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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, March 1, 2021 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely through Zoom. Audience comments will be accommodated through Zoom, but the public is requested to sign up for such testimony by calling 425-430-6501 or emailing cityclerk@rentonwa.gov or jmedzegian@rentonwa.gov by 10 a.m. on the day of the meeting. The public may also submit comments in writing to cityclerk@rentonwa.gov by 5 p.m. on the day of the meeting. For those wishing to attend by Zoom, please (1) click this link: https://us02web.zoom.us/j/83533009277?pwd=ZjN4em5wakpnRi8xY3JGWTNYWVpJZz09 (or copy the URL and paste into a web browser) or (2) call-in to the Zoom meeting by dialing 253- 215-8782 and entering 835 3300 9277 Passcode 347602, or (3) call 425-430-6501 by 10 a.m. on the day of the meeting to request an invite with a link to the meeting. Those providing audience comments will be limited to 5 minutes each speaker unless an exception is granted by the Council. Attendees will be muted and not audible to the Council except during times they are designated to speak. Advance instructions for how to address the Council will be provided to those who sign up in advance to speak and again during the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. ADMINISTRATIVE REPORT 4. AUDIENCE COMMENTS NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 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 February 22, 2021. Council Concur b) AB - 2801 Public Works Utility Systems Division recommends approval of the Water Quality Grant Agreement WQC-2021-Renton-00187 with the Department of Ecology, to accept $230,250 in grant funds, for the Heather Downs Detention Pond Water Quality Retrofit project. Refer to Finance Committee c) AB - 2803 Public Works Utility Systems Division submits CAG-19-029, contractor McClure and Sons, Inc., and recommends acceptance of the project and release of the retainage bond after 60 days once all State releases have been obtained. Council Concur d) AB - 2804 Public Works Utility Systems Division recommends approval of an agreement with RH2 Engineering, Inc., in the amount of $350,827 for professional services during the construction of the Highlands Reservoir Phase 1 - Offsite Improvements project. Refer to Utilities 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. 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) 6:00 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 February 22, 2021 REGULAR COUNCIL MEETING MINUTES    CITY OF RENTON  MINUTES ‐ City Council Regular Meeting  7:00 PM ‐ Monday, February 22, 2021  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:  Randy Corman, Council President  Angelina Benedetti, Council Position No. 2  Ryan McIrvin, Council Position No. 4  Ed Prince, Council Position No. 5  Ruth Pérez, Council Position No. 6  Kim‐Khánh Vǎn, Council Position No. 7  (All councilmembers attended remotely)   Councilmembers Absent:  Valerie O'Halloran, Council Position No. 3                        MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL EXCUSE ABSENT  COUNCILMEMBER VALERIE O'HALLORAN. CARRIED.    ADMINISTRATIVE STAFF PRESENT     Armondo Pavone, Mayor  Ed VanValey, Interim Chief Administrative Officer  Shane Moloney, City Attorney   Jason Seth, City Clerk  Julia Medzegian, Council Liaison   Judith Subia, Interim Council Liaison  Preeti Shridhar, Deputy Public Affairs Administrator  Chip Vincent, Community & Economic Development Administrator  Martin Pastucha, Public Works Administrator  Kari Roller, Interim Administrative Services Administrator  Ellen Bradley‐Mak, Human Resources and Risk Management Administrator  Ron Straka, Public Works Utilities Systems Director  Cliff Long, Economic Development Director  Kelly Beymer, Community Services Administrator  AGENDA ITEM #5. a) February 22, 2021 REGULAR COUNCIL MEETING MINUTES  Kim Gilman, HR Labor Manager  Kristi Rowland, Organizational Development Manager  Angie Mathias, Long Range Planning Manager  Paul Hintz, Senior Planner  Clark Close, Senior Planner  April Alexander, Executive Assistant  Interim Chief Jon Schuldt, Police Department Administrator  Commander Dan Figaro, Police Department  (All City staff attended remotely except City Clerk Seth)      PROCLAMATION   a) Lunar New Year Day: A proclamation by Mayor Pavone was read declaring February 22, 2021  to be Lunar New Year Day in the City of Renton, encouraging all members of the community  to join in this special observation. Frieda Takamura, Victoria Do, and Khang Do accepted the  proclamation with appreciation.    MOVED BY VǍN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE  PROCLAMATION. CARRIED.    Mayor Pavone issued the following statement against hate speech:     “We in Renton stand for a community that celebrates diversity and understands that we are  better when we stand together, build bridges and seek to understand one another. As one of  the first cities to incorporate inclusion as part of our vision statement and business plan, we  believe that differences enrich us, and hate has no place here. On August 3, 2020, the Mayor  and City Council affirmed the City’s commitment to opposing discrimination against all groups  in Resolution No. 4414. We condemn hate speech. Hate speech has the effect of  dehumanizing people and carries forward harmful stereotypes and propagates false beliefs  through the use of statements of inferiority, slurs, expressions of contempt, disgust or  dismissal, cursing , and calls for exclusion or segregation. Such behavior should be and is  unacceptable in a community such as Renton that maintains diversity as one of its core  values. As community leaders, we pledge to continue to teach, cultivate and model the values  of openness, diversity and tolerance. We are committed to a standard that makes all of our  citizens feel safe and valued. Positive change starts at home, with each of us. We urge you to  move forward with love and compassion and empathy. Stay united and together make our  community better and our city exceptional.”    PUBLIC HEARING   a) UC Zone Interim Zoning Controls Ordinance No. 6012: This being the date set, and proper  notices having been posted and published in accordance with local and State laws, Mayor  Pavone opened the public hearing to consider Interim Zoning Controls for the Urban Center  (UC Zone).     Senior Planner Paul Hintz introduced himself to Council and noted his contact information for  the public. He explained that Emergency Ordinance 6012 was adopted on January 25, 2020,  establishing interim zoning controls for the Urban Center (UC) zone:  AGENDA ITEM #5. a) February 22, 2021 REGULAR COUNCIL MEETING MINUTES  1. Development of multifamily requires commercial space integrated into the ground  floor equivalent to 33% of the site’s land area;  2. Subject to Residential Mixed‐Use Standards of RMC 4‐4‐150; and  3. Building setbacks of the Commercial Arterial zone.     Mr. Hintz stated that State law requires a public hearing for emergency ordinances be held  within 60 days of adoption. Ordinance 6012 will sunset on June 25, 2021 unless lifted sooner  by City Council or extended pursuant to state law.    Continuing, Mr. Hintz reported the following:   The Urban Center (UC) zone is intended for the creation of dense employment,  destination retail, recreation, and public gathering spaces, with the potential for large  scale redevelopment opportunities that will create a mixed‐use retail, employment  and residential center;   The purpose of the UC zone is to provide an area for pedestrian‐scale urban mixed‐ use development that supports the residential and employment goals of Renton’s  Regional Growth Center;   A development agreement between the City of Renton and The Boeing Company  governing many of the use and development standards in the UC zone sunset on  December 31, 2020;   Without that development agreement there are insufficient zoning controls for new  development in the UC zone, as compared to the zoning controls of other commercial  zones in the City, thereby limiting the City’s ability to further the policy and purpose  of the zone.    Concluding, Mr. Hintz stated that the purpose of tonight’s hearing is to accept public  testimony, and that before June 25, 2021 (sunset date), staff will work with the Planning  Commission and the Planning and Development Committee to develop permanent standards  for the UC zone.    Mayor Pavone invited public comment:      City Clerk Seth summarized a letter from Jack Burke, Asset Manager for The Landing,  LLC, expressing interest to be kept in communication with the Community and  Economic Development Department regarding this matter.   Bryon Wolf, Bay West Development, expressed concern regarding the adoption of the  emergency Interim Zoning Controls because his agency had submitted a pre‐ application for the Fry's property located in the UC Zone. He stated that even with  this setback, he is committed to working with the City on this project.   Rocale Timmons, SECO Development, asked the City to consider a flexible approach  to retail square footage, using a macro‐lens in the area instead of a site‐by‐site  approach, and emphasized the need for affordable housing in the area.     There being no further public comments or deliberations, it was     MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC  HEARING. CARRIED.  AGENDA ITEM #5. a) February 22, 2021 REGULAR COUNCIL MEETING MINUTES  ADMINISTRATIVE REPORT    Interim CAO Ed VanValey reviewed a written administrative report summarizing the City’s  recent progress towards goals and work programs adopted as part of its business plan for 2021  and beyond. Items noted were:   The Public Works Maintenance Division spent the week of February 11‐16 responding to  a significant amount of snow, ice, cold temperatures, and cleanup. The following is a  summary of their efforts used to treat our roadways and keep them safe during this  event:  Total Miles Plowed: 8,884  Total Miles Deiced: 1,419  Tons of Salt Used: 412  Tons of Sand Used: 193  Gallons of Deicer Used: 8,965  The Water Utility will be hosting a virtual information session on the 2019 Water System  Plan Update on Tuesday, February 23, from 5‐7 p.m. This is an opportunity for the public  to comment on the goals of the plan. Supporting documents and a link to the virtual  session may be found on our website at  https://rentonwa.gov/city_hall/public_works/utility_systems/water_utility_engineering.  Preventative street maintenance will continue to impact traffic and result in occasional  street closures.      AUDIENCE COMMENTS     Paula Sardinas, Federal Way, spoke in support of Puppyland, a new pet store opening  in Renton.      Nancy Quinn, Renton, praised public works crews for doing an outstanding job  clearing the recent snowfall from City streets.      Francisco Irigon, Newcastle, expressed outrage about the recent incident of a woman  calling an Asian American a racial slur that was caught on video.     Michael Itti, who operates an office in Renton, praised the Mayor and Council for  their commitment to social justice. He remarked that racist incidents need to be  taken seriously.   Winter Cashman, Renton, urged the City to not delay in responding to this racist  incident, and inquired about the police officer who was associated with a known  member of the Proud Boys.    Lafaitele Lydia M. Faitalia Ioane, Renton, expressed concern about the racist incident  captured on video and called on the City to provide community training on inclusivity  and diversity.     CONSENT AGENDA  Items listed on the Consent Agenda were adopted with one motion, following the listing. Councilmember  McIrvin requested Item 7.d be removed for separate consideration.   a)  Approval of Council Meeting minutes of February 8, 2021. Council Concur.       AGENDA ITEM #5. a) February 22, 2021 REGULAR COUNCIL MEETING MINUTES  b) AB ‐ 2805 City Clerk reported bid opening on January 15, 2021 for the Renton Elementary and  Middle Schools project, CAG‐20‐150, and submitted the staff recommendation to award the  contract to the lowest responsive and responsible bidder, PGH Excavating, Inc., in the amount  of $374,702.96. The construction contract provides for installing Rectangular Rapid Flash  Beacons (RRFBs) at three (3) Renton school locations (Maplewood Heights Elementary, Sierra  Heights Elementary, and McKnight Middle School) to improve pedestrian safety. The work  shall include but is not limited to excavation, pavement removal, RRFBs with accessible push  buttons, signage, pavement markings, pedestrian refuge island, bulb outs, sidewalk widening,  ADA/curb ramps improvements, drainage improvement, and visibility improvements. Council  Concur.   c) AB ‐ 2797 Community & Economic Development Department recommended approval of a  resolution declaring that acquisition of the property located at 13279 89th Avenue South,  Renton, WA (King County Parcel No. 2144800910) is necessary to eliminate neighborhood  blight; and requested authorization to acquire, condemn, and abate the property pursuant to  Chapter 35.80A RCW. Refer to Committee of the Whole.    MOVED BY CORMAN, SECONDED BY PÉREZ, COUNCIL CONCUR TO APPROVE THE  CONSENT AGENDA, MINUS ITEM 7.d. CARRIED.    SEPARATE CONSIDERATION ITEM 7.d.   d) AB ‐ 2799 Public Works Transportation Systems Division recommended approval of Change  Order No. 1 to CAG‐20‐001, contractor Cascade Civil Construction, LLC, in the amount of  $520,000, for additional work on Houser Way S at Williams Ave S and Wells Ave S necessary  to replace the old City utilities under BNSF railroad tracks. Refer to Transportation (Aviation)  Committee.     MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE  CONSENT AGENDA ITEM 7.d. AS COUNCIL CONCUR. CARRIED.    UNFINISHED BUSINESS   a) Finance Committee Vice Chair Prince presented a report concurring in the staff recommendation  to approve the following payments:  1. Accounts Payable – total payment of $5,692,008.25 for vouchers, 10258‐10259,  10261‐10264, 117931‐117932, 390080, 390090‐390327; payroll benefit withholding  vouchers 6494‐6505, 390081‐390089 and four wire transfers.  2. Payroll – total payment of $1,542,668.68 for payroll vouchers that include 667 direct  deposits and 5 checks. (01/16/21‐01/31/21 pay period).  3. Kidder Mathews vouchers 6278‐6297 totaling $34,059.52  4. Municipal Court vouchers 017772‐017782 totaling $10,914.00     MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE  COMMITTEE RECOMMENDATION. CARRIED.           AGENDA ITEM #5. a) February 22, 2021 REGULAR COUNCIL MEETING MINUTES  b) Finance Committee Vice Chair Prince presented a report concurring in the staff recommendation  to approve the hiring of a Water Utility Civil Engineer III at Pay Grade a29, Step E, effective March  16, 2021. This is an existing position currently budgeted at Step C in the 2021 budget. As a result  of the position being charged to the Water Utility Fund 405 (an enterprise fund) there is no  impact to the General Fund.    MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE  COMMITTEE RECOMMENDATION. CARRIED.    NEW BUSINESS   Please see the attached Council Committee Meeting Calendar.    Council condemned the recent racist incident of someone using a racial slur against an Asian  American that was videotaped and uploaded to social media outlets on February 13, 2021.  Council then determined that the upcoming Council retreat would be a good venue to  deliberate and determine what action Council would take on the issue.     EXECUTIVE SESSION & ADJOURNMENT    MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL RECESS INTO EXECUTIVE SESSION  FOR APPROXIMATELY 30 MINUTES TO DISCUSS WITH LEGAL MATTERS OF POTENTIAL  LITIGATION PURSUANT TO RCW 42.30.110(1)(i) WITH NO OFFICIAL ACTION TO BE TAKEN  AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS  ADJOURNED. CARRIED.   TIME: 8:02 P.M.    Interim Chief Administrative Officer VanValey announced that an additional 15 minutes was  required. Executive Session was conducted and no action was taken. The Council meeting  adjourned when the executive session adjourned. Time: 8:47 P.M.                              Jason A. Seth, MMC, City Clerk            Jason Seth, Recorder 22 Feb 2021   AGENDA ITEM #5. a) Council Committee Meeting Calendar February 22, 2021 March 1, 2021 Monday CANCELED Utilities Committee, Chair Benedetti 4:15 PM Community Services Committee, Chair Văn - VIDEOCONFERENCE 1. Community Services – Staffing Levels/COVID-19 Impacts 2. Emerging Issues in Community Services CANCELED Transportation Committee, Chair McIrvin - VIDEOCONFERENCE 6:00 PM Committee of the Whole, Chair Corman - VIDEOCONFERENCE 1. Introduction of Airport Director David Decoteau 2. Community Court Update * 2. Blighted Property Resolution 7:00 PM Council Meeting - VIDEOCONFERENCE * New item added, revised 02/25/21 AGENDA ITEM #5. a) AB - 2801 City Council Regular Meeting - 01 Mar 2021 SUBJECT/TITLE: Water Quality Grant Agreement WQC-2021-Renton-00187 with the Department of Ecology for the Heather Downs Detention Pond Water Quality Retrofit Project RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Ken Srilofung, Surface Water Utility Engineer EXT.: 7247 FISCAL IMPACT SUMMARY: This agreement provides $230,250 of grant funding into the approved 2021 Sur face Water Utility Capital Improvement Program budget for the Heather Downs Detention Pond Water Quality Retrofit Project (427.475511). The grant requires $76,750 in local matching funds for a total grant agreement amount of $307,000. The total project cost is estimated to be $409,000, of which $307,000 consists of water quality retrofit work eligible for grant funding, and $102,000 consists of non -grant eligible drainage improvements funded by Surface Water Utility. There is sufficient funding in the pr oject budget for the required matching funds and the additional work that is not grant eligible ($178,750). SUMMARY OF ACTION: The Department of Ecology (Ecology) water quality grant will provide the funding for the construction of the project to convert an existing detention pond into a combined wet pond and detention pond. The completed facility will provide flow control (detention) and water quality treatment for 3.1 acres of a 29.8-acre tributary basin. The Heather Downs detention pond is located upstream of Maplewood Creek and the Cedar River. Discharges from the Heather Downs pond flow to Maplewood Creek and then to the Cedar River. The project design was also funded by a previously approved Ecology water quality grant (WQC-2017-Renton-00002). The project design was completed and accepted by Ecology in October 2020. The new wet pond volume will be excavated below the current pond bottom and a permeable liner will be constructed. The proposed wet pond dimensions are 70 feet in width and 120 feet in length with an additional 3.2 feet of depth for sediment and wetland storage. This combined wet pond and detention pond will provide basic treatment and removal of total suspended solids (TSS). The water quality treatment will allow sediments to bind and settle out as stormwater flows into the pond. Additional storm system improvements not covered by this grant include instal lation of drainage improvements along SE 3rd Place and Union Avenue South near the Heather Downs detention facility. The estimated total construction cost including both grant funded and non -grant funded work is $409,000. This project will improve water quality of stormwater runoff that flows into Maplewood Creek and the Cedar River. The Cedar River is on the 303(d) list for violations of water temperature, dissolved oxygen, and pH standards. Overall, this project will help protect and restore water q uality in the city and Washington state by reducing stormwater impacts from existing roadways and development. EXHIBITS: A. Agreement B. Vicinity Map AGENDA ITEM #5. b) STAFF RECOMMENDATION: Execute the Water Quality Grant Agreement WQC-2021-Renton-00187 with the Department of Ecology to accept $230,250 in grant funds for the Heather Downs Detention Pond Water Quality Retrofit Project (SWP273989). AGENDA ITEM #5. b) Agreement No. WQC-2021-Renton-00187 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF RENTON This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter referred to as “ECOLOGY,” and City of Renton, hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein. Heather Downs Detention Pond Water Quality Retrofit Project GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: The project will improve water quality in the Maplewood Creek and Cedar River through retrofit of the Heather Downs detention pond in the City of Renton in King County, Washington. The retrofit project will convert a “back-up” type detention pond to a “flow-through” one-cell combined detention pond/wetpond. The added water quality treatment will allow sediment and bound pollutants to settle out as stormwater flows into the pond. Project Long Description: The RECIPIENT will complete construction needed to convert an existing detention pond to a “flow -through” combined wetpond and detention pond. The completed facility will provide water quality treatment for 3.1 acres of a 29.8 acre tributary basin. The design for construction was accepted by Ecology in project WQC -2017-Renton-00002. The new wetpond volume will be excavated below the current pond bottom and a permeable liner will be constructed. The proposed wetpond dimensions are 70 feet in width and 120 feet in length with an additional 3.2 feet of depth for $409,000.00 $307,000.00 $230,250.00 $76,750.00 07/01/2020 12/31/2022 Stormwater Facility AGENDA ITEM #5. b) Page 2 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton sediment and wetland storage. This combined wetpond and detention will provide basic treatment, removal of Total Suspended Solids (TSS) but will not provide an increase of flow control from existing conditions. The water quality treatment will allow sediments to bind pollutants and settle out as stormwater flows into the pond. This project will provide long-term benefits to Maplewood Creek and the Cedar River. The Cedar River is on the 303(d) list for violations of water temperature, dissolved oxygen and pH standards. Overall Goal: This project will help protect and restore water quality in Washington State by reducing stormwater impacts from existing infrastructure and development. Template Version 12/10/2020 AGENDA ITEM #5. b) Page 3 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton RECIPIENT INFORMATION Organization Name: Federal Tax ID: DUNS Number: Mailing Address: Physical Address: Contacts Organization Email: City of Renton 91-6001271 949697221 Renton City Hall, 5th Floor, 1055 South Grady Way Renton, WA 98057-3232 Renton City Hall, 5th Floor 1055 South Grady Way rstraka@rentonwa.gov Template Version 12/10/2020 AGENDA ITEM #5. b) Page 4 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton Ken Srilofung Surface Water Utility Engineer 3 - Project Manager 1055 South Grady Way, 5th Floor Renton, Washington 98057 Email: ksrilofung@rentonwa.gov Phone: (425) 430-7247 Authorized Signatory Ken Srilofung Surface Water Utility Engineer 3 - Project Manager 1055 South Grady Way, 5th Floor Renton, Washington 98057 Email: ksrilofung@rentonwa.gov Phone: (425) 430-7247 Billing Contact Project Manager Authorized Signatory 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 12/10/2020 AGENDA ITEM #5. b) Page 5 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton Contacts Project Manager Financial Manager Technical Advisor Michelle Myers PO Box 47600 Olympia, Washington 98504-7600 Email: mmye461@ecy.wa.gov Phone: (360) 407-6564 Michelle Myers PO Box 47600 Olympia, Washington 98504-7600 Email: mmye461@ecy.wa.gov Phone: (360) 407-6564 Doug Howie Senior Stormwater Engineer PO Box 47600 Olympia, Washington 98504-7600 Email: DOHO461@ecy.wa.gov Phone: (360) 407-6444 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 12/10/2020 AGENDA ITEM #5. b) Page 6 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement . RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement . This Agreement contains the entire understanding between the parties , and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party . This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology Water Quality Date Date City of Renton Vincent McGowan, P.E. Mayor Armondo Pavone By:By: Template Approved to Form by Attorney General's Office Program Manager Template Version 12/10/2020 AGENDA ITEM #5. b) Page 7 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton City's Clerk Date Jason Seth Renton City Attorney Date Shane Moloney Template Version 12/10/2020 AGENDA ITEM #5. b) Page 8 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton SCOPE OF WORK Task Number:1 Task Cost: $15,000.00 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. Template Version 12/10/2020 AGENDA ITEM #5. b) Page 9 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton Recipient Task Coordinator: Ken Srilofung 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. 12/31/2021 1.2 Recipient Closeout Report (EAGL Form)12/31/2021 1.3 Two-page Outcome Summary Report 12/31/2021 Template Version 12/10/2020 AGENDA ITEM #5. b) Page 10 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton SCOPE OF WORK Task Number:2 Task Cost: $4,000.00 Task Title:Cultural and Environmental Reviews, and Permitting 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 provide both the ECOLOGY project manager and separegister @ecy.wa.gov with the initial consultation on the draft State Environmental Policy Act (SEPA) documents. B.The RECIPIENT will notify the ECOLOGY project manager, in addition to the required distribution and public notice, when SEPA documents have been issued for the official comment period , which is a minimum of 21 days. C.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. D.Above and below ground activities must be reviewed for cultural resource impacts. The RECIPIENT will submit the forms listed below to ECOLOGY to initiate consultation for cultural resources review . To initiate cultural resources review: 1.The RECIPIENT will submit the 05-05/106 Form to ECOLOGY, using the ECOLOGY template. Any supporting materials must conform to the Department of Archeology and Historic Preservation’s Washington State Standards for Cultural Resource Reporting. 2.The RECIPIENT will submit an Inadvertent Discovery Plan (IDP) to ECOLOGY, 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. The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with work . Work done prior to written notice to proceed shall not be eligible for reimbursement. This includes geotechnical work. Task Goal Statement: The RECIPIENT will complete all cultural and environmental reviews and permitting tasks in a timely manner . Task Expected Outcome: The project will meet the requirements set forth by the cultural resource protection requirements, State Environmental Policy Act, and all other applicable federal, state, and local laws, and regulations. Template Version 12/10/2020 AGENDA ITEM #5. b) Page 11 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton Deliverables Cultural and Environmental Reviews, and Permitting Number Description Due Date 2.1 SEPA checklist, or other documentation for projects considered exempt from SEPA review. 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 ECOLOGY 05-05/106 Form. Email the form and any supplemental cultural resources documentation directly to the ECOLOGY Project Manager . ECOLOGY will upload documentation to EAGL when cultural resources is complete. 2.4 Inadvertent Discovery Plan. Upload to EAGL and notify ECOLOGY when upload is complete. Template Version 12/10/2020 AGENDA ITEM #5. b) Page 12 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton SCOPE OF WORK Task Number:3 Task Cost: $4,000.00 Task Title:Design Plans and Specifications 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 . The RECIPIENT will upload the design submittals listed below to EAGL for ECOLOGY review . Reduce design figures to 11x17 inches in size and ensure they are legible. A.The RECIPIENT will submit a Final Bid Package to ECOLOGY for review and acceptance prior to advertising the project. The Final Bid Package includes: project plans, specifications, engineer’s opinion of cost including a schedule of eligible costs, and project construction schedule. Allow 15 calendar days for ECOLOGY review. B.The RECIPIENT will calculate and submit a preliminary equivalent new/re-development area for the completed retrofit project(s) using the methods outlined in the Design Deliverables Document. C.The RECIPIENT will submit a preliminary GIS compatible project area in shapefile, geodatabase file, or ECOLOGY-approved equivalent. The project area should include polygon features for stormwater facilities and contributing areas. Task Goal Statement: The RECIPIENT will complete all construction tasks and respond to ECOLOGY comments in a timely manner . Task Expected Outcome: The project will meet the requirements set forth by ECOLOGY water quality facility design standards and all other applicable federal, state, and local laws, and regulations. Template Version 12/10/2020 AGENDA ITEM #5. b) Page 13 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton Deliverables Design Plans and Specifications Number Description Due Date 3.1 The project will meet the requirements set forth by ECOLOGY water quality facility design standards and all other applicable federal, state, and local laws, and regulations. 3.2 Responses to ECOLOGY Final Bid Package comments. Upload to EAGL and notify ECOLOGY when upload is complete. 3.3 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete . 3.4 Bid documents (e.g. bid announcement, bid tabulations, and bid award). Upload to EAGL and notify ECOLOGY when upload is complete . 3.5 Preliminary equivalent new/redevelopment area determination. Upload to EAGL and notify ECOLOGY when upload is complete . 3.6 Preliminary project area shapefile, geodatabase file, or ECOLOGY-approved equivalent. Upload to EAGL and notify ECOLOGY when upload is complete . Upload ECOLOGY acceptance documentation . Template Version 12/10/2020 AGENDA ITEM #5. b) Page 14 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton SCOPE OF WORK Task Number:4 Task Cost: $29,000.00 Task Title:Construction Management 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 provide construction oversight and management of the project . B.The RECIPIENT will submit a detailed Construction Quality Assurance Plan (CQAP) to ECOLOGY for review and acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and competent construction oversight. Guidance for CQAP development is located in the Design Deliverables Document available on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review . C.The RECIPIENT will conduct a pre-construction conference meeting and invite ECOLOGY to attend . D.The RECIPIENT will submit an updated project schedule and cost estimate prior to the start of construction and whenever major changes occur. E.Prior to execution, the RECIPIENT will submit to ECOLOGY any eligible change orders that deviate from ECOLOGY-accepted plans and specifications. ECOLOGY must review and accept all change orders that affect grant eligible activities prior to implementation. Allow 10 calendar days for ECOLOGY review. Task Goal Statement: The RECIPIENT will oversee and manage construction , communicate with ECOLOGY in a timely fashion, and provide ECOLOGY with all requested project documentation. Task Expected Outcome: The project will be constructed on schedule and in accordance with accepted plans. Template Version 12/10/2020 AGENDA ITEM #5. b) Page 15 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton Deliverables Construction Management Number Description Due Date 4.1 Construction Quality Assurance Plan. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. 4.2 Pre-construction conference meeting minutes. Upload to EAGL and notify ECOLOGY when upload is complete . 4.3 Project Schedule. Upload to EAGL and notify ECOLOGY when upload is complete. 4.4 Revised construction cost estimates when changes in construction schedule occur. Upload to EAGL and notify ECOLOGY when upload is complete . 4.5 Change Order(s). Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation . Template Version 12/10/2020 AGENDA ITEM #5. b) Page 16 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton SCOPE OF WORK Task Number:5 Task Cost: $251,000.00 Task Title:Construction 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 complete construction of the project in accordance with ECOLOGY -accepted plans and specifications. The construction project will include installation of a combined detention pond/wetpond to mitigate runoff from 0.93 acres of pollution generating impervious surface (PGIS). B.Stormwater Construction Completion Form signed by a professional engineer indicating that the project was completed in accordance with the plans and specifications, and major change orders approved by ECOLOGY’s Project Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the ECOLOGY website . Task Goal Statement: Construction of the project in accordance with ECOLOGY-accepted plans and specifications. Task Expected Outcome: Constructed project will provide water quality benefits including reductions in hydrocarbons, oils, and other pollutants from residential areas. Deliverables Construction Number Description Due Date 5.1 Signed and dated construction contract. Upload to EAGL and notify ECOLOGY when upload is complete. 5.2 Stormwater Construction Completion Form. Upload to EAGL and notify ECOLOGY when upload is complete. Template Version 12/10/2020 AGENDA ITEM #5. b) Page 17 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton SCOPE OF WORK Task Number:6 Task Cost: $4,000.00 Task Title:Project Close Out 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 operate and maintain the constructed facility for the design life of the facility . The RECIPIENT will develop and submit an Operations and Maintenance (O&M) plan for all facilities constructed with ECOLOGY funding to ECOLOGY for review. The O&M plan must address long-term activities to assure ongoing pollutant removal and flow-control capability of the project in accordance with the design manual. O&M plan development guidance is located in the Design Deliverables Document available on the ECOLOGY website . Allow 15 calendar days for ECOLOGY review . B.The RECIPIENT will calculate and submit a final equivalent new/re-development area for the completed retrofit project(s) using the methods outlined in the Design Deliverables Document. C.The RECIPIENT will submit the final GIS compatible project area in shapefile , geodatabase file, or ECOLOGY-approved equivalent. The project area should include polygon features for stormwater facilities and contributing areas. D.The RECIPIENT will submit the Recipient Closeout Report (RCOR) in EAGL in accordance with Task 1. E.The RECIPIENT will submit the Two-page Outcome Summary Report using the ECOLOGY template in accordance to Task 1. Upload the Two-page Outcome Summary Report in the RCOR in EAGL. Task Goal Statement: The RECIPIENT will complete all close out submittals in a timely manner. Task Expected Outcome: * Timely and complete submittal of O&M plan, equivalent area calculation, GIS, Recipient Closeout Report, and Two-page Outcome Summary Report. * Proper maintenance of the constructed facility to maintain water quality benefits. Template Version 12/10/2020 AGENDA ITEM #5. b) Page 18 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton Deliverables Project Close Out Number Description Due Date 6.1 Facility Operation and Maintenance Plan. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. 6.2 Final, as constructed, equivalent new/redevelopment area determination. Upload to EAGL and notify ECOLOGY when upload is complete . 6.3 Final, as constructed, project area shapefile, geodatabase file, or ECOLOGY-approved equivalent. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation . Template Version 12/10/2020 AGENDA ITEM #5. b) Page 19 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton BUDGET Funding Distribution EG210129 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 - SFY21 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 07/01/2020 12/31/2022 Grant SFAP Task Total Grant and Loan Administration 15,000.00$ Cultural and Environmental Reviews, and Permitting 4,000.00$ Design Plans and Specifications 4,000.00$ Construction Management 29,000.00$ Construction 251,000.00$ Project Close Out 4,000.00$ 307,000.00$Total: Template Version 12/10/2020 AGENDA ITEM #5. b) Page 20 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton Funding Distribution Summary Recipient / Ecology Share Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name $$$%230,250.00 307,000.0076,750.0025.00SFAP Total $$76,750.00 230,250.00 $307,000.00 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 Template Version 12/10/2020 AGENDA ITEM #5. b) Page 21 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond 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 12/10/2020 AGENDA ITEM #5. b) Page 22 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond 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. Template Version 12/10/2020 AGENDA ITEM #5. b) Page 23 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond 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 Template Version 12/10/2020 AGENDA ITEM #5. b) Page 24 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond 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. Template Version 12/10/2020 AGENDA ITEM #5. b) Page 25 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond 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 Template Version 12/10/2020 AGENDA ITEM #5. b) Page 26 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond 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, Template Version 12/10/2020 AGENDA ITEM #5. b) Page 27 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond 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, Template Version 12/10/2020 AGENDA ITEM #5. b) Page 28 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond 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 Template Version 12/10/2020 AGENDA ITEM #5. b) Page 29 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond 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 12/10/2020 AGENDA ITEM #5. b) Page 30 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond 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 Template Version 12/10/2020 AGENDA ITEM #5. b) Page 31 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond 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. Template Version 12/10/2020 AGENDA ITEM #5. b) Page 32 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project 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 Template Version 12/10/2020 AGENDA ITEM #5. b) Page 33 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project 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 Template Version 12/10/2020 AGENDA ITEM #5. b) Page 34 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project 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/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1.Procure or obtain; 2.Extend or renew a contract to procure or obtain; or 3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component Template Version 12/10/2020 AGENDA ITEM #5. b) Page 35 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton of any system, or as critical technology as part of any system. As described in Public Law 115-232 <https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities ). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list. Template Version 12/10/2020 AGENDA ITEM #5. b) Page 36 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project City of Renton GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 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. Template Version 12/10/2020 AGENDA ITEM #5. b) Page 37 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project 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 Template Version 12/10/2020 AGENDA ITEM #5. b) Page 38 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project 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 Template Version 12/10/2020 AGENDA ITEM #5. b) Page 39 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project 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) Template Version 12/10/2020 AGENDA ITEM #5. b) Page 40 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project 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 Template Version 12/10/2020 AGENDA ITEM #5. b) Page 41 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond Water Quality Retrofit Project 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 . Template Version 12/10/2020 AGENDA ITEM #5. b) Page 42 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond 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 Template Version 12/10/2020 AGENDA ITEM #5. b) Page 43 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond 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 Template Version 12/10/2020 AGENDA ITEM #5. b) Page 44 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2021-Renton-00187 Heather Downs Detention Pond 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 12/10/2020 AGENDA ITEM #5. b) AGENDA ITEM #5. b) AB - 2803 City Council Regular Meeting - 01 Mar 2021 SUBJECT/TITLE: Project Acceptance: CAG-19-029 with McClure and Sons, Inc. for the Kennydale Reservoir Project RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Abdoul Gafour, Water Utility Engineering Manager EXT.: 7210 FISCAL IMPACT SUMMARY: The original contract amount was $5,188,392 and the final contract amount is $5,244,940.75. The increase of $56,548.75 (1.1% of the original contract amount) is for authorized change orders for additional work and for design changes to resolve field conflicts. There is sufficient funding in the 2020 -2021 Water Utility Capital Improvement Program budget (425.455606) to cover the increase in the contract cost. SUMMARY OF ACTION: The construction contract for the Kennydale Reservoir Project (CAG -19-029) was awarded to McClure and Sons, Inc. on April 1, 2019. The contractor started construction on May 22, 2019, and substantially completed the contract work on September 2, 2020. Th e contractor completed all punch list items and provided the city with all project close-out documentation, operation and maintenance manual, and record drawings on January 21, 2021. The contractor completed all of the improvements to the satisfaction of the city. The contractor will not receive clearance from the state Department of Revenue, Labor and Industries and the Employment Security Department until after the city submits the project acceptance. The retainage bond will not be released until clearance from the aforementioned state agencies is received. The project consisted of the construction of a 1.3 million gallon steel reservoir over a concrete auger -cast pile foundation, mechanical and electrical work, site utilities, parking lot, paving, landscaping, and lighting. The new reservoir will provide reliable water storage capacity for domestic use and for fire protection to the Kennydale area and improve the operation of the city water system. EXHIBITS: A. Notice of Completion of Public Works Contract STAFF RECOMMENDATION: Accept the Kennydale Reservoir Project with McClure and Sons, Inc. and authorize release of the retainage bond after 60 days once all the releases from the state have been obtained. AGENDA ITEM #5. c) Revised # Assigned to: UBI Number: Yes No Yes Telephone # Bond Number: If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. Date Work Commenced Date Work Completed Contractor Address Date Contract Awarded Retainage Bond Contract/Payment bond (valid for federally funded transportation projects) Name: Department Use Only Original NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Project Name Date Assigned: Job Order Contracting Federally funded transportation project? Contractor's Name Description of Work Done/Include Jobsite Address(es) Affidavit ID* No (if yes, provide Contract Bond Statement below) Name & Mailing Address of Public Agency E-mail Address Contract Number Notice is hereby given relative to the completion of contract or project described below Date:Contractor's UBI Number: Date Work Accepted Were Subcontracters used on this project? If so, please complete Addendum A.       Yes No $ $$ $$ $$ % $ $$ Contact Name:Title: Affidavit ID* - No L&I release will be granted until all affidavits are listed. Amount Disbursed p Sales Tax Rate Contract Amount NOTE: These two totals must be equal TOTAL Comments: Sales Tax Amount Reductions ( - ) Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. TOTAL Liquidated Damages Email Address: Phone Number: p Sub-Total Additions ( + ) Amount Retained (If various rates apply, please send a breakdown) Contract Release (855) 545-8163, option # 4 ContractRelease@LNI.WA.GOV Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 902-9450 publicworks@esd.wa.gov Department of Revenue Public Works Section (360) 704-5650 PWC@dor.wa.gov F215-038-000 10-2014REV 31 0020e (10/26/15) p@g AGENDA ITEM #5. c) Subcontractor's Name:UBI Number: (Required)Affidavit ID* Addendum A: Please List all Subcontractors and Sub-tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15)F215-038-000 10-2014 AGENDA ITEM #5. c) AB - 2804 City Council Regular Meeting - 01 Mar 2021 SUBJECT/TITLE: Agreement with RH2 Engineering, Inc. for Services During Construction of the Highlands Reservoir Phase 1 - Offsite Improvements CAG-20-133 RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Eric Ott, Water Utility Engineer EXT.: 7313 FISCAL IMPACT SUMMARY: Funding for this agreement in the amount of $350,827 is available through the approved 2020 Water Utility Capital Improvement Program budget for the Highlands 435 Reservoir Project (425.455597). There is sufficient funding in the budget to cover the cost of the agreement. The 2020 approved budget is $23,100,000, which includes funding for the construction of the reservoir anticipated in 2022 to 2024. SUMMARY OF ACTION: The Water Utility has planned and budgeted funding for the design and construction of a new 6.3 -million gallon (MG) reservoir on city-owned property in the Highlands neighborhood to replace the existing 50 -year old and leaky 2 MG reservoir. Construction of the project will be done in 2 phases: Phase 1 Offsite Improvements in 2021-2022 and Phase 2 Reservoir Construction in 2022-2024. Phase 1 of the project includes the installation of approximately 6,250 feet of 24-inch and 16-inch transmission water mains and 3,240 feet of city communication conduit in NE 12th Street from Edmonds Avenue NE to Queen Avenue NE ,and in Monroe Avenue NE from NE 12th Street to NE Sunset Blvd. The new transmission mains are needed to operate the new reservoir and to provide necessary fire flow capacity for development and redevelopment projects in the Highlands area. The city selected RH2 Engineering, Inc. through a formal request for proposals on February 26, 2013 to perform the initial master site plan study (CAG-13-174) and to perform subsequent design services and services during construction for various phases of this multi-year project under separate contracts (CAG-14- 137, CAG-16-103, CAG-16-138). Under this agreement, RH2 Engineering, Inc. will provide construction management services to supplement city staff for administration and observation of the project, conduct weekly construction meetings, respond to contractors requests for information, review submittals of materials, pay requests, change orders, prepare records drawings and provide supplemental services as requested. EXHIBITS: A. Agreement B. Vicinity Map STAFF RECOMMENDATION: AGENDA ITEM #5. d) Authorize the Mayor and City Clerk to execute the agreement with RH2 Engineering, Inc., in the amount of $350,827 for professional services during construction of the Highlands Reservoir Phase 1 – Offsite Improvements project. AGENDA ITEM #5. d) AGREEMENT FOR SERVICES DURING CONSTRUCTION OF HIGHLANDS RESERVOIR PHASE 1 - OFFSITE IMPROVEMENTS CAG-20-133 THIS AGREEMENT, January 25, 2021, is by and between the City of Renton (the “City”), a Washington municipal corporation, and RH2 Engineering, Inc. (“Consultant”), a Washington corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide professional services as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit C or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit B. All Work shall be performed by no later than December 31, 2022. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $350,827.00, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit D. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit C. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form AGENDA ITEM #5. d) PAGE 2 OF 10 specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. AGENDA ITEM #5. d) PAGE 3 OF 10 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. AGENDA ITEM #5. d) PAGE 4 OF 10 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the AGENDA ITEM #5. d) PAGE 5 OF 10 Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. AGENDA ITEM #5. d) PAGE 6 OF 10 D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Eric F. Ott 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7313 EOtt@RentonWA.gov Fax: (425) 430-7241 CONSULTANT Ryan Feskens 22722 29th Drive SE Bothell, WA 98021 Phone: (425) 951-5396 RFeskens@RH2.com Fax: (425) 951-5401 AGENDA ITEM #5. d) PAGE 7 OF 10 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if AGENDA ITEM #5. d) PAGE 8 OF 10 Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non -exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Michael Mitchell. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the AGENDA ITEM #5. d) PAGE 9 OF 10 other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. AGENDA ITEM #5. d) PAGE 10 OF 10 N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Tony V. Pardi President _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney Renton City Attorney Contract Template Updated 03/12/2019 clb (92) 7/13/20 AGENDA ITEM #5. d) 1 6/26/2020 12:43:09 PM J:\Data\REN\113-104\00 Contracts and PM\Project Scoping\Services During Construction\PSA_Exhibit A_SOW_Services During Construction.docx EXHIBIT A Scope of Work City of Renton Highlands 435 Pressure Zone Reservoir Improvements Phase 1 – Off-Site Utilities Services During Construction Professional Engineering Services January 2021 Background The City of Renton (City) is planning to construct off-site utility improvements as Phase 1 of the Highlands Reservoir project. The project extents span along NE 12th Street from Edmonds Avenue NE to Queen Avenue NE, with the existing reservoir site located at 3410 NE 12th Street. Project design was completed under a separate contract by RH2 Engineering, Inc. (RH2). The City has requested RH2 prepare this Scope of Work to provide engineering services to support the City during project construction. The proposed off-site utility improvements include installation of approximately 6,250 linear feet (lf) of ductile iron water main, one (1) pressure reducing valve (PRV) station, 635 lf of storm and sanitary sewer pipe, and 3,240 feet of polyvinyl chloride (PVC) communication conduit. CONSTRUCTION PHASE SERVICES Scope of Work The proposed Scope of Work is divided into the following Tasks: • Task 1 – Project Management Services • Task 2 – Construction Phase Services • Task 3 – Supplemental Services Task 1 – Project Management Services Objective: Provide project administration and coordination among RH2 staff, the City Project Manager, and other City staff. Approach: 1.1 Provide Project Status Reporting: Provide regular status updates of work activities, information needs, staffing requirements, project outlook, and project issues requiring City input. Status reporting to be conducted via email, phone calls, meetings, teleconferences, or virtual meetings. 1.2 Prepare Monthly Invoices and Budget Summaries: Prepare monthly project invoices, including description of work performed and budget status summaries. AGENDA ITEM #5. d) City of Renton Highlands 435 Pressure Zone Reservoir Improvements Exhibit A Phase 1 – Off-Site Utilities Services During Construction Scope of Work 2 6/26/2020 12:43:09 PM J:\Data\REN\113-104\00 Contracts and PM\Project Scoping\Services During Construction\PSA_Exhibit A_SOW_Services During Construction.docx 1.3 Provide Quality Assurance/Quality Control (QA/QC): Manage and coordinate the in-house quality assurance reviews of deliverables. RH2 Deliverables: • Regular correspondence, emails, and documentation. • Initial project schedule and regular updates in electronic PDF. • Monthly project invoices and budget summaries. Task 2 – Construction Phase Services Objective: Provide construction observation and contract administration services during project construction of the off-site utilities improvements to support the City. As the Engineer of Record, RH2 will provide periodic observation of the construction to review whether those elements of construction that are observed by RH2 conform to the project plans and specifications. While not on site, RH2 will work with the City and its designated inspector to help determine that elements of construction not observed by RH2 are also in conformance with the project plans and specifications. It is anticipated that the City will take the lead role in inspection and construction administration and will handle day-to-day construction observation and administration responsibilities. Approach: 2.1 Attend Pre-Construction Conference: Prepare for and attend a pre-construction conference with the contractor, City, impacted or adjacent utilities, and other stakeholders. Discuss important sections of the construction contract and contract requirements to bring them to the contractor’s attention. Prepare an agenda and invitation list in coordination with City Project Manager. Record meeting minutes for distribution to the meeting attendees. The City will extend invitations for the pre-construction conference to all required parties. 2.2 Conform and Provide Construction Documents: Conform plans and specifications for construction by incorporating addenda items into the documents. Produce and distribute construction contract plans and specifications to the contractor and the City at the pre-construction conference, including: four (4) full-size sets of plans (two (2) for contractor and two (2) for the City), and eight (8) sets of half-size plans and specifications for the contractor, City, and RH2 use during construction (four (4) for contractor, and two (2) each for the City and RH2). Production of hard copies will be provided by outside printing service and invoiced at cost. The Fee Estimate assumes a budget of $1,000 for these outside services. Actual costs may vary. 2.3 Review Submittals and Shop Drawings: Review contractor submittals, shop drawings, and field testing procedures, per the project documents, as requested by the City. Coordinate with the City regarding substitute and “or-equal” items proposed for use by the contractor. Provide a written response to the contractor and City for each shop drawing , submittal, and procedure reviewed. Maintain a submittals tracking sheet and provide to the City upon request. Provide a file-sharing platform for submittal items accessible to the City, contractor, RH2, and any other required parties. AGENDA ITEM #5. d) City of Renton Highlands 435 Pressure Zone Reservoir Improvements Exhibit A Phase 1 – Off-Site Utilities Services During Construction Scope of Work 3 6/26/2020 12:43:09 PM J:\Data\REN\113-104\00 Contracts and PM\Project Scoping\Services During Construction\PSA_Exhibit A_SOW_Services During Construction.docx 2.4 Review Construction Schedule and Pay Requests: Support the City in tracking and projecting project progress/schedule and costs, validating contractor pay requests, and resolving discrepancies. Confirm schedule of values quantities in support of the City Project Manager based on work complete as defined in the contract documents and as supported by City Inspector daily records. 2.5 Provide On-Call Construction Technical Support Services: Conduct periodic conference calls with City staff to review contractor’s progress and coordinate oversight of construction activities for conformance with project plans and specifications . Provide on-call technical support services, as requested by the City, including but not limited to, attending weekly construction meetings; performing periodic on-site construction observation, including construction observation reports for each visit; responding to contractor’s technical questions and requests for information (RFIs); and reviewing change orders. The City will be responsible for day-to-day construction administration and inspection services with RH2 supporting the City as requested. RH2 will coordinate with the contractor and City inspectors to provide supplementary construction observation at critical stages of construction and when directed by the City. The City will retain and coordinate with testing firm(s) for all special inspections. 2.6 Attend Final On-Site Observation and Assist with Project Closeout: Conduct a final walkthrough of the project with City staff and the contractor. Prepare a punch list of outstanding work items to be completed to achieve Final Completion , perform a follow-up walkthrough to confirm all punch list items have been addressed, and prepare for the City’s acceptance of the project. Recommend procedures for timing for accep tance of the project. Advise the City and contractor of the dates for the warranty periods in accordance with the construction contract documents. 2.7 Prepare Record Drawings: Provide record drawings representative of the as-constructed project. Record drawings will be completed based upon contractor, RH2, and City inspector red-lined markups to conformed drawings. Record drawings will be completed per City Standards. Provide electronic copies of record drawings in AutoCAD DWG and PDF formats to the City. Assumptions: • The construction duration will be approximately 240 working days. • RH2 will provide on-call construction technical support services identified in Subtask 2.5 as requested by the City. An average of twenty-five (25) hours per week for forty-eight (48) weeks has been assumed for budgetary purposes. • The City will assume the lead role for construction administration, management, on-site inspection services, construction observation, and communication with the contractor as the primary contact. • At the direction/request of the City, RH2 will attend project meetings, perform reviews, issue directions and clarifications, and all other Consultant tasks identified herein. AGENDA ITEM #5. d) City of Renton Highlands 435 Pressure Zone Reservoir Improvements Exhibit A Phase 1 – Off-Site Utilities Services During Construction Scope of Work 4 6/26/2020 12:43:09 PM J:\Data\REN\113-104\00 Contracts and PM\Project Scoping\Services During Construction\PSA_Exhibit A_SOW_Services During Construction.docx • The City will coordinate water distribution system operation as required for construction activities. • The City will prepare, provide, and distribute all public notifications. • The City will be responsible for all activities related to the supervisory control and data acquisition (SCADA) system. • Permitting assistance during construction is outside of this Scope of Work. • The contractor will be responsible for providing construction survey and staking for field control and as-built surveying for use in preparing as-constructed drawings. • RH2 is not responsible for site safety or for directing any contractor in their work. • The City will coordinate directly with the contractor for testing, system shut downs, and connections. • Construction phase services defined in this Task are variable in nature and depend in part on the contractor awarded the project. RH2’s estimate is based upon an experienced and reasonable contractor being awarded the construction contract. RH2 recommends the City budget the amount shown in the estimate plus a contingency amount. The contingency would cover additional services if a more intensive level of observation and construction support is necessary. Provided by the City: • Project lead for construction inspection and administration. Retention of and coordination with testing firm(s) for special inspections. • Preparation and submittal of the Construction Completion Report to the Washington State Department of Health. RH2 Deliverables: Deliverables will be provided in electronic format (PDF) unless otherwise noted. • Pre-construction conference administration and documentation, including pre-construction conference meeting agenda and minutes. • Paper sets of full- and half-size plans and specifications as identified in Subtask 2.2. • Clarifications and written responses to RFIs. • Change orders and pay requests review and documentation. • Submittal and shop drawings review and documentation. • Weekly construction meeting agenda and minutes. • Construction observation and correspondence with the City and contractor. Construction observation reports and photos from site visits to be provided to the City ahead of weekly progress meetings. • Punch list following final walkthrough. • Record drawings in AutoCAD DWG format, including all external references. AGENDA ITEM #5. d) City of Renton Highlands 435 Pressure Zone Reservoir Improvements Exhibit A Phase 1 – Off-Site Utilities Services During Construction Scope of Work 5 6/26/2020 12:43:09 PM J:\Data\REN\113-104\00 Contracts and PM\Project Scoping\Services During Construction\PSA_Exhibit A_SOW_Services During Construction.docx Task 3 – Supplemental Services Objective: Provide additional service not anticipated at the time of development of this Scope of Work. Such services will be undertaken only upon written request and authorization from the City. An estimated reserve budget is included in the Fee Estimate for unanticipated services for this Task. AGENDA ITEM #5. d) 1/13/2021 11:48:00 AM Z:\Projects\Data\REN\113-104\00 Contracts and PM\Project Scoping\Services During Construction\PSA_Exhibit B_Schedule_Services During Construction.docx Exhibit B: Time Schedule of Completion City of Renton Highlands 435 Pressure Zone Reservoir Improvements Phase 1 – Off-Site Utilities Services During Construction ANTICIPATED NOTICE TO PROCEED DATE: March 1, 2021 Task Anticipated Completion Task 1 – Project Management Services December 31, 2022 Task 2 – Construction Phase Services December 31, 2022 Task 3 – Supplemental Services December 31, 2022 ANTICIPATED CONTRACT COMPLETION DATE: December 31, 2022 AGENDA ITEM #5. d) Overhead Multiplier Fee Multiplier Negotiated Rate Per Hour RATE LIST 188.54%0.12 RATE Professional I 46.73 88.10 16.18 $151 Professional II 51.37 96.85 17.79 $166 Professional III 56.32 106.18 19.50 $182 Professional IV 60.65 114.35 21.00 $196 Professional V 65.29 123.10 22.61 $211 Professional VI 69.31 130.69 24.00 $224 Professional VII 74.27 140.02 25.71 $240 Professional VIII 77.36 145.85 26.79 $250 Professional IX 77.36 145.85 26.79 $250 Control Specialist I 42.39 79.93 14.68 $137 Control Specialist II 46.11 86.93 15.96 $149 Control Specialist III 50.75 95.68 17.57 $164 Control Specialist IV 55.08 103.85 19.07 $178 Control Specialist V 58.48 110.27 20.25 $189 Control Specialist VI 62.82 118.43 21.75 $203 Control Specialist VII 67.46 127.19 23.36 $218 Control Specialist VIII 70.24 132.44 24.32 $227 Technician I 35.59 67.09 12.32 $115 Technician II 38.68 72.93 13.39 $125 Technician III 43.94 82.85 15.21 $142 Technician IV 47.34 89.26 16.39 $153 Technician V 51.68 97.43 17.89 $167 Technician VI 56.63 106.77 19.61 $183 Technician VII 61.27 115.52 21.21 $198 Technician VIII 64.67 121.93 22.39 $209 Administrative I 23.21 43.76 8.04 $75 Administrative II 27.23 51.34 9.43 $88 Administrative III 32.80 61.84 11.36 $106 Administrative IV 38.68 72.93 13.39 $125 Administrative V 44.25 83.43 15.32 $143 CAD/GIS System $27.50 CAD Plots - Half Size $2.50 CAD Plots - Full Size $10.00 CAD Plots - Large $25.00 Copies (bw) 8.5" X 11"$0.09 Copies (bw) 8.5" X 14"$0.14 Copies (bw) 11" X 17"$0.20 Copies (color) 8.5" X 11"$0.90 Copies (color) 8.5" X 14"$1.20 Copies (color) 11" X 17"$2.00 Mileage $0.560 Subconsultants 15% Outside Services At Cost EXHIBIT C-1 Consultant Fee Determination- Summary Sheet (Negotiated Hourly Rates of Pay) 2021 Fee Schedule SubConsultant: RH2 Engineering, Inc Negotiated Hourly Rate Rates listed are adjusted annually. AGENDA ITEM #5. d) AGENDA ITEM #5. d) EXHIBIT C-2 Fee Estimate City of Renton Highlands 435 Pressure Zone Reservoir Improvements Phase 1 - Off-Site Utilities Services During Construction Jan-21 Description Total Hours Total Labor Total Expense Total Cost Classification Task 1 Project Management Services 118 26,198$ -$ 26,198$ 1.1 Provide Project Status Reporting 58 12,976$ -$ 12,976$ 1.2 Prepare Monthly Invoices and Budget Summaries 30 6,310$ -$ 6,310$ 1.3 Provide QA/QC 30 6,912$ -$ 6,912$ Task 2 Construction Phase Services 1522 281,420$ 12,086$ 293,506$ 2.1 Attend Pre-Construction Conference 22 4,448$ 27$ 4,475$ 2.2 Conform and Provide Construction Documents 40 7,452$ 4,778$ 12,230$ 2.3 Review Submittals and Shop Drawings 80 15,330$ 246$ 15,576$ 2.4 Review Construction Schedule and Invoices 60 11,268$ -$ 11,268$ 2.5 Provide On-Call Construction Technical Support Services 1212 222,436$ 4,768$ 227,204$ 2.6 Attend Final On-Site Observation and Assist with Project Closeout 28 5,288$ 37$ 5,325$ 2.7 Prepare Record Drawings 80 15,198$ 2,230$ 17,428$ Task 3 Supplemental Services 160 30,512$ 611$ 31,123$ 3.1 Provide Supplemental Services as Requested 160 30,512$ 611$ 31,123$ PROJECT TOTAL 1800 338,130$ 12,697$ 350,827$ Z:\Projects\Data\REN\113-104\00 Contracts and PM\Project Scoping\Services During Construction\PSA_Exhibit C2_FEE_Services During Construction SFC.xlsm 1/13/2021 11:46 AM AGENDA ITEM #5. d) 4,514 376 WGS_1984_Web_Mercator_Auxiliary_Sphere Highlands Reservoir Offsite Improvements - Vicinity Map 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. THIS MAP IS NOT TO BE USED FOR NAVIGATION Notes Legend 256 0 128 256 Feet Michael Mitchell, P.E. - Water MMitchell@Rentonwa.gov 07/16/2020 City and County Labels City and County Boundary Addresses Parcels Streets Points of Interest Parks Waterbodies 2019.sid Red: Band_1 Green: Band_2 Blue: Band_3 Map Extent2010 Highlands Reservoir Offsite Improvements - Vicinity Map Michael Mitchell, P.E. Water Utility MMitchell@RentonWA.gov AGENDA ITEM #5. d)