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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, May 11, 2020
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. CALL TO ORDER
2. ROLL CALL
3. ADMINISTRATIVE REPORT
4. AUDIENCE COMMENTS
In response to COVID-19, Councilmembers are attending this meeting remotely. Due to
security concerns, the video-conference identification number is not being shared publicly.
City Hall is closed so no in-person comments will be accepted, however, residents are
encouraged to participate in a variety of ways. 1) Residents may submit comments in advance
to cityclerk@rentonwa.gov, 2) Residents may also call-in to 425-430-7171 then enter code
0033665# to listen to the proceedings, 3) Residents may view the proceedings live on
Renton’s Channel 21, and 4) Residents may view the proceedings streaming live at
http://rentonwa.gov/streaming.
5. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of May 4, 2020.
Council Concur
b) AB - 2643 Mayor Pavone reappoints Ms. Jeanne DeMund (Kennydale Neighborhood,
alternate position), Mr. Matthew Devine (Talbot Hill Neighborhood, primary position),
Ms. Sarah Saguil (Talbot Hill Neighborhood, alternate position), Mr. Jeff Dineen (South
Renton Neighborhood, primary position), Ms. Bojana Gugulevska (Renton Hill/Monterey
Terrace Neighborhood, alternate position), Mr. Kurt Boswell (Airport Leaseholder,
primary position), and Mr. Bob Ingersoll (Airport Leaseholder, alternate position) to the
Renton Airport Advisory Committee with terms expiring May 5, 2023.
Council Concur
c) AB - 2647 Community & Economic Development Department recommends approving a
100-percent waiver of the sign variance application fee and corresponding five-percent
technology surcharge fee, totaling $1,365, for the Penney Lofts, LLC affordable housing
project called the Penney Lofts.
Refer to Finance Committee
d) AB - 2648 Community & Economic Development Department submits the 2020
Comprehensive Plan Map Amendments and concurrent rezones for review. After review,
the Planning Commission will submit recommendations on the amendments and rezones
to Council.
Refer to Planning Commission and Planning & Development Committee
e) AB - 2646 Community Services Department requests authorization to apply for a State
Recreation and Conservation Office (RCO) Land and Water Conservation Fund (LWCF)
development grant, in the amount of $500,000, for the Gene Coulon Memorial Beach
Park Trestle Bridge Replacement project.
Refer to Finance Committee
f) AB - 2649 Executive Department requests authorization to execute the Washington State
Military Department and the Department of Homeland Security Emergency Management
Performance Grant (EMPG) Contract Amendment E20-174 upon approval by the
Washington State Department of Emergency Management, in order to divert resources
from projects that could not be completed due to the COVID-19 emergency, and apply
those resources towards the COVID-19 emergency instead.
Council Concur
g) AB - 2645 Human Resources / Risk Management Department requests confirmation of
Mayor Pavone's appointment of Martin Pastucha as Public Works Administrator, at salary
grade m49, Step E, effective June 1, 2020.
Council Concur
h) AB - 2644 Public Works Administration requests authorization to purchase signal cabinet
supplies from Western Systems totaling $106,405.66, which will ensure better
performance and reliability overall which reduces emergency call-outs due to signal
cabinet failures.
Council Concur
i) AB - 2640 Utility Systems Division requests authorization to execute the Water Quality
Grant Agreement WQC-2020-Renton-00214, with the Department of Ecology, in order to
accept $277,500 in grant funds for the Burnett Ave S and Williams Ave S Water Quality
Retrofit project.
Refer to Finance Committee
6. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Finance Committee: Vouchers
7. LEGISLATION
8. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
9. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
5:30 p.m. - MEETING REMOTELY
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
May 4, 2020 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES ‐ City Council Regular Meeting
7:00 PM ‐ Monday, May 4, 2020
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER
Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM.
ROLL CALL
Councilmembers Present:
Ruth Pérez, Council President
Randy Corman, Council Position No. 1
Angelina Benedetti, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
Ryan McIrvin, Council Position No. 4
Ed Prince, Council Position No. 5
Kim‐Khánh Vǎn, Council Position No. 7
(all councilmembers attended remotely)
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Robert Harrison, Chief Administrative Officer
Shane Moloney, City Attorney
Jason Seth, City Clerk
Preeti Shridhar, Deputy Public Affairs Administrator
Chip Vincent, Community & Economic Development Administrator
Jan Hawn, Administrative Services Administrator
Ellen Bradley‐Mak, Human Resources and Risk Management Administrator
Kelly Beymer, Community Services Administrator
Jim Seitz, Acting Public Works Administrator
Chief Ed VanValey, Police Department Administrator
Julia Medzegian, Council Liaison
Carolyn Kraft, Senior Benefits Analyst
Kristi Rowland, Organizational Development Manager
(All City staff attended remotely except City Clerk Seth)
AGENDA ITEM #5. a)
May 4, 2020 REGULAR COUNCIL MEETING MINUTES
PROCLAMATION
a) Our commitment to an inclusive community that rejects stigma and bias related to COVID‐
19: A proclamation by Mayor Pavone was read declaring May 4th to be "Our commitment to
an inclusive community that rejects stigma and bias related to COVID‐19" Day in the City of
Renton, urging all Renton residents to treat each other with respect and work together to
overcome all expressions of hate and bigotry.
MOVED BY PÉREZ, SECONDED BY VǍN, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
b) Public Service Recognition Week: A proclamation by Mayor Pavone was read declaring May
3 ‐ 9, 2020 to be Public Service Recognition Week in the City of Renton, encouraging all
members of the community to recognize the accomplishments and contributions of
government employees at all levels ‐ federal, state, county, and city.
MOVED BY VǍN, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
ADMINISTRATIVE REPORT
Chief Administrative Officer Robert Harrison reviewed a written administrative report
summarizing the City’s recent progress towards goals and work programs adopted as part of
its business plan for 2020 and beyond. Items noted were:
The City of Renton invites sidewalk chalk artists of all ages and abilities to take part in
the first “Chalk Your Walk” on May 4‐10. The city’s Recreation & Neighborhoods
division created the event to encourage neighborhoods to decorate their sidewalks,
driveways, etc. to entertain and bring joy. For inspiration, the city offers daily themes,
but creativity and individuality are encouraged. Daily themes and additional details
can be found at rentonwa.gov/chalkyourwalk. Artists are encouraged to share their
chalk artwork on social media using #LetsGoChalkRTN.
The City of Renton is estimated to receive approximately $3.141 million in a direct
distribution of the federal CARES Act dollars through the State of Washington for
COVID‐19 related expenses. The state essentially decided on $30 per person with a
minimum distribution of $25,000 per municipality.
Due to the extended Stay Home, Stay Healthy order, Henry Moses Aquatic Center will
not open this summer, and beaches will not have lifeguards on duty. There will be
signage and other measures to protect the public if large gatherings are allowed. This
was also part of the city’s budget savings recommendation.
You can find information on the city’s website and social media pages regarding the
city’s COVID‐19 response. Additionally, the Mayor’s newsletter is published three
times per week and has the most up‐to‐date information and access to state and
county resources. If you haven’t signed up for the Mayor’s newsletter, you can do so
at http://rentonwa.gov/mnl.
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AGENDA ITEM #5. a)
May 4, 2020 REGULAR COUNCIL MEETING MINUTES
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing. Councilmember
Prince removed Item 6.f. for separate consideration.
a) Approval of Council Meeting minutes of 4/27/2020. Council Concur.
b) AB ‐ 2641 Human Resources / Risk Management Department recommended approval of
Standard Insurance Company's life insurance rate and coverage amendment, which reduces
rates, improves some minor coverage provisions, and extends the service agreement for rate
guarantee through 2023. Council Concur.
c) AB ‐ 2632 Police Department requested authorization to execute an Interlocal Agreement,
Memorandum of Understanding, and a Radio End User Service Level Agreement with Puget
Sound Emergency Radio Network (PSERN), which implements a new public safety radio
system and defines agencies' roles and responsibilities. Refer to Public Safety Committee.
d) AB ‐ 2638 Police Department requested authorization to execute the Edward Byrne Memorial
Justice Assistance (JAG) Program FY2018 Local Solicitation grant agreement, in order to
receive up to $30,158 in grant funds to supplement the City's domestic violence victim
advocate program. Council Concur.
e) AB ‐ 2639 Police Department requested authorization to execute the Edward Byrne Memorial
Justice Assistance (JAG) Program FY2019 Local Solicitation grant agreement, in order to
receive up to $34,341 in grant funds to supplement the City's domestic violence victim
advocate program. Council Concur.
g) AB ‐ 2635 Transportation Systems Division requested approval to execute Amendment 1‐20
to LAG‐19‐001, lease with Rainier Flight Services, LLC, which results in an initial annual
economic impact of $22,577.40 by bringing the land rental rate current; and benefits all
parties by extending the organization's opportunity to meet construction deadlines. Refer to
Transportation (Aviation) Committee.
MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, MINUS ITEM 6.f. CARRIED.
SEPARATE CONSIDERATION ITEM 6.f.
f) AB ‐ 2642 Public Works Administration requested authorization to hire a Wastewater Utility
Engineering Manager at salary grade m33, Step E. Refer to Finance Committee.
MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL CONCUR TO APPROVE
CONSENT AGENDA ITEM 6.f. AS COUNCIL CONCUR. CARRIED.
LEGISLATION
Resolution:
a) Resolution No. 4407: A resolution was read amending the 2019/2020 City of Renton Fee
Schedule.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL ADOPT THE RESOLUTION AS
READ. CARRIED.
AGENDA ITEM #5. a)
May 4, 2020 REGULAR COUNCIL MEETING MINUTES
Ordinance for second and final reading:
b) Ordinance No. 5969: An ordinance was read amending the City of Renton fiscal years
2019/2020 Biennial Budget as adopted by Ordinance No. 5898, in the amount of
$137,996,543.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL: ALL AYES. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
Councilmember Corman noted that Council President Pérez had indicated during the
Committee of the Whole meeting that the topic of Affordable Housing should be sent to the
Planning & Development Committee, therefore, it was
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL REFER THE TOPIC OF
AFFORDABLE HOUSING TO THE PLANNING & DEVELOPMENT COMMITTEE.
CARRIED.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL ADJOURN. CARRIED.
TIME: 7:17 P.M.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
04 May 2020
AGENDA ITEM #5. a)
Council Committee Meeting Calendar
May 4, 2020
May 11, 2020 Monday
3:30 PM Finance Committee, Chair Prince – Videoconference
1. Vouchers
4:15 PM Planning & Development Committee, Chair Corman – Videoconference
1. Docket #14
2. Docket #15
3. Emerging Issues in CED
5:30 PM Committee of the Whole, Chair Pérez – Videoconference
1. Facilities Condition Update
2. 4th Floor Virtual Tour
3. Emerging Issues
AGENDA ITEM #5. a)
AB - 2643
City Council Regular Meeting - 11 May 2020
SUBJECT/TITLE: Reappointments to Renton Airport Advisory Committee
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Executive Department
STAFF CONTACT: April Alexander, Executive Assistant
EXT.: 6520
FISCAL IMPACT SUMMARY:
None
SUMMARY OF ACTION:
Mayor Pavone reappoints the following for a term ending 5/7/23:
Ms. Jeanne DeMund, Kennydale Neighborhood, alternate position
Mr. Matthew Devine, Talbot Hill Neighborhood, primary position
Ms. Sarah Saguil, Talbot Hill Neighborhood, alternate position
Mr. Jeff Dineen, South Renton Neighborhood, primary position
Ms. Bojana Gugulevska, Renton Hill/Monterey Terrace Neighborhood, alternate position
Mr. Kurt Boswell, Airport Leaseholder, primary position
Mr. Bob Ingersoll, Airport Leaseholder, alternate position
EXHIBITS:
A. Recommendation Memo
STAFF RECOMMENDATION:
Confirm Mayor Pavone's reappointments of Ms. DeMund, Mr. Devine, Ms. Saguil, Mr. Dineen, Ms.
Gugulevska, Mr. Boswell, and Mr. Ingersoll to the Renton Airport Advisory Committee.
AGENDA ITEM #5. b)
vi.uoIy I IveIU$.Je IL..UD Ii-toI 0
PUBLIC WORKS DEPARTMENT
MEMORANDUM
DATE:April 27,2020
TO:Armondo Pavone,Mayor DS
FROM:Ron Straka,Acting Public Works Administrator
STAFF CONTACT:Jason Anderson,Interim Airport Manager,ext.7476
SUBjECT:Renton Airport Advisory Committee Membership
Reappointments
The Renton Airport Advisory Committee has several position terms that are expiring
May 7,2020.The positions are as follows:
Mathew Devine Talbot Hill,Primary September 17,2007 May 7,2023
Sarah Saguil Talbot Hill,Alternate April 4,2019 May 7,2023
Jeff Dineen South Renton,Primary July 15,2019 May 7,2023
Bojana Gugulevska Renton Hill/Monterey May 6,2019 May 7,2023
Terrace,Alternate
Kurt Boswell Airport Leaseholder,October 2,2017 May 7,2023
Primary
Bob Ingersoll Airport Leaseholder,October 2,2017 May 7,2023
Secondary
The incumbents are considered to be members of good standing.Based on
conversations with the incumbent members,Airport management has determined each
of them has a desire to continue to serve on the Committee.These members
understand,and are committed to the City’s Airport Master Plan,mission statement and
Business Plan.In addition,they have demonstrated the ability to analyze detailed
information to balance competing objectives presented to the Committee.The Airport
management team recommends the incumbents be reappointed to their respective
positions on the Renton Airport Advisory Committee with terms expiring May 7,2023.
Due to Robert Moran’s resignation,Jeff Dineen has been appointed to the Primary
position for South Renton Neighborhood.
Jeane DeMund Kennydale,Alternate February 5,2018 May 7,2023
AGENDA ITEM #5. b)
LJULUOIYI I I veiup IL?.VQ .QtQi Ltt1 lt%-I]Vf 0 I
Armondo Pavone,Mayor
Page 2 of 2
April 27,2020
The Committee continues to accept applications for one primary (Benson Hill)and four
alternate (South Renton,Benson Hill,Highlands,Airport-at-Large)vacancies.The
Airport management team will be reviewing all applications and submit
recommendations to fill these vacancies in the near future.
cc:Robert Harrison,Chief Administrative Officer
Jim Seitz,Transportation Systems Director
April Alexander,Executive Assistant
Kelsey Marshall,Administrative Secretary I
Marleen Mandt,RAAC Chair
AGENDA ITEM #5. b)
AB - 2647
City Council Regular Meeting - 11 May 2020
SUBJECT/TITLE: Penney Lofts Sign Variance Fee Waiver Request
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Jill Ding, Senior Planner
EXT.: 6598
FISCAL IMPACT SUMMARY:
The estimated total fees requested to be waived for the Penney Lofts Sign Variance application are $1,365
($1,300 variance application fee and $65 Technology fee).
SUMMARY OF ACTION:
Penney Lofts, LLC has requested a waiver of the sign variance application and technology surcharge fees for the Penney
Lofts Sign Variance. The proposed projecting sign would have an area of approximately 34 square feet and would be
located such that the top of the sign would be 30 feet above grade. The project site is located within the CD zone and is
within the City Center Sign Area overlay. Projecting signs are permitted a maximum sign area of 12 square feet per face
with a maximum height above finished grade at 25 feet and a maximum projection over the sidewalk of 4 feet.
EXHIBITS:
A. Sign Plans
STAFF RECOMMENDATION:
Approve a 100-percent waiver of the sign variance application and 5% technology surcharge fees for the Penney Lofts
project.
AGENDA ITEM #5. c)
JOB NO.
DRAWING TITLE
DRAWN:
TYLER D
00.00.00 xxxxxxxxx
DATE
DATECHECKED:
DRAWING NO.
SCALE 3/8" = 1'-0"PAGE 1
2VER.
PENNEY LOFTS
The design depicted herein is the sole property of Western Neon Inc., and may not be reproduced in whole or in part without prior written consent.
Actual color, letter sizes and graphic layout may vary slightly due to the proper ties of materials. Colors may vary depending on media substrate. This
sign is intended to be installed in accordance with Ar ticle 600 of the National Electrical Code and/or other applicable local codes.
SIGN 1: EXTERIOR BLADE SIGN
MANUFACTURE AND INSTALL ONE (1) EXTERIOR BLADE SIGN WITH NEON AND LIGHT BULB ELEMENTS
FRONT VIEW RIGHT VIEW
SECTION VIEWSCALE 3/8" = 1'-0"
04.18.18 11440_PENNEY LOFTS
EXETERIOR BLADE SIGN
11440_SIGN01
NEON TUBE
TYPICAL TUBE SUPPORTS
TRANSFORMER
CORD TO PRIMARY POWER
OPEN CHANNEL CIRCLE
PAINTED TO MATCH PMS 711 C
15'-0"
1'-11 3/8"
Width: 4'-1 7/8"
Height: 15'-0"
Area: 33'-111 1/4" sq
TBD ATTACHMENT HARDWARE INTO WALL
15 MM CL6500 WHITE NEON TEXT
FULL-DIP GREY
APPROX. 52 LINEAR FT
Ø 4'-1 7/8"
ALUMINUM SIGN CABINETS
PAINTED WHITE WITH ACCENTS IN PMS 7487 C
15 MM GREEN NEON RINGS
FULL-DIP BLACK
APPROX. 55 LINEAR FT.
CENTER STRUT PAINTED BLACK
TDB SURVEY TO VERIFY SETBACK
POWER OUT THRU ARM TO 120V PRIMARY
POWER PROVIDED BY OTHERS
1'-3"
MARQUEE LIGHT BULBS
APPROX QTY 110
1'-8"
TEXT CABINETS
RETURNS PAINTED PMS 7487 C
10 5/8"AGENDA ITEM #5. c)
JOB NO.
DRAWING TITLE
DRAWN:
TYLER D 04.18.18
00.00.00 xxxxxxxxx
DATE
DATECHECKED:
DRAWING NO.
SCALE 1/16" = 1'-0"PAGE 2
2VER.
11440_PENNEY LOFTS
EXETERIOR BLADE SIGN
11440_SIGN01
PENNEY LOFTS
The design depicted herein is the sole property of Western Neon Inc., and may not be reproduced in whole or in part without prior written consent.
Actual color, letter sizes and graphic layout may vary slightly due to the proper ties of materials. Colors may vary depending on media substrate. This
sign is intended to be installed in accordance with Ar ticle 600 of the National Electrical Code and/or other applicable local codes.
BURRENT ST. ELEVATION CONTEXT RENDERING
SCALE 1/16" = 1'-0"
3RD ST. ELEVATION
SCALE 1/16" = 1'-0"
SCALE APPROXIMATE
ROOF LINE
T.O. SECOND FLR
T.O. FIRST FLR
ROOF LINE
T.O. SECOND FLR
T.O. FIRST FLR
938"15'-0"11'-0"15'-0"4'-0"30'-0"11'-0"938"NEW BLADE SIGN TO
MATCH ORIGINAL
NEW WINDOWS IN EXISTINGOPENINGS w/ LOWERED SILL
2'-0"CLERESTORYPENTHOUSE
6'-0"32'-0"5'-0"NEW 64x36 CLERESTORY WINDOWS
IN UNIT LOFTS
NEW 36x36 CLERESTORY
WINDOWS IN HALLWAYS
NEW 12'-0" WIDE STOREFRONTTO MATCH EXISTING
NEW STAIR PENTHOUSEBEYOND
ROOF LINE
T.O. SECOND FLR
T.O. FIRST FLR15'-0"4'-0"30'-0"938"458"11'-0"NEW STOREFRONT IN EXISTINGOPENING (typ)
NEW BLADE SIGN TO
MATCH ORIGINAL
NEW 48 x 84 WINDOWS ALIGNWITH CONCRETE SCORING
NEW CLERESTORY PENTHOUSE
NEW STAIR PENTHOUSE115'-9 1/2"AGENDA ITEM #5. c)
AB - 2648
City Council Regular Meeting - 11 May 2020
SUBJECT/TITLE: 2020 Comprehensive Plan Amendments
RECOMMENDED ACTION: Refer to Planning Commission and Planning & Development
Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Angie Mathias, Long Range Planning Manager
EXT.: 6576
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
The City has received one application for Comprehensive Plan Map Amendments and concurrent rezones. This
application was submitted by the October 15, 2019 deadline. State law specifies that Comprehensive Plans can be
amended “no more frequently than once every year”. Additionally, staff wish to take the opportunity as part of this
Amendment cycle to advance three additional Map Amendments and concurrent rezones.
The review process and review criteria for Comprehensive Plan Amendments are codified in RMC 4-9-020,
Comprehensive Plan Adoptions and Amendment Process. RMC 4-8-070 and 2-10-2 states that at the direction or
referral by Council, the Planning Commission will review and submit recommendations to Council on amendments to
the Comprehensive Plan. Council has the decision making authority for amendments to the Comprehensive Plan.
EXHIBITS:
A. Issue Paper
STAFF RECOMMENDATION:
Refer to the Planning & Development Committee and Planning Commission for review. Following this review, the
Planning Commission will present recommendations to Council.
AGENDA ITEM #5. d)
H:\CED\Planning\Comp Plan\Amendments\2020\Referral Issue Paper.doc
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE: May 11, 2020
TO: Ruth Perez, Council President
Members of the Renton City Council
VIA: Armondo Pavone, Mayor
FROM: C. E. “Chip” Vincent, CED Administrator (x6588)
SUBJECT: 2020 Comprehensive Plan Amendments
ISSUE:
Should the 2020 Comprehensive Plan amendments be referred to the Planning &
Development Committee and the Planning Commission for review?
RECOMMENDATION:
Refer the 2020 Comprehensive Plan amendments to the Planning and Development
Committee and Planning Commission for review.
BACKGROUND SUMMARY:
The City has received one application for Comprehensive Plan Map Amendments and
concurrent rezones. This application was submitted by the October 15, 2019 deadline.
State law specifies that Comprehensive Plans can be amended “no more frequently than
once every year”. Additionally, staff wish to take the opportunity as part of this
Amendment cycle to advance three additional Map Amendments and concurrent
rezones. Below is a brief summary of the application (vicinity maps attached) and the
staff amendments.
The review process and review criteria for Comprehensive Plan Amendments are
codified in RMC 4-9-020, Comprehensive Plan Adoptions and Amendment Process. RMC
4-8-070 and 2-10-2 states that at the direction or referral by Council, the Planning
Commission will review and submit recommendations to Council on amendments to the
Comprehensive Plan. Council has the decision making authority for amendments to the
Comprehensive Plan.
The proposed schedule for review of the Comprehensive Plan Amendments is for the
Planning Commission to begin in June 2020.
AGENDA ITEM #5. d)
Ruth Perez, Council President
Page 2 of 2
May 11, 2020
Private Party Initiated Requests
CPA 19-01 Benson: The owner of five lots, consisting of approximately four acres, has
requested a Comprehensive Plan Map Amendment and Rezone for a total of 18 lots
equaling approximately ten acres, at the intersection of SE Petrovitsky Road and 116 th
Ave SE. The current Comprehensive Plan Land Use Designation is Residential Low-
Density and zoning is Residential-4. The applicant has requested a Comprehensive Plan
Land Use Designation of Residential Medium-Density and preferably Residential-8
zoning or, alternatively, Residential-6 zoning.
City Initiated Amendment
CPA 19-02 Car Pros: A parcel located at 900 SW Lind Ave is designated as
Comprehensive Plan Land Use Designation of Employment Area and zoned Medium
Industrial. The owner has requested a Designation of Commercial Mixed Use and
Commercial Arterial zoning, which is also applied to the eastern and southern abutting
lots. The owner also owns the southern abutting lot addressed as 200 SW Grady Way.
The owner intends to redevelop both properties as one mixed-use development project.
CPA 19-03 Zoning and Land Use Reconciliation: Staff have identified several
discrepancies related to land use designations and current zoning that need to be
reconciled. In most cases, zoning appears to be correct and the land use designation is
incorrect but, further review is needed. Other items for consideration: re-zone split
zoned parcels to eliminate split land use designations and re-zone parcels to be
consistent with surrounding parcels where appropriate.
CPA 19-04 North 30th Street: This area of the Kennydale community has several parcels
that are zoned Commercial Neighborhood (CN). Many parcels have split zoning with CN
and Residential-6. The regulations of the CN are difficult to work with for development
to be realized and the split zoning adds additional difficult y. The City would like to
explore potential amendments to the regulations for the Commercial Neighborhood
zone, as well as, a potential Land Use Designation change and rezone of some parcels.
AGENDA ITEM #5. d)
AGENDA ITEM #5. d)
AGENDA ITEM #5. d)
AGENDA ITEM #5. d)
AGENDA ITEM #5. d)
AB - 2646
City Council Regular Meeting - 11 May 2020
SUBJECT/TITLE: Gene Coulon Memorial Beach Park Land and Water Conservation
Fund Grant Application for Trestle Bridge Replacement
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services Department
STAFF CONTACT: Erica Schmitz, Parks Planning Manager
EXT.: 6614
FISCAL IMPACT SUMMARY:
N/A. Allows the City to apply for a $500,000 grant.
SUMMARY OF ACTION:
The Trestle Bridge at Gene Coulon Memorial Beach Park is in need of replacement. Intermediate, short term
repairs were completed in 2019 and have extended the life of the bridge for three years with a structural
assessment indicating replacement is required for park patron safety and maintenance access to the north
end of the park. The adopted 2020 Parks, Recreation and Natural Areas Plan identifies planned park bond
improvements at Gene Coulon Memorial Beach Park including multiple major replacements, suc h as the
Trestle Bridge. The adopted Trails and Bicycle Master Plan identifies the existing pedestrian trail in Gene
Coulon Memorial Beach Park, of which the Trestle Bridge is a critical component, and recognizes Gene Coulon
Memorial Beach Park as an asset and destination. The Bond funded project is currently in design with
construction anticipated in 2021.
The total cost of the trestle bridge replacement including design and construction is estimated at
approximately $1.53 million. The proposed grant application is to the State Recreation and Conservation
Office (RCO) for a federal Land and Water Conservation Fund (LWCF) grant in the amount of $500,000. The
grant funding source requires a grant match. The Coulon trestle bridge has been identified for t he Parks, Trails
and Recreational Facilities Bond funding. If awarded, the grant would leverage the bond funding. The
resolution authorizes a formal application to the LWCF program for a development grant. If awarded, the
grant agreement would be submitted to Council for review and authorization.
EXHIBITS:
A. Location Map
B. Resolution
STAFF RECOMMENDATION:
Adopt the Resolution authorizing application to the State Recreation and Conservation Office (RCO) for a Land
and Water Conservation Fund (LWCF) development grant.
AGENDA ITEM #5. e)
9,0281505
Gene Coulon Memorial Beach Park
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate,
current, or otherwise reliable.
WGS_1984_Web_Mercator_Auxiliary_Sphere
Notes
None
6/21/2019
Legend
1023 512
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Feet1023
Information Technology - GIS
0
RentonMapSupport@Rentonwa.gov
City and County Labels
City and County Boundary
Parcels
Streets
Parks
Waterbodies
Map
Extent2010
Proposed Project
Trestle Bridge
Proposed Project
North Waterwalk
Swim Beach
Playground
Boat
Launch
Day Moorage
Ivar's Deck
Wave
Break
Sailing Center
Rosewall/North Bulkhead
South Waterwalk
North Pavilion
Fishing Pier
____
_________
AGENDA ITEM #5. e)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
SUBMISSION OF AN APPLICATION FOR GRANT FUNDING ASSISTANCE FOR LAND
AND WATER CONSERVATION FUND (“LWCF”) PROJECTS TO THE RECREATION
AND CONSERVATION FUNDING BOARD AS APPROVED IN TITLE 54, U.S.C.
SECTION 200305, 79A.25 RCW, WAC 286 AND OTHER APPLICABLE AUTHORITIES
FOR THE GENE COULON MEMORIAL BEACH PARK TRESTLE BRIDGE
REPLACEMENT PROJECT.
WHEREAS, the City of Renton (the “City”) has adopted a comprehensive Parks, Recreation
and Natural Areas Plan that includes reinvestment and major replacements in Gene Coulon
Memorial Beach Park including the replacement of the Trestle Bridge (the “Project”); and
WHEREAS, the City has adopted a Trails and Bicycle Master Plan which identifies the
existing pedestrian trail of which the Trestle Bridge is a critical component and identifies Gene
Coulon Memorial Beach Park as an asset and destination; and
WHEREAS, under provisions of the LWCF program, state grant assistance is requested by
the City to aid in financing the cost of facility redevelopment; and
WHEREAS, the City considers it to be in the best public interest to complete the project
described in the application;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The City intends to apply for funding assistance managed by the Recreation
and Conservation Office (“RCO” or the “Office”) for the above “Project.”
AGENDA ITEM #5. e)
RESOLUTION NO. ________
2
SECTION II. The City authorizes the following persons or persons holding specified
titles/positions (and subsequent holders of those titles/positions) to execute the following
documents binding the City on the Project:
Grant Document Name of Signatory or Title of Person
Authorized to Sign
Grant application (submission
thereof)
Parks Planning Manager
Project contact (day-to-day
administering of the grant and
communicating with the RCO)
Parks Planning Manager
RCO Grant Agreement
(Agreement)
Mayor
Agreement amendments Mayor
Authorizing property and real
estate documents (Notice of
Grant, Deed of Right or
Assignment of Rights if
applicable). These are items
that are typical recorded on
the property with the county.
Mayor
The above persons are considered an “authorized representative(s)/agent(s)” for purposes of the
documents indicated. The City shall comply with a request from the RCO to provide
documentation of persons who may be authorized to execute documents related to the grant.
SECTION III. The City has reviewed the sample RCO Grant Agreement on the Recreation
and Conservation Office’s WEB SITE at:
https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.pdf.
The City understands and acknowledges that if offered an agreement to sign in the future,
it will contain an indemnification and legal venue stipulation and other terms and conditions
substantially in the form contained in the sample Agreement and that such terms and conditions
of any signed Agreement shall be legally binding on the sponsor if the City’s representative/agent
AGENDA ITEM #5. e)
RESOLUTION NO. ________
3
enters into an Agreement on our behalf. The Office reserves the right to revise the Agreement
prior to execution.
SECTION IV. The City acknowledges and warrants, after conferring with its legal
counsel, that its authorized representative(s)/agent(s) have full legal authority to act and sign on
behalf of the City for their assigned role/document.
SECTION V. Grant assistance is contingent on a signed Agreement. Entering into any
Agreement with the Office is purely voluntary on the part of the City.
SECTION VI. The City understands that grant policies and requirements vary depending
on the grant program applied to, the grant program and source of funding in the Agreement, the
characteristics of the project, and the characteristics of the City.
SECTION VII. The City further understands that prior to the City’s authorized
representative(s)/agent(s) executing any of the documents listed above, the RCO may make
revisions to its sample Agreement and that such revisions could include the indemnification and
the legal venue stipulation. The City accepts the legal obligation that the City shall, prior to
execution of the Agreement(s), confer with the City’s authorized representative(s)/agent(s) as to
any revisions to the project Agreement from that of the sample Agreement. The City also
acknowledges and accepts that if the City’s authorized representative(s)/agent(s) executes the
Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall
be conclusively deemed to be executed with the City’s authorization.
SECTION VIII. Any grant assistance received will be used for only direct eligible and
allowable costs that are reasonable and necessary to implement the Project.
AGENDA ITEM #5. e)
RESOLUTION NO. ________
4
SECTION IX. If match is required for the grant, the City understands that the City must
certify the availability of match at least one month before funding approval. In addition, the City
understands it is responsible for supporting all non-cash matching share commitments to this
project should they not materialize.
SECTION X. The City acknowledges that if it receives grant funds managed by the Office,
the Office will pay the City on only a reimbursement basis. The City understands reimbursement
basis means that the City will only request payment from the Office after the City incurs grant
eligible and allowable costs and pay them. The Office may also determine an amount of retainage
and hold that amount until all project deliverables, grant reports, or other responsibilities are
complete.
SECTION XI. The City acknowledges that any property owned by the City that is
developed, renovated, enhanced, or restored with grant assistance must be dedicated for the
purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in
writing and per the Agreement or an amendment thereto.
SECTION XII. This resolution/authorization is deemed to be part of the formal grant
application to the RCO.
SECTION XIII. The City warrants and certifies that this resolution/authorization was
properly and lawfully adopted following the requirements of the City and applicable laws and
policies and that the City has full legal authority to commit it to the warranties, certifications,
promises and obligations set forth herein.
AGENDA ITEM #5. e)
RESOLUTION NO. ________
5
PASSED BY THE CITY COUNCIL this _______day of _________________, 2020.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of ________________, 2020.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES:1845:5/4/2020
AGENDA ITEM #5. e)
AB - 2649
City Council Regular Meeting - 11 May 2020
SUBJECT/TITLE: 2019 Emergency Management Performance Grant (EMPG) Contract,
E20-174 Amendment
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Executive Department
STAFF CONTACT: Deborah Needham, Emergency Management Director
EXT.: 7725
FISCAL IMPACT SUMMARY:
None
SUMMARY OF ACTION:
The Emergency Management Performance Grant (EMPG) provides supplemental funding to support key components of
a comprehensive national emergency management system for disasters and emergencies. This contract is being
amended to change the scope of work in order to divert resources from projects that could not be completed due to the
COVID-19 emergency, and to apply those resources towards the COVID-19 emergency instead . This amendment will
also extend the deadline by one month to allow existing projects to continue. Although the amendment has not yet
been finalized by the state, imminent approval is necessary in order to expedite execution of the amendment and
capture all eligible expenses.
EXHIBITS:
N/A
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to sign amendment E20-174 to the Washington State Military Department and the
Department of Homeland Security Emergency Management Performance Grant (EMPG) Contract ratified by the Council
in December 2019 upon approval by the Washington State Department of Emergency Management.
AGENDA ITEM #5. f)
AB - 2645
City Council Regular Meeting - 11 May 2020
SUBJECT/TITLE: Confirm the appointment of Martin Pastucha as Public Works
Administrator, with a hire date of June 1, 2020
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Human Resources / Risk Management Department
STAFF CONTACT: Ellen Bradley-Mak, Administrator
EXT.: X7657
FISCAL IMPACT SUMMARY:
n/a
SUMMARY OF ACTION:
In anticipation of the February 2020 retirement of Gregg Zimmerman, Public Works Administrator since 1990, an
executive search was begun in late 2019 at the request of Mayor Armondo Pavone. An agreement was signed in mid-
January with consultant Colin Baenziger & Associates, to complete a recruitment for Public Works Administrator no later
than July 1, 2020.
The executive search began immediately, with a needs assessment by Colin Baenziger. A survey of staff and
stakeholders was completed in order to identify key characteristics. Recruitment materials were prepared and
disseminated through networking, advertising, and direct communication. An extensive screening of applicants resulted
in five highly qualified candidates selected to interview on April 24.
The candidate selected, Martin Pastucha, is highly qualified and experienced in Public Works management and
leadership. He has worked the last 22 years as Director of Public Works in five cities with substantial work forces and
capital programs; his most recent position is Interim Director of Public Works at the City of San Fernando, California. His
education includes a BS in Business Administration - Marketing, and a Master's degree in Public Administration.
We ask that Council confirm the appointment of Martin Pastucha as Public Works Administrator, and approve his salary
at grade m49, Step E, which is equal to an annual salary of $180,708, along with a standard benefit package that
contains the following amendments (in alignment with Mr. Pastucha's extensive years of service in the public sector):
• 22 years’ service credit for vacation accrual purposes, which results in an accrual rate of 9 hours per pay period.
• Sick leave balance in the amount of 240 hours, which will be available upon hire.
The Public Works Administrator position was included in the 2020 budget at Step E, therefore there is no additional cost
to the City.
The candidate's anticipated start date is June 1, 2020.
Under RMC 1-4-3, this position is subject to confirmation by a majority of the members of Renton City Council.
AGENDA ITEM #5. g)
EXHIBITS:
n/a
STAFF RECOMMENDATION:
Confirm the Mayor's appointment of Martin Pastucha for the position of Public Works Administrator, with a
hire date of June 1, 2020, and approve the E-step salary and benefits terms negotiated and recommended by
staff.
AGENDA ITEM #5. g)
AB - 2644
City Council Regular Meeting - 11 May 2020
SUBJECT/TITLE: Request to Purchase Signal Equipment from Western Systems for the
Preservation of Traffic Control Devices Program
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Public Works Administration
STAFF CONTACT: Eric Cutshall, Transportation Maintenance Manager
EXT.: 2601
FISCAL IMPACT SUMMARY:
The total cost of the purchase from Western Systems is $106,405.66 and will be charged to the Preservation of
Traffic Control Devices Program (TIP No. 7) account number 317.122162.016.595.30.63.001. The purchase will
be made using state bid contract number 04616. Western Systems is also a sole source vendor for city-specific
equipment.
SUMMARY OF ACTION:
The Public Works Department Transportation Maintenance Section has a signal cabinet replacement program
that identifies two old signal cabinets annually and replaces them with a new signal cabinet. Signal cabinets
are on a 60 year replacement cycle which significantly exceeds the life expectancy. Once a cabinet is upgraded
that signal cabinet location contains updated electronics which make that location eligible for flashing yellow
arrow signals and video detection. The newer system helps to ensure bett er performance and reliability
overall which reduces emergency call outs due to signal cabinet failures. The video detection equipment is to
replace broken signal detection loops which significantly impact traffic when not functioning properly. In
addition, a regular stock of supplies is maintained in the event unscheduled repairs of existing camera systems
and processor cards are needed, or a signal cabinet becomes damaged as the result of an accident or
vandalism. The Transportation Maintenance Manager consulted with Western Systems over the years to
specifically design and manufacture the city’s cabinet equipment. Western Systems is the only vendor able to
produce supplies for city owned cabinets. In addition Western Systems holds the state bid contr act, ensuring
the city is receiving the best competitive price for its equipment. Purchasing these supplies will replenish
needed replacement stock and allow the Transportation Maintenance Section to continue with the upgrades
outlined in the Preservation of Traffic Control Devices Program.
EXHIBITS:
A. Western Systems Quote Q-02405
B. Western Systems Quote WSQ WA-TB772-1
STAFF RECOMMENDATION:
Authorize the purchase of signal cabinet supplies from Western Systems totaling $106,405.66. The amount of
the purchase will be charged to the Preservation of Traffic Control Devices Program (TIP No. 7) account
number 317.122162.016.595.30.63.001.
AGENDA ITEM #5. h)
1 of 2
Quotation
1122 Industry Street, Bldg. B, Everett, WA 98203
Phone: (425) 438-1133 | Fax: (425) 438-1585 Date Quote #Rev #
03/08/20 Q-02405
Project Agency:
CITY OF RENTON 2020 SIGNAL PARTS City of Renton - Shop
Prepared For:To place an order:
Contact:Eric Cutshall Phone: (425) 430-7423 Contact:Kai Antrim
Company:City of Renton - Shop Phone:(425) 530-9017
Email:ecutshall@rentonwa.gov Fax:(425) 438-1585
Address:Email:kantrim@westernsystems-inc.com
City/State:WA *This order is subject to the terms & conditions
Qty Part #Description Unit Price Ext. Price
5 6399989965 CAMERA (PD910) 3MP IP PTZ OUTDOOR 40X ZOOM $2,275.31 $11,376.55
5 6399990041 THREADED ADAPTER 1-1/2" NTP TO QUARTER TURN
(FOR PD910)$27.19 $135.95
5 6399990040 POLE MOUNT+ WALL MOUNT +J- BOX FOR PD1100-
SERIES $185.16 $925.80
5 6399991001 POE INJECTOR 61W $185.63 $928.15
8 5850010040 CAMERA VIDEO ZOOM NTSC 115VAC ITERIS (COLOR)$1,523.44 $12,187.52
2 5850010100 CAMERA/RADAR SYSTEM (VECTOR) 115VAC ITERIS
(COLOR) 2012 $5,359.38 $10,718.76
5 5850026020 VIDEO PROCESSOR ITERIS (EDGE2-2N-PAK) 2 CAMERA
24VDC $4,218.75 $21,093.75
Terms:Net 30 Subtotal $57,366.48
Freight Terms:FOB DstFrt PP&ADD Shipping $200.00
Material Lead Time:Tax 10.00%$5,736.65
Grand Total $63,303.13
GENERAL CONDITIONS OF SALE
All information contained within this quote is valid for 30 days from the date of the quotation. Thereafter, all prices and applicable charges
are subject to change. The acceptance of this quotation implies the acceptance of the following terms and conditions which cannot be
varied or waived except by express written authorization by a Western Systems representative. These terms govern the sale of goods
and services supplied by Western Systems. Differing terms from Buyer in any purchase order or written communication shall not be
binding on.
AGENDA ITEM #5. h)
2 of 2
TERMS AND CONDITIONS
Purchase Order: All purchases require a formal purchase order. Emails or verbal communication does not constitute an
acceptable purchase order.
Material lead time date is based after the release of the order.
Taxes/Fees: Unless current resale certificate is on file with Western Systems, purchaser shall be responsible for all, tariffs, duties
or sales or use taxes in addition to the quoted prices herein. Any tax listed is an estimate only.
Payment Terms are based on approval of credit.
We impose a surcharge of 2% on the transaction amounts when paying with a Visa or MasterCard. We are unable to accept other
credit cards for payment options.
All prices are quotes as USD Funds. Non-Payment Penalties: If payment has not been received within terms, the purchaser will
be considered in default. Western Systems will be entitled, without prejudice to our other rights, without serving notice of default, to
charge the purchaser for all costs incurred such as administration, storage, legal advice etc. The unpaid portion of any amount due
to Western Systems will bear interest at the rate of 1.5% per month simple interest. Western Systems reserves the right to hold
goods until customer balances their account.
Collections: Upon Buyer default of these terms, Western Systems may, in addition to any other rights or remedies at contract or
law, declare the entire balance of Buyer’s account immediately due and payable. If unpaid balance is referred for collections,
Buyer agrees to pay Western Systems, to the extent permitted by law, reasonable attorney fees in addition to all damages
otherwise available, plus any court costs or expenses incurred by Western Systems, plus any finance charges accrued on any
unpaid balance owed by Purchaser.
Deferment or Cancellation Policy: Order deferment or cancellation once materials have been released will be subject to
cancellation and/or restocking fees.
Documentation: Any operational documentation supplied as a part of this quotation remains the property of Western Systems and
may not be copied, reproduced, transmitted or communicated to 3rd parties without the express written consent of Western
Systems.
On-Site Services: On-site services such as signal or video system turn-on support shall be scheduled three weeks in advance. If
services need to be cancelled or postponed, any non-reimbursable travel expenses will be billed to purchaser. This quotation does
not provide nor imply any on-site support services unless mentioned specifically herein. If on-site support services are required,
and not included as part of this proposed scope of work, please contact Western Systems for a revised quotation.
Warranty: Standard one-year warranty on material goods manufactured or supplied by Western Systems from the date of
manufacturers factory shipment, unless superseded by an additional manufacturer’s warranty, provided such goods are
maintained and operated in accordance with manufacturers standard method of operation. For additional information on Western
Systems warranty, please send an email to info@westernsystems-inc.com.
Return and Restocking Policy: Western Systems will be the sole source in determining whether any item is eligible for return. To
be eligible the item(s) must be standard product models, new and unused, in the original packaging, and invoiced within the last 90
days.
Restocking fees are applied to all returns and can vary between 20-50% based on annual sales activity. In no case will Western
Systems be obligated to take returns for materials, including items that are obsolete, custom orders, or past the 90-day invoice
period.
Delivery Inspection: All materials deliveries must be inspected upon receipt from freight carrier. Any freight damages must be
reported to the carrier at the time of receipt of goods. Any materials shortages or inaccuracies in shipment must be reported to
Western Systems within ten days receipt of goods. Thereafter, any discrepancies will be considered incidental and the
responsibility of the receiver.
Force Majeure: Western Systems, Inc. shall in no event be responsible for delays in performance due to actions beyond its
reasonable control including without limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war, civil
disturbance or carrier delays. Western Systems, Inc. accepts no liability for errors or omissions or the accuracy or the
completeness of this quotation. It has been prepared to the best of our knowledge per plans, specifications, documentation and
communications provided but we do not guarantee these to be accurate or of the latest revision. Determination of accuracy of this
quotation and final quantities are the sole responsibility of recipient. Western Systems, Inc. shall in no event be liable for any
special, consequential, incidental or liquidated damages (including without limitation damages for loss of use of facilities or
equipment, loss of revenue, loss of profits or loss of goodwill), regardless of whether seller (a) has been informed of the possibility
of such damages or (b) is negligent.
AGENDA ITEM #5. h)
Quotation
Quote #WSQ WA-TB772-1
1122 Industry Street, Bldg. B, Everett, WA 98203
Phone (425) 438-1133 | Fax (425)438-1585
Date: 3/20/20
Attention: Eric Cutshall / City of Renton
Quotation: TSP P+ Cabinet(s)
Rev1 – Revised to include only cabinet & power supply
We are pleased to quote you the following equipment. Please contact us with any questions or should you note any discrepancies so a revised
quotation can be issued if necessary. Includes only the items listed below.
Bid Item # TSP P+ Cabinet(s)
Qty Description
2 TSP P+ Cabinets
Each cabinet to include the following:
1 Type TSP+ controller cabinet per City of Renton specifications and including: (1) Type TS2-1 ITSP+ aluminum enclosure three door
Rolled stock (F) Allen Wrench (S) handles, NO Gen door; (unfinished inside and outside), Loadbay 16 Position P+ (TS2-1) Std A2
8FTR 2BIU 9RC OLR 8P USA; Auxiliary Panel assembly; Detector Panel Assembly 32CH Standard Split block; Fan & Thermostat
assembly; Power Supply interface panel; Upper Compartment TSP; Power Panel Assembly with Citel Surge 30A/20A/15A 4 pos PB;
Load resistor panel; Video 6 camera power & coax distribution panel with 1A circuit breaker & Edco CX06-M; Cable TSP 8FT, Cable
7FT NEMA TS2 Detector Rack; Final Assembly; red jumpers for unused phases; sub-assembly 768 panel system installation;
Western Systems Part # 3017500080, 2515509990, 2010000040, 2100000000
To include the following:
1 Power Supply (PS250) Shelf Mount (TS2)
EDI Part # PS250
1 Opticom (768) Auxiliary Interface Panel wired in
Per Each $19,592.06
Subtotal $39,184.12
Sales Tax $3,918.41
Grand Total $43,102.53
GENERAL CONDITIONS OF SALE
The acceptance of this quotation implies the acceptance of the following terms and conditions which cannot be varied or waived except by express written
authorization by a Western Systems representative. These terms govern the sale of goods and services supplied by Western Systems. Differing terms from Buyer in
any purchase order or written communication shall not be binding on Western Systems.
TERMS AND CONDITIONS
Purchase Order: All purchases require a formal purchase order. Emails or verbal communication does not constitute an acceptable purchase order.
Delivery: Estimated at 90-145 days after release.
Freight Terms: FOB Destination
Validity Period: 60 days from date of quotation.
Taxes: Tax is not included in quotation, unless current resale certificate is on file with Western Systems, purchaser shall be responsible for all tariffs, duties, sales
taxes, or use taxes as applicable, in addition to the prices quoted herein
AGENDA ITEM #5. h)
Quotation
Quote #WSQ WA-TB772-1
1122 Industry Street, Bldg. B, Everett, WA 98203
Phone (425) 438-1133 | Fax (425)438-1585
Payment Terms: Net 30 days / we impose a surcharge of 2% on the transaction amount on VISA and Master Card credit card products, which is not greater than our
cost of acceptance. We do not surcharge VISA and Master Card debit cards. All prices are quoted as USD funds.
Non-Payment Penalties: If payment has not been received within terms, the purchaser will be considered in default. Western Systems will be entitled, without
prejudice to our other rights, without serving notice of default, to charge the purchaser for all costs incurred such as administration, storage, legal advice etc. The
unpaid portion of any amount due to Western Systems will bear interest at the rate of 1.5% per month simple interest. Western Systems reserves the right to hold
goods until customer balances their account.
Collections: Upon Buyer default of these terms, Western Systems may, in addition to any other rights or remedies at contract or law, declare the entire balance of
Buyer’s account immediately due and payable. If unpaid balance is referred for collections, Buyer agrees to pay Western Systems, to the extent permitted by law,
reasonable attorney fees in addition to all damages otherwise available, plus any court costs or expenses incurred by Western Systems, plus any finance charges
accrued on any unpaid balance owed by Purchaser.
Deferment or Cancellation Policy: Order deferment or cancellation once materials have been released will be subject to cancellation and/or restocking fees.
Documentation: Any operational documentation supplied as a part of this quotation remains the property of Western Systems and may not be copied, reproduced,
transmitted or communicated to 3rd parties without the express written consent of Western Systems.
On-Site Services: This quotation does not provide or imply any on-site support services for the products on this quotation unless mentioned specifically as part of this
quotation. Quotations for support services will be made upon request by purchaser.
Warranty: Standard one year warranty on material goods manufactured or supplied by Western Systems from the date of manufacturers factory shipment, unless
superseded by an additional manufacturer’s warranty, provided such goods are maintained and operated in accordance with manufacturers standard method of
operation. For additional information on Western Systems warranty, please send an email to info@westernsystems-inc.com
Return and Restocking Policy: Western Systems will be the sole source in determining whether any item is eligible for return. To be eligible the item(s) must be
standard product models, new and unused, in the original packaging, and invoiced within the last 90 days. Restocking fees are applied to all returns and can vary
between 20-50% based on annual sales activity. In no case will Western Systems be obligated to take returns for materials that are obsolete, custom orders or past
the 90-day invoice period.
Force Majeure: Western Systems, Inc. shall in no event be responsible for delays in performance due to actions beyond its reasonable control including without
limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war, civil disturbance or carrier delays.
Western Systems, Inc. accepts no liability for errors or omissions or the accuracy or the completeness of this quotation. It has been prepared to the best of our
knowledge per plans, specifications, documentation and communications provided but we do not guarantee these to be accurate or of the latest revision.
Determination of accuracy of this quotation and final quantities are the sole responsibility of recipient. Western Systems, Inc. shall in no event be liable for any special,
consequential, incidental or liquidated damages (including without limitation damages for loss of use of facilities or equipment, loss of revenue, loss of profits or loss of
goodwill), regardless of whether seller (a) has been informed of the possibility of such damages or (b) is negligent.
Sincerely,
WESTERN SYSTEMS
Tammy Berg
tberg@westernsystems-inc.com
Estimator
AGENDA ITEM #5. h)
AB - 2640
City Council Regular Meeting - 11 May 2020
SUBJECT/TITLE: Water Quality Grant Agreement WQC-2020-Renton-00214 with the
Department of Ecology for the Burnett Avenue South and Williams
Avenue South Water Quality Retrofit Project
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Amanda Pierce, Surface Water Utility Engineer
EXT.: 7205
FISCAL IMPACT SUMMARY:
The grant agreement provides $277,500 of funding into the adjusted 2020 Surface Water Utility Capital
Improvement Program budget for the Burnett Avenue South and Williams Avenue South Water Quality
Retrofit Project (427.475517). The grant requires $92,500 of matching funds for a total grant agreement
amount of $370,000. The adjusted 2020 Surface Water Utility Capital Improvement Pr ogram budget includes
sufficient funding to meet the matching requirements.
SUMMARY OF ACTION:
The Burnett Avenue South and Williams Avenue South storm water system discharges directly to the Cedar
River. The Cedar River at the outfall is listed in the Department of Ecology 303(d) for impaired water bodies as
severely impaired, under multiple categories. The Burnett Avenue South and Williams Avenue South drainage
area consists of approximately 14-acres of mixed, urbanized land use, and the existing storm water system
does not provide water quality treatment. The Burnett Avenue South and Williams Avenue South Water
Quality Retrofit Project intends to provide water quality treatment for existing city streets by evaluating and
designing runoff treatment best management practices for the site. In order to accomplish the water quality
goals, the Surface Water Utility applied for a Department of Ecology Storm Water Quality Grant and was
awarded $277,500 in grant funding. The grant provides funding for project permitting (SEPA), cultural
resource review and Inadvertent Discovery Plan (IDP) preparation, completion of a project design report,
development of construction plans and specifications and project construction for water quality treatment.
There was a recorded flood in May 2017 causing the 8-inch trunk line in Burnett Avenue South to become
surcharged and flood a residential apartment complex. The city's 2018 Downtown Utility Improvement
Project Conceptual Design Report verified the cause of flooding to be a lack of capacity within the system,
requiring upsizing. The Burnett Avenue South and Williams Avenue South Project will also include designing a
system upgrade for the existing storm water main lines in order to reduce the potential for flooding. Funding
for the conveyance improvement portion of the project will be funded by the Surface Water Utility.
EXHIBITS:
A. Agreement
B. Vicinity Map
STAFF RECOMMENDATION:
AGENDA ITEM #5. i)
Execute the Water Quality Grant Agreement WQC-2020-Renton-00214 with the Department of Ecology to
accept $277,500 in grant funds for the Burnett Avenue South and Williams Avenue South Water Quality
Retrofit Project.
AGENDA ITEM #5. i)
Agreement No. WQC-2020-Renton-00214
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.
Burnett Ave S and Williams Ave S 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 the Cedar River watershed by designing Runoff Treatment best management
practices (BMPs) for future construction on Burnett Ave South and Williams Ave South in the City of Renton . Once
constructed, the BMPs designed by this project will provide water quality treatment for total suspended solids (TSS),
oil hydrocarbons, dissolved copper, dissolved zinc, and total phosphorous.
Project Long Description:
The Burnett and Williams drainage area is approximately 14-acres of mixed urbanized land use consisting of commercial
businesses, multi-family apartments, and high-density single-family housing. This project area is highly urbanized and has
an estimated 90 percent effective impervious area. The existing roadways have concrete sidewalks, planters, and curb
and gutter, but have no Runoff Treatment BMPs. The Burnett and Williams drainage area directly discharges into the
Cedar River approximately 50-feet downstream of the Williams Avenue Bridge. At the location of discharge, the Cedar
$370,000.00
$370,000.00
$277,500.00
$92,500.00
07/01/2019
01/01/2023
Stormwater Facility
AGENDA ITEM #5. i)
Page 2 of 34State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
River is listed in the Department of Ecology (ECOLOGYs) 303(d) impaired water bodies as a Category 5 for pH,
temperature, and dissolved oxygen (DO) and a Category 2 for mercury. Total Maximum Daily Loads (TMDL’s)
criterion are set for temperature, supplemental spawning, DO, turbidity and bacteria. The drainage area entirely lies
within the City of Renton’s Wellhead Protection Area Zone 1 for one-year capture, inhibiting infiltration treatment
options.
This project will evaluate Runoff Treatment BMP options to determine the most feasible configuration for use in the
project area. Treatment options may include bioretention or TAPE approved General Use Level Designation (GULD)
devices. Treatment options will be evaluated based on existing infrastructure , landscaping, utilities, and spatial constraints
as well as cost and maintenance requirements. Enhanced Runoff Treatment BMPs will be chosen and designed to
reduce impacts from Total Suspended Solids (TSS), oil hydrocarbons, dissolved copper, dissolved zinc, and total
phosphorus. These pollutants were identified due to the propensity for high pollutant concentrations within areas of
urban development and the impacts they have on DO, temperature, pH, and aquatic life. Addressing these pollutants
within the project area will promote overall water quality by reducing the local impact to the impaired downstream
waterbody.
Once the most feasible Runoff Treatment BMP option is identified, a hydrologic and hydraulic model will be used to
adequately size the BMP. It is also anticipated that a high-flow bypass conveyance system will be designed as part of
this project, although it is understood that the bypass conveyance system is not a water quality feature, and will not be
paid for from the grant funding. The Runoff Treatment BMPs, as well as the high-flow bypass conveyance system will
be designed in accordance with Ecology Stormwater guidelines and the City of Renton’s Surface Water Design Manual .
Overall Goal:
The project will help protect and restore water quality in Washington state by reducing Stormwater impacts from
existing infrastructure and development.
Template Version 10/30/2015
AGENDA ITEM #5. i)
Page 3 of 34State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S 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
rstraka@rentonwa.gov
Template Version 10/30/2015
AGENDA ITEM #5. i)
Page 4 of 34State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
Amanda Pierce
Civil Engineer III
Renton City Hall, 5th Floor
1055 South Grady Way
Renton, Washington 98057-3232
Email: apierce@rentonwa.gov
Phone: (425) 430-7248
Authorized
Signatory
Amanda Pierce
Civil Engineer III
Renton City Hall, 5th Floor
1055 South Grady Way
Renton, Washington 98057-3232
Email: apierce@rentonwa.gov
Phone: (425) 430-7248
Billing Contact
Project Manager
Authorized
Signatory
Armondo Pavone
Mayor
Renton City Hall, 5th Floor
1055 South Grady Way
Renton, Washington 98057-3232
Email: apavone@rentonwa.gov
Phone: (425) 430-7248
Template Version 10/30/2015
AGENDA ITEM #5. i)
Page 5 of 34State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
Contacts
Project
Manager
Financial
Manager
Technical
Advisor
Nina Roscow
3190 - 160th Ave SE
Bellevue, Washington 98008-5452
Email: niro461@ecy.wa.gov
Phone: (425) 649-7216
Michelle Myers
PO Box 47600
Olympia, Washington 98504-7600
Email: mmye461@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
Template Version 10/30/2015
AGENDA ITEM #5. i)
Page 6 of 34State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S 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.
Washington State
Department of Ecology
Water Quality
Date Date
City of Renton
Vincent McGowan, PE
Mayor
Armondo Pavone
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
Template Version 10/30/2015
AGENDA ITEM #5. i)
Page 7 of 34State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
SCOPE OF WORK
Task Number:1 Task Cost: $20,000.00
Task Title:Grant and Loan Administration
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; the EAGL (Ecology Administration of Grants and Loans ) recipient
closeout report; and a two-page outcome summary report (including photos, if applicable). In the event that the RECIPIENT
elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and
management of this funding agreement.
B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement ,
contracting, and interlocal agreement requirements; permitting requirements, including 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. This documentation shall be available upon request.
C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information
in the EAGL system. 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, Recipient Closeout Report, and
two-page outcome summary report.
* Properly maintained project documentation.
Recipient Task Coordinator: Amanda Pierce
Deliverables
Grant and Loan Administration
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges or changes in the project schedule. Submitted at least quarterly.
1.2 Recipient Closeout Report (EAGL Form)
1.3 Two-page Outcome Summary Report
Template Version 10/30/2015
AGENDA ITEM #5. i)
Page 8 of 34State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
SCOPE OF WORK
Task Number:2 Task Cost: $350,000.00
Task Title:Design Plans and Specs, Environmental Review
Task Description:
The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY . The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance .
A. The RECIPIENT will coordinate the preparation and submittal of State Environmental Policy Act (SEPA) documentation.
B. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal and federal
permits, licenses, easements, or property rights necessary for the project.
C. The RECIPIENT will comply with Executive Order (05-05) cultural resources review requirements. To initiate cultural
resources review the RECIPIENT will:
1. Submit to ECOLOGY the 05-05/106 Form. All submitted materials must conform to the Department of Archeology and
Historic Preservation’s Washington State Standards for Cultural Resource Reporting .
2. Develop and submit to ECOLOGY an Inadvertent Discovery Plan (IDP), using the ECOLOGY template. The
RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working
on-site. The 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 Western Washington , or equivalent manual. Project must be reviewed and accepted in writing by
ECOLOGY to be eligible for reimbursement.
E. The RECIPIENT will upload a digital copy of the items listed below to EAGL for ECOLOGY review . Reduce design
figures to 11x17 inches in size and ensure they are legible.
1. Design Report. Design Report must conform to the Stormwater Project Deliverables Guidance. Refer to the Ecology
website for specific guidance. 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.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent Design
Acceptance Letter prior to proceeding Final Design.
Template Version 10/30/2015
AGENDA ITEM #5. i)
Page 9 of 34State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
Task Goal Statement:
The RECIPIENT will complete all design, environmental review, and permitting tasks and respond to ECOLOGY comments in
a timely manner.
Task Expected Outcome:
The project will meet the requirements set forth by the State Environmental Policy Act , cultural resource protection
requirements, ECOLOGY water quality facility design standards, and all other applicable federal, state, and local laws and
regulations.
Recipient Task Coordinator: Amanda Pierce
Deliverables
Design Plans and Specs, Environmental Review
Number Description Due Date
2.1 SEPA determination documentation. Upload to EAGL and notify ECOLOGY
when upload is complete.
2.2 List of permits acquired and environmental review documents. Upload to
EAGL and notify ECOLOGY when upload is complete .
2.3 Submit the 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.
2.4 Inadvertent Discovery Plan. Upload to EAGL and notify ECOLOGY when
upload is complete.
2.5 Contract documents (if contracting out for design). Upload to EAGL and
notify ECOLOGY when upload is complete .
2.6 Design Report. Upload to EAGL and notify ECOLOGY when upload is
complete.
2.7 Responses to ECOLOGY Design Report comments . Upload to EAGL and
notify ECOLOGY when upload is complete .
2.8 ECOLOGY Design Report Acceptance Letter . Upload to EAGL and notify
ECOLOGY when upload is complete .
2.9 90 Percent Design Package. Upload to EAGL and notify ECOLOGY when
complete.
2.10 Responses to ECOLOGY 90 Percent Design Package comments. Upload to
EAGL and notify ECOLOGY when upload is complete .
2.11 ECOLOGY 90 Percent Design Acceptance Letter . Upload to EAGL and
notify ECOLOGY when upload is complete .
Template Version 10/30/2015
AGENDA ITEM #5. i)
Page 10 of 34State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
BUDGET
Funding Distribution EG200508
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 - SFY20
100%
Environmental Legacy Stewarship 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
07/01/2019 01/01/2023
Grant
SFAP Task Total
Grant and Loan Administration 20,000.00$
Design Plans and Specs, Environmental Review 350,000.00$
370,000.00$Total:
Template Version 10/30/2015
AGENDA ITEM #5. i)
Page 11 of 34State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%277,500.00 370,000.0092,500.0025.00SFAP
Total $$92,500.00 277,500.00 $370,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
“Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC,
to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an
Administrative Charge Account .
“Administrative Requirements” means the effective edition of ECOLOGY 's Administrative Requirements for Recipients of
Ecology Grants and Loans at the signing of this agreement.
“Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all
principal due on such bonds or loans in such year.
“Average Annual Debt Service” means , at the time of calculation, the sum of the Annual Debt Service for the remaining years
of the loan to the last scheduled maturity of the loan divided by the number of those years.
“Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests
include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral
rights.
“Centennial Clean Water Program” means the state program funded from various state sources .
“Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the
project.
“Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water
quality problem as described in Chapter 173-98-730 WAC.
“Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and
money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due.
“Effective Date” means the earliest date on which eligible costs may be incurred .
“Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge .
“Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT .
“Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount.
“Equivalency” means projects designated by ECOLOGY to meet additional federal requirements .
“Expiration Date” means the latest date on which eligible costs may be incurred.
“Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through
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AGENDA ITEM #5. i)
Page 12 of 34State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
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.
“Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan .
“Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan .
“Loan Term” means the repayment period of the loan .
“Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be
operated and maintained in good repair, working order, and condition including payments to other parties, but will not include
any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes .
“Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense.
“Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents .
“Principal and Interest Account” means , for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund
to be first used to repay the principal of and interest on the loan.
“Project” means the project described in this agreement.
“Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed .
This term is only used in loan agreements.
“Project Schedule” means that schedule for the project specified in the agreement.
“Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not
a general obligation of the RECIPIENT.
“Reserve Account” means , for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and
condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of
and interest on the loan.
Template Version 10/30/2015
AGENDA ITEM #5. i)
Page 13 of 34State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
“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.
“Termination Date” means the effective date of ECOLOGY’s termination of the agreement .
“Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding
balance of the loan and all accrued interest.
“Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to
be eligible for ECOLOGY grant or loan funding, including any required recipient match.
“Total Project Cost” means the sum of all costs associated with a water quality project , including costs that are not eligible for
ECOLOGY grant or loan funding.
“ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions
to and extensions and betterments of the Utility.
“ULID Assessments” means all assessments levied and collected in any ULID . Such assessments are pledged to be paid into
the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID
Assessments will include principal installments and any interest or penalties which may be due.
“Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net
Revenue of which is pledged to pay and secure the loan.
SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED
FINANCIAL ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on
ECOLOGY’s Water Quality Program website.
A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of
Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services ,” have been, or shall be, met in procuring
qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final
architectural/engineering services contract and submit a copy of the contract to ECOLOGY.
B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project:
a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the
type of ownership interest that has been acquired.
b. Legal Description of Real Property Rights Acquired . The legal description of the real property rights purchased with funding
assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington )
shall be incorporated into the agreement before final payment.
c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser
interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY ,
on behalf of the State of Washington . The documents required will depend on the project type, the real property rights being
acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use
language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to
provide a copy of the recorded document to ECOLOGY.
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AGENDA ITEM #5. i)
Page 14 of 34State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
Documentation Options:
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect, and/or
use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real
property rights that include the underlying land. This document may also be applicable for those easements where the
RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must obtain ECOLOGY approval on
the draft language prior to executing the deed of right.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and
habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by
reference in the easement document.
3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of
Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language
will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to
executing the easement or lease.
d. Real Property Acquisition and Relocation Assistance .
1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded
projects.
2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms
and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington , Chapter
8.26 RCW, and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1)
above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to
provide any housing and relocation assistance required.
e. Hazardous Substances.
1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site
for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify:
i. No hazardous substances were found on the site, or
ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws,
and the site is deemed “clean.”
2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set
forth in RCW 70.105D.
3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees
and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees)
and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened
release of, hazardous substances on the property the RECIPIENT is acquiring .
f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses
The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed,
maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were
approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or
a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for
the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such
case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner
agreement.
C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
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Page 15 of 34State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be
delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial
Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website .
D. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide
Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form
and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about
the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180
or email PayeeRegistration@ofm.wa.gov.
E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved
construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase . All
equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also
be reported on the Equipment Purchase Report in EAGL.
F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.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.
L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be
consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for
Washington State and specific requirements outlined in the Water Quality Funding Guidelines . Technical assistance, proposed
practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY.
SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER
FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS.
The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY :
1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website.
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Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
2. “Section 319 Initial Data Reporting” form in EAGL.
A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this
agreement can be signed by Ecology. This form is used to gather general information about the project for EPA .
B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT
shall provide signage that informs the public that the project is funded by EPA . The signage shall contain the EPA logo and
follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate
EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology Financial Manager.
To increase public awareness of projects serving communities where English is not the predominant language , RECIPIENTS
are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose
are allowable, provided the costs are reasonable.
The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement:
“This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance
agreement to the Washington State Department of Ecology . The contents of this document do not necessarily reflect the views
and policies of the Environmental Protection Agency , nor does the mention of trade names or commercial products constitute
endorsement or recommendation for use.”
C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in
EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has
completed the form. This form is used to gather information on best management practices (BMPs) installed and associated
pollutant load reductions that were funded as a part of this project.
D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension
cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension is requested and
approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration
date.
SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF)
LOAN FUNDED PROJECTS ONLY.
A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records)
in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards
Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in
Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting .”
B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law
91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable
regulations and procedures of the federal agency implementing that Act .
C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an
independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The
RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year
or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be
submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at :
https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single audit
submission, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/.
D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional
requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800).
E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall
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Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their
organization’s information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project
closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration ,
and more frequently if information changes.
F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply
with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority, and Women’s
Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance
with the following six good faith efforts shall be retained:
1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable
through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs , this shall
include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation
by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for
bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date.
3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged
Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged
Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of
these firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the
Department of Commerce.
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request .
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
administration provisions of 40 CFR, Section 33.302.
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race , color, national origin or sex in the
performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and
administration of contracts awarded under EPA financial assistance agreements . Failure by the RECIPIENT to carry out these
requirements is a material breach of this agreement which may result in the termination of this contract or other legally available
remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections .
The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of
the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972,
the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C.
12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law , regulation, or
policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared
ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure
this noncompliance.
The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors, engineers,
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Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
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. Financial Capability Assessment Documentation
2. Opinion of RECIPIENT’s Legal Council
3. Authorizing Ordinance or Resolution
4. Federal Funding Accountability and Transparency Act (FFATA) Form
5. CWSRF Federal Reporting Information form available in EAGL
6. Fiscal Sustainability Plan Certification Form (only required if the project includes construction of a wastewater or
stormwater facility construction)
7. Cost and Effectiveness Analysis Certification Form
A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the
design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action
which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes , or
which would cause a violation of any covenant, condition, or provision herein.
B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration,
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Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
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. Equivalency Projects: (For designated equivalency projects only)
1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in
Chapter 11 of Title 40, U.S.C. (see
www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap11.pdf).
E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification
before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY
Financial Manager or on the Water Quality Program website .
F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the
RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance
agreements nationwide. The signage guidance can be found at:
http://www.ecy.wa.gov/programs/wq/funding/FundPrgms/CWSRF/SignageGuidanceJune2015.pdf.
G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage , public liability, and property
damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the
buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or
privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried
by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or participate in an
insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss.
H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or
enjoin:
(i) the execution of this agreement; or
(ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of
ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-secured
loans and general obligation payable from special-assessment-secured loans); or
(iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are
authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their
respective offices is being contested . No authority or proceeding for the execution of this agreement has been repealed,
revoked, or rescinded.
I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan , unless
terminated earlier according to the provisions herein.
When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan
agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment
schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued
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Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
interest to the computation date.
The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest
based on the interest rate identified in this agreement as the “Effective Interest Rate ,” per annum, calculated on the basis of a
365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that
each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments , semiannually, over
the term of this loan “Loan Term” as outlined in this agreement .
J. Loan Repayment:
Sources of Loan Repayment
1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below
and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and
unconditional, and shall not be subject to diminution by setoff , counterclaim, or abatement of any kind. To secure the
repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants , agreements, and
attachments contained herein.
2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments . This loan is a General Obligation Debt of the RECIPIENT
payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without
a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT .
4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall
constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any
Senior Lien Obligations.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a
lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever .
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it .
6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not
affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan.
If the RECIPIENT defeases or advance refunds the loan , it shall be required to use the proceeds thereof immediately upon
their receipt, together with other available RECIPIENT funds, to repay both of the following:
(i) The Loan Amount with interest
(ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement , unless in its sole discretion ECOLOGY
finds that repayment from those additional sources would not be in the public interest.
Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall
incur Late Charges and shall be treated as a Loan Default.
7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give
ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan .
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and
interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation
date, whichever comes first.
Thereafter, equal payments shall be due every six months.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies ,
the payment shall be due on the next business day for Washington State agencies .
Payments shall be mailed to:
Department of Ecology
Cashiering Unit
P.O. Box 47611
Template Version 10/30/2015
AGENDA ITEM #5. i)
Page 21 of 34State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager .
No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment
to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment
is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement .
2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this
agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge . The late charge shall be
one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full.
3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on
defeasance, refinancing and advance refunding, termination, and default and recovery of payments.
4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal
balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount . Any
prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the
Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest , the RECIPIENT
shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office .
K. Loan Security
Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and
Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations
pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater
amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and
Operation Expense and those debt service requirements.
Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer
system connections necessary to meet debt obligations and expected operation and maintenance expenses.
Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the
RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax
limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the
RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the
principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the
annual levy and collection of those taxes and the prompt payment of that principal and interest.
Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special
assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the
RECIPIENT in excess of any constitutional or statutory limitations .
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the
loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility , including applicable ULID
Assessments in the ULID, to pay when due the principal of and interest on the loan.
Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID
Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan.
L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in
good repair, working order, and condition.
M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the
RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form.
N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon
Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in
whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and
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Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a
character similar in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for
bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be
incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract
language regarding Davis-Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall
maintain records sufficient to document compliance with the Davis -Bacon Act, and make such records available for review
upon request.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter
39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and
inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain
records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon
request.
O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the
following verification statement in the “General Comments” text box of each progress report.
“We verify that we are in compliance with all the requirements as outlined in our funding agreement (s) with the Department of
Ecology. This includes but is not limited to:
- The Davis-Bacon Act, 29 CFR (If applicable)
- Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients)
- The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33”
P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows:
Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection
with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct.
There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the
RECIPIENT, which has not been disclosed in writing to ECOLOGY.
Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of
Washington or a federally recognized Indian Tribe . It has full corporate power and authority to execute, deliver, and perform
all of its obligations under this agreement and to undertake the project identified herein.
Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and
warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting
the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the
loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be
disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment .
Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works,
plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded
Utility unless:
1. The facilities or property transferred are not material to the operation of the funded Utility, or have become
unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary,
material, or useful to the operation of the funded Utility; or
2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more
than three percent of the total assets of the funded Utility; or
3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to
the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the
amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from
the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period.
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City of Renton
4. Expressed written agreement by the ECOLOGY-.
The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the
redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to
and betterments and extensions of the Utility.
R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : If not already in existence, the RECIPIENT
shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to
ECOLOGY upon request.
The sewer use ordinance must include provisions to:
1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system .
2) Prohibit inflow of stormwater into separated sewer systems.
3) Require that new sewers and connections be properly designed and constructed.
S. Termination and Default:
Termination and Default Events
1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient
ECOLOGY or RECIPIENT funds.
2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to
commence project work.
3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan
repayment becomes 60 days past due.
4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the
RECIPIENT of all of its obligations under this loan agreement . The RECIPIENT shall be in default of its obligations under this
loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of
it by this loan agreement.
Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the
RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the
“Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and , when
applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the
“Termination Payment Date”).
Termination and Default Remedies
No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole
discretion, withdraw the loan and make no further payments under this agreement.
Repayment Demand. In response to an ECOLOGY initiated termination event , or in response to a loan default event,
ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all
accrued interest.
Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the
RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month , or fraction thereof.
Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest
on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon
the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding.
Repayments not made immediately upon such acceleration will incur Late Charges .
Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after
acceleration following a default event, as applicable, shall incur late charges.
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
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City of Renton
of the loan.
Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment)
acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance,
ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property .
Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall , at the option of
ECOLOGY, become ECOLOGY property . The RECIPIENT shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other materials.
Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any
actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of
any obligation by the RECIPIENT, under this agreement.
Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and
other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff ) shall be awarded to the
prevailing party as that term is defined in Chapter 4.84.330 RCW.
Damages. Notwithstanding ECOLOGY’s exercise of any or all of the termination or default remedies provided in this
agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and /or
the state of Washington because of any breach of this agreement by the RECIPIENT . ECOLOGY may withhold payments for
the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined .
T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement
a user-charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its
proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The
user-charge system will include provisions for a connection charge .
In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system provides
adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to
repay the loan.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
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, 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
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City of Renton
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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Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S 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 7-1-2019 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.ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4.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.
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City of Renton
•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 :
•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.
5.ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6.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.
7.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’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.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.
8.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
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City of Renton
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.
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.
9.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.
10.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 .
11.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
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City of Renton
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.
12.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 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.
13.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.
14.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 .
15.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.
16.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.
17.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
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City of Renton
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 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.
18.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"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19.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 .
20.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
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City of Renton
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.
21.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 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.
22.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 .
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AGENDA ITEM #5. i)
Page 32 of 34State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
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 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 .
23.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.
24.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 .
25.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.
26.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.
27.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
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AGENDA ITEM #5. i)
Page 33 of 34State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28.TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
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 through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . 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
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Agreement No:
Project Title:
Recipient Name:
WQC-2020-Renton-00214
Burnett Ave S and Williams Ave S Water Quality Retrofit Project
City of Renton
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 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.
29.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 .
30.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.
Template Version 10/30/2015
AGENDA ITEM #5. i)
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