurvivetheexpirationorterminationofthisAgreement.11.GiftsandConflicts:TheCity’sCodeofEthicsandWashingtonStatelawprohibitCityemployeesfromsoliciting,accepting,orreceivinganygift,gratuityorfavorfromanyperson,firmorcorporationinvolvedinacontractortransaction.ToensurecompliancewiththeCity’sCodeofEthicsandstatelaw,theConsultantshallnotgiveagiftofanykindtoCityemployeesorofficials.ConsultantalsoconfirmsthatConsultantdoesnothaveabusinessinterestoraclosefamilyrelationshipwithanyCityofficeroremployeewhowas,is,orwillbeinvolvedinselectingtheConsultant,negotiatingoradministeringthisAgreement,orevaluatingtheConsultant’sperformanceoftheWork.12.CityofRentonBusinessLicense:TheConsultantshallobtainaCityofRentonBusinessLicensepriortoperforminganyWorkandmaintainthebusinesslicenseingoodstandingthroughoutthetermofthisagreementwiththeCity.Informationregardingacquiringacitybusinesslicensecanbefoundat:http://www.rentonwa.gov/cms/One.aspx?portalld=7922741&pageld=9824882InformationregardingStatebusinesslicensingrequirementscanbefoundat:http://dor.wa.gov/doing-business/register-my-business13.Insurance:Consultantshallsecureandmaintain:A.Commercialgeneralliabilityinsuranceintheminimumamountsof$1,000,000foreachoccurrence/$2,000,000aggregatefortheTermofthisAgreement.B.IntheeventthatWorkdeliveredpursuanttothisAgreementeitherdirectlyorindirectlyinvolveorrequireProfessionalServices,ProfessionalLiability,ErrorsandOmissionscoverageshallbeprovidedwithminimumlimitsof$1,000,000peroccurrence.“ProfessionalServices”,forthepurposeofthissection,shallmeananyWorkprovidedbyalicensedprofessionalorWorkthatrequiresaprofessionalstandardofcare.C.Workers’compensationcoverage,asrequiredbytheIndustrialInsurancelawsoftheStateofWashington,shallalsobesecured.D.CommercialAutomobileLiabilityforowned,leased,hiredornon-owned,leased,hiredornon-owned,withminimumlimitsof$1,000,000peroccurrencecombined0PAGE5OF10AGENDA ITEM #2. a)
singlelimit,iftherewillbeanyuseofConsultant’svehiclesontheCity’sPremisesbyoronbehalfoftheCity,beyondnormalcommutes.E.ConsultantshallnametheCityasanAdditionalInsuredonitscommercialgeneralliabilitypolicyonanon-contributoryprimarybasis.TheCity’sinsurancepoliciesshallnotbeasourceforpaymentofanyConsultantliability,norshallthemaintenanceofanyinsurancerequiredbythisAgreementbeconstruedtolimittheliabilityofConsultanttothecoverageprovidedbysuchinsuranceorotherwiselimittheCity’srecoursetoanyremedyavailableatlaworinequity.F.SubjecttotheCity’sreviewandacceptance,acertificateofinsuranceshowingtheproperendorsements,shallbedeliveredtotheCitybeforeperformingtheWork.G.ConsultantshallprovidetheCitywithwrittennoticeofanypolicycancellation,withintwo(2)businessdaysoftheirreceiptofsuchnotice.14.Delays:ConsultantisnotresponsiblefordelayscausedbyfactorsbeyondtheConsultant’sreasonablecontrol.WhensuchdelaysbeyondtheConsultant’sreasonablecontroloccur,theCityagreestheConsultantisnotresponsiblefordamages,norshalltheConsultantbedeemedtobeindefaultoftheAgreement.15.SuccessorsandAssigns:NeithertheCitynortheConsultantshallassign,transferorencumberanyrights,dutiesorinterestsaccruingfromthisAgreementwithoutthewrittenconsentoftheother.16.Notices:AnynoticerequitedunderthisAgreementwillbeinwriting,addressedtotheappropriatepartyattheaddresswhichappearsbelow(asmodifiedinwritingfromtimetotimebysuchparty),andgivenpersonally,byregisteredorcertifiedmail,returnreceiptrequested,byfacsimileorbynationallyrecognizedovernightcourierservice.Timeperiodfornoticesshallbedeemedtohavecommenceduponthedateofreceipt,EXCEPTfacsimiledeliverywillbedeemedtohavecommencedonthefirstbusinessdayfollowingtransmission.EmailandtelephonemaybeusedforpurposesofadministeringtheAgreement,butshouldnotbeusedtogiveanyformalnoticerequiredbytheAgreement.CITYOFRENTONCONSULTANTJosephFarahErikRowland1055SouthGradyWay12787GatewayDriveSouthRenton,WA98057Seattle,WA98168Phone:(425)430-7205Phone:(206)241-6000jfarah@rentonwa.goverowland@nhcweb.comFax:(425)430-7241Fax:(425)439-24200PAGE6OF10AGENDA ITEM #2. a)
17.DiscriminationProhibited:Excepttotheextentpermittedbyabonafideoccupationalqualification,theConsultantagreesasfollows:A.Consultant,andConsultant’sagents,employees,representatives,andvolunteerswithregardtotheWorkperformedortobeperformedunderthisAgreement,shallnotdiscriminateonthebasisofrace,color,sex,religion,nationality,creed,maritalstatus,sexualorientationorpreference,age(exceptminimumageandretirementprovisions),honorablydischargedveteranormilitarystatus,orthepresenceofanysensory,mentalorphysicalhandicap,unlessbaseduponabonafideoccupationalqualificationinrelationshiptohiringandemployment,inemploymentorapplicationforemployment,theadministrationofthedeliveryofWorkoranyotherbenefitsunderthisAgreement,orprocurementofmaterialsorsupplies.B.TheConsultantwilltakeaffirmativeactiontoinsurethatapplicantsareemployedandthatemployeesaretreatedduringemploymentwithoutregardtotheirrace,creed,color,nationalorigin,sex,age,sexualorientation,physical,sensoryormentalhandicaps,ormaritalstatus.Suchactionshallinclude,butnotbelimitedtothefollowingemployment,upgrading,demotionortransfer,recruitmentorrecruitmentadvertising,layoffortermination,ratesofpayorotherformsofcompensationandselectionfortraining.C.litheConsultantfailstocomplywithanyofthisAgreement’snon-discriminationprovisions,theCityshallhavetheright,atitsoption,tocanceltheAgreementinwholeorinpart.D.TheConsultantisresponsibletobeawareofandincompliancewithallfederal,stateandlocallawsandregulationsthatmayaffectthesatisfactorycompletionoftheproject,whichincludesbutisnotlimitedtofairlaborlaws,worker’scompensation,andTitleVIoftheFederalCivilRightsActof1964,andwillcomplywithCityofRentonCouncilResolutionNumber4085.18.Miscellaneous:Thepartiesherebyacknowledge:A.TheCityisnotresponsibletotrainorprovidetrainingforConsultant.B.Consultantwillnotbereimbursedforjobrelatedexpensesexcepttotheextentspecificallyagreedwithintheattachedexhibits.C.Consultantshallfurnishalltoolsand/ormaterialsnecessarytoperformtheWorkexcepttotheextentspecificallyagreedwithintheattachedexhibits.D.Intheeventspecialtraining,licensing,orcertificationisrequiredforConsultanttoprovideWorkhe/shewillacquireormaintainsuchathis/herownexpenseand,if0PAGE70F1OAGENDA ITEM #2. a)
Consultantemploys,sub-contracts,orotherwiseassignstheresponsibilitytoperformtheWork,saidemployee/sub-contractor/assigneewillacquireandormaintainsuchtraining,hcensing,orcertification.E.Thisisanon-exclusiveagreementandConsultantisfreetoprovidehis/herWorktootherentities,solongasthereisnointerruptionorinterferencewiththeprovisionofWorkcalledforinthisAgreement.F.Consultantisresponsibleforhis/herowninsurance,including,butnotlimitedtohealthinsurance.G.Consultantisresponsibleforhis/herownWorker’sCompensationcoverageaswellasthatforanypersonsemployedbytheConsultant.19.OtherProvisions:A.ApprovalAuthority.EachindividualexecutingthisAgreementonbehalfoftheCityandConsultantrepresentsandwarrantsthatsuchindividualsaredulyauthorizedtoexecuteanddeliverthisAgreementonbehalfoftheCityorConsultant.B.GeneralAdministrationandManagement.TheCity’sprojectmanagerisJosephFarah,SurfaceWaterUtilityEngineer.InprovidingWork,ConsultantshallcoordinatewiththeCity’scontractmanagerorhis/herdesignee.C.AmendmentandModification.ThisAgreementmaybeamendedonlybyaninstrumentinwriting,dulyexecutedbybothParties.D.Conflicts.IntheeventofanyinconsistenciesbetweenConsultantproposalsandthisAgreement,thetermsofthisAgreementshallprevail.Anyexhibits/attachmentstothisAgreementareincorporatedbyreferenceonlytotheextentofthepurposeforwhichtheyarereferencedwithinthisAgreement.TotheextentaConsultantpreparedexhibitconflictswiththetermsinthebodyofthisAgreementorcontainstermsthatareextraneoustothepurposeforwhichitisreferenced,thetermsinthebodyofthisAgreementshallprevailandtheextraneoustermsshallnotbeincorporatedherein.E.GoverningLaw.ThisAgreementshallbemadeinandshallbegovernedbyandinterpretedinaccordancewiththe‘awsoftheStateofWashingtonandtheCityofRenton.ConsultantandalloftheConsultant’semployeesshallperformtheWorkinaccordancewithallapplicablefederat,state,countyandcitylaws,codesandordinances.F.JointDraftingEffort.ThisAgreementshallbeconsideredforallpurposesaspreparedbythejointeffortsofthePattiesandshallnotbeconstruedagainstone0PAGE8OF10AGENDA ITEM #2. a)
partyortheotherasaresultofthepreparation,substitution,submissionorothereventofnegotiation,draftingorexecution.G.JurisdictionandVenue.AnylawsuitorlegalactionbroughtbyanypartytoenforceorinterpretthisAgreementoranyofitstermsorcovenantsshallbebroughtintheKingCountySuperiorCourtfortheStateofWashingtonattheMalengRegionalJusticeCenterinKent,KingCounty,Washington,oritsreplacementorsuccessor.H.Severability.Acourtofcompetentjurisdiction’sdeterminationthatanyprovisionorpartofthisAgreementisillegalorunenforceableshallnotcancelorinvalidatetheremainderofthisAgreement,whichshallremaininfullforceandeffect.SoleandEntireAgreement.ThisAgreementcontainstheentireagreementofthePartiesandanyrepresentationsorunderstandings,whetheroralorwritten,notincorporatedareexcluded.J.TimeisoftheEssence.TimeisoftheessenceofthisAgreementandeachandallofitsprovisionsinwhichperformanceisafactor.AdherencetocompletiondatessetforthinthedescriptionoftheWorkisessentialtotheConsultant’sperformanceofthisAgreement.Consultant,however,willnotbeheldresponsiblefordelayscausedbyfailureoftheCityofRentonoritsagentstoprovidedirectionandinformation,orreviewofinterimproducts.K.Third-PartyBeneficiaries.NothinginthisAgreementisintendedto,norshallbeconstruedtogiveanyrightsorbenefitsintheAgreementtoanyoneotherthantheParties,andalldutiesandresponsibilitiesundertakenpursuanttothisAgreementwillbeforthesoleandexclusivebenefitofthePartiesandnooneelse.L.BindingEffect.ThePartieseachbindthemselves,theirpartners,successors,assigns,andlegalrepresentativestotheotherpartytothisAgreement,andtothepartners,successors,assigns,andlegalrepresentativesofsuchotherpartywithrespecttoallcovenantsoftheAgreement.M.Waivers.Allwaiversshallbeinwritingandsignedbythewaivingparty.Eitherparty’sfailuretoenforceanyprovisionofthisAgreementshallnotbeawaiverandshallnotpreventeithertheCityorConsultantfromenforcingthatprovisionoranyotherprovisionofthisAgreementinthefuture.WaiverofbreachofanyprovisionofthisAgreementshallnotbedeemedtobeawaiverofanypriororsubsequentbreachunlessitisexpresslywaivedinwriting.0PAGE9OF10AGENDA ITEM #2. a)
N.Counterparts.ThePartiesmayexecutethisAgreementinanynumberofcounterparts,eachofwhichshallconstituteanoriginal,andallofwhichwilltogetherconstitutethisoneAgreement.INWITNESSWHEREOF,thePartieshavevoluntarilyenteredintothisAgreementasofthedatelastsignedbythePartiesbelow.CITYOFRENTONCONSULTANTBy:______________________________By:_________________DenisLawErikRowlandMayorPrincipal-in-ChargeDateDateAttestJasonA.SethCityClerkApprovedastoLegalFormShaneMoloneyRentonCityAttorneyNon-standard08/03/18clb(473)0PAGE10OF10AGENDA ITEM #2. a)
nbcnorthwesthydraulicconsultantsNHCRef.No.P02004153July25,2018CityofRentonPublicWorks—SurfaceWaterUtility1055SouthGradyWay—5thFloorRenton,WA98057Attention:JosephFarah,P.E.Viaemail:JFarah@Rentonwa.govRe:INTRODUCTION12787GatewayDriveSouthISeattle,WA9816$I206.241.6000Iwww.nhcweb.comExhibitA2018-2022CedarRiverSedimentSurveysTheCityofRentonDepartmentofPublicWorksSurfaceWaterUtility(City)hasaskedNorthwestHydraulicConsultants(NHC)toprepareascopeofworkandbudgetestimatetoprovideannualchannelsurvey,hydraulicmodeling,andsedimentationanalysisservices,relatedtothemonitoringeffortneededaspartoftheCedarRiverMaintenanceDredgingProject.ThefollowingscopeofworkandtheattachedcostestimatehavebeenpreparedinresponsetotheCity’srequest.ThepurposeofthisstudyistomonitoranddocumentsedimentaccumulationwithinthelowertwomilesoftheCedarRiverasitpassesthroughtheCityofRenton.In2016,theCitydredgedthelower1.3milesoftheCedarRiver.AspartoftheCedarRiverSection205FloodHazardReductionproject,theCityisrequiredtomonitorsedimentlevelswithinthelowerCedarRiver,inordertodeterminewhenmaintenancedredgingbecomesnecessary.ThefollowingscopeofworkoutlinesservicestobeconductedbyNHCannuallyoverthenextfiveyears(2018-2022).Task1—Cross-SectionSurveysNHCwillsurveyapproximately40channelcross-sectionsbeginningattheNorthBoeingBridge(RM0.0)andextendingupstreamtoRM2.1.Cross-sectionlocationswillbethesameasthoseestablishedduringprevioussurveys.Bothendsofeachcross-sectionwillextendtothetopoftheexistingbank,berm,orfloodwall.NHCwillpost-processthesurveypointstocreatecross-sectionviewsateachlocation.EachsectionwillbesurveyedatthelocationsmonumentedeitherbyPACEin1999orNHC(insubsequentyears)andateachbridge.SCOPEOFWORKwaterresourcespecialistsAGENDA ITEM #2. a)
ExhibitAiilicNHCwillusetotalstationequipmenttosurveycross-sections.Existingverticalbenchmarkswillbereoccupiedtomaintainconsistencywithpastsurveys.Cross-sectionssurveyswillbereferencedtoknownhorizonalandverticaldatums,WAStatePlaneNorth-NAD83andNAVD1988,respectively.Itisassumedcross-sectionsatbridgefaceswillbesurveyedwithatotalstationratherthansoundingsfrombridgerails,aswasperformedpriorto2017.Task2—UpdateHEC-RASModelNHCwillupdatetheexistingHEC-RASmodelofthestudyreachusingnewlysurveyedcross-sectionsfromTask1.Themodelwillbeusedtoestimatethe2-,10-,25-,and100-yearwatersurfaceprofilesandcorrespondingleveefreeboardelevations.Beginningin2018,newlycomputedfloodfrequencydischargesandmodifiedallowableaveragebedelevationswillbeprovidedtoNHCbytheCityandusedinthehydraulicandfreeboardanalysis.Task3—SedimentAnalysisTohelptheCitymonitorsedimentaccumulationwithinthedredgedreach(downstreamofWilliamsAvenue5),NHCwillusethecurrentyear’ssurveyeddata(fromTask1),andthepreviousyear’ssurveydatato:1)estimatethechangeinsedimentvolume,2)determineaveragebedelevations,and3)calculatetheremainingstoragecapacity.RemainingstoragevolumewillbecomputedbydeterminingthedifferencebetweentheallowablebedestablishedbytheCityandmodifiedaveragebedelevationscalculatedinTask2.Task4—SouthBoeingBridgeAnalysisandMemoNHCwillusetheHEC-RASmodeltocreateastage-dischargeratingcurveattheupstreamfaceoftheSouthBoeingBridge.AsecondratingcurvewillbeplottedonthisfigurethatrepresentstheLandsburgstreamgage.Theratingcurvedatawillbepresentedinbothgraphicalandtabularformats.NHCwillusethemodelresultstoestimatethedischargesattheSouthBoeingBridgeandattheLandsburggagethatproduceawatersurfaceelevationthat:1)touchesthebridgelowchord,and2)isonefootbelowthelowchord.ThisinformationwillbesummarizedinamemorandumthattheCitycandistributetokeyfloodprotectionpartners.Task5—ChannelSurveyReportingAbriefreportwillbepreparedinwhicheachofthetaskitemsaresummarizedanddocumentedwithsupportingtablesandfigures.Keyelementsofthereportwillinclude:•Plotsofthecurrentandpreviousyear’saveragebedprofilescomparedtheestablishedallowablebedelevationprofile,andthe2016post-dredgeprofile.•Resultsanddiscussionofsedimentanalysisandaccumulationrates.•SouthBoeingBridgefloodstageanalysisandmemo.•ResultsfromtheHEC-RASmodel,includingplotsof100-yearwaterlevelsandadiscussionofremainingfreeboardalongthefloodcontrolprojectandbridges,andotherfloodingconcerns.2018-2022CedarRiverSedimentSurveysCityofRenton—SurfaceWaterUtilityAGENDA ITEM #2. a)
nbcExhibitANHCwillelectronicallytransmitthereportandsupportingdata(e.g.HEC-RASmodel,photos,...)totheCity.UpontherequestoftheCity,one(1)hardcopywouldbeprovided.Task6—ProjectManagementNHCwillcoordinatethesurveywiththeCityandensurethattheprojectiscompletedontimeandwithinbudget.InvoiceswillbesentmonthlyandNHC’sprojectmanagerwillbeavailabletotheCityforprojectupdates.CLOSURENHCappreciatesthisopportunitytoprovidecontinuedservicetotheCityaspartoftheCedarRiverMaintenanceDredgeProject.DISCLAIMERThisdocumenthasbeenpreparedbyNorthwestHydraulicConsultantsInc.inaccordancewithgenerallyacceptedengineeringpracticesandisintendedfortheexclusiveuseandbenefitoftheCityofRentonandtheirauthorizedrepresentativesforspecificapplicationtotheCedarRiverMaintenanceDredgingProjectinRenton,Washington.Thecontentsofthisdocumentarenottoberelieduponorused,inwholeorinpart,byorforthebenefitofotherswithoutspecificwrittenauthorizationfromNorthwestHydraulicConsultantsInc.Nootherwarranty,expressedorimplied,ismade.NorthwestHydraulicConsultantsInc.anditsofficers,directors,employees,andagentsassumenoresponsibilityfortherelianceuponthisdocumentoranyofitscontentsbyanypartiesotherthantheCityofRenton.Sincerely,NorthwestHydraulicConsultantsInc.PeterBrooks,P.E.ErikRowland,P.E.Sr.EngineerPrincipalProjectManagerPrincipal-in-ChargeAttachments:ExhibitB—BudgetExhibitC—Schedule2018-2022CedarRiverSedimentSurveysCityofRenton—SurfaceWaterUtilityAGENDA ITEM #2. a)
ExhibitB—Budget2018-2022CedarRiverSedimentSurveysNorthwestHydraulicConsultantsJuly25,2018nbcNorthwestHydraulicConsultantsInc.12787GatewayDriveS.Seattle,WA98168Tel.(206)241-6000Fax(206)439-2420EstimateofProfessionalServicesPreparedfor:CityofRentonProject:2018-2022CedarRiverSedimentSurveysDate:07/2512018Project#:P02004153PreparedBy:PeterBrooks!ErikRowlandDirectExpenseDetailTflT1nierrrpPRtImrcCostSummaryeudgetestimateIoncurrentyear(2010)YearTask20182019202020212022TotalCedarRiverSedimentSurvey$24934$25,682$26,452$27,246$28,063$132,377Budgetestimatesincluding3%annualescalationafter2018.2018-2022CedarRiverSedimentSurveysCityofRenton—SurfaceWaterUtilityGISSr.Doc.contactTASKDESCRIPTIONPa.Sr.Eng.IEng.IJr.Eng.AnalystSpclst.Admin.TotalsTask1Cross-SectionSurvey1.1SL.rvey24848$11,8391.2PostProcessing2105$1,881Task2UpdateHEC-RASModel128$1.43fTask3SedimentAnatis3.1Cross-SectionCompadson/VolumeCalctiations14164$3,0143.2SedimentProBes2—42$975Task4SouthBoeingBndgeAnalysis&Memo1241$1125Task5ChannelSurveyReporting46844$3688Task6ProjectManagement221TotalHoursandDirectSalaryCost(DSC)9.022.048.098.015.05.01.0LaborRate($/hr)240.28185.24135.83103.0995.87101.81136.67TOTALLABORCOSTI$23,957UnitsMileage0545527TotalStation5150$750Reproduction540$200Rate50.!jICost.TotalLabor$2395TotalDirectEspertses..-TOTALCOrAGENDA ITEM #2. a)
nbcSCHEDULEOFSTANDARDCHARGES(Effective1ian2018)LaborFeeRateCategory($US/hour)PrinUpal240.28PrindpalT3223.71Sr.ProjectEngineer/Saenfist200.00Sr.Engineer1185.24Sr.Engineer/Sdentist2156.52Engineer1135.83Scientist1121.69Engineer/Sdentist2111.66Jr.Engineer103.09GISSpedalist130.23GISAnalyst95.87Sr.EngineeringTechnician131.90Sr.LaboratoryTechnician100.00LaboratoryTechnician75.32Sr.ContractAdministrator136.67Sr.TechnicalEditor135.00Sr.DocumentProduction/flnanceSpecialist101.81DocumentProductionSpecialist80.00HandlingChargesIFeesPhotocopies$/sheetB&W81hx11$010MarkuponSubconsultants10%B&W11x17$0.15MarkuponReimbutsables10%Color81Axli$1.00MarkuponTravel/Subsistence.lO%Colorlix17$2.00Plotting$/sheetPlots,bond,lix17$2.00Plots,bond,Dsize$4.00Plots,oversize(runningfoot).$2.00LaborcostssubjecttoannualescalationadjustmentinOctobertoreflectcostoflivingandmeritsalaryincreases.Refertoseparateschedulesforfieldandlaboratoryequipmentcharges.2018-2022CedarRiverSedimentSurveysCityofRenton—SurfaceWaterUtilityAGENDA ITEM #2. a)
nbcExhibitC—Schedule2018-2022CedarRiverSedimentSurveysNorthwestHydraulicConsultantsJuly25,2018NHCwillperformthecross-sectionsurveysduringlowwaterinAugustand/orSeptember.FivecopiesofthesummaryreportincludingsurveydataforthisreachalongwiththesedimentvolumeinformationwillbeprovidedtotheCitybyOctober31ofthecurrentyear.Allworkandrevisionswillbecompletedbeforethefinalprojectcloseoutdateattheendofthecurrentcalendaryear.FinalinvoicesshallbeprovidedbyorbeforeDecember31stoftheyearthattheworkwasperformed.2018-2022CedarRiverSedimentSurveysCityofRenton—SurfaceWaterUtilityAGENDA ITEM #2. a)
AB - 2197
City Council Regular Meeting - 20 Aug 2018
SUBJECT/TITLE: Water Quality Grant Agreement WQC-2017-Renton-00002 with the
Department of Ecology for the Heather Downs Detention Pond Water
Quality Retrofit Project
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Ron Straka, Surface Water Utility Engineering Manager
EXT.: 7248
FISCAL IMPACT SUMMARY:
The grant agreement provides $93,000 of grant funding into the approved 2018 Surface Water Utility Capital
Improvement Program budget for the Heather Downs Detention Pond Water Quality Retrofit Project
(425.475511). The grant funding for this project was included in the city’s second quarter budget adjustment.
The grant requires $31,000 of matching funds for a total grant agreement amount of $124,000. There is
sufficient funding in the project budget for the required matching funds.
SUMMARY OF ACTION:
The City of Renton has been awarded $93,000 in grant funds from the State of Washington Department of
Ecology for the Heather Downs Detention Pond Water Quality Retrofit Project. This project will improve water
quality in Maplewood Creek, tributary to the Cedar River, through design of a combined detention pond and
wetpond at Union Avenue SE and SE 4th Street. This project will provide treatment for total suspended solid
(TSS) and will reduce flows to Maplewood Creek by increasing stormwater infiltration and providing
stormwater detention. The Ecology grant includes the preparation of State Environmental Policy Act (SEPA)
and cultural resource review requirements, development of an Inadvertent Discovery Plan (IDP), development
of a project design report and construction plans and specifications that will allow the future construction of
the project to treat stormwater runoff in the Heather Downs residential neighborhood. The project design and
preparation of the construction plans and specifications will be completed prior to the grant agreement
expiration date of December 31, 2020.
EXHIBITS:
A. Agreement
B. Vicinity Map
STAFF RECOMMENDATION:
Authorize the Mayor to execute the Water Quality Grant Agreement WQC-2017-Renton-00002 with the
Department of Ecology to accept $93,000 in grant funds for the Heather Downs Detention Pond Water Quality
Retrofit Project.
AGENDA ITEM #3. a)
Agreement No. WQC-2017-Renton-00002
WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF RENTON
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology,
hereinafter referred to as “ECOLOGY,” and City of Renton, hereinafter referred to as the “RECIPIENT,” to carry out
with the provided funds activities described herein.
Heather Downs Detention Pond Water Quality
Retrofit Project
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project will improve water quality in Maplewood Creek, tributary to the Cedar River, through design of a
combined detention and wetpond at Union Avenue SE and SE 4th Street in the city of Renton. This project will
provide treatment for total suspended solids (TSS) and will also reduce flows to Maplewood Creek by
increasing stormwater infiltration and/or providing stormwater detention.
Project Long Description:
Stormwater runoff from approximately 30 acres of predominately impervious area including driveways, streets,
building roofs, and other impervious areas collects in catch basins and pipes and flows to Heather Downs
detention pond. The pond currently provides no treatment for stormwater runoff. Stormwater runoff contains
various mixtures of hydrocarbons, oils, metals and sediments and can ultimately impair downstream
waterbodies. The pond discharges to Maplewood Creek, a tributary to the Cedar River, and ultimately Lake
Washington. The Cedar River is a 303(d) listed water body for temperature, pH, fecal coliform and ammonia.
$124,000.00
$124,000.00
$93,000.00
$31,000.00
01/01/2018
12/31/2020
Stormwater Facility
AGENDA ITEM #3. a)
Page 2 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2017-Renton-00002
Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
The RECIPIENT will complete the planning and design work needed to convert the existing detention pond
located at Union Ave SE and SE 4th Street in the city of Renton into a combined detention and wetpond facility.
The water quality retrofits will reduce water quality problems in Maplewood Creek and the Cedar River by
providing basic water quality treatment prior to discharging into the river. The pond will consist of two
treatment cells and will provide both water quality treatment through dead storage in the wetpool and flow
control through live storage above the wetpool, which will reduce peak flows to the outfall system, and reduce
erosion and gullying downstream of the pond.
Overall Goal:
This project will help protect and restore water quality in Washington by reducing stormwater impacts from
existing infrastructure and development.
Version 10/30/2015
AGENDA ITEM #3. a)
Page 3 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2017-Renton-00002
Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
City of Renton
91-6001271
949697221
Renton City Hall, 5th Floor, 1055 South Grady Way
Renton, WA 98057-3232
Renton City Hall, 5th Floor
1055 South Grady Way
Renton, Washington 98057-3232
Ken Srilofung
Surface Water Utility Engineer 3 - Project Manager
1055 South Grady Way, 5th Floor
Renton, Washington 98057
Email: ksrilofung@rentonwa.gov
Phone: (425) 430-7247
Authorized
Signatory
Ken Srilofung
Surface Water Utility Engineer 3 - Project Manager
1055 South Grady Way, 5th Floor
Renton, Washington 98057
Email: ksrilofung@rentonwa.gov
Phone: (425) 430-7247
Billing Contact
Project Manager
Authorized
Signatory
Denis W Law
Mayor
1055 S. Grady Way
Renton, Washington 98057
Email: dlaw@rentonwa.gov
Phone: (425) 430-6500
phintz@rentonwa.gov
Version 10/30/2015
AGENDA ITEM #3. a)
Page 4 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2017-Renton-00002
Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
Contacts
Project
Manager
Financial
Manager
Technical
Advisor
Melisa Snoeberger
3190 - 160th Ave SE
Bellevue, Washington 98008-5452
Email: msno461@ecy.wa.gov
Phone: (425) 649-7047
Frances Carver
PO Box 47600
Olympia, Washington 98504-7600
Email: fcar461@ecy.wa.gov
Phone: (360) 407-6564
Amanda Heye
PO Box 47600
Olympia, Washington 98504-7600
Email: ahey461@ecy.wa.gov
Phone: (360) 407-6457
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Version 10/30/2015
AGENDA ITEM #3. a)
Page 5 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2017-Renton-00002
Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things
necessary for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and
conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all
applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the
RECIPIENT has read, understood, and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties, and there are no other understandings or
representations other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed
by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do
agree in each and every particular and have thus set their hands hereunto.
Washington State
Department of Ecology
Water Quality
Date Date
City of Renton
Heather R. Bartlett
Mayor
Denis W Law
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
Version 10/30/2015
AGENDA ITEM #3. a)
Page 6 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2017-Renton-00002
Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
Clerk Date
Jason A. Seth
Attorney Date
Shane Moloney
Version 10/30/2015
AGENDA ITEM #3. a)
Page 7 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2017-Renton-00002
Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
SCOPE OF WORK
Task Number:1 Task Cost: $12,400.00
Task Title:Project Administration/Management
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for
reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including
photos).
B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement,
contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required
permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items.
C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and
scheduling project activities and assuring quality control. Every effort will be made to maintain effective
communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any
interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates
outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements.
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement, quarterly progress reports, and RECIPIENT closeout
report.
* Properly maintained project documentation
Recipient Task Coordinator: Ken Srilofung
Deliverables
Project Administration/Management
Number Description Due Date
1.1 Quarterly Progress Reports
1.2 Recipient Closeout Report
1.3 Project Outcome Summary Report
Version 10/30/2015
AGENDA ITEM #3. a)
Page 8 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2017-Renton-00002
Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
SCOPE OF WORK
Task Number:2 Task Cost: $111,600.00
Task Title:Design Plans and Specs, Environmental Review
Task Description:
The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY
The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance.
A.The RECIPIENT will coordinate the preparation and submittal of State Environmental Policy Act (SEPA)
documentation.
B.The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal
and federal permits, licenses, easements, or property rights necessary for the project.
C.The RECIPIENT will comply with Executive Order (05-05) cultural resources review requirements. To initiate
cultural resources review the RECIPIENT will:
1.Submit an ECOLOGY 05-05/106 Form, or a cultural resources survey or assessment completed by a licensed
archaeologist to ECOLOGY. All submitted materials must conform to the Washington State Standards for Cultural
Resource Reporting (DAHP February 2014).
2.Develop and submit an Inadvertent Discovery Plan (IDP) to ECOLOGY. The RECIPIENT will ensure that all
contractors and subcontractors have a copy of the completed IDP prior to and while working on-site. An IDP template
may be found on the ECOLOGY website.
Ground disturbing work (including geotechnical investigations) completed prior to receiving written notice to proceed
from ECOLOGY shall not be eligible for reimbursement.
D.The RECIPIENT will develop a project Design Report. Projects must be designed in accordance with the
Stormwater Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington,
or equivalent manual. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for
reimbursement.
The RECIPIENT will upload a digital copy of the items listed below to EAGL for review. Reduce design figures to
11x17 inches in size and ensure they are legible.
1.Design Report. For a complete list of required design report elements refer to the ECOLOGY website.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design
Report Acceptance Letter prior to proceeding to 90 Percent design.
2.90 Percent Design Package. At a minimum, this package must include 90 percent plans, specifications, engineer’s
opinion of cost which includes a schedule of eligible costs, and project construction schedule. For current bid inserts
and specifications refer to the ECOLOGY website.
Version 10/30/2015
AGENDA ITEM #3. a)
Page 9 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2017-Renton-00002
Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent
Design Acceptance Letter prior to proceeding Final Design.
3.The RECIPIENT will upload a digital copy of the Final Bid Package to EAGL for review and acceptance prior to
advertising the project. The Final Bid Package includes: project plans, specifications, engineer’s opinion of cost
including a schedule of eligible costs, and project construction schedule.
Task Goal Statement:
The RECIPIENT will complete all design, environmental review, and permitting tasks and respond to ECOLOGY
comments in a timely manner.
Task Expected Outcome:
The project will meet the requirements set forth by the State Environmental Policy Act, cultural resource protection
requirements, ECOLOGY water quality facility design standards, and all other applicable federal, state and local laws
and regulations.
The project will produce a bid ready set of plans and specifications that will allow the the construction of an
aesthetically pleasing, low cost, and effective solution to treat stormwater in the Heather Downs residential
neighborhood.
Version 10/30/2015
AGENDA ITEM #3. a)
Page 10 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2017-Renton-00002
Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
Recipient Task Coordinator: Ken Srilofung
Deliverables
Design Plans and Specs, Environmental Review
Number Description Due Date
2.1 Copy of SEPA determination documentation. Upload to EAGL and
notify ECOLOGY when upload is complete.
2.2 Submit ECOLOGY 05-05/106 Form and any supplemental cultural
resources documentation including Cultural Resource surveys directly to
the Ecology Project Manager. Upload the Final Determination Letter to
EAGL.
2.3 Inadvertent Discovery Plan. Upload to EAGL and notify ECOLOGY
when upload is complete.
2.4 Design Report. Upload to EAGL and notify ECOLOGY when upload is
complete.
2.5 Responses to ECOLOGY Design Report comments. Upload to EAGL
and notify ECOLOGY when upload is complete.
2.6 Ecology Design Report Acceptance Letter. Upload to EAGL and notify
ECOLOGY when upload is complete.
2.7 90 Percent Design Package. Upload to EAGL and notify ECOLOGY
when upload is complete.
2.8 Responses to ECOLOGY 90 Percent Design Plan comments. Upload to
EAGL and notify ECOLOGY when upload is complete.
2.9 Ecology 90 Percent Design Acceptance Letter. Upload to EAGL and
notify ECOLOGY when upload is complete.
2.10 List of permits acquired, and environmental review documents. Upload
to EAGL and notify ECOLOGY when upload is complete.
2.11 Final Bid Package. Upload to EAGL and notify ECOLOGY when upload
is complete.
2.12 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and
notify ECOLOGY when upload is complete.
Version 10/30/2015
AGENDA ITEM #3. a)
Page 11 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2017-Renton-00002
Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
BUDGET
Funding Distribution EG180582
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
SFAP - SFY17
100%
Environmental Legacy Stewardship Account (ELSA) - State
Type:
Funding Source %:
Description:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 0%
25%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
SFAP
01/01/2018 12/31/2020
Grant
SFAP Task Total
Project Administration/Management 12,400.00$
Design Plans and Specs, Environmental Review 111,600.00$
124,000.00$Total:
Version 10/30/2015
AGENDA ITEM #3. a)
Page 12 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2017-Renton-00002
Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%93,000.00 124,000.0031,000.0025.00SFAP
Total $$31,000.00 93,000.00 $124,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
“Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98
WAC, to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest
earned in an Administrative Charge Account.
“Administrative Requirements” means the effective edition of ECOLOGY's Administrative Requirements for
Recipients of Ecology Grants and Loans at the signing of this agreement.
“Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest
plus all principal due on such bonds or loans in such year.
“Average Annual Debt Service” means, at the time of calculation, the sum of the Annual Debt Service for the
remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years.
“Centennial Clean Water Program” means the state program funded from various state sources.
“Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of
the project.
“Cost Effective Analysis” means a comparison of the relative cost-efficiencies of two or more potential ways of
solving a water quality problem as described in Chapter 173-98-730 WAC.
“Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments
and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due.
“Effective Date” means the earliest date on which eligible costs may be incurred.
“Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge.
Version 10/30/2015
AGENDA ITEM #3. a)
Page 13 of 38State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2017-Renton-00002
Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
“Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT.
“Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount.
“Equivalency” means projects designated by ECOLOGY to meet additional federal requirements.
“Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT
through such time as the loan is officially
closed out and a final loan repayment schedule is issued.
“Final Loan Amount” means all principal of and interest on the loan from the Project Start Date through the Project
Completion Date.
“Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final
Loan Amount.
“Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower.
“General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the
RECIPIENT and by the full faith, credit,
and resources of the RECIPIENT.
“General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a
valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and
statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable
property within the boundaries of the RECIPIENT.
“Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and
operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility
Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal
proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance,
or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account
other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special
account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code.
“Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the
project is funded.
“Initiation of Operation Date” means the actual date the Water Pollution Control Facility financed with proceeds of the
loan begins to operate for its intended purpose.
“Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
(Centennial) Loan made pursuant to this loan agreement.
“Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount, as applicable.
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City of Renton
“Loan Fund” means the special fund of that name created by ordinance or resolution of the RECIPIENT for the
repayment of the principal of and interest on the loan.
“Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan.
“Loan Term” means the repayment period of the loan.
“Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the
Utility to be operated and maintained in good repair, working order, and condition including payments to other parties,
but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes.
“Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense.
“Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents.
“Principal and Interest Account” means, for a loan that constitutes Revenue-Secured Debt, the account of that name
created in the loan fund to be first used to repay the principal of and interest on the loan.
“Project” means the project described in this agreement.
“Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully
completed.
“Project Schedule” means that schedule for the project specified in the agreement.
“Reserve Account” means, for a loan that constitutes Revenue-Secured Debt, the account of that name created in the
loan fund to secure the payment of the principal of and interest on the loan.
“Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and
one not a general obligation of the RECIPIENT.
“Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors
associated to a RECIPIENT or project.
“Scope of Work” means the tasks and activities constituting the project.
“Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water
pollution.
“Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date
of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or
issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility
prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense.
“State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund
established by Chapter 90.50A.020 RCW.
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City of Renton
“Termination Date” means the effective date of ECOLOGY’s termination of the agreement.
“Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any
outstanding balance of the loan and all accrued interest.
“Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been
determined to be eligible for ECOLOGY grant or loan funding.
“Total Project Cost” means the sum of all costs associated with a water quality project, including costs that are not
eligible for ECOLOGY grant or loan funding.
“ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of
additions to and extensions and betterments of the Utility.
“ULID Assessments” means all assessments levied and collected in any ULID. Such assessments are pledged to be
paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or
account). ULID Assessments will include principal installments and any interest or penalties which may be due.
“Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT,
the Net Revenue of which is pledged to pay and secure the loan.
SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY
COMBINED FINANCIAL ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are
available on ECOLOGY’s Water Quality Program website.
A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements
of Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services,” have been, or shall be, met in
procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and
ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY.
B. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that
activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water
Quality Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website.
C. Cultural Resources: The RECIPIENT shall:
1) The RECIPIENT shall comply with all applicable federal, state and local environmental laws, statutes, regulations,
executive orders, and permits.
2) The RECIPIENT shall comply with Ecology’s Archaeological Resource and Historic Property review process. The
RECIPIENT agrees that in no case shall construction activities, ground disturbance, or excavation of any kind, begin
until provisions of this process are complied with. The RECIPIENT is responsible for developing a complete
Inadvertent Discovery Plan (IDP). The IDP must be immediately available upon request by any party. The IDP must be
readily available and be implemented to address any discovery. The RECIPIENT shall implement the procedures in
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City of Renton
the IDP, and immediately notify ECOLOGY, the Department of Archeology and Historic Preservation (DAHP), and
tribal representatives, if human remains, cultural, or archeological resources are discovered in the course of ground
disturbing activities. For more details regarding requirements under this provision, please reference the Water Quality
Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website.
D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment
reimbursement. Washington State’s Department of Enterprise Services (DES) issues all payments. DES maintains a
central vendor file for Washington State agency use to process vendor payments. The RECIPIENT can complete the
registration process online at:
http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. This registration process
allows the RECIPIENT to sign up for direct deposit payments, also known as electronic fund transfers (EFT). If the
RECIPIENT has questions about the vendor registration process or setting up direct deposit payments contact DES
Payee Help Desk at (360) 664-7779 or payeehelpdesk@des.wa.gov.
E. Equipment Purchase: Equipment not included in the scope of work or the Ecology approved construction plans and
specifications, must be pre-approved by ECOLOGY’s project manager before purchase.
F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for
Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of
project signs, acknowledgement in published materials, reports, the news media, websites, or other public
announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant
signs. Sign logos are available from ECOLOGY’s Financial Manager upon request.
G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with
the requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the
status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify
ECOLOGY in writing of this change within 30 days.
H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary
for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal
Cooperation Act.” The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to
ECOLOGY upon request.
I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under
this agreement.
J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project
results or water quality project outcomes and the status of long-term environmental results or goals from the project
approximately three years after project completion. A representative from ECOLOGY’s Water Quality Program may
contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may
otherwise evaluate the project, as part of this assessment.
K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of
this agreement. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review
spending trends, completion of outcome measures, and overall project administration and performance. If the
RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope
of work, reduce grant funds, or increase oversight measures.
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Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement
shall be consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical
Guide for Washington State. However, ECOLOGY may accept as eligible technical assistance, proposed practices, or
project designs that do not meet these standards if approved in writing by the NRCS and ECOLOGY.
SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND ONLY CENTENNIAL CLEAN
WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS.
The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY:
1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program
website.
2. Clean Water Act Section 319 Initial Data Reporting Sheet or the “Section 319 Initial Data Reporting” form in
EAGL.
A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before
this agreement can be signed by Ecology. This form is used to gather general information about the project.
B. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT
shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA
logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain
the appropriate EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology’s Financial
Manager.
To increase public awareness of projects serving communities where English is not the predominant language,
RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages.
Translation costs for this purpose are allowable, provided the costs are reasonable.
The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this
agreement:
“This project has been funded wholly or in part by the United States Environmental Protection Agency under an
assistance agreement to the Washington State Department of Ecology. The contents of this document do not
necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade
names or commercial products constitute endorsement or recommendation for use.”
C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting”
form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the
RECIPIENT has completed the form. This form is used to gather information on pollutant load reductions for each
best management practice (BMP) installed as a part of this project.
D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time
extension cannot exceed the time limitation established in EPA’s assistance agreement. In the event a time extension
is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this
agreement by the expiration date.
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Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND
(SRF) LOAN FUNDED PROJECTS ONLY.
A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT
Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental
Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in
accordance with the standards in Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of
Accounting”.
B. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from
an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The
RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the
fiscal year or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report
Package MUST be submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at:
https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single
audit submissions, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/.
C. Archaeological Resources and Historic Properties (Section 106): See Section 2.C of the terms and conditions of this
agreement, the RECIPIENT shall comply with the additional requirements under section 106 of the National Historic
Preservation Act (NHPA, 36 CFR 800).
D. Consultant Cap: The RECIPIENT shall ensure that loan or grant funds provided under this agreement to reimburse
for costs incurred by individual consultants (excluding overhead) is limited to the maximum daily rate for Level IV of
the Executive Schedule (formerly GS-18), to be adjusted annually. The Executive Schedule can be found at:
https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/. This limit applies to consultation services of
designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include
transportation and subsistence costs for travel performed. Contracts for services awarded using the procurement
requirements in Subpart D of 2 CFR 200 are not affected by this limitation unless the terms of the contract provide the
RECIPIENT with responsibility for the selection, direction, and control of the individuals who shall be providing
services under the contract at an hourly or daily rate of compensation. See 2 CFR 1500.9 for additional information.
E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements:
RECIPIENTs shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the
RECIPIENT must ensure that the organization’s information in the System for Award Management (SAM),
https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates
the information at least annually after the initial registration, and more frequently if information changes.
F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to
comply with the requirements of the Environmental Protection Agency’s Program for Utilization of Small, Minority,
and Women’s Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
whenever procuring construction, equipment, services and supplies under this agreement. Records documenting
compliance with the following six good faith efforts shall be retained:
1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government
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Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
RECIPIENTs, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them
whenever they are potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and
facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever
possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or
proposal closing date.
3) Consider in the contracting process whether firms competing for large contracts could subcontract with
Disadvantaged Business Enterprises. For Indian Tribal, and State and Local Government RECIPIENTs, this shall
include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum
participation by Disadvantaged Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for
one of these firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency
of the Department of Commerce.
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request.
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
administration provisions of 40 CFR, Section 33.302.
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or
sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33
in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the
RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination
of this contract or other legally available remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections.
The RECIPIENT shall comply with all federal and state nondiscrimination laws, including, but not limited to Title VI
and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education
Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against
Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law,
regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part, and the
RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be
given a reasonable time in which to cure this noncompliance.
The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors,
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City of Renton
engineers, vendors, and any other entity for work or services pertaining to this agreement.
“The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this
Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of
contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out
these requirements is a material breach of this Contract which may result in termination of this Contract or other
legally available remedies.”
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The
bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote
subcontracts, including both MBE/WBEs and non-MBE/WBEs.
1. Entity's name with point of contact
2. Entity's mailing address, telephone number, and e-mail address
3. The procurement on which the entity bid or quoted, and when
4. Entity's status as an MBE/WBE or non-MBE/WBE
G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided
under this agreement for costs in the development or purchase of EIT systems or products provide individuals with
disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a
program, including those offered through electronic and information technology as per Section 504 of the
Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to
meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability
features or functions that accommodate the needs of persons with disabilities, including those who use assistive
technology.
H. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or
training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of
the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the
Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance,
or to find other information about the Act. Pursuant to 15 USC 2225a.
I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in
forms of trafficking in persons during the period of time this agreement is effective. This includes, but is not limited
to the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of
any information received from any source alleging a violation under this provision.
SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED
PROJECTS ONLY.
The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by
ECOLOGY:
1. Opinion of RECIPIENT’s Legal Council
2. Authorizing Ordinance or Resolution
3. Federal Funding Accountability and Transparency Act (FFATA) Form
4. CWSRF Federal Reporting Information form available in EAGL
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City of Renton
5. Fiscal Sustainability Plan Certification (only required if the project includes construction of a wastewater or
stormwater facility construction)
A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially
alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall
take no action which would adversely affect the eligibility of the project as defined by applicable funding program
rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein.
B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration,
maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et
seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United
States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes
and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from
this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate
all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for
the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request
documentation of RECIPIENT’S compliance with this provision.
C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington,
including the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution.
The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager
before this agreement shall be signed by ECOLOGY.
D. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan
Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available
from the ECOLOGY Financial Manager or on the Water Quality Program website.
E. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the
RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA
assistance agreements nationwide. The signage guidance can be found at:
http://www.ecy.wa.gov/programs/wq/funding/FundPrgms/CWSRF/SignageGuidanceJune2015.pdf.
F. Free Service: The RECIPIENT shall not furnish utility service to any customer free of charge if providing that free
service affects the RECIPIENT's ability to meet the obligations of this agreement.
G. Insurance: The RECIPIENT shall at all times carry fire and extended coverage, public liability, and property
damage, and such other forms of insurance with responsible insurers and with policies payable to the RECIPIENT on
such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by
municipal or privately-owned utilities engaged in the operation of like systems, and against such claims for damages
as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, or it shall
self-insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the
RECIPIENT, to protect it against loss.
H. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the
loan, unless terminated earlier according to the provisions herein.
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Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this
loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan
repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan
and all accrued interest to the computation date.
The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear
interest based on the interest rate identified in this agreement as the “Effective Interest Rate,” per annum, calculated on
the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly
based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal
installments semiannually over the term of this loan “Loan Term” as outlined in this agreement.
I. Loan Repayment:
Sources of Loan Repayment
1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources
identified below and to perform and observe all of the other agreements and obligations on its part contained herein
shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any
kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the
covenants, agreements, and attachments contained herein.
2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the
RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations
provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries
of the RECIPIENT.
4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan
shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net
Revenue of any Senior Lien Obligations.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall
constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever.
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available
to it.
6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and
shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan.
If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately
upon their receipt, together with other available RECIPIENT funds, to repay both of the following:
(i) The Loan Amount with interest
(ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion
ECOLOGY finds that repayment from those additional sources would not be in the public interest.
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Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such
repayment shall incur Late Charges and shall be treated as a Loan Default.
7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall
give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the
loan.
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of
principal and interest on this loan shall be due and payable no later than one year after the project completion date or
initiation of operation date, whichever comes first.
Thereafter, equal payments shall be due every six months.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State
agencies, the payment shall be due on the next business day for Washington State agencies.
Payments shall be mailed to:
Department of Ecology
Cashiering Unit
P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial
Manager.
No change to the amount of the semiannual principal and interest payments shall be made without a formal
amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement
until the amendment is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended
agreement.
2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this
agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge
shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is
paid in full.
3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others:
those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments.
4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid
principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the
Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the
outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid
balance and accrued interest, the RECIPIENT shall first contact ECOLOGY’s Revenue/Receivable Manager of the
Fiscal Office.
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Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
J. Loan Security
Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for
Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other
outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay
into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over
and above such Maintenance and Operation Expense and those debt service requirements.
Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the
sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses.
Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the
RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory
tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the
RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay
when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are
pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and
interest.
Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on
special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an
indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations.
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long
as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable
ULID Assessments in the ULID, to pay when due the principal of and interest on the loan.
Reserve Requirement: For loans that are Revenue-Secured Debt with terms greater than five years, the RECIPIENT
must accumulate a reserve for the loan equivalent to at least the Average Annual Debt Service on the loan during the
first five years of the repayment period of the loan. This amount shall be deposited in a Reserve Account in the Loan
Fund in approximately equal annual payments commencing within one year after the initiation of operation or the
project completion date, whichever comes first.
“Reserve Account” means, for a loan that constitutes Revenue-Secured Debt, an account of that name created in the
Loan Fund to secure the payment of the principal and interest on the loan. The amount on deposit in the Reserve
Account may be applied by the RECIPIENT (1) to make, in part or in full, the final repayment to ECOLOGY of the
loan amount or, (2) if not so applied, for any other lawful purpose of the RECIPIENT once the Loan Amount, plus
interest and any other amounts owing to ECOLOGY, have been paid in full.
Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All
ULID Assessments in the ULID shall be paid into the loan Fund and used to pay the principal of and interest on the
loan. The ULID Assessments in the ULID may be deposited into the Reserve Account to satisfy a Reserve
Requirement if a Reserve Requirement is applicable.
K. Maintenance and Operation of a Funded Utility: The RECIPIENT shall at all times maintain and keep a funded
Utility in good repair, working order and condition and also shall at all times operate the Utility and the business in an
efficient manner and at a reasonable cost.
L. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the
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City of Renton
RECIPIENT” to ECOLOGY before this agreement shall be signed. ECOLOGY will provide the form.
M. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the
Davis-Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment
works carried out in whole or in part with assistance made available by the State Revolving Fund as authorized by
Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed
by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those
prevailing on projects of a character similar in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing
requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations
shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required
EPA contract language regarding Davis-Bacon Wages is in all contracts and sub contracts in excess of $2,000. The
RECIPIENT shall maintain records sufficient to document compliance with the Davis-Bacon Act, and make such
records available for review upon request.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works,
Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public
work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT
agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records
available for review upon request.
N. Litigation; Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to
restrain, or enjoin:
(i) the execution of this agreement; or
(ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection
of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien
obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general
obligation-secured loans and general obligation payable from special-assessment-secured loans); or
(iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are
authorized. Neither the corporate existence or boundaries of the RECIPIENT nor the title of its present officers to
their respective offices is being contested. No authority or proceeding for the execution of this agreement has been
repealed, revoked, or rescinded.
O. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows:
Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in
connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement,
true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this
agreement known to the RECIPIENT which has not been disclosed in writing to ECOLOGY.
Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the
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Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
state of Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute,
deliver, and perform all of its obligations under this agreement and to undertake the project identified herein.
Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all
representations and warranties made in this loan agreement remain true as of the date of the request and that no
adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to
repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the
RECIPIENT’s financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for
payment.
P. Sale or Disposition of Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works,
plant, properties, facilities, or other part of the Utility or any real or personal property comprising a part of the Utility
unless:
1. The facilities or property transferred are not material to the operation of the Utility, or have become unserviceable,
inadequate, obsolete, or unfit to be used in the operation of the Utility or are no longer necessary, material, or useful to
the operation of the Utility; or
2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no
more than three percent of the total assets of the Utility; or
3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion
to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding
less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the
Utility from the portion of the Utility sold or disposed of for the preceding year bears to the total Gross Revenue for
that period.
4. Expressed written agreement by the DEPARTMENT.
The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the
redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of
additions to and betterments and extensions of the Utility.
Q. Sewer-Use Ordinance or Resolution: If not already in existence, the RECIPIENT shall adopt and shall enforce a
sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request.
The sewer use ordinance must include provisions to:
1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system.
2) Prohibit inflow of stormwater.
3) Require that new sewers and connections be properly designed and constructed.
R. Termination and Default:
Termination and Default Events
1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient
ECOLOGY or RECIPIENT funds.
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Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to
commence project work.
3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan
repayment becomes 60 days past due.
4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full
by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its
obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to
perform any obligation required of it by this loan agreement.
Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide
to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination
(the “Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date
and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all
accrued interest (the “Termination Payment Date”).
Termination and Default Remedies
No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its
sole discretion, withdraw the loan and make no further payments under this agreement.
Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event,
ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount
and all accrued interest.
Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the
RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof.
Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and
interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien
Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien
Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges.
Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or
after acceleration following a default event, as applicable, shall incur late charges.
Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,”
any state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the
repayment of the loan.
Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property
(equipment) acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In
that circumstance, ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair
value of such property.
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City of Renton
Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall, at the option
of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take
any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and
observance of any obligation by the RECIPIENT, under this agreement.
Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of
attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff)
shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW.
Damages. Notwithstanding ECOLOGY’s exercise of any or all of the termination or default remedies provided in this
agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and/or the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may
withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the
RECIPIENT is determined.
S. User-Charge System: The RECIPIENT certifies that it has the legal authority to establish and implement a
user-charge system and shall adopt a system of user-charges to assure that each user of the utility shall pay its
proportionate share of the cost of operation and maintenance, including replacement during the design life of the
project.
In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system
provides adequate revenues necessary to operate and maintain the utility, to establish a reserve to pay for replacement,
to establish the required Loan Reserve Account, and to repay the loan.
WATER QUALITY COMBINED FINANCIAL ASSISTANCE TERMS AND CONDITIONS LAST UPDATED ON
10/04/2016
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred,
proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal
government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certification, they must provide an explanation as to why they
cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
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City of Renton
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact ECOLOGY for assistance in obtaining a copy of those regulations.
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal
remedies, including suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
·Receives more than $25,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.
Ecology is required to report the FFATA information for federally funded agreements, including the required
DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA
information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
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WQC-2017-Renton-00002
Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION
1.ADMINISTRATIVE REQUIREMENTS
a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL
Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement.
c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right
to request proof of compliance by subgrantees and contractors.
d)RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character of all work and services.
2.AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No
subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff
contacts and administrative information without the concurrence of either party.
3.ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic
resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to
historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this
Agreement.
RECIPIENT shall:
a)Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their
project:
•For capital construction projects or land acquisitions for capital construction projects, if required, comply with
Governor Executive Order 05-05, Archaeology and Cultural Resources.
•For projects with any federal involvement, if required, comply with the National Historic Preservation Act.
•Any cultural resources federal or state requirements must be completed prior to the start of any work on the project
site.
b)If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to
implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
•Keep the IDP at the project site.
•Make the IDP readily available to anyone working at the project site.
•Discuss the IDP with staff and contractors working at the project site.
•Implement the IDP when cultural resources or human remains are found at the project site.
c)If any archeological or historic resources are found while conducting work under this Agreement:
•Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic
Preservation at (360) 586-3064, any affected Tribe, and the local government.
d)If any human remains are found while conducting work under this Agreement:
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City of Renton
•Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, and
then the ECOLOGY Program.
e)Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal
laws protecting cultural resources and human remains.
4.ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
5.COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,
ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups.
6.COMPENSATION
a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the
RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted.
b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified
with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to
expenditure.
d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e)ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g)RECIPIENT will receive payment through Washington State Department of Enterprise Services’ Statewide Payee
Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form
at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For
any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email
payeehelpdesk@watech.wa.gov.
h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion
thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to
this Agreement, as appropriate, or upon completion of an audit as specified herein.
j)RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial,
performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement.
7.COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits
related to this Agreement, including but not limited to:
a)RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State
of Washington which affect wages and job safety.
b)RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against
discrimination.
c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project
timeline for the permit and approval processes.
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Heather Downs Detention Pond Water Quality Retrofit Project
City of Renton
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered
modified to conform to that statute or rule of law.
8.CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or
responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial
interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part,
in this Agreement or the proceeds thereof.
9.CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
award all contracts for construction, purchase of goods, equipment, services, and professional architectural and
engineering services through a competitive process, if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT
may be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with
state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion.
10.DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this
Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a)RECIPIENT notifies the funding program of an appeal request.
b)Appeal request must be in writing and state the disputed issue(s).
c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d)ECOLOGY reviews the RECIPIENT’s appeal.
e)ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the
review.
The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of
such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or
duly authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director’s
decision will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method, in
addition to the dispute resolution procedure outlined above.
11.ENVIRONMENTAL DATA STANDARDS
a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses
environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact
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the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
•Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance
(QA) officer or the Program QA coordinator instructs otherwise.
•Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July
2004 (Ecology Publication No. 04-03-030).
•Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the
Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The
RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find
instructions at: http://www.ecy.wa.gov/eim.
c)RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected
and processed. Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT,
when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables,
raw data collection files, map products, and all metadata and project documentation.
12.GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought
hereunder will be in the Superior Court of Thurston County.
13.INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the
project described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the
other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act
or omission of that party or that party's agents or employees arising out of this Agreement.
14.INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue
to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of
the other party.
15.KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement
to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift
in return for award of a subcontract hereunder.
16.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and
women-owned (WBE) businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged
to take the following actions, when possible, in any procurement under this Agreement:
a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods
or services.
b)Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum
participation by qualified minority and women's businesses.
c)Establish delivery schedules, where work requirements permit, which will encourage participation of qualified
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City of Renton
minority and women's businesses.
d)Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises
(OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as
appropriate.
17.ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved
by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The
Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by
reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the
General Terms and Conditions.
18.PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the
fulfillment of this Agreement:
a)If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days
prior to production and distribution.
b)RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline.
c)If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible
products developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets,
videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator
magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to
provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best
represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s
graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY’s
logo contact ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
19.PROGRESS REPORTING
a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does
not document timely use of funds.
b)RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports.
c)RECIPIENT shall use ECOLOGY’s provided progress report format.
d)Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after
the end of the quarter being reported.
e)RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
20.PROPERTY RIGHTS
a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,
nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to
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authorize others to use the same for federal, state, or local government purposes.
b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports,
maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c)Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d)Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology
Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary,
or upon specific instructions with respect thereto in this Agreement.
e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
1.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
2.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens
certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim
which would impair the uses intended by this Agreement.
g)Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any
equipment, property, or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance
which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such
property.
21.RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a)Be kept in a manner which provides an audit trail for all expenditures.
b)Be kept in a common file to facilitate audits and inspections.
c)Clearly indicate total receipts and expenditures related to this Agreement.
d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of
Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of
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this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times,
in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
22.RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)
or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments
within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the
time ECOLOGY demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
23.SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid
provision, and to this end the provisions of this Agreement are declared to be severable.
24.STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State
Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any
reimbursements are subject to this provision.
25.SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
26.SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a)Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low
impact meetings, and setting up recycling and composting programs.
b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers
and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products
with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post-consumer
recycled paper.
For more suggestions visit ECOLOGY’s web page: Green Purchasing, ,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
27.TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
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City of Renton
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material
breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date
mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the
opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any
further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from
the RECIPIENT is determined.
b)For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best
interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted
below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding. In the event
funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and
prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate
the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding
insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although
ECOLOGY will make a reasonable attempt to provide notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor
through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the
recipient/contractor. In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the
agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c)By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written
agreement.
d)In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other
materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
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City of Renton
completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
28.THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state
of Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
29.WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,
and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
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