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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, April 5, 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 jsubia@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/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (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 849 3807 2917 Passcode 156708, 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 AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION
a) Sexual Assault Awareness Month - April 2021
b) Volunteer Month - April 2021
4. ADMINISTRATIVE REPORT
5. 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.
6. 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 March 22, 2021.
Council Concur
b) AB - 2845 Mayor Pavone appoints Ms. Caren Sumption to the Renton Municipal Arts
Commission for an unexpired term expiring on December 31, 2021.
Refer to Community Services Committee
c) AB - 2811 Community & Economic Development Department recommends the following
regarding SHB 1406, now codified as RCW 82.14.540, which authorizes cities and counties
to recapture a portion of Washington State Sales Tax: 1) Consider adopting a resolution
pooling SHB 1406 sales tax credit funds with South King Housing and Homelessness
Partners (SKHHP); 2) Authorize execution of SKHHP's Companion Agreement and
Interlocal Agreement (ILA) related to this matter, and 3) direct staff to provide an update
and recommendation on continued pooling of funds for 2023 and onwards by June 15,
2022.
Refer to Planning & Development Committee
d) AB - 2836 Community & Economic Development Department recommends approval of a
4Culture Sustained Support Program, in order to receive $10,580 in grant funds. The
Renton Municipal Arts Commission will utilize the funds to provide opportunities for
members of the Renton community to become engaged with each other through art.
Council Concur
e) AB - 2838 Community Services Department recommends approval of Amendment 2 to
CAG-20-079, with the Washington State Department of Health Supplemental Nutrition
Assistance Program (SNAP), in order to receive an additional $22,000 in grant funds for
the purpose of reimbursing SNAP benefits at the 2021 Renton Farmers Market.
Refer to Finance Committee
f) AB - 2816 Community Services Department requests authorization to execute the Notice
of Grant (NOG), and record the NOG with King County, in order to receive the final
retainage payment of $39,672 of the $500,000 in grant funds received through an
agreement with the State of Washington, Recreation and Conservation Office (RCO)
executed in 2018 for the Sunset Neighborhood Park.
Refer to Finance Committee
g) AB - 2817 Community Services Department requests authorization to execute the Deed
of Right (DOR), and record the DOR with King County, also needed in order to receive the
final retainage payment of $39,672 of $500,000 in grant funds received through the State
of Washington, Recreation and Conservation Office (RCO) executed in 2018 for the
Sunset Neighborhood Park.
Refer to Finance Committee
h) AB - 2832 Community Services Department recommends approval of Addendum No. 1 to
CAG-20-061, agreement with The Alford Group, in order to extend the contract to June
30, 2022; and requests ratification of the original agreement in the amount of $140,000
for the purpose of providing as-needed services related to the coordination and
adherence to terms of grants and donations during the construction of the Family First
Community Center.
Refer to Finance Committee
i) AB - 2835 Community Services Department submits the Notice of Completion for CAG-20-
379, Coulon Playground Replacement project, contractor Landscape Structures, Inc., and
requests acceptance of the project and release of retainage after 60 days once all State
releases have been obtained.
Council Concur
j) AB - 2843 Human Resources / Risk Management Department recommends confirmation
of Mayor Pavone's appointment of Mr. Ed VanValey as the City of Renton Chief
Administrative Officer, effective March 1, 2021; and approval of the related employment
agreement.
Council Concur
k) AB - 2842 Public Works Transportation Systems Division recommends approval of
Amendment No. 1 to CAG-20-395, agreement with Gray & Osborne, in the amount of
$684,201.08, for construction management services for the Duvall Ave NE Roadway
Improvement, NE 7th St to Sunset Blvd NE project.
Refer to Transportation (Aviation) Committee
l) AB - 2837 Public Works Transportation Systems Division requests authorization to
purchase proprietary signal equipment from Western Systems and traffic calming devices
from Zumar Industries, totaling $228,848,.65 using State bid contract 04616. These costs
are to be reimbursed by King County METRO through CAG-20-156 approved on August
10, 2020.
Refer to Finance Committee
m) AB - 2840 Public Works Utility Systems Division recommends approval of an agreement
with Northwest Hydraulic Consultants, in the amount of $458,761, for the Lower Cedar
River Flood Risk Reduction Feasibility Study.
Refer to Utilities Committee
7. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Transportation Committee: Revision to Renton Municipal Airport Regulations and
Minimum Standards
8. LEGISLATION
Resolution:
a) Resolution No. 4429: King County Conservation Futures Grant (Approved via 3/22/2021
Finance Committee Report)
Ordinance for first reading:
b) Ordinance No. 6016: Transferring the City Clerk's Office and adding the Emergency
Management Division to the Executive Department (Approved via 3/22/2021 Consent
Agenda)
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
10. 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
ArmondoPavoneMayorI4lftereas,inWashingtonState,45%ofwomenand22%ofmenreporthavingexperiencedsexualviolenceintheirlifetime;andtT4%Iereas,inKingCounty,7,152adultsandchildrenreceivedspecializedassistancefromorganizationswithprogrammingforsexualassaultvictimsin2020;andWñereas,rapeisamongthemostunderreportedcrimesforreasonsthatincludevictim’sfearofbeingdisbelievedorfurthertraumatizedwithinsystemsdesignedtosupportthem;andadditionalbarriers,suchaslanguage,immigrationstatus,genderbias,andsystemicracismfurtheroppressandsilencevictims;andI4lfiereas,impactsofsexualviolencearerootedinandcompoundedbecauseBlack,Indigenousandotherpeopleofcolor;peoplelivinginpoverty;LGBTQpeople;elders;peoplewithdisabilitiesandotherpeoplearetargetedbyoppressionandaffectedbysexualviolenceinsignificantandcomplexways;andW’hereas,statewide,29%ofthesurvivorswhoweresupportedbyacommunitysexualassaultorganizationidentifiedasBlack,Indigenousandpeopleofcolorin2019,andofthoseidentifyingethnicity,21%identifiedasLatinx/Hispanic;and4)fiereas,KingCountyishometomanyorganizationsthatprovideculturally-andlinguistically-specificservices,whicharecriticalineffectivelyrespondingtospecificneedsandbarriersfacedbysurvivorsfromvariousracial,ethnic,faith,andculturalcommunities;survivorswhoareimmigrantsandrefugees;survivorswhoareLGBTftandsurvivorswithdisabilities;andWñereas,negativeimpactsofsexualviolencetraumaonwomen,men,childrenandyouthincludefear,concernforsafety,symptomsofpost-traumaticstressdisorder,injury,andmissedworkorschool;andt(4,)fiereas,workingtogetherasacommunity,wecanalleviatethetraumaofsexualviolencebyensuringsupportiveresourcesareavailabletoallsurvivors,whilestandinguptoharmfulattitudesandbehaviorsthatcontributetosexualassault;Wbw,tfierefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimApril2021,tobeSeuat)Issautt)LwarenessMontñintheCityofRenton,andIencourageallresidentstojoinadvocatesandcommunitiesthroughoutKingCountyintakingactiontopreventsexualviolencebystandingwithsurvivors.InwitnesswfiereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis5thdayofApril,2021.—i..nyofRenton,WashingtonRentonCityHall,7thFloor1055SouthGradyWay,Renton,WA98057.rProctamationAGENDA ITEM #3. a)
ArmondoPavoneMayor‘T’fr’fiereas,volunteersarevitaltoourfutureasacaringandproductivenation;and‘14)fiereas,volunteerismispartofourcountry’ssocialfabric,particularlyduringtimesofcrisis;and‘Whereas,volunteerism,byitsverynature,canbeapowerfulwaytobuildbridgesbetweenpeopleandcanbeonesmallapproachinalargerstrategytowardachievingracialequityandsocialjustice;and14)fiereas,volunteeringexpandspeople’sconnections,cultivatesapositiveselfimage,improvesphysicalwellbeing,combatssocialisolation,reducesstress,andteachesnewskills;and14)hereas,volunteersworkingintheRentoncommunitymaketangibledifferenceseverydayinthelivesofourchildren,adults,andseniors;andfrVfiereas,thevolunteerswhogivetheirgivetheirtimeandtalentstoimprovethequalityoflifeforthecitizensofRentonareatreasureanddeservespecialrecognition;fAlow,therefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimApril2021tobet)otunteerWLontfiintheCityofRenton,inhonorofthehardworkanddedicationofthethousandsofresidentswhoselflesslydonatetheirtimeandeffortinthespiritofvolunteerism.InwitnesswhereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis5thdayofApril,2021.ArmondayorCityofRenton,WashingtonProctamationRentonCityHall,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. b)
March 22, 2021 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES - City Council Regular Meeting
7:00 PM - Monday, March 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
(arrived 7:03 p.m.)
Valerie O'Halloran, Council Position No. 3
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:
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Ed VanValey, Interim Chief Administrative Officer
Alex Tuttle, Assistant City Attorney
Jason Seth, City Clerk
Judith Subia, 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
Kelly Beymer, Community Services Administrator
Vanessa Dolbee, Planning Director
Cailin Hunsaker, Parks & Trails Director
Ron Straka, Public Works Utility Systems Director
AGENDA ITEM #6. a)
March 22, 2021 REGULAR COUNCIL MEETING MINUTES
Bonnie Woodrow, Court Services Director
Jessica Giner, Municipal Court Judge
Kara Murphy Richards, Municipal Court Judge
Kim Gilman, HR Labor Manager
Kristi Rowland, Organizational Development Manager
Interim Chief Jon Schuldt, Police Department Administrator
Commander Tracy Wilkinson, Police Department
(All City staff attended remotely except City Clerk Seth)
PROCLAMATIONS
a) Education and Sharing Day: A proclamation by Mayor Pavone was read declaring March 24,
2021 to be Education and Sharing Day in the City of Renton, encouraging all government
officials, educators, volunteers, and citizens to reach out to those within your communities
and work to create a better, brighter, and more hopeful future for all. Rabbi Yisroel Treitel of
the Chabad Jewish Center of Renton accepted the proclamation with appreciation.
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
b) National Safe Place Week: A proclamation by Mayor Pavone was read declaring March 21 -
27, 2021 to be National Safe Place Week in the City of Renton, encouraging all members of
the community to join those across the nation celebrating this special observation. Bryan
Thompson, Safe Place Coordinator for Friends of Youth, accepted the proclamation with
thanks.
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
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:
• Today, March 22, all counties in Washington are observing Phase 3 COVID-19
protocols. In parks and on trails, outdoor gathering sizes are still limited. To help
ensure this guideline, picnic shelters will remain closed to both reserved and first-
come, first-serve use. Otherwise, all parks and trails are open. Continue to wear face
coverings, maintain distances of six feet, and practice good hygiene for everyone’s
good health. For further updates, please see the Parks and Trails webpage at
rentonwa.gov/parks or contact Community Services at 425-430-6600.
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
• Diane Dobson, Renton, speaking on behalf of the Renton Chamber of Commerce,
thanked Council for supporting the organization’s diversity, equity, and inclusion
programming.
AGENDA ITEM #6. a)
March 22, 2021 REGULAR COUNCIL MEETING MINUTES
• Kathleen Porter, Renton, spoke in favor the Education and Sharing Day proclamation,
inquired about residents volunteering to provide vaccines, and praised the Police
Department’s Animal Control Division.
• Nancy Quinn, Renton, praised the City for taking care of the graffiti issue she reported
at the last Council meeting.
• Laura Brady, Renton, expressed dissatisfaction with the City’s response to the racist
incidents occurring against Renton’s Asian American and Pacific Islander (AAPI)
communities. • Anson Huang, Renton, agreed with the previous speaker and requested the City take
these three steps: 1) Condemn all forms of hate speech, 2) Further cement that
Renton has zero tolerance for discrimination in all its forms, and 3) Commit to a Town
Hall meeting where residents can voice their concerns and grieve as a community.
• Ali Collum, Renton, spoke about a video of the Council circulating on social media
platforms and urged Council to not be rude to each other.
• Carmen Rivera, Renton, stated that she wrote an op-ed article entitled, “Racism Runs
Rampant in Renton,” and expressed anger and outrage over the City’s response to
recent racist incidents against the Black, Indigenous and People of Color (BIPOC)
community.
• Nathan Duong, Monroe, stated that he is a member of the Asian American and Pacific
Islander community – a community that is currently hurting due to the many recent
incidents of targeted racism. He urged Council to: 1) Actively condemn hate speech,
2) Do not scapegoat community members, and 3) Listen to the Asian American and
Pacific Islander community.
• Jefferey Vu, Renton, remarked that there has been an increase in racist incidents
against members of the Asian American and Pacific Islander communities during the
pandemic, but noted that many incidents go unreported. He urged everyone to report
these incidents using the CISC (Chinese Information and Service Center) hate crime
reporting tool found at www.cics-seattle.org/report-an-incident-of-hate-or-bias/.
• Thao Nguyen, Montlake Terrace, remarked that he had attended an Asian American
and Pacific Islander rally at City Hall and asked that the City take this issue seriously.
He also urged Council to hold a Town Hall meeting to discuss this issue with the
community.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing. Councilmember
O'Halloran requested that Item 6.c. be removed for separate consideration.
a) Approval of Council Meeting minutes of March 15, 2021. Council Concur.
b) AB - 2833 Mayor Pavone appointed Ms. Jessica Giner to the vacant Municipal Court Judge
position, vacated by retiring Judge Terry Jurado, effective April 1, 2021. Council Concur.
d) AB - 2834 City Clerk reported receipt of street vacation petition from Solera Manager, LLC,
and submitted the staff recommendation to set a public hearing on April 19, 2021 to consider
vacating a portion of right-of-way (ROW) located in the northeasterly-most portion of 11th
Ave N, south of Harrington Pl NE and north of Sunset Lane NE. (Petitioner: Solera Manager,
LLC; VAC-20-002). Council Concur.
AGENDA ITEM #6. a)
March 22, 2021 REGULAR COUNCIL MEETING MINUTES
e) AB - 2827 Community Services Department recommended approval of a grant agreement
with FitLot, in the amount of $11,030, subject to legal approval to form, for the purposes of
hiring a fitness instructor to offer free classes for adults 18 and older at the new FitLot
Outdoor Fitness Park (scheduled to be opened in April 2021) located next to the North
Highlands Community Center. Refer to Finance Committee.
f) AB - 2828 Community Services Department recommended approval of a King County
Veterans, Seniors, and Human Services (VSHSL) Transform Senior Center Grant, subject to
legal approval to form, in order to accept $112,000 ($56,000 in 2021 and $56,000 in 2022) for
the purpose of expanding outreach, engagement, and services to Latino and veteran seniors
in the Renton community. Refer to Finance Committee.
g) AB - 2831 Police Department recommended approval of the Edward Byrne Memorial Justice
Assistance (JAG) Program FY 2020 Local Solicitation agreement in order to accept $29,743 in
grant funds to assist police operations. Refer to Public Safety Committee.
h) AB - 2829 Public Works Airport requested approval of the update to Section 2.4.11(b) of the
Airport Regulations and Minimum Standards by replacing the requirement to meet criteria
established by RCW 7.48 Nuisances and RCW 14.08.122 Adoption of Regulations by Airport
Operators for Airport Rental and Use and Collection of Charges to streamline the process of
removing derelict aircraft, abandoned vehicles, and abandoned property off the airport
property through adherence to applicable RCWs and other applicable laws and regulations.
Refer to Transportation (Aviation) Committee.
i) AB - 2830 Public Works Transportation Systems Division recommended adopting a resolution
waiving State competitive bidding requirements in order to enter purchase Bell 100 vehicular
bollards for the Traffic Safety Program from sole source vendor Furnitubes International
Limited in London, England, in the amount of $36,593.25. Refer to Finance Committee.
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR TO APPROVE
THE CONSENT AGENDA, MINUS ITEM 6.c. CARRIED.
SEPARATE CONSIDERATION - ITEM 6.c.
c) AB - 2818 City Clerk recommended adopting an ordinance amending City Code by transferring
the City Clerk Division and adding the Emergency Management Division to the Executive
Department. Refer to Finance Committee
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE
CONSENT AGENDA ITEM 6.c. AS COUNCIL CONCUR AND REFER THE RELATED
ORDINANCE FOR FIRST READING AT THE NEXT COUNCIL MEETING. CARRIED.
UNFINISHED BUSINESS
a) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation
to approve the following payments:
1. Accounts Payable – total payment of $16,274,036.64 for vouchers, 10266‐10268, 10270‐
10273, 390563‐390565, 390578‐390957; payroll benefit withholding vouchers 6518‐
6529, 390566‐390574 and 3 wire transfers.
2. Payroll – total payment of $1,454,848.41 for payroll vouchers that include 559 direct
deposits and 2 checks. (02/16/21‐02/28/21 pay period).
3. Kidder Mathews vouchers 6298‐6313 totaling $46,605.05.
AGENDA ITEM #6. a)
March 22, 2021 REGULAR COUNCIL MEETING MINUTES
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation
to execute the Interagency Agreement for 2021 and 2022 CPA# 6203499 (CAG-21-021) with King
County to accept $200,786 in non-matching grant funds to implement waste reduction and
recycling programs.
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation
to accept the King County Conservation Futures grant award of $305,181 by approving the
Interlocal Cooperation Agreement. The grant award reimburses approximately 50% of the
acquisition costs for the Fawcett ROFR acquisition completed in 2020. The Committee
recommended that the resolution regarding this matter be presented for reading and adoption
and to authorize the Mayor and City Clerk to execute the new Interlocal Agreement.
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
d) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation
to approve an adjustment to the following accounts for the applicable water, sewer, and King
County Sewer portions of the bill in accordance with City Code 8-4-46 and 8-5-23:
• Bank of America, $3,997.08
• Estate of Douglas Neyhart, $8,135.64
• Heritage Grove, $5,220.62
• Ramac Inc, $8,181.24
• Trimark Bronson Way LLC, $4,093.26
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
e) Planning & Development Committee Chair Prince presented a report concurring in the staff and
Planning Commission recommendation to adopt 2020 Title IV Docket Group #15, Group A. The
Planning and Development Committee further recommended that ordinances for the items listed
below be prepared and presented for first reading when they are completed:
• #D-184: Zoning Map Adoption
• #D-185: Annual Reporting for Bonus Density
• #D-186: Cottage Housing
MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
LEGISLATION
Resolution:
a) Resolution No. 4428: A resolution was read setting a public hearing date regarding vacation
of a portion of 11th Avenue N, South of Harrington Place NE and north of Sunset Lane NE
(Solera Street Vacation; VAC-20-002).
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
AGENDA ITEM #6. a)
March 22, 2021 REGULAR COUNCIL MEETING MINUTES
Ordinances for first and advancement to second and final reading:
b) Ordinance No. 6014: An ordinance was read modifying regulations related to site plan review
by amending Subsections 4-9-200.A and 4-9-200.H of the Renton Municipal Code and adding
a definition of “Feature, Key” to Section 4-11-060 of the Renton Municipal Code, providing for
severability; and establishing an effective date.
MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL ADVANCE THE ORDINANCE
FOR SECOND AND FINAL READING AT TONIGHT'S MEETING. CARRIED.
Following second and final reading, it was
MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
c) Ordinance No. 6015: An ordinance was read amending Subsection 4-2-080.A.6 of the Renton
Municipal Code, adding regulations for mixed-income housing in the Center Village (CV) Zone;
lifting the moratorium for Large Residential Projects established by Ordinance No. 5967 and
as extended by Ordinance No. 5982; providing for severability; and establishing an effective
date.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADVANCE THE ORDINANCE
FOR SECOND AND FINAL READING AT TONIGHT'S MEETING. CARRIED.
Following second and final reading, it was
MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL ADJOURN. CARRIED. TIME: 8:01
P.M.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
22 Mar 2021
AGENDA ITEM #6. a)
Council Committee Meeting Calendar
March 22, 2021
March 29, 2021
Monday
5th Monday – No Meetings
April 5, 2021
Monday
CANCELED Utilities Committee, Chair Benedetti
4:30 PM Community Services Committee, Chair Văn - VIDEOCONFERENCE
1. Severe Weather Shelter & Community Mental Health Partners Update
2. Emerging Issues in Community Services
5:15 PM Transportation Committee, Chair McIrvin – VIDEOCONFERENCE
1. Revision to Renton Municipal Airport Regulations and Minimum Standards
2. Emerging Issues in Transportation
6:00 PM Committee of the Whole, Chair Corman - VIDEOCONFERENCE
1. Renton Municipal Arts Commission Update
7:00 PM Council Meeting - VIDEOCONFERENCE
AGENDA ITEM #6. a)
AB - 2845
City Council Regular Meeting - 05 Apr 2021
SUBJECT/TITLE: Appointment to Renton Municipal Arts Commission
RECOMMENDED ACTION: Refer to Community Services Committee
DEPARTMENT: Executive Department
STAFF CONTACT: April Alexander, Executive Assistant
EXT.: 6520
FISCAL IMPACT SUMMARY:
None
SUMMARY OF ACTION:
Mayor Pavone appoints Ms. Caren Sumption to the Renton Municipal Arts Commission for an unexpired term
expiring 12/31/21 (filling the position held by Duffy Delgado).
EXHIBITS:
A. Application
B. Recommendation Memo
STAFF RECOMMENDATION:
Confirm Mayor Pavone's appointment of Ms. Sumption to the Renton Municipal Arts Commission.
AGENDA ITEM #6. b)
1
April Alexander
From:notification@civiclive.com
Sent:Friday, January 1, 2021 11:29 AM
To:April Alexander
Subject:Application for Boards/Commissions/Committees 2021-01-01 11:29 AM(PST) Submission
Notification
Application for Boards/Commissions/Committees 2021‐01‐01 11:29 AM(PST) was submitted by Guest on 1/1/2021
2:29:15 PM (GMT‐08:00) Canada/Pacific
Name Value
Airport Advisory Committee*
Civil Service Commission*
Community Plan Advisory Board ‐ Benson Hill
Community Plan Advisory Board ‐ City Center
Historical/Museum Board*
Housing Authority*
Human Services Advisory Committee*
Parks Commission*
Planning Commission*
Municipal Arts Commission* Municipal Arts Commission*
Senior Citizens Advisory Board*
Sister City Committee ‐ Cuautla
Sister City Committee ‐ Nishiwaki
Gender Ms.
Name Caren Gussoff Sumption
Address: 440 S. 50th St. Unit D Renton, WA 98055
Email caren@spitkitten.com
Phone 2067690416
AltPhone:
Resident Yes
ResidentSince 2017
formerresidence Seattle, WA
EducationBackground BA, University of Colorado MFA, The School of the Art Institute of
Chicago
OccupationalBackground
Professional writer since 2000, social work/direct service (former
program coordinator for Compass Housing Alliance Renton Veterans
Center)
Employer: Self employed
CommunityActivities Active in writing groups, National Writers Union, SFWA
Reasonforapplying To use my experience/expertise to bring literary voices and events to
Renton, as well as develop more opportunities for residents to engage
CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless
you know the content is safe.
AGENDA ITEM #6. b)
2
with the arts. I'm interested in coordinating with other local groups, non‐
profits and KCPL to expand offerings. Seattle's known as "City of Books";
I think Renton could give them a good run for that title.
Day Meetings Day Meetings
Night Meetings Night Meetings
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AGENDA ITEM #6. b)
c:\users\analexander\appdata\local\microsoft\windows\inetcache\content.outlook\1m7r7dl3\ced memo to council
via mayor_appointment_caren.docx
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE: March 4, 2021
TO: Armondo Pavone, Mayor
FROM: C.E. “Chip” Vincent, CED Administrator
SUBJECT: Request for New Appointments to the Renton Municipal
Arts Commission
This memorandum is to recommend appointment of Caren Sumption to the vacant
Commission Position on the Renton Municipal Arts Commission. If appointed, Caren will
fulfill the seat vacated by Duffy Delgado and her term of service will expire on December
31, 2021.
Caren attended the School of the Art Institute of Chicago and has a background in
literature. She is a professional writer (and the former program coordinator for the
Compass Housing Alliance Veterans Center in Renton). Caren is active in several writing
groups including the National Writers Union and Science Fiction & Fantasy Writers of
America. She is interested in using her experience to bring literary voices and events to
Renton and to assist in the creation of opportunities for residents to engage with the
arts.
The Arts Commissioners were pleased with the opportunity Caren lends to better
connect the Commission with the field of literary arts and encouraged by her statement,
“Seattle is known as the City of Books; I think Renton could give them a good run for
that title!” They subsequently unanimously recommend the appointment of Caren to
the Arts Commission.
AGENDA ITEM #6. b)
AB - 2811
City Council Regular Meeting - 05 Apr 2021
SUBJECT/TITLE: Resolution to Pool SHB 1406 Funds to SKHHP
RECOMMENDED ACTION: Refer to Planning & Development Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Hannah Bahnmiller, Housing Programs Manager
EXT.: x7262
FISCAL IMPACT SUMMARY:
Current and future collections of SHB 1406 sales tax credits to be pooled to SKHHP Capital Fund through at
least 2022.
$57,603.48 was collected in 2020, and $45,193.33 was collected through February 2021 for a total of
$102,796.81 collected. Collections by the City of Renton are authorized up to $236,380 per year for the next
20 years.
SUMMARY OF ACTION:
The 2019 State Legislature enacted SHB 1406, codified as RCW 82.14.540, which authorizes cities and counties
to recapture a portion of Washington State sales tax when it is used to support affordable housing initiatives.
On August 12, 2019, the Renton City Council enacted Resolution 4386, a resolution of intent to authorize the
tax. Subsequently, Ordinance 5972 was enacted on June 15, 2020, which authorized the recapture of the
Washington State sales tax of up to $236,380 per year for the next 20 years. South King Housing and
Homelessness Partners (“SKHHP”) was formed on January 1, 2019, by an Interlocal Agreement (“2019 ILA”).
The Renton City Council took action on March 4, 2019, to adopt Resolution 4372 which authorized the Mayor
to sign the 2019 ILA and join with Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park,
Tukwila, and King County to officially formed the South King Housing and Homelessness Partners (SKHHP).
On November 22, 2019, the SKHHP Executive Board unanimously adop ted Resolution 2019-06 which urges
each member jurisdiction to pool tax receipts collected under SHB 1406 to a SKHHP Housing Capital Fund. The
cities of Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park, and Tukwila are already in the
process of executing the 2021 ILA. On February 26, 2021, the SKHHP Executive Board voted to expand the
2021 ILA to allow the City of Renton to join by executing a companion agreement.
EXHIBITS:
A. Issue Paper
B. DRAFT Resolution (including Attachment A: Companion Agreement and Exhibit A: Interlocal Agreement)
STAFF RECOMMENDATION:
Staff recommends Council: (1) consider and act on a proposed resolution regarding pooling SHB 1406 sales
tax credit funds with SKHHP; (2) authorize the Mayor to join SKHHP’s 2021 i nterlocal agreement (ILA) and
execute the Companion Agreement regarding such pooling once City staff have received written confirmation
that the 2021 ILA is in effect, the details of which will be addressed in the pooling resolution; and (3) by June
15, 2022, have staff provide an update and recommendation on continued pooling for 2023 onwards.
AGENDA ITEM #6. c)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:April 5th, 2021
TO:Randy Corman, Council President
Members of Renton City Council
VIA:Armondo Pavone, Mayor
FROM:C.E. “Chip” Vincent, CED Administrator x6588
STAFF CONTACT:Hannah Bahnmiller, Housing Programs Manager x7262
SUBJECT:Resolution to Pool SHB 1406 Sales Tax Credit Funds with
South King Housing and Homeless Partners
ISSUE:
Should Council approve a resolution to pool funds collected under SHB 1406 with the
South King County Housing and Homeless Partners (SKHHP)?
RECOMMENDATION:
Staff recommends Council: (1) consider and act on a proposed resolution regarding
pooling SHB 1406 sales tax credit funds with SKHHP; (2) authorize the Mayor to join
SKHHP’s 2021 interlocal agreement (ILA) and execute the Companion Agreement
regarding such pooling once City staff have received written confirmation that the 2021
ILA is in effect, the details of which will be addressed in the pooling resolution; and (3)
by June 15, 2022, have staff provide an update and recommendation on continued
pooling for 2023 onwards.
BACKGROUND:
The 2019 State Legislature enacted SHB 1406, codified as RCW 82.14.540, which
authorizes cities and counties to recapture a portion of Washington State sales tax when
it is used to support affordable housing initiatives.
On August 12, 2019, the Renton City Council enacted Resolution 4386, a resolution of
intent to authorize the tax. Subsequently, Ordinance 5972 was enacted on June 15,
2020, which authorized the recapture of the Washington State sales tax of up to
$236,380 per year for the next 20 years.
SHB 1406 allows these tax receipts to be used for:
1. Acquiring, rehabilitating, or constructing affordable housing;
AGENDA ITEM #6. c)
Randy Corman, Council President
Page 2 of 3
April 5, 2021
2. Funding the operations and maintenance costs of new units of affordable or
supportive housing; and
3. For jurisdictions that have a population of less than 100,000, provision of rental
assistance to tenants.
South King Housing and Homelessness Partners:
South King Housing and Homelessness Partners (“SKHHP”) was formed on January 1,
2019, by an Interlocal Agreement (“2019 ILA”). The Renton City Council took action on
March 4, 2019, to adopt Resolution 4372 which authorized the Mayor to sign the 2019
ILA and join with Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy
Park, Tukwila, and King County to officially form the South King Housing and
Homelessness Partners (SKHHP).
SKHHP was formed for the purpose of advancing affordable housing initiatives in South
King County. Anticipated initiatives include assisting cities with comprehensive plan
updates, data collection and housing trend analyses, and establishing a housing capital
fund to support the purchase, rehabilitation, and/or development of affordable housing.
An essential principle of the 2019 ILA is that the ten-member jurisdictions are better
able to deliver successful outcomes by working collaboratively and pooling resources.
In support of this principle, on November 22, 2019, the SKHHP Executive Board
unanimously adopted Resolution 2019-06 which urges each member jurisdiction to pool
tax receipts collected under SHB 1406 to a SKHHP Housing Capital Fund. The pooled
funds have greater potential to leverage other public and private funds and will go
further than the individual dollars collected by each city. A SKHHP Housing Capital Fund
will also establish a regional funding source for shared housing solutions and increased
investment in affordable and supportive housing in South King County. If all cities pool
the entirety of their tax receipts, contributions to the Housing Capital Fund could exceed
$1,000,000 each year for 20 years.
The 2019 ILA includes provisions to establish a Housing Capital Fund, but RCW 82.14.540
requires an ILA expressly calling out the SHB 1406 tax receipts. As such, an additional
Interlocal Agreement is required to pool RCW 82.14.540 tax receipts. An Interlocal
Agreement “2021 ILA” was approved by the SKHHP Executive Board on January 22,
2021, with an effective date of March 1, 2021.
The cities of Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park, and
Tukwila previously adopted legislation expressing their intent to pool. As such, these
seven cities are already in the process of executing the 2021 ILA.
Renton City Council was presented with a staff briefing on options and usage of SHB
1406 tax receipts on April 27, 2020. No action was taken at that time, but Council
leadership expressed support for pooling 2020 and 2021 funds to SKHHP. On February
AGENDA ITEM #6. c)
Randy Corman, Council President
Page 3 of 3
April 5, 2021
26, 2021, the SKHHP Executive Board voted to expand the 2021 ILA to allow the City of
Renton to join by executing a Companion Agreement.
Pursuant to Council’s interest, the staff recommendation includes a subsequent update
and recommendation on SHB 1406 tax receipts by June 15, 2022. The 2021 ILA remains
in effect until it is terminated. Member parties are able to withdraw participation from
the 2021 ILA by submitting written notice to the SKHHP Executive Board, due on or
before July of a year to become effective as of 11:59 p.m. on December 31 of that year.
Therefore, reconsideration before June 30, 2022, would allow Council the option to
consider withdrawal from the agreement, effective in 2023.
CONCLUSION:
The cities of Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park, and
Tukwila are in the process of enacting the 2021 ILA to pool tax receipts collected under
RCW 82.14.540 to SKHHP. Renton City Council was briefed on the option of pooling
funds to SKHHP in April 2020 and was supportive of pooling while retaining the future
option to reconsider. Staff is recommending pooling current and future SHB 1406 funds
with a scheduled update to Council before June 15, 2022.
cc: Ed VanValey, CAO
Jason Seth, City Clerk
Kari Roller, ASD Administrator
Cliff Long, Economic Development Director
Mark Santos-Johnson, Community Development and Housing Manager
Attachments:
Resolution
AGENDA ITEM #6. c)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, IN RESPONSE TO
WASHINGTON STATE SUBSTITUTE HOUSE BILL 1406 (SHB 1406), CODIFIED AS
RCW 82.14.540: (1) AUTHORIZING THE MAYOR AND CITY CLERK TO CAUSE THE
CITY TO JOIN AN INTERLOCAL AGREEMENT WITH THE CITIES OF AUBURN,
BURIEN, COVINGTON, DES MOINES, FEDERAL WAY, KENT, NORMANDY PARK,
AND TUKWILA ENTITLED “INTERLOCAL AGREEMENT FOR THE PURPOSE OF
POOLING SALES TAX RECEIPTS WITH SOUTH KING HOUSING AND
HOMELESSNESS PARTNERS (SKHHP) CITIES TO ADMINISTER FUNDS UNDER RCW
82.14.540” BY AUTHORIZING THE MAYOR AND CITY CLERK TO, AT A FUTURE
DATE, ENTER INTO AN INTERLOCAL AGREEMENT ENTITLED “COMPANION
AGREEMENT FOR THE PURPOSE OF POOLING SALES TAX RECEIPTS WITH SOUTH
KING HOUSING AND HOMELESSNESS PARTNERS (“SKHHP”) CITIES TO
ADMINISTER FUNDS UNDER RCW 82.14.540” AND (2) AUTHORIZING THE
MAYOR OR DESIGNEE TO TRANSFER SHB 1406 FUNDS TO THE SOUTH KING
HOUSING AND HOMELESSNESS PARTNERS (SKHHP) FOR PURPOSES OF
POOLING.
WHEREAS, the City and the cities of Auburn, Burien, Covington, Des Moines, Federal Way,
Kent, Normandy Park, and Tukwila (collectively the “Parties”) are authorized, pursuant to RCW
Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative
agreement; and
WHEREAS, the South King Housing and Homelessness Partners (“SKHHP”) was formed on
January 1, 2019 by interlocal agreement between the Parties and King County, which interlocal
agreement was authorized by City Council Resolution No. 4372; and
WHEREAS, subsequent to the formation of SKHHP, the State legislature adopted
Substitute House Bill 1406 (SHB 1406), codified as RCW 82.14.540, authorizing the legislative
authority of a county or city to impose a local sales and use tax for affordable and supportive
housing to income eligible persons as further specified in RCW 82.14.540; and
AGENDA ITEM #6. c)
RESOLUTION NO. _______
2
WHEREAS, within six months of the effective date of RCW 82.14.540 each of the Parties
had adopted a resolution of intent to authorize the maximum capacity of the tax. The City’s
resolution was passed on August 12, 2019 as Resolution No. 4386; and
WHEREAS, within twelve months each of the Parties had adopted legislation authorizing
the maximum capacity of the tax. The City’s legislation was adopted on June 15, 2020 via
Ordinance No. 5972 which authorized a recapture of Washington State sales tax pursuant to RCW
82.14.540, with such recapture estimated to generate approximately $236,000 per year for the
next 20 years; and
WHEREAS, while the City’s estimated $236,000 recapture authorized by Ordinance No.
5972 is a valuable revenue stream that can be used in Renton to support various affordable
housing initiatives, transfer of such funds to SKHHP would allow the use of the funds to stretch
further and to make a more profound and meaningful impact by allowing SKHHP to establish a
regional funding source that will help to establish regional decision making and shared housing
solutions and increased investment in affordable and supportive housing in South King County;
and
WHEREAS, on November 22, 2019, the SKHHP Executive Board took unanimous action to
adopt SKHHP Resolution 2019‐06 urging its member jurisdictions to pool 100% of the tax receipts
collected under the provisions of RCW 82.14.540. If all Parties pool the maximum extent of these
tax receipts to SKHHP, the estimated revenue would total approximately $1,000,000 per year for
a 20‐year period; and
WHEREAS, the cities of Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park,
and Tukwila have already acted to negotiate an interlocal agreement (the “2021 Interlocal
AGENDA ITEM #6. c)
RESOLUTION NO. _______
3
Agreement”) to pool with SKHHP the RCW 82.14.540 tax receipts received in the individual cities;
and
WHEREAS, the 2021 Interlocal Agreement will become effective retroactively to March 1,
2021 upon its approval by the legislative bodies of the cities of Auburn, Burien, Covington, Des
Moines, Federal Way, Kent, Normandy Park, and Tukwila, which legislative approval is underway;
and
WHEREAS, the SKHHP Executive Board voted to expand the 2021 Interlocal Agreement to
allow the City of Renton to join the 2021 Interlocal Agreement by executing a companion
agreement to the 2021 Interlocal Agreement; and
WHEREAS, the City desires to join the other Parties in pooling with SKHHP the City’s RCW
82.14.540 tax receipts. Thus, the City desires to join the 2021 Interlocal Agreement, after it has
become effective, by executing a companion agreement to the 2021 Interlocal Agreement; and
WHEREAS, upon joining the 2021 Interlocal Agreement, the City wishes to commence
transferring its RCW 82.14.540 funds to SKHHP, pursuant to the terms of this Resolution and the
2021 Interlocal Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to join the interlocal
agreement referred to above as the “2021 Interlocal Agreement” entitled “Interlocal Agreement
For the Purpose of Pooling Sales Tax Receipts with South King Housing and Homelessness
Partners (“SKHHP”) Cities to Administer Funds Under RCW 82.14.540” after such interlocal
AGENDA ITEM #6. c)
RESOLUTION NO. _______
4
agreement has become effective. A copy of this interlocal agreement is attached to the
companion agreement addressed in Section II of this Resolution.
SECTION II. After City staff receives written confirmation that the 2021 Interlocal
Agreement addressed in Section I of this Resolution has become effective, the Mayor and City
Clerk are hereby authorized to enter into an interlocal agreement entitled “Companion
Agreement for the Purpose of Pooling Sales Tax Receipts with South King County Housing and
Homeless Partners (“SKHHP”) Cities to Administer Funds Under RCW 82.14.450,” attached hereto
as Attachment “A” and incorporated by this reference. As set forth in such companion
agreement, execution of the companion agreement will cause the City to be joined in the
“Interlocal Agreement For the Purpose of Pooling Sales Tax Receipts with South King Housing and
Homelessness Partners (“SKHHP”) Cities to Administer Funds Under RCW 82.14.540” which is
addressed in Section I of this Resolution.
SECTION III. The Mayor or designee is hereby authorized to transfer to SKHHP the City’s
tax receipt funds collected under the provisions of RCW 82.14.540 and Ordinance No. 5972. This
authorization takes effect on the date that the Mayor and City Clerk enter into the companion
agreement that is attached as Attachment “A” hereto.
PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2021.
______________________________
Jason A. Seth, City Clerk
AGENDA ITEM #6. c)
RESOLUTION NO. _______
5
APPROVED BY THE MAYOR this ______ day of _____________________, 2021.
______________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
RES:1866:3/23/21
AGENDA ITEM #6. c)
ATTACHMENT “A”
Companion Agreement For the Purpose of Pooling Sales Tax
Receipts with South King Housing and Homelessness Partners
(“SKHHP”) Cities to Administer Funds Under RCW 82.14.540
AGENDA ITEM #6. c)
Companion Agreement For the Purpose of Pooling Sales Tax Receipts with South
King Housing and Homelessness Partners (“SKHHP”) Cities to Administer Funds
Under RCW 82.14.540
This Companion Agreement expands the Parties of the Interlocal Agreement for pooling
sales tax receipts with SKHHP cities to administer funds under RCW 82.14.540 (“Companion
Agreement”) to include the City of Renton (“Renton”), a municipal corporation of the State of
Washington.
WHEREAS, this Companion Agreement is made pursuant to the Interlocal Cooperation
Act, chapter 39.34 RCW, to address the use of pooled tax receipts for affordable and supportive
housing sales and use tax in accordance with RCW 82.14.540(10); and
WHEREAS, the cities of Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park,
and Tukwila expressed an intention to enter into an Interlocal Agreement with an effective date
of March 1, 2021, for the purpose of pooling sales tax receipts with SKHHP to administer funds
under RCW 82.14.540; and
WHEREAS, consistent with the intent and spirit of pooling sales tax receipts with SKHHP
to administer funds under RCW 82.14.540, the SKHHP Executive Board voted to expand the
Interlocal Agreement to include the City of Renton through the execution of this Companion
Agreement by an affirmative vote of a two‐thirds majority of the membership of the SKHHP
Executive Board;
NOW, THEREFORE, in consideration of the mutual promises, benefits, and covenants
contained in this Agreement, the City of Renton agrees to the above recitals and the following
terms and conditions:
Section 1. The City of Renton agrees to and adopts the recitals, mutual promises, benefits,
terms, covenants, and conditions of the Interlocal Agreement for pooling tax receipts with
SKHHP cities to administer funds under RCW 82.14.540 signed by the cities of Auburn, Burien,
Des Moines, Federal Way, Kent, Normandy Park, and Tukwila, which Interlocal Agreement is
attached hereto as Exhibit A.
Section 2. This Companion Agreement will be in full force on the date of execution.
Executed this _______ day of ________________, 2021.
AGENDA ITEM #6. c)
CITY OF RENTON
___________________________________
Armondo Pavone
Mayor
Attest:
___________________________________
Jason Seth
City Clerk
Approved as to form:
___________________________________
Shane Moloney
City Attorney
AGENDA ITEM #6. c)
EXHIBIT A
[See next pages.]
AGENDA ITEM #6. c)
SKHHP SHB 1406 Interlocal Agreement – February 4, 2021 Page 1 of 6
Interlocal Agreement For the Purpose of Pooling Sales Tax Receipts with South
King Housing and Homelessness Partners (“SKHHP”) Cities to Administer Funds
Under RCW 82.14.540
This Interlocal Agreement (“Agreement”) is entered into by and between the Cities of
Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park, and Tukwila each municipal
corporations and political subdivisions of the State of Washington (individually, a “Party” and
collectively, “the Parties”).
WHEREAS, this Agreement is made pursuant to the Interlocal Cooperation Act, chapter
39.34 RCW, and has been authorized by the legislative body of each jurisdiction to address the
use of pooled tax receipts for affordable and supportive housing sales and use tax in
accordance with RCW 82.14.540(10).
WHEREAS, SKHHP was formed on January 1, 2019 by Interlocal Agreement among the
jurisdictions of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park,
Renton, Tukwila, and King County (the “SKHHP Interlocal Agreement”); and
WHEREAS, after SKHHP was formed, the Washington State Legislature passed Substitute
House Bill (SHB) 1406, which was signed into law by the Governor, and is now codified at RCW
82.14.540; and
WHEREAS, RCW 82.14.540 authorizes the legislative authority of a county or city to
impose a local sales and use tax for affordable and supportive housing to income‐eligible
persons; and
WHEREAS, RCW 82.14.540 stipulates the moneys collected or bonds issued through this
sales tax credit may only be provided to persons whose income is at or below 60 percent of the
median income of the county or city imposing the tax and may only be used for the following
purposes: (i) acquiring, rehabilitating, or constructing affordable housing, which may include
new units of affordable housing within an existing structure or facilities providing supportive
housing services under RCW 71.24.385; or (ii) funding the operations and maintenance costs of
new units of affordable or supportive housing; and
WHEREAS, funding to support the acquisition, rehabilitation, and new construction of
affordable housing, and operation and maintenance costs of new affordable housing is critical
to providing an array of housing opportunities for residents; and
WHEREAS, RCW 82.14.540 allows cities with a population of one hundred thousand or
less to use moneys collected for providing rental assistance to tenants in addition to the
affordable housing purposes listed above. As of the date of this Agreement, although at least
some of the Parties have a population of one hundred thousand or less, all such Parties intend
that the funds they contribute pursuant to this Agreement shall not be used for providing rental
assistance; and
AGENDA ITEM #6. c)
SKHHP SHB 1406 Interlocal Agreement – February 4, 2021 Page 2 of 6
WHEREAS, within six months of the effective date of RCW 82.14.540, each of the Parties
adopted a resolution of intent to authorize the maximum capacity of the tax, and within 12
months, each of the Parties adopted legislation authorizing the maximum capacity of the tax;
and
WHEREAS, on November 22, 2019, the SKHHP Executive Board took unanimous action
to adopt SKHHP Resolution 2019‐06 urging each of the nine member jurisdictions to pool 100
percent of the tax receipts collected under the provisions of RCW 82.14.540 which expressly
anticipates pooling of tax receipts received under RCW 82.14.540 if done pursuant to this
Agreement; and
WHEREAS, the Parties wish to act cooperatively to pool tax receipts received in
individual cities to allow the use of funds to leverage other funds and make a more meaningful
and significant impact on affordable housing challenges in south King County consistent with
this Agreement and RCW 82.14.540; and
WHEREAS, pooling RCW 82.14.540 sales tax receipts with SKHHP will establish a regional
funding source that will help to establish regional‐decision making and shared housing solutions
and increased investment in affordable and supportive housing in south King County.
NOW, THEREFORE, in consideration of the mutual promises, benefits, and covenants
contained in this Agreement, the Parties incorporate by reference and agree to the above
recitals and the following terms and conditions:
1. Purpose. The purpose of this Agreement is to allow each of the Parties to pool all or a
portion of its tax receipts received under RCW 82.14.540 for use by SKHHP in funding
affordable and supportive housing projects and/or programs as permissible under RCW
82.14.540.
2. Responsibilities and Authority. For the purposes of RCW 39.34.030(4)(a), the SKHHP
Administering Agency is designated as the administrator responsible for overseeing and
administering the joint or cooperative undertaking contemplated by this Agreement. No
property shall be acquired by the Parties to this Agreement by reason of this joint or
cooperative undertaking.
3. Pooled Funds. The legislative body of each Party shall consider whether it will pool with
SKHHP all or a portion of its RCW 82.14.540 tax receipts. Each Party that determines that it
will pool all or a portion of its RCW 82.14.540 tax receipts shall transfer the funds to be
pooled into the SKHHP Housing Capital Fund.
4. Uses of Pooled Funds. Consistent with the permissible uses of funds set forth in RCW
82.14.540, SKHHP will distribute funds pooled under this Agreement only for the following
purposes that serve persons whose income is at or below 60 percent of the median income:
AGENDA ITEM #6. c)
SKHHP SHB 1406 Interlocal Agreement – February 4, 2021 Page 3 of 6
a. Acquiring, rehabilitating, or constructing affordable housing, which may include new
units of affordable housing within an existing structure or facilities providing
supportive housing services under RCW 71.24.385; and/or
b. Funding the operations and maintenance costs of new units of affordable or
supportive housing.
5. Selection of Funding Awards involving Pooled Funds. SKHHP intends to periodically invite
applications for funding for projects and/or programs eligible for funding under the SKHHP
Interlocal Agreement. For each round of funding applications for which SKHHP intends to
use funds pooled under this Agreement, the following shall apply:
a. The SKHHP Executive Board will identify funding guidelines that will include, but not
be limited to: the amount of available funding, household income targets, funding
priorities, eligible activities and geographic areas, regulatory terms, other award
terms/reporting requirements, application contents, review process, evaluation
criteria, and the schedule for funding allocation.
b. The SKHHP Advisory Board, to be established by the SKHHP Executive Board as
outlined in the SKHHP Interlocal Agreement, will provide recommendations to the
SKHHP Executive Board on the strategic funding priorities and the allocation of tax
receipts collected through this Agreement. These recommendations will consider
south King County housing needs, other funding sources that support affordable
housing and supportive housing, local housing needs, and equitable geographic
distribution of funds.
c. The SKHHP Executive Board shall consider the recommendations of the SKHHP
Advisory Board to decide both the recommended funding awards for selected
projects and/or programs and the specific funding from each participating Party
consistent with the SKHHP Executive Board Powers.
d. Funding will be limited to projects or programs that are within the SKHHP sphere of
influence as identified in the SKHHP Interlocal Agreement and meet the eligibility
criteria of RCW 82.14.540.
6. Expenditure of Pooled Funds; Legislative Authority of Each Party.
a. As provided in the SKHHP Interlocal Agreement, the SKHHP Executive Board will
recommend to the individual legislative bodies various terms to accompany their
authorizations. Terms shall be consistent with RCW 82.14.540 and may include but
will not be limited to: the amount of funds allocated, project description, minimum
affordability requirements, nature of funding commitment (loan, grant, or other),
and general repayment terms for loans, if applicable.
AGENDA ITEM #6. c)
SKHHP SHB 1406 Interlocal Agreement – February 4, 2021 Page 4 of 6
b. Before any Party’s pooled funds are awarded or distributed for funding of a project
or program selected pursuant to Section 4 “Selection of Funding Awards involving
Pooled Funds” of this Agreement, the legislative body of such Party shall authorize
the application of a specified amount of its 82.14.540 tax receipts in its Individual
Account, as provided in Section 14 of the SKHHP Interlocal Agreement.
c. SKHHP may only award and distribute a Party’s pooled funds after a Party’s
legislative body has approved participation in this Agreement.
7. Administration. Funds collected through this Agreement shall be administered through the
SKHHP Housing Capital Fund as outlined in the SKHHP Interlocal Agreement and
administered by the SKHHP Administering Agency. The SKHHP Administering Agency will
maintain records sufficient to separately track the deposits and withdrawals within each
Individual Account and each project account.
8. Reporting. In addition to reporting requirements under the SKHHP Interlocal Agreement,
SKHHP will submit an annual report to the Parties of work plan progress that includes, but is
not limited to, housing priorities, strategies, capital funding investments, use of pooled RCW
82.14.540 tax receipts, and other SKHHP accomplishments.
9. Audit. The Parties acknowledge that the expenditure of all funds will be subject to audit by
the state auditor or other authorized entity. The SKHHP Administering Agency reserves the
right to review, monitor, or audit the use of these funds as deemed necessary. Such
activities may occur with or without notice.
10. Termination or Withdrawal. This Agreement may be terminated at any time by an
affirmative vote of a majority of the legislative bodies of the Parties to this Agreement. If a
Party wishes to withdraw from participation in this Agreement, it may do so with written
notice to the SKHHP Executive Board of its intention to withdraw, due on or before July 1 of
a year and become effective as of 11:59 p.m. on December 31 of that year. Upon
termination of this Agreement or Party withdrawal from this Agreement, all uncommitted
pooled RCW 82.14.540 tax receipt moneys in the SKHHP Housing Capital Fund will be
distributed to the Parties in case of termination of the Agreement, or individually to any
Party withdrawing from the Agreement, by remitting the total uncommitted amounts
remaining in the Party’s Individual Account to that Party, unless otherwise authorized by
the legislative authority of that Party.
11. Additional municipalities. This Agreement may be expanded to include additional SKHHP
municipalities through the execution of a companion agreement that is consistent with this
Agreement and the SKHHP Interlocal Agreement, and upon an affirmative vote of a two‐
thirds majority of the membership of the SKHHP Executive Board.
12. Amendments. Any amendments to this Agreement must be in writing. This Agreement may
be amended upon approval of at least two‐thirds of the legislative bodies of all Parties to
AGENDA ITEM #6. c)
SKHHP SHB 1406 Interlocal Agreement – February 4, 2021 Page 5 of 6
this Agreement, evidenced by authorized signatures of those Parties as of the effective date
of this Agreement, however, any amendment to this Agreement affecting the terms and
conditions of membership, provisions regarding duration, termination or withdrawal, or the
conditions of this Section will require consent of the legislative authorities of all Parties. This
Section shall not be construed to require amendment of this Agreement for the addition of
a new Party contemplated under Section 11.
13. Effective date. This Agreement will become effective March 1, 2021, subject to its approval
by the legislative bodies of all participating jurisdictions, and pursuant to RCW 39.34.040.
Although this Agreement may be approved and signed by a Party after the Agreement’s
effective date, all acts consistent with the authority of this Agreement that occur on or after
March 1, 2021, are hereby ratified and affirmed, and the other terms of this Agreement will
be deemed to have applied.
14. Agreement Duration. This agreement will be in full force and effect until it is terminated in
accordance with the terms and conditions of this agreement.
(Signature Page Follows)
AGENDA ITEM #6. c)
SKHHP SHB 1406 Interlocal Agreement – February 4, 2021 Page 6 of 6
Approved and executed this _______ day of ________________, 2021.
Name of Party: [fill in jurisdiction]
___________________________________
[fill in appropriate signatory]
Approved as to form:
___________________________________
[fill in City Attorney information]
AGENDA ITEM #6. c)
AB - 2836
City Council Regular Meeting - 05 Apr 2021
SUBJECT/TITLE: 4Culture Sustaining Program Grant
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Cliff Long, Economic Development Director
EXT.: 6591
FISCAL IMPACT SUMMARY:
The City has applied for and will be awarded a total of $10,580 from 4Culture to support 2021 Arts and Culture
projects in the City of Renton.
SUMMARY OF ACTION:
4Culture provides sustained support funding to assist with the day -to-day needs of arts, heritage, and
preservation organizations—this reliable, consistent support lets creativity flourish in the places that make
King County a cultural hub. For the 2021 Arts Sustained Support program, 4Culture realized that a regular
application process would be an excessive burden on arts organizations already struggling to survive a global
pandemic that made public assembly an existential threat. For this reason, the 202 1 award process was
simplified and streamlined. A full application process for 2022 Arts Sustained Support funding will be
conducted in the fall of 2021.
Arts organizations, defined by King County as Communities of Opportunity will receive what the County is
currently calling an Equity Investment. This Equity Investment is part of 4Culture’s ongoing attempt to address
historical inequities experienced by underserved and marginalized communities. In future Sustained Support
cycles, Equity Investments may take a different form.
As a past recipient of 4Culture’s Arts Sustained Support, the Renton Municipal Arts Commission will be
awarded $10,580 to provide opportunities for members of the community to become engaged with each
other through art, whether it is a participatory project or event or as a spectator. Funding from 4Culture will
help the Arts Commission ensure accessibility to art and culture on a community level.
EXHIBITS:
A. 4Culture Arts Sustained Support Program 2021 Application
B. 4Culture 2021 Grant Agreement
C. 2021 4Culture Grant Agreement Legal Approval
STAFF RECOMMENDATION:
Authorize the Staff to accept the 4Culture Sustained Support Program award of $10,580 and sign the grant
agreement.
AGENDA ITEM #6. d)
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SUSTAINED SUPPORT
APPLICATION SUMMARY
Application status, narrative, supplementary items, etc. Not every field in this summary
may apply to the specific sustained support application you submitted.
TITLE 2021 Arts Sustained Support
STAGE Approved
YEAR 2021
PRIMARY
CONTACT
Jessie Kotarski
APPLICATION NARRATIVE
SHORT
ORGANIZATION
DESCRIPTION
COMMUNITY
FUTURE As City Council continues to assess the impact of COVID-19 on city
funds, the 2021 budget for the arts remains undecided. Regardless,
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the RMAC has solid plans to continue to offer and support programs
to enrich and increase participation and awareness of the cultural
and artist community in Renton with available resources.In 2021, the
RMAC has established three priorities on which to focus. The first is
service to the community as an art resource.Through a virtual
platform, the RMAC will provide quarterly workshops featuring topics
such as how to curate a solo exhibit, or guidance for filming in
Renton. These opportunities, along with links to and stories on other
resources available in the region will be promoted through a monthly
e-newsletter and through RMAC social media channels.
The second priority is promotion of local artists.This will be
accomplished through the continuation of the streamlined grant
program (while funds remain). The RMAC is dedicated to increasing
accessibility to the arts in the Renton community and the Grant
Committee is charged with ensuring the grant applications adhere to
criteria that includes special consideration for access for all. Grant
applications must provide examples of how they will use targeted
advertising/marketing [of the proposed event/opportunity] to reach
segments of the community that may not otherwise be aware of the
opportunity. This includes innovative outreach or multiple language
messaging. Applications must also be able to demonstrate free or
reduced price tickets to an identified segment of the community that
may not have the opportunity to attend the event because they
cannot afford it.
The third priority is the facilitation of public art and the creation of
opportunities for participatory public art to create a shared
experience of creation and interaction especially during this time of
isolation and detachment. If funding allows, the RMAC will pursue
opportunities for new community-painted murals that to be
completed with volunteer assistance at events that practice safe
physical distancing.
MANAGEMENT
AGENDA ITEM #6. d)
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PROGRAMMING As often happens, a perceived “negative” situation has inspired
change that has the potential to result in long term positives. This
past year, the Renton Municipal Arts Commission (RMAC) has pivoted
to meet the unprecedented demand to support and connect people
with arts and culture endeavors in the Renton community. The RMAC
increased support to artists and arts organizations with participation
and grants for virtual events and activities that could be conducted
safely under the COVID-19 mandated closures. The grant process
was streamlined and a rolling deadline instituted in order to more
quickly get much needed funds out to the local art community.
Applications were reviewed as received and no less than 20 artists
and nonprofit organizations received funding to support arts and
culture programs benefitting the Renton community. Programs
included art contests for school-aged kids, a virtual Film Festival,
murals in three different neighborhoods inspired and created in part
by members of the community, expansion of a popular hydrant art
program, a Wearable Art event featuring masks created by Renton
fashion designers, a documentary film celebrating Renton’s annual
rubber ducky derby (cancelled for the first time in 2020 due to the
pandemic), and that is just the beginning of the list of creative
projects funded in 2020.
Serving as Renton’s source for arts information, the RMAC took their
mission to the next level in 2020, organizing virtual art walks to
provide self-guided walking tours and an opportunity for the public
to connect safely with local artists. Tours are available on the
VisitRenton mobile app (available free for download) for the public to
explore as they walk or drive by. The tours include links and contact
information for the participating artists for anyone interested in
learning more or making a purchase. In September, a BLM art walk
featured work from black artists including performance art filmed
and streamed in storefront windows in downtown Renton. These
tours have inspired expanded programming that will include
“Feature the Artist” events this fall to highlight local artists and
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create additional opportunities to better connect the community
through social media platforms and safe, in-store experiences.
AGENDA ITEM #6. d)
4CULTURE PAGE 1
GRANT INFORMATION
CONTRACTOR INFORMATION
City of Renton
Jessie Kotarski
Economic Development Specialist
1055 S Grady Way, 6th floor
Renton, Washington 98057
(425) 430-6581
Your Contract #: 121170A
Arts Sustained Support - 1750
Motion #: 2021-09
PROGRAM INFORMATION
Attached is your Contract with 4Culture for $10,580.00 for the 2021 Arts Sustained Support project.
The contract starts on 01/01/21 and ends on 12/31/21.
For questions, contact Bret Fetzer at bret.fetzer@4culture.org or (206) 263-1599.
SCOPE OF SERVICE
City of Renton and 4Culture, the Cultural Development Authority of King County, mutually agree
that the following services be provided in accordance with the application submitted to and
approved by the 4Culture Board.
Support for 2021 Programs, including events or activities with actual expenses in excess of the
amount of this organization's Arts Sustained Support award, occurring between Jan 1 and Dec 31
of this year, and which are open and publicized to the community. Funds are provided on a cost
reimbursement basis, including any overhead, personnel, rent, insurance, and related operating
expenses necessary as part of the production of activities and experiences supported by this
award.
Payable upon completion of events or activities that fulfill the requirements above and submittal of
an invoice, including documentation regarding:
• Final project budget, actual
• Samples of programs, brochures, or other marketing materials featuring the 4Culture logo,
if available
• Photos of the event, if available
Final payment will not be made until acknowledgment is submitted
AGENDA ITEM #6. d)
4CULTURE PAGE 2
PUBLIC BENEFIT
When possible under the circumstances of the COVID-19 pandemic: All RMAC programs and events
are free to the public. Those proposed by other artists or organizations who/that receive funding
from the RMAC are required to meet at least one of the following accessibility requirements:
1) Marketing: outreach to under-served or culturally or linguistically isolated segments of the
community so that they are aware of the program or event;
2) Admission: free entrance or reduced ticket prices for identified segments of the population
that may not afford the cost of admission; and/or
3) Transportation: provide transportation to program or event for those with limited mobility
and/or no other transportation options. Greater consideration for funding is given for
enhanced accessibility.
CONTRACTOR INSTRUCTIONS
Please electronically sign this Contract within two weeks of receipt and return any required
enclosures. You will not be able to make changes to this Contract. If there is an error in the
document, or if you need to request changes in your Scope of Service or other items, please
contact your Program Manager listed above.
1.Services – Please review the information, Specific Scope, and Public Benefit sections above
carefully. These explain the services you are agreeing to provide in accordance with the
application you submitted to 4Culture.
2.Enclosures – Please complete any required enclosures and upload them via our website at
the link below. Enclosures with private information (e.g. social security numbers on a W-9)
may also be mailed to 4Culture, 101 Prefontaine Pl S, Seattle, WA 98104-2672.
a. Items to be returned at the time you sign the contract:
W-9
b.At the time you are requesting payment, you will need to provide appropriate
documentation such as an interim invoice, final invoice, evaluation, or digital
photos. Please review your specific grant program requirements at 4Culture’s
website: Manage Your Award.
AGENDA ITEM #6. d)
4CULTURE PAGE 3
3.4Culture Logo – For details of the requirements for acknowledging 4Culture support,
please refer to Section I, C. of the contract. The 4Culture logo is available for download in
PDF, EPS, and Jpeg formats.
Promote your 4Culture funded project using our Media Kit. Find out what’s required, what
you can do, and how we can help.
4.Signature – Follow the link in the e-mail message - you will be walked through a few simple
steps to read and sign the contract at DocuSign. A copy of the Contract will be e-mailed to
you as a PDF after it has been signed by 4Culture’s Executive Director.
AGENDA ITEM #6. d)
4CULTURE PAGE 4
AGENCY SERVICES CONTRACT
THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF
KING COUNTY (“4Culture”), whose address is 101 Prefontaine Place South, Seattle, WA
98104-2672 and telephone number is (206) 296-7580 and the Contractor as named on the
attached Contract Information Sheet. The Contractor is an art, cultural, preservation or
historical organization or specialist identified by 4Culture as qualified to receive funds
pursuant to King County Code Sections 2.48 and 4.42 and RCW 67.28.180 and as
hereinafter may be amended. The 4Culture Board of Directors approved providing funds
for this project in the motion referenced in the Contract Information Sheet.
4Culture desires to provide funds with which the Contractor shall render certain services to
King County citizens. Such services are for the benefit of King County citizens and are
provided by museums, performing arts experiences, heritage services and preservation
activities and are consistant with those defined in RCW 67.28.180 (“Public Benefit
Services”).
4Culture is organized pursuant to King County Ordinance 14482 and RCW 35.21.730, et
seq. RCW 35.21.750 provides as follows: "[All] liabilities incurred by such public
corporation, commission, or authority shall be satisfied exclusively from the assets and
properties of such public corporation, commission or authority and no creditor or other
person shall have any right of action against the city, town, or county creating such
corporation, commission, or authority on account of any debts, obligations, or liabilities of
such public corporation, commission, or authority."
The legislative authority of 4Culture has found and declared that providing funds to
Contractor to reimburse costs in consideration of services provided hereunder constitutes a
public purpose with the meaning of Article VII, Section 1 of the Washington State
Constitution for which public funds may properly be expended or advanced.
NOW, THEREFORE, in consideration of payments, covenants, and agreements
hereinafter mentioned, to be made and performed by the parties hereto, the parties
covenant and do mutually agree as follows:
I. SCOPE OF SERVICES
A. The Contractor shall provide services and comply with the requirements set
forth hereinafter and in the Grant Information cover sheet.
AGENDA ITEM #6. d)
4CULTURE PAGE 5
B. Purchase of Services. Funds awarded under this Agreement shall be used
solely to reimburse the Contractor for expenses incurred solely in accordance with the
Project Proposal and Budget made by the Contractor, and the final agreed upon Specific
Scope of Services identified by 4Culture. The work described generally by the Project
Proposal and Budget and more specifically by the Specific Scope of Services, including an
identified Public Benefit shall hereinafter be referred to as the “Project”.
C. Contractor agrees to acknowledge 4Culture support in all marketing and
promotional materials, websites, brochures, press releases, advertisements, signage and
other related materials during the period this contract is in force, with the credit line “this
project was supported, in part, by 4Culture/King County Lodging Tax”, and/or by the use of
the 4Culture logo.
D. The Contractor agrees to notify 4Culture whenever possible in advance of any
public benefit Project activities.
II. DURATION OF CONTRACT
This Agreement shall commence and terminate on dates noted on the Contract
Information Sheet. This Agreement, however, may be terminated earlier as provided in
Section IV hereof.
III. COMPENSATION AND METHOD OF PAYMENT
A. 4Culture shall reimburse the Contractor for its actual and authorized
expenditures incurred in satisfactorily completing the services contracted for and
otherwise fulfilling all other requirements specified in this contract in an aggregate
amount indicated on the Contract Information Sheet.
B. Contractor shall submit an invoice and any reports required, not more than 30
days after the completion of each specified phase identified there. 4Culture will initiate
authorization for payment after approval of corrected invoices and reports. 4Culture shall
make payment to the contractor not more than 60 days after an approved invoice is
received.
C. Contractor shall submit its final invoice and all outstanding evaluations, reports
and deliverables within 30 days of the date this Agreement terminates. If the contractor’s
final invoice and reports are not submitted by the day specified in this subsection, 4Culture
will be relieved of all liability for payment to the contractor of the amounts set forth in said
invoice or any subsequent invoice.
AGENDA ITEM #6. d)
4CULTURE PAGE 6
D. If the Contractor fails to comply with any terms or conditions of this contract or to
provide in any manner the work or services agreed to herein, 4Culture may withhold any
payment to the Contractor until 4Culture is satisfied that corrective action, as specified by
4Culture, has been completed. This right is in addition to and not in lieu of 4Culture’s right
to terminate this contract as provided in Section IV, any other rights of4Culture under this
Agreement and any other right or remedy available to4Culture at law or in equity.
IV. TERMINATION OF AGREEMENT
If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner
its obligations under this Agreement or if the Contractor shall violate any of its covenants,
agreements or stipulations of this Agreement, 4Culture may terminate this Agreement and
withhold the remaining allocation. Prior to so terminating this Agreement, 4Culture shall
submit written notice to the Contractor describing such default or violation. 4Culture shall
not so terminate this Agreement if 4Culture determines that Contractor has, within twenty
(20) days of the date of such notice, fully corrected such default or violation.
V. MAINTENANCE OF RECORDS
A. The Contractor shall maintain accounts and records, including personnel,
property, financial, insurance and programmatic records and other such records as may be
deemed necessary by 4Culture to ensure proper accounting for all contract funds and
compliance with this Agreement. All such records shall sufficiently and properly reflect all
direct and indirect costs of any nature expended and services provided in the performance
of this Agreement.
B. These records shall be maintained for a period of six (6) years after
termination of this Agreement unless a longer retention period is required by law.
VI. AUDITS AND EVALUATIONS
A. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by 4Culture and/or
federal/state officials so authorized by law during the performance of this Agreement and
six (6) years after termination hereof.
B. The Contractor shall provide right of access to its facilities, including by any
subcontractor to 4Culture, the King County, state and/or federal agencies or officials at all
reasonable times in order to monitor and evaluate the services provided under this
Agreement. 4Culture will give advance notice to the Contractor in the case of fiscal audits
to be conducted by 4Culture.
AGENDA ITEM #6. d)
4CULTURE PAGE 7
C. The Contractor agrees to cooperate with 4Culture in the evaluation of the
Contractor's performance under this contract and to make available all information
reasonably required by any such evaluation process. The results and records of said
evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17
(Public Records Act).
VII. PROPRIETARY RIGHTS
If any patentable or copyrightable material or article should result from the Project,
all rights accruing from such material or article shall be the sole property of Contractor.
Contractor agrees to and does hereby grant to 4Culture, an irrevocable, nonexclusive, and
royalty-free license to use, according to law, any material or article and use any method
that may be developed as part of the work under this Agreement, solely for non-
commercial publicity and marketing purposes. The foregoing license shall not apply to
existing training materials, consulting aids, checklists, and other materials and documents
of Contractor which are modified for use in the performance of this Agreement. 4Culture
will not use, license, distribute or gift any of Contractor’s work, material, article or method
for profit.
VIII. FUTURE SUPPORT
4Culture makes no commitment to support the services contracted for herein nor
guarantee regarding the success of the services and assumes no obligation for future
support of the Project except as expressly set forth in this Agreement.
AGENDA ITEM #6. d)
4CULTURE PAGE 8
IX. HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Agreement, the Contractor is an independent
contractor, and shall determine the means of accomplishing the results contemplated by
this Agreement. Neither the Contractor nor its officers, agents or employees are
employees of 4Culture for any purpose. The Contractor shall comply with all applicable
federal and state laws and regulations regarding employment, minimum wages and hours,
and discrimination in employment. The Contractor is responsible for determining the
compensation of its employees, for payment of such compensation, and for all federal
and/or state tax, industrial insurance, and Social Security liability that may result from the
performance of and compensation for these services. The Contractor and its officers,
agents, and employees shall make no claim of career service or civil service rights which
may accrue to a 4Culture employee under state or local law. 4Culture assumes no
responsibility for the payment of any compensation, wages, benefits, or taxes by, or on
behalf of the Contractor, its employees and/or others by reason of this Agreement. To the
extent allowed by law, the Contractor shall protect, defend, indemnify and save harmless
4Culture and its officers, agents, and employees from and against any and all claims,
costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to
pay any such compensation, wages, benefits, or taxes; (2) the supplying to the Contractor
of work, services, materials, or supplies by Contractor employees or other suppliers in
connection with or support of the performance of this Agreement. The Contractor shall also
defend, indemnify, and save harmless 4Culture, and its officers, agents, and employees,
from and against any and all claims made by Contractor’s employees arising from their
employment with Contractor.
B. To the full extent provided by applicable law, the Contractor shall protect,
defend, indemnify, and save harmless 4Culture its officers, employees, and agents from
any and all costs, claims, judgments, and/or awards of damages, arising out of or in any
way resulting from the acts or omissions of the Contractor, its officers, employees, and/or
agents, except to the extent resulting from 4Culture’s sole negligence. If this Agreement is
a “a covenant, promise, agreement or understanding in, or in connection with or collateral
to, a contract or agreement relative to the construction, alteration, repair, addition to,
subtraction from, improvement to, or maintenance of, any building, highway, road, railroad,
excavation, or other structure, project, development, or improvement attached to real
estate” within the meaning of RCW 4.24.225, the Contractor shall so protect, defend,
indemnify, and save harmless 4Culture, its officers, employees, and agents only to the
extent of the Contractor’s, its officers’, employees’, and/or agents' negligence. The
Contractor agrees that its obligations under this subparagraph extend to any claim,
demand, and/or cause of action brought by or on behalf of any employees, or agents.
Claims shall include, but are not limited to, assertions that the use or transfer of any
software, book, document, report, film, tape or sound reproduction or material of any kind,
delivered hereunder, constitutes an infringement of any copyright.
AGENDA ITEM #6. d)
4CULTURE PAGE 9
X. CONFLICT OF INTEREST
A. Chapter 42.23 RCW (Code of Ethics for Municipal Officers--Contract Interests) is
incorporated by reference as if fully set forth herein and the Contractor agrees to abide by
all the conditions of said Chapter. Failure by the Contractor to comply with any
requirements of such Chapter shall be a material breach of contract.
B. In addition, Contractor represents, warrants and covenants that no officer,
employee, or agent of 4Culture who exercises any functions or responsibilities in
connection with the planning and implementation of the Specific Scope of Contract
Services funded herein, has or shall have any beneficial interest, directly or indirectly, in
this contract. The Contractor further represents, warrants and covenants neither it nor any
other person beneficially interested in this Agreement has offered to give or given any such
officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or
reward in connection with this Agreement. The Contractor shall take all appropriate steps
to assure compliance with this provision.
XI. INSURANCE REQUIREMENTS
A. Contractor shall procure, at its sole cost and expense, Commercial General
Liability insurance against claims for injuries to persons or damages to property which may
arise from, or in connection with the performance of work hereunder by the Contractor, his
agents, representatives, employees, and/or subcontractors. The costs of such insurance
shall be paid by the Contractor or subcontractors. Each policy shall be written on an
"Occurrence" basis.
B. Minimum Scope of Insurance shall be Insurance Services Office form number
(CG 00 01 Ed. 11-88)—Minimum Combined Single Limit of $1,000,000 BI & PD with a
General Aggregate per project.
C. Deductibles and Self Insured Retentions
Any deductibles or self-insured retentions must be declared to, and approved by, 4Culture.
The deductible and/or self-insured retention of the policies shall not apply to the
Contractor's liability to 4Culture and shall be the sole responsibility of the Contractor.
AGENDA ITEM #6. d)
4CULTURE PAGE 10
D. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability Policies
a.) 4Culture, its officers, employees and agents are to be covered as
primary additional insureds as respects liability arising out of activities performed by or on
behalf of the Contractor in connection with this Agreement.
b.) To the extent of the Contractor's negligence, the Contractor's
insurance coverage shall be primary insurance as respects 4Culture, its officers,
employees, and agents. Any insurance and/or self-insurance maintained by 4Culture, its
officers, employees, or agents shall not contribute with the Contractor's insurance or
benefit the Contractor in any way.
c.) The Contractor's insurance shall apply separately to each insured
against whom claim is made and/or lawsuit is brought, except with respect to the limits of
the insurer's liability.
2. All Policies
a.) Coverage shall not be suspended, voided, canceled, reduced in
coverage or in limits, except as reduced in aggregate by paid claims, at any point during
the life of this contract. No material change, or cancellation or nonrenewal of any policy
required by this contract shall occur without thirty (30) days’ prior written notice to 4Culture.
E. Acceptability of Insurers
Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers
with a Best's rating of no less than A:VIII, or, if not rated with Best's, with minimum
surpluses the equivalent of Bests' surplus size VIII.
F. Verification of Coverage
4Culture, reserves the right to request that contractor submit the certificate(s) of insurance
evidencing compliance with all requirements set forth above.
AGENDA ITEM #6. d)
4CULTURE PAGE 11
XII. NONDISCRIMINATION
A. During the performance of this Agreement, Contractor shall comply with state,
federal and local legislation requiring nondiscrimination in employment and the provision of
services to the public, including, but not limited to: Title VI of the Civil Rights Act of 1964;
chapter 49.60 RCW (the Washington state law against discrimination); K.C.C. chapter
12.16 regarding discrimination and affirmative action in employment by contractors,
subcontractors and vendors; K.C.C. chapter 12.17 prohibiting discrimination in contracting;
K.C.C. chapter 12.18 requiring fair employment practices; K.C.C. chapter and 12.22
prohibiting discrimination in places of public accommodation.
B. The Contractor shall maintain, until 12 months after completion of all work under
this contract, all written quotes, bids, estimates or proposals submitted to the Contractor by
all businesses seeking to participate in this Agreement. The Contractor shall make such
documents available to 4Culture for inspection and copying upon request.
XIII. NOTICES
Whenever this Agreement provides for notice to be provided by one party to another,
such notice shall be in writing and directed to the chief executive officer of Contractor and the
Executive Director of 4Culture at the addresses first written above. Any time within which a
party must take some action shall be computed from the date that the notice is received by
said party.
XIV. GENERAL PROVISIONS
No modification or amendment to this Agreement shall be valid unless made in
writing and signed by the parties hereto. Proposed changes which are mutually agreed
upon shall be incorporated by written amendments to this Agreement. 4Culture's failure to
insist upon the strict performance of any provision of this Agreement or to exercise any
right based upon a breach thereof or the acceptance of any performance during such
breach, shall not constitute a waiver of any right under this Agreement. In the event any
term or condition of this Agreement or application thereof to any person or circumstances is
held invalid, such invalidity shall not affect other terms, conditions, or applications of this
Agreement which can be given effect without the invalid term, condition, or application. To
this end, the terms and conditions of this Agreement are declared severable. The parties
agree that this Agreement is the complete expression of the terms hereto and any oral or
written representations or understandings not incorporated herein are excluded. Both
parties recognize that time is of the essence in the performance of the provisions of this
Agreement.
AGENDA ITEM #6. d)
4CULTURE PAGE 12
XV. ATTORNEYS' FEES; EXPENSES
Contractor agrees to pay upon demand all of 4Culture's costs and expenses,
including attorneys' fees and 4Culture's legal expenses, incurred in connection with the
enforcement of this Agreement. 4Culture may pay someone else to help enforce this
Agreement, and Contractor shall pay the costs and expenses of such enforcement. Costs
and expenses include 4Culture's attorneys' fees and legal expenses whether or not there is a
lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and
including efforts to modify or vacate any automatic stay or injunction), appeals, and any
anticipated post-judgment collection services. Contractor also shall pay all court costs and
such additional fees as may be directed by the court. Notwithstanding the foregoing, subject
to RCW 4.84.330, if either Contractor or 4Culture is the prevailing party in any action to
enforce the provisions this Agreement, then such prevailing party shall be entitled to
reasonable attorneys' fees in addition to costs and necessary disbursements.
XVI. SURVIVAL
The terms and conditions of Sections III, V, VI, VII, VIII, IX, XI, XII, XIII, XIV and XV
shall survive the termination of this Agreement and shall be continuing obligations of the
parties.
4CULTURE:CONTRACTOR:
AGENDA ITEM #6. d)
AB - 2838
City Council Regular Meeting - 05 Apr 2021
SUBJECT/TITLE: 2020 Washington State Department of Health SNAP Incentive
Agreement Amendment 2
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services Department
STAFF CONTACT: Carrie Olson, Farmers Market Coordinator
EXT.: 7214
FISCAL IMPACT SUMMARY:
Accept an additional $22,000.00, up to $34,500.00, as reimbursement from the Washington State Department
of Health between April 1, 2020 and December 31, 2021 for Supplemental Nutrition Assistance Program
(SNAP) incentives at the Renton Farmers Market.
SUMMARY OF ACTION:
From 2016 through 2020, the Renton Farmers Market has facilitated an incentive program for participants in
the Supplemental Nutrition Assistance Program (SNAP). Known formerly as 'Fresh Bucks' the incentive was a
dollar-for-dollar match of SNAP benefits to use at the Market, with the incentive money coming back to
Renton Farmers Market in a reimbursement process from an original grant with the City of Seattle, now with
Washington State Department of Health.
With the sunset of that grant at the end of 2019, the Renton Farmers Market looks to continue this successful
incentive program with funding from the Washington State Department of Health. This grant originally
covered up to $7,500.00 in incentives as reimbursement, from April 1, 2020 though June 30, 2021, but with
this second amendment, will allow up to an additional $22,000.00 as reimbursement through December 31,
2021.
EXHIBITS:
A. 2020 DOH SNAP Incentive Amendment 2
STAFF RECOMMENDATION:
Approve Amendment 2 to the 2020 Washington State Dep artment of Health Supplemental Nutrition
Assistance Program Incentive Agreement to accept funding at the Renton Farmers Market for April 1, 2020
through December 31, 2021.
AGENDA ITEM #6. e)
DOH Amendment GVL24912-2 Page 1 of 5
Revision 04/2020
CONTRACT AMENDMENT
1. NAME OF CONTRACTOR
City of Renton - Farmers Market
dba Renton Farmers Market
2. CONTRACT NUMBER
GVL24912
ADDRESS OF CONTRACTOR (STREET)
1055 South Grady Way
2a. AMENDMENT NUMBER
CITY, STATE, ZIP CODE
Renton, WA 98057
2
3. THIS ITEM APPLIES ONLY TO BILATERAL AMENDMENTS.
The Contract identified herein, including any previous amendments thereto, is hereby amended as set forth in Item 5
below by mutual consent of all parties hereto.
4. THIS ITEM APPLIES ONLY TO UNILATERAL AMENDMENTS.
The Contract identified herein, including any previous amendments thereto, is hereby unilaterally amended as set forth
in Item 5 below pursuant to that changes and modifications clause as contained therein.
5. DESCRIPTION OF AMENDMENT: The purpose of this amendment is to add federal funds, extend the period
of performance to December 31, 2021, and add special requirements for participation in the Gus Schumacher Nutrition
Incentive Program (GusNIP) grant from the U.S. Department of Agriculture (USDA).
5.a Statement of Work: Exhibit A-1 is revised in accordance with Exhibit A-2, attached hereto and incorporated
herein.
5.b Consideration: This amendment increases the Contract Consideration by $22,000; therefore, the revised
maximum consideration of this contract and all amendments shall not exceed $34,500.
Source of Funds for this Amendment: (FED) $22,000; (ST) $0; (Other) $0; Total $22,000
Contractor agrees to comply with applicable rules and regulations associated with these funds.
5.c Period of Performance: remains is extended through December 31, 2021.
5.d The Effective Date of this Amendment: is effective Upon written notification from DOH that the Contractor has
been approved by the USDA to participate in the GusNIP grant (approval from USDA can take up to 30 days after
both parties have signed this contract.
6. All other terms and conditions of the original contract and any subsequent amendments thereto remain in full force and
effect.
7. This is a unilateral amendment. Signature of contractor is not required below.
Contractor hereby acknowledges and accepts the terms and conditions of this amendment. Signature is required below.
8. CONTRACTOR SIGNATURE (also, please print/type your name)
{{Sig_es_:signer1:signature}}
DATE
{{Dte_es_:signer1:date}}
9. DOH CONTRACTING OFFICER SIGNATURE
{{Sig_es_:signer2:signature}}_ }}
DATE
{{Dte_es_:signer2:date}}
This document has been approved as to form only by the Assistant Attorney General.
AGENDA ITEM #6. e)
EXHIBIT A-2
STATEMENT OF WORK
DOH Contract GVL24912-2
DOH Amendment GVL24912-2 Page 2 of 5
Revision 04/2020
SNAP Market Match
PURPOSE: Washington State’s Fruit and Vegetable Incentive Program (FVIP) provides point of sale incentives
to Supplemental Nutrition Assistance Program (SNAP) clients. One part of the FVIP is SNAP Market Match at
farmers markets. Farmers markets will implement SNAP Market Match to increase the purchasing power of SNAP
clients to purchase fruits and vegetables. SNAP Market Match is supported in part by a GusNIP grant.
Scope of Work:
1. Implement the SNAP Market Match program, which includes but is not limited to:
a. Providing $1 of fruit and vegetable “incentives” for $1 every SNAP clients use to purchase SNAP eligible
items, up to $40 per day (daily customer “cap”). Incentives can only be used for fresh fruits, vegetables,
mushrooms, fresh herbs, and edible plant starts.
Using standard currency and promotional material as provided by DOH.
2. Report SNAP transaction data, which includes:
a. SNAP and incentive distribution for each SNAP/EBT transaction each month – including transaction
date, market name, SNAP sale amount, incentive distribution amount, last 8 digits of EBT card, and zip
code. Reporting will be through the tablet/app provided by DOH. Farmers markets can use paper tracking
during the market day, but need to transfer this data to the table/app.
b. Farmers markets must return DOH issued tablet to DOH at the conclusion of contract period.
c. SNAP and incentive redemption each month – including SNAP and incentive amount redeemed by
vendors. Reporting will be to the designated Technical Assistance Provider, unless otherwise directed by
DOH.
3. Market will provide courtesy notification to DOH when planning to use SNAP Market Match logo for
promotional materials with a wide reach (i.e., videos, websites). Market will include the following funding
statement on promotional materials: “SNAP Market Match is made possible and administered by Washington
State Department of Health.” Market will also include a link to the SNAP Market Match website and the
statement “find more information at www.doh.wa.gov/SNAPMarketMatch.”
4. Farmers markets must notify DOH when 75% of annual budget for SNAP Market Match incentives has been
redeemed based on the 2021 budget detailed on page 4. This notification will allow DOH and the market time
to amend this agreement as necessary.
5. Farmers markets must maintain copies of EBT batch settlement tape, EBT account records, and/or bank
account information affiliated with EBT transactions. DOH may ask to see this information to verify payment
to vendors for EBT currency. Farmers markets must make this information available to DOH upon request.
See General Conditions 14. RECORDS, DOCUMENTS, AND REPORTS for DOH’s full record retention
requirement.
6. Train staff, volunteers, and vendors on the statewide SNAP/EBT Match Program, with the assistance of the
Washington State Farmers Market Association and a Technical Assistance Provider (designated by region by
DOH).
7. Promote the SNAP/EBT Match program to SNAP clients at your farmers market.
8. Invoice Department of Health on a monthly basis (see Payment and Deliverable sections below).
9. Work with the region’s Technical Assistant Provider to troubleshoot issues related to the SNAP/EBT Match
Program and reporting.
Payment:
Payment will come from two different funding sources, with different payment periods and allowable
reimbursements. See table on page 4 for a breakdown.
1. State funding must be used by June 30, 2021 and allowable reimbursement is for incentives redeemed
only. State funding reimbursement cannot exceed $10,000. State funding must be spent down before
contractor can bill to federal funding.
AGENDA ITEM #6. e)
EXHIBIT A-2
STATEMENT OF WORK
DOH Contract GVL24912-2
DOH Amendment GVL24912-2 Page 3 of 5
Revision 04/2020
2. NEW for 2021: Federal funding must be used by December 31, 2021 and allowable reimbursements are
for incentives and administrative costs (calculated at 10% of incentives). Federal funding reimbursement
cannot exceed $22,000.
The contractor will invoice monthly on A-19 invoice form provided by DOH and send the invoice to a DOH
designated email for timely processing and reimbursement.
Payment will only be dispersed if Deliverable #1 and #2 is up to date for the respective month.
Funding Source Payment Period Amount DOH will reimburse Allowable
reimbursements
State July 1, 2020 – June
30, 2021
$10,000 Incentives
Federal January 1, 2021 –
December 31, 2021
$22,000, which includes:
Incentives: $20,000
Administrative Costs: $2,000
Total Federal: $22,000
Incentives and
Administrative
Costs (calculated at
10% of Incentives)
Deliverables:
1. SNAP and incentive distribution for each SNAP/EBT transaction each month– including transaction date,
market name, SNAP sale amount, incentive distribution amount, last 8 digits of EBT card, and zip code.
2. SNAP and incentive amounts redeemed by vendors each month.
Special Requirements:
Gus Schumacher Nutrition Incentive Program (GusNIP) Grant Project Participation
1. Firm Contact Information
Street: 233 Burnett Avenue South, Renton, WA 98057
Mailing: 1055 South Grady Way, 6th Floor, Renton, WA 98057
FNS#: 049-9053
Operates: Tuesdays 3pm - 7pm, June-September
2. GusNIP Grant Project Participation
a. Time Period: The Firm’s participation in DOH’s GusNIP grant project will occur during a time period
defined as beginning January 1, 2021 and ending on August 30, 2023.
b. Incentives offered at firm: customer of the Firm who participate in the federal Supplemental Nutrition
Assistance Program (SNAP) will be eligible to use SNAP to purchase any SNAP eligible item and
receive an incentive of $1 to spend on fresh vegetables, fresh fruits, mushrooms, fresh herbs, seeds, and
plants that produce food up to $40 per day.
3. Data Collection: the Firm will provide the Grantee with all incentive transaction-related data necessary for a
robust evaluation of the GusNIP grant project with the mutual understanding that this data will be furnished
by USDA NIFA, FNS, and GusNIP evaluators. These data include:
a. Site and Project Information
i. Management or organizational structure of the program
ii. Financial instrument used for SNAP and incentive purchases (tokens, scrip, electronic, etc.)
iii. Retail locations, mobile routes, or other pertinent information to understand how the project improves
access to healthy food for underserved, low-income consumers
iv. Months of operation and operating days and hours
AGENDA ITEM #6. e)
EXHIBIT A-2
STATEMENT OF WORK
DOH Contract GVL24912-2
DOH Amendment GVL24912-2 Page 4 of 5
Revision 04/2020
v. Whether it is a new SNAP incentive program or the continuation, expansion, or modification of an
existing program
vi. Whether program sites accept other nutrition assistance program benefits
vii. Whether program sites collaborate with nutrition education programs or offer other experiential
nutrition education activities
viii. Expenses associated with establishment and operations of the program
b. Incentive Program Information
i. Fruit and vegetable products eligible for incentives
ii. Incentive level (ratio and maximum)
iii. Incentive delivery mechanism
iv. Dollar value of SNAP purchases (per site/per year)
v. Number of SNAP transactions (per site/per year)
vi. Dollar value of incentives issued (per site/per year)
vii. Dollar value of incentives redeemed (per site/per year)
viii. Average incentive value redeemed per recipient (weekly/monthly/annually)
c. Firm Regulations: the Firm will follow all relevant GusNIP and SNAP rules including, but not limited to,
the following:
i. The Firm will only accept incentives for GusNIP qualifying fruits or vegetables;
ii. The Firm will never accept incentives for ineligible products (i.e., non-food, alcohol, tobacco, or hot
food products);
iii. The Firm will never exchange incentives for cash (i.e., trafficking);
iv. The Firm will never provide cash or SNAP EBT change for incentives;
v. The Firm will never provide cash or SNAP EBT refunds for incentives;
vi. The Firm will never accept incentives from individuals known not to be legally entitled to possess
incentives;
vii. The Firm will never accept incentives to pay credit accounts; and,
viii. The Firm will never knowingly provide false information of a substantive nature regarding their
participation in the grant project.
The Firm acknowledges that failure to abide by GusNIP and SNAP rules, at any firm location, may result in
SNAP disqualification, civil money penalties, and/or criminal penalties.
d. Grantee Regulations: The Grantee acknowledges that failure of the Grantee to abide by GusNIP grant
program rules may result in rescission, in whole or in part, of grant funds.
e. Grantee Responsibility for Firm: The Grantee acknowledges that they are responsible for overseeing
firms participating in their grant project to ensure that SNAP and GusNIP rules are followed; and that
they will be held responsible for instances of noncompliance that occur at any of their participating firms.
The Grantee and the Firm hereby acknowledge the above regulations and agreements and commit to uphold them
throughout the duration of the GusNIP grant program, or until this agreement is superseded by a future
memorandum of understanding to ensure continued compliance with USDA FNS guidelines.
AGENDA ITEM #6. e)
EXHIBIT A-2
STATEMENT OF WORK
DOH Contract GVL24912-2
DOH Amendment GVL24912-2 Page 5 of 5
Revision 04/2020
Sanctions:
Sanction Table
Violation Actions
#1 Failure to comply or respond to Technical
Assistant Provider inquiries
If Technical Assistance Provider does not receive a
response from market within 10 business days of
original email, they will send follow-up email
#2 Failure to comply or respond to Technical
Assistant Provider inquiries
If Technical Assistance Provider does not receive a
response from market to follow-up email within 5
business days, they will send a second follow-up email
and phone call
#3 Failure to comply or respond to Department of
Health inquiries
If Technical Assistance Provider does not receive a
response from market within another 5 business days
they will escalate to Department of Health staff. DOH
staff will call market and send a follow-up email with
cc to TA.
#4 Failure to comply or respond to Department of
Health inquiries
If DOH staff does not receive a response from market
within 10 business days of email and call, DOH will
terminate contract due to non-compliance effective 30
days from the last date of attempted contact.
Both the Technical Assistance Provider and Department of Health staff will take into account the documented
preferred communication method of the farmers market and attempt to contact them using that method when
possible. Email and phone calls may be substituted for other means of communication per the markets
documented preference (i.e. text messaging).
AGENDA ITEM #6. e)
AB - 2816
City Council Regular Meeting - 05 Apr 2021
SUBJECT/TITLE: Sunset Neighborhood Park Notice of Grant
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services Department
STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director
EXT.: 6619
FISCAL IMPACT SUMMARY:
A recorded Notice of Grant is required to close out the grant agreement and receive the grant retainage
amount of $39,672.00.
SUMMARY OF ACTION:
In 2018 Council authorized the Mayor and the City Clerk to execute the grant agreement with the State of
Washington, Recreation and Conservation Office on behalf of the Recreation and Conservation Funding Board
(RCFB)] to accept $500,000 (CAG-18-069). The grant, a federal Land and Water Conservation Fund grant
(LWCF), is funded by the US Department of Interior through the National Park Service. Grant funding was
for a one parcel acquisition and the development of the Sunset Neighborhood Park. Grant funding is received
on a reimbursement basis and in order to receive the final retainage payment ($39,672.00) a Notice of Grant is
required to be recorded.
The requirement for a Notice of Grant (NOG) is specified in the Grant Agreement and the requirement t o
record the NOG ensures that the present and future use of the facility is and shall remain subject to the terms
and conditions described in the Grant Agreement. The entire park, parcel #7227801300 and parcel #7227801400
less the regional stormwater facility, will be encumbered by this document. Specifically the encumbered area
will remain a park and continue to function as intended in perpetuity. Property conversion is not allowed and
includes, but is not limited to, using property for purposes other th an which funds were approved and
transferring property to another entity without prior approval via written amendment to the Agreement. All
real property or facilities acquired, developed, renovated, and/or restored with funding assistance shall
remain in the same ownership and in public use/access status in perpetuity.
In accordance with the Grant Agreement, the Notice of Grant formalizes the present and future use for Sunset
Neighborhood Park (less the regional stormwater facility) in perpetuity.
EXHIBITS:
A.20161115_Master Plan
B. Boundary Map
C.16-1772 Sunset Notice of Grant 3-16-21
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Notice of Grant; record the Notice of Grant with King County.
AGENDA ITEM #6. f)
Adopted: November 3, 2014
Amended: November 15, 2016
0 20 40 80 feetN
Sunset Neighborhood Park Master Plan Full Master Plan
Investing in Housing ● Jobs ● Education ● Health ● Environment ● Transportation
NE 10
T
H
S
T
SUNSET LN NESUNSET LN NESUN
S
E
T
LN
N
E
G
L
ENWOO
D
A
V
E
HARRINGTON
AVEHARRINGTON AVERenton Highlands Library
Market Rate Housing / Mixed UseMarket Rate Housing
Market Rate Housing
RHA Housing Accent Tree
Specimen Tree
Street Tree
Native Evergreen Tree
Lawn
Planting Area (Shrub & Groundcover)
RHA Housing
RHA Housing
Entry Sign
Teen / Adult Fitness
Pervious Pavement with 6” Concrete Curb Edges
Pergola Structure with Curved Benches Restroom with Pergola Structure over Breezeway
Performance Seating / Open Space Lawn
Water Feature
Bench with Planters
Viewing / Picnic Gazebo
Load / Unload
Raingarden, Typ.
Playground (5-12 yr)
Playground (2-5 yr)Curbs and Step-Off Pads Installed During Sunset Lane NE Construction
Existing Raingardens
Pergola with Free Library and Seating
Curved Bench with Interpretive Sign
Art Location
Art Location
LEGEND
“Stage Area”
Picnic Area
AGENDA ITEM #6. f)
Aerial Imagery from King County 2019
Map Date: 1/5/2021 Map By: AA
SUNSET NEIGHBORHOOD PARK
2680 Sunset Lane NE
Renton, WA 98056
LWCF Boundary Map
RCO 16-1772C
LWCF# 53-00723
King County Parcels:
7227801300 (0.18 acres):
Parcel 7 of Lot Line Adjustment under King
County Recording No. 20160603900008.
[Grant Funded Acquisition Parcel]
7227801400 (3.03 acres):
Parcel 1 of Lot Line Adjustment under King
County Recording No. 20160603900008.
Total LWCF Acreage (Park parcels less
Regional Stormwater Facility): 2.89 acres
LEGEND:
LWCF Boundary
(Sunset Neighborhood Park)
Boundary Exception Area Regional
Stormwater Facility (0.32 acres)
PSE Easement
(AFN 20160926001226)
NE 10th St
N
E
1
0
t
h
S
t
Sunset
Ln
NESunset Ln NENE Sunse
t
B
lvd NE Sunset BlvdSunset Ln NEGlennwood
Ave
NEHarringtonAve NEHar
r
ing
ton
Ave
NE
N
1"=82'
KCLS Renton
Highlands Library
7227801300
7227801400
AGENDA ITEM #6. f)
Upon recording return to:
Washington State Recreation and Conservation Office
Attn: DeAnn Beck, Outdoor Grants Manager
PO Box 40917
Olympia, WA 98504-0917
NOTICE OF GRANT
(Sunset Neighborhood Park Phase II-L)
Grantor: CITY OF RENTON, a Washington municipal corporation
Grantee: STATE OF WASHINGTON, acting by and through THE
WASHINGTON STATE RECREATION AND CONSERVATION
FUNDING BOARD, administered by the WASHINGTON STATE
RECREATION AND CONSERVATION OFFICE
Abbreviated legal description: Ptn Parcel 1 and Parcel 7 City of Renton LLA, LUA16ဨ000132,
King County Rec. No. 20160603900008 (More particularly described in Exhibit A (Legal
Description) and as depicted in Exhibit B (Property Map))
Tax Parcel No(s)**: 7227801400 and 7227801300
Reference Numbers of Documents Assigned or Released: Transfer deed, AFN 20160705001635
(**note KC Tax Parcel No. 7227801305 no longer exists and was reassigned under LUA16-
000132)
This Notice of Grant is recorded to acknowledge certain restrictions and covenants on land
developed with funds from the Land and Water Conservation Fund (hereinafter “LWCF”)
administered by the United States Department of the Interior, National Park Service (hereinafter
“Service”) and by the State of Washington, acting by and through the Washington State
Recreation and Conservation Funding Board and administered by the Washington State
Recreation and Conservation Office (hereinafter “Grantee”).
3DJH1 RI
AGENDA ITEM #6. f)
3DJHRI
City of Renton (hereinafter “Grantor”), its successors and assigns, acknowledge that the property
commonly known as Sunset Neighborhood Park in King County, State of Washington, legally
described in Exhibit A and shown in Exhibit B, which is attached hereto and made part hereof
(hereinafter “Project Area”), was developed in whole or in part with funds received from the
LWCF State Assistance Program established by the Land and Water Conservation Fund Act of
1965, administered by the Service and administered by the Grantee, its successors and assigns.
Grantor, its successors and assigns, Grantee, its successors and assigns, and the Project Area are
subject to the terms and conditions of the Service’s LWCF Grant Agreement Number
P17AP00308/53-00723 and RCO Project Agreement Number 16-1772C (hereinafter “Grant”).
Copies of the Agreements are kept on file at the offices of the Service, 5LYHUIURQW'ULYH,
2PDKD1( the Grantor, 1055 South Grady Way, Renton, WA 98057, and the Grantee,
1111 Washington Street SE, Olympia, WA 98501.
Grantee and Grantor hereby confirm their obligations and responsibilities with regards to the
Project Area pursuant to the terms and conditions associated with the Grant, including a
restriction on conversion to other than public outdoor recreation uses.
REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES TO
FOLLOW
AGENDA ITEM #6. f)
GRANTOR:
CITY OF RENTON, a Washington municipal corporation
By:
Name: Armondo Pavone
Title: Mayor
Dated this ________ day of ______________________, 20 .
ATTEST:
Jason A. Seth, City Clerk
STATE OF WASHINGTON )
) ss
COUNTY OF _______________ )
I certify that I know or have satisfactory evidence that________________________________
is the person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledge it as the _______________________________ for the Grantor,
_________________________________and to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Dated:
Signed:
Notary Public in and for the State of Washington,
residing in ______________________________________.
My commission expires ___________________________.
3DJHRI
AGENDA ITEM #6. f)
GRANTEE:
STATE OF WASHINGTON, acting by and through THE WASHINGTON STATE
RECREATION AND CONSERVATION FUNDING BOARD, administered by the
WASHINGTON STATE RECREATION AND CONSERVATION OFFICE
By:
Name: Scott T. Robinson
Title: Deputy Director
Dated this day of , 20 .
STATE OF WASHINGTON )
) ss
COUNTY OF _______________ )
I certify that I know or have satisfactory evidence that __________________________ is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledge it as the ________________________________ for the Recreation and
Conservation Office and to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
Signed:
Notary Public in and for the State of Washington,
residing in ______________________________________.
My commission expires ___________________________.
3DJHRI
AGENDA ITEM #6. f)
3DJHRI
Exhibit A
Project Area Legal Description
Parcel 1 and Parcel 7 according to City of Renton Lot Line Adjustment No. LUA16-000132, per
Recording No. 20160603900008, Records of King County, Washington.
EXCEPT that portion for Regional Stormwater Facility described as follows:
Commencing at the Southeasterly corner of Parcel 7 of said Lot Line Adjustment; Thence South
59°30’33” East, a distance of 67.63 feet to the True Point of Beginning; Thence North 34°53’19”
East, a distance of 95.02 feet; Thence South 55°07’15” East, a distance of 75.00 feet; Thence
South 32°43’37” East, a distance of 92.00 feet; Thence South 34°53’19” West, a distance of
60.00 feet; Thence North 55°06’41” West, a distance of 160.06 feet to the True Point of
Beginning.
Situate in the Northwest Quarter of Section 9, Township 23 North, Range 5 East, W.M., City of
Renton, County of King, State of Washington.
Containing 2.89 Acres More or Less
AGENDA ITEM #6. f)
3DJHRI
AGENDA ITEM #6. f)
AB - 2817
City Council Regular Meeting - 05 Apr 2021
SUBJECT/TITLE: Sunset Neighborhood Park Deed of Right
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services Department
STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director
EXT.: 6619
FISCAL IMPACT SUMMARY:
A recorded Deed of Right is required to close out the grant agreement and receive the grant retainage amount
of $39,672.00.
SUMMARY OF ACTION:
In 2018 Council authorized the Mayor and the City Clerk to execute the grant agreement with the State of Washington,
Recreation and Conservation Office [on behalf of the Recreation and Conservation Funding Board (RCFB)] to accept
$500,000 (CAG-18-069). The grant, a federal Land and Water Conservation Fund grant (LWCF), is funded by the US
Department of Interior through the National Park Service. Grant funding was for a one parcel acquisition and the
development of the Sunset Neighborhood Park. Grant funding is received on a reimbursement basis and in order to
receive the final retainage payment ($39,672.00) a Deed of Right is required to be recorded.
The Deed of Right is required by the State Recreation and Conservation Office for and in consideration of monies coming
in whole or in part from the federal Land and Water Conservation Fund account and as defined by RCFB Acquisition
Manual 3. The Deed is recorded to ensure that the present and future use of acquisition funded parcels are and shall
remain in public use. One parcel, Parcel 7,
(tax # 7227801300) was acquired with grant funding (formerly known as the Node Parcel). The Deed of Right only
encumbers Parcel 7. Specifically the encumbered area shall allow public access, shall provide access for future
compliance inspections ensuring the terms of the Deed and Project Agreement are met, the Grantor (City) shall not use
or allow any use of the Real Property (parcel 7) that is inconsistent with recreation purposes, and the Grantor (City) shall
not grant or suffer the creation of any property interest (conversion) that is inconsistent with recreation purposes as
per the project agreement.
In accordance with the Deed of Right, the present and future use for Parcel 7 of the Sunset Neighborhood Park shall
remain in public use in perpetuity.
EXHIBITS:
A. 20161115_Master Plan
B. Boundary Map
C. 16-1772 Sunset Deed of Right (DOR) 3-17-21
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Deed of Right; record the Deed of Right with King County.
AGENDA ITEM #6. g)
Adopted: November 3, 2014
Amended: November 15, 2016
0 20 40 80 feetN
Sunset Neighborhood Park Master Plan Full Master Plan
Investing in Housing ● Jobs ● Education ● Health ● Environment ● Transportation
NE 10
T
H
S
T
SUNSET LN NESUNSET LN NESUN
S
E
T
LN
N
E
G
L
ENWOO
D
A
V
E
HARRINGTON
AVEHARRINGTON AVERenton Highlands Library
Market Rate Housing / Mixed UseMarket Rate Housing
Market Rate Housing
RHA Housing Accent Tree
Specimen Tree
Street Tree
Native Evergreen Tree
Lawn
Planting Area (Shrub & Groundcover)
RHA Housing
RHA Housing
Entry Sign
Teen / Adult Fitness
Pervious Pavement with 6” Concrete Curb Edges
Pergola Structure with Curved Benches Restroom with Pergola Structure over Breezeway
Performance Seating / Open Space Lawn
Water Feature
Bench with Planters
Viewing / Picnic Gazebo
Load / Unload
Raingarden, Typ.
Playground (5-12 yr)
Playground (2-5 yr)Curbs and Step-Off Pads Installed During Sunset Lane NE Construction
Existing Raingardens
Pergola with Free Library and Seating
Curved Bench with Interpretive Sign
Art Location
Art Location
LEGEND
“Stage Area”
Picnic Area
AGENDA ITEM #6. g)
Aerial Imagery from King County 2019
Map Date: 1/5/2021 Map By: AA
SUNSET NEIGHBORHOOD PARK
2680 Sunset Lane NE
Renton, WA 98056
LWCF Boundary Map
RCO 16-1772C
LWCF# 53-00723
King County Parcels:
7227801300 (0.18 acres):
Parcel 7 of Lot Line Adjustment under King
County Recording No. 20160603900008.
[Grant Funded Acquisition Parcel]
7227801400 (3.03 acres):
Parcel 1 of Lot Line Adjustment under King
County Recording No. 20160603900008.
Total LWCF Acreage (Park parcels less
Regional Stormwater Facility): 2.89 acres
LEGEND:
LWCF Boundary
(Sunset Neighborhood Park)
Boundary Exception Area Regional
Stormwater Facility (0.32 acres)
PSE Easement
(AFN 20160926001226)
NE 10th St
N
E
1
0
t
h
S
t
Sunset
Ln
NESunset Ln NENE Sunse
t
B
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AGENDA ITEM #6. g)
Page 1 of 7
Upon Recording, Please Return To:
DeAnn Beck,Outdoor Grants Manager
Washington State Recreation and Conservation
Office PO Box 40917
Olympia, WA 98504‐0917
DEED OF RIGHT TO USE LAND
FOR PUBLIC OUTDOOR
RECREATION PURPOSES
(Sunset Neighborhood Park Phase II-L)
Grantor: CITY OF RENTON, a Washington municipal corporation
Grantee: STATE OF WASHINGTON, acting by and through the
WASHINGTON STATE RECREATION AND CONSERVATION FUNDING
BOARD and the WASHINGTON STATE
RECREATION AND CONSERVATION OFFICE, including any successor agencies
Abbreviated Legal Description: Parcel 7 City of Renton LLA, LUA16‐000132, King County
Rec. No. 20160603900008 (More particularly described in Exhibit A (Legal Description) and
as depicted in Exhibit B (Property Map))
Assessor's Property Tax Parcel Number(s)**: 7227801300
Reference Numbers of Documents Assigned or Released: Transfer deed, AFN
20160705001635 (**note KC Tax Parcel No. 7227801305 no longer exists and was
reassigned under LUA16-000132)
The Grantor enters this Deed for and in consideration of monies coming in whole or in part
from the Land and Water Conservation Fund Account. Such grant is made pursuant to the
Project Agreement entered into between the Grantor and the Grantee entitled “Sunset
Neighborhood Park Phase II-L” , Project Number 16‐1722C signed by the Grantor on the 16th
day of April, 2018 and the Grantee the 7th day of May, 2018 and supporting materials which
are on file with the Grantor and the Grantee in connection with the Project Agreement.
The Grantor hereby conveys and grants to the Grantee as the representative of the people of the
State, the right to enforce the following duties:
AGENDA ITEM #6. g)
Page 2 of 7
1.The Grantor shall take such reasonable and feasible measures as are necessary to protect the
Real Property as described in Exhibit A: Legal Description for public outdoor recreation
purposes, consistent with the Project Agreement, so as to provide public access to outdoor
recreation opportunities in perpetuity and protect public outdoor recreation and park
resources.
2.The Grantor shall allow public access to the Real Property as provided in the Project
Agreement. Such access shall be subject to the restrictions allowed under the Project
Agreement, by written agreement with the Grantee, or under state law. This provision is not
intended to prevent reasonable access or use restrictions that are necessary for safe and
effective management of the property consistent with outdoor recreation purposes and the
Project Agreement.
3.The Grantor shall provide access to the Grantee to inspect the Real Property for compliance
with the terms of this Deed and the applicable Project Agreement to which the Grantor is a
signatory. Such access shall be subject to the restrictions, if any, allowed under the Project
Agreement, by written agreement with the Grantee, or under state law. The Grantor warrants
it has and shall maintain the legal right and means to reach the Real Property.
4.Without the prior written consent of the Grantee or its successors, through an amendment
to the Project Agreement or the process set forth below, the Grantor shall not use or allow
any use of the Real Property (including any part of it) that is inconsistent with the recreation
purposes herein granted and as stated in the Project Agreement. The Grantor shall also not
grant or suffer the creation of any property interest that is inconsistent with the recreation
purposes herein granted and as stated in the Project Agreement.
Grantee's consent to an inconsistent use or property interest under this Deed shall be granted
only to the extent permitted by law and upon the following three conditions, which ensure
the substitution of other eligible land. The conditions are: (1) the substitute recreation land
must be of reasonably equivalent usefulness and location for the public outdoor recreation
purposes as the Real Property prior to any inconsistent use; (2) the substitute recreation land
must be of at least equal fair market value to the Real Property at the time of Grantee's
consent to the inconsistent use; and (3) the fair market value of the Real Property at the time
of the Grantee's consent to the inconsistent use shall not take into consideration any
encumbrances imposed on or alterations made to that land as a result of the original state
grant and other grants if such encumbrances or alterations reduce the value of the Real
Property from what it would be without them.
For purposes of this Deed the Project Agreement includes any amendments thereto that
occur prior or subsequent to the execution of this Deed.
This Deed contains covenants running with the land and shall be binding upon the Grantor,
its successors and assigns, and upon any person acquiring the Real Property, or any portion
AGENDA ITEM #6. g)
Page 3 of 7
thereof, or any interest therein, including a leasehold interest, whether by operation of law
or otherwise. If the Grantor sells all or any portion of its interest, the new owner of the Real
Property or any portion thereof (including, without limitation, any owner who acquires its
interest by foreclosure, trustee's sale or otherwise) shall be subject to applicable covenants
and requirements under the Deed.
This Deed may not be removed or altered from the Real Property unless specific approval
has been granted by the Washington State Recreation and Conservation Office and/or the
Washington State Recreation and Conservation Funding Board or its successors.
The Washington State Recreation and Conservation Office and the Washington State
Recreation and Conservation Funding Board and/or its successors shall each have a separate
and independent right to enforce the terms of this deed.
REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES TO
FOLLOW
AGENDA ITEM #6. g)
Page 4 of 7
GRANTOR:
CITY OF RENTON, a Washington municipal corporation
By:
Name: Armondo Pavone
Title: Mayor
Dated this day of , 20 .
ATTEST:
Jason A. Seth, City Clerk
STATE OF WASHINGTON )
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Armondo Pavone is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledge it as the Mayor for
the Grantor, City of Renton and to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:
Signed:
Notary Public in and for the State of Washington, residing in .
My commission expires .
REMAINDER OF PAGE IS INTENTIONALLY BLANK; ADDITIONAL SIGNATURE
PAGE FOLLOWS
AGENDA ITEM #6. g)
Page 5 of 7
GRANTEE:
STATE OF WASHINGTON, acting by and through THE WASHINGTON STATE
RECREATION AND CONSERVATION FUNDING BOARD, administered by
the WASHINGTON STATE RECREATION AND CONSERVATION OFFICE
By:
Name: Scott T. Robinson
Title: Deputy Director
Dated this day of , 20 .
STATE OF WASHINGTON )
COUNTY OF )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledge it as the for the
Recreation and Conservation Office and to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Dated:
Signed:
Notary Public in and for the State of Washington, residing in .
My commission expires .
AGENDA ITEM #6. g)
Page 6 of 7
Exhibit A
Acquisition Area Legal Description
Parcel 7 according to City of Renton Lot Line Adjustment No. LUA16-000132, per
Recording No. 20160603900008, Records of King County, Washington.
Situate in the Northwest Quarter of Section 9, Township 23 North, Range 5 East, W.M., City
of Renton, County of King, State of Washington.
AGENDA ITEM #6. g)
Page 7 of 7
AGENDA ITEM #6. g)
AB - 2832
City Council Regular Meeting - 05 Apr 2021
SUBJECT/TITLE: CAG-20-061 - Addendum 1 Time Extension The Alford Group
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services Department
STAFF CONTACT: Roberta Graver, Administrative Assistant
EXT.: 6600
FISCAL IMPACT SUMMARY:
$140,000 is currently budgeted in the Family First Center Capital Fund
SUMMARY OF ACTION:
Requesting approval of Amendment No. 1 of CAG-20-061 extending the expiration date of the contract to June 30, 2022,
and ratification of the original contract with The Alford Group in the amount of $140,000.00 for the purpose of
providing as-needed services related to the coordination and adherence to terms of grants and donations during
construction of the Family First Community Center. The contract extension request is also due to the delay in permitting
and start of construction of the Family First Community Center because of the state mandated restrictions related to the
2020 Covid-19 pandemic.
EXHIBITS:
A. CAG-20-061 Addendum 1 Contract Time Extension - The Alford Group
B. CAG-20-061
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Addendum No. 1 of CAG-20-061, extending the expiration date of the
contract to June 30, 2022 and ratification of the original contract with The Alford Group in the amount of $140,000.00
for the purpose of providing as-needed services related to the coordination and adherence to terms of grants and
donations during the construction of the Family First Community Center.
AGENDA ITEM #6. h)
AMENDMENT NO. 1 AGREEMENT FOR CAG 20‐061 CAPITAL
CAMPAIGN ASSESSMENT AND COUNSEL
THIS AMENDMENT, dated March 2, 2021, is by and between the City of Renton (the “City”), a
Washington municipal corporation, and The Alford Group (“Consultant”). The City and the
Consultant are referred to collectively in this Amendment as the “Parties.” Once fully executed
by the Parties, this Amendment is effective as of the last date signed by both parties.
Whereas, the City engaged the services of the Consultant under Agreement CAG‐20‐061, dated
March 6, 2020, to provide necessary services for capital campaign assessment, planning and
counsel (referred to herein as the “Agreement”);
Whereas, the Parties wish to amend the Agreement to change the time of performance to June
30,2022 in order to provide necessary services.
NOW THEREFORE, it is mutually agreed upon that CAG‐20‐061 is amended as follows:
1.Time of Performance: Section 3, Time of Performance, is amended to June 30, 2022.
Work shall be performed by no later than June 30, 2022.
2.Compensation: Section 4, Compensation, remains unchanged with a total compensation
amount not‐to‐exceed of $140,000, plus any applicable state and local sales taxes.
3.All the terms of the Agreement not explicitly modified herein shall remain in full force
and effect and such terms shall apply to Work performed according to this Amendment
as if fully set forth herein.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Amendment as of the date
last signed by the Parties below.
CITY OF RENTON
By:
Armando Pavone
Mayor
CONSULTANT
By:
Sharon Tiknis
Chief Client Experience Officer
AGENDA ITEM #6. h)
March 12, 2021
Date Date
Attest
Jason A. Seth
City Clerk
Approved as to Legal Form
By:
Shane Moloney
City Attorney
Contract Template Updated 01‐15‐2020
Clb 3‐3‐21 (1141)
PAGE 2 OF 2
AGENDA ITEM #6. h)
CAG-20-061
AGREEMENT FOR CAPITAL CAMPAIGN ASSESSMENT, PLANNING
AND COUNSEL
THIS AGREEMENT, dated March k, 2020, is by and between the City of Renton (the "City"), a
Washington municipal corporation, and The Alford Group ("Consultant"). 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 capital campaign assessment, planning and
counsel related to the Family First Community Center as specified in Exhibit A, which is
attached and incorporated herein and may hereinafter be referred to as the "Work."
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications.Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually
agreed by the Parties.
3.Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later
than June 30, 2021.
4.Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $140,000.00, 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 A.The Consultant agrees that any hourly or
flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless
otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided
herein, the Consultant shall be solely responsible for payment of any taxes imposed
as a result of the performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed,the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and the rate for the Work. The
AGENDA ITEM #6. h)
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 thirty (30) calendar days' notice to the Consultant in writing. In the
event of such termination or suspension, all finished or unfinished documents, data,
studies, worksheets, models and reports, or other material prepared by the
Consultant pursuant to this Agreement shall be submitted to the City, if any are
required as part of the Work.
B. In the event this Agreement is terminated by the City,the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
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PAGE 2OF1O
AGENDA ITEM #6. h)
and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City's or other's
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7.Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8.Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act,Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys' fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order.The provisions of this section
shall survive the expiration or termination of this Agreement.
9.Independent Contractor Relationship:
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
PAGE 3OF10
AGENDA ITEM #6. h)
during the period of the Work shall be that of an independent contractor, not
employee.The Consultant, not the City,shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant's failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City's sole negligence:
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate...) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees and volunteers, Consultant's
liability shall be only to the extent of Consultant's negligence.
C114
PAGE 4 OF 10
AGENDA ITEM #6. h)
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant's waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City's Code of Ethics and state law,the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant's performance of the Work.
12. City of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cros/One.aspx?portal ld=7922741&pageld=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-mv-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers' compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
CiMe
PAGE 5 OF 10
AGENDA ITEM #6. h)
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 CONSULTANT
Russ Woodruff 1oAnn Yoshimoto
1055 South Grady Way 200 W Mercer St, Suite E-304
Renton, WA 98057 Seattle, WA 98119
Phone: (425) 430-6602 Phone: (206) 548-0451 x20
rwoodruff@rentonwa.gov jyoshimoto@alford.com
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PAGE 6 OF 10
AGENDA ITEM #6. h)
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
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PAGE 7OF1O
AGENDA ITEM #6. h)
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 Russ
Woodruff. In providing Work, Consultant shall coordinate with the City's contract
manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant's employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. _Joint Drafting Effort.This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
PAGE 8OF10
AGENDA ITEM #6. h)
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.
0
PAGE 9OF10
AGENDA ITEM #6. h)
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 ENTON CONSULTANT
By: By: 4‘t >
fr
to Pavone, Mayor Ka en Rotko-Wynn
Executive Vice President
03.0/0. 2rb idad rh 9
Date Date
Attest
o
Jas A. et
Ci Clerk
Approved as to Legal Form
By: .,d10"t-e
Shane Maloney
City Attorney
2-27-20 clb 1141 Non-standard
tttti
i1aY 1111 ti 17. /".j
9.
1
e
PAGE 10OF10
AGENDA ITEM #6. h)
r
11,4
a Exhibit A
1
THE ALFORD GROUP—
Proposed Contract for
Mid - Campaign Assessment & Planning
and Campaign Counsel
Presented by
The Alford Group
to
Family First Community Center
City of Renton
February 28, 2020
Primary Contact:
JoAnn Yoshimoto, CFRE
The Alford Group
206-548-0451 x20
ivoshimoto(a alford.com
The specifications of this proposal, including the professional fee and availability of the consulting team,
are valid for sixty(60)days following submission of this proposal.
CREATE IMPACT, DEEPEN IMPACT www.alford.com
AGENDA ITEM #6. h)
47
THE ALFORD GROUI""
February 28, 2020
Kelly Beymer
Administrator, Community Services
City of Renton
1055 South Grady Way, 6th Floor
Renton, WA 98057-3232
Dear Kelly,
Thank you very much for the recent conversations and for inviting The Alford Group to submit
this proposed contract for services to you. It would be an honor and a pleasure to work with you
to achieve your philanthropic goals for the Family First Community Center!
It is our aim to tailor the process to your specific needs and timeline, and to align this process
with other strategic priorities to enhance financial sustainability and build organizational
fundraising capacity.
The greatest benefit of a well-conducted assessment and campaign is that it takes an objective
perspective of your unique situation and opportunities and it truly engages and invigorates those
who participate. Staff, donors and other community leaders will explore the philanthropic
potential and engage in a process that will delve into questions about capacity, efficiency,
leadership and key messages.
We bring to the process professional creativity, years of fundraising and management
experience, familiarity with the philanthropic communities and — most importantly—the
structure, skills and attitudes to motivate staff and volunteers and impose the discipline and
order necessary to grow philanthropic potential.
It would be a pleasure to work with you and Family First Community Center to forward your
mission to provide a recreational facility in the City of Renton to enhance the stability of the
community by helping families achieve goals in education, fitness and overall health. Thank you
very much for this opportunity to introduce our services to you! We will make ourselves available
to begin work on this project as soon as you are ready.
Thank you again for consideration of The Alford Group's qualifications and proposal for
services. I look forward to seeing you soon!
Sincerely,
jk/4/1/t/1
JoAnn Yoshimoto, CFRE
Associate Senior Consultant
200 W Mercer St,Suite E-304
Seattle,WA 98119
Chicago (312)929,1646
New York (845)439-1242
Seattle (206)548 0451
AGENDA ITEM #6. h)
Family First Community Center/City of Renton
Proposed Contract for Mid-Campaign Assessment & Planning
and Campaign Counsel
February 28, 2020
It is a pleasure to present this proposal to Family First/City of Renton for Mid-Campaign
Assessment & Planning and Campaign Counsel services to be provided by The Alford Group.
Family First has been in the early stages of a major capital campaign to raise $15 million to
construct a community center in Benson Hill. We understand that the vision is to provide a
recreational facility to enhance the stability of the community by helping families achieve goals
in education, fitness and overall health. Thus far, approximately $10.3 million has been pledged
and/or received, and approximately $4.7 million must be raised by May 2021. The urgency of
planning, preparation and securing philanthropic support for this project cannot be overstated.
The success of this Capital Campaign is crucial to the overall success of the project.
Family First has enjoyed the leadership and investment of former Seahawk Doug Baldwin,
along with former Mayor Denis Law, the Renton City Council, and Community Services staff
members Kelly Beymer and Russ Woodruff. With renewed energy, campaign focus and
discipline, a realistic timeframe for raising the remaining funds can be determined and achieved.
The Alford Group believes that the best course of action at this juncture is to conduct a mid-
campaign assessment and planning phase, which will overlap with elements of the leadership
phase of the campaign. During the initial assessment we will interview key staff, current and
potential donors, key campaign volunteer leaders, as well as review current fundraising
strategies, staffing structures, and the campaign's progress to date. This swift yet thorough
assessment will yield an informed plan of action moving forward. Simultaneously, we propose
continuing efforts to engage the key volunteer leaders, and the top five potential lead donors
with a goal of securing their gifts early in the process.
Our scope of work for conducting the assessment along with an outline of primary campaign
activities that will drive the campaign to successful completion follows in the pages below. It
would be our honor to serve Family First and the many writers throughout the region who rely
on your services each and every day. The Alford Group would be honored to partner with
Family First as you continue this exciting journey.
Mid-Campai• n Assessment & Plannin•
March 1, 2020 — May 31, 2020
Goal of Service
The primary goal of the mid-campaign assessment and planning phase will be to take a step
back, evaluate the opportunities and provide Family First with recommendations for successfully
completing a major philanthropic campaign. The assessment methodology will thoroughly
examine six key areas crucial to your philanthropic success, engage and cultivate stakeholders
and potential donors, and build the culture of philanthropy throughout the organization.
Areas of Analysis
Through a few strategic interviews, the engagement of key staff and volunteer leaders, and a
mid-campaign assessment, The Alford Group will assess six key areas that are critical to the
success of any major campaign effort. These six areas are:
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AGENDA ITEM #6. h)
Family First image and reputation
Appeal of the campaign vision
Gift potential/financial capacity
Availability of volunteer leadership
Climate and timing
Internal readiness
Critical issues—potential obstacles to the campaign, if any
See Appendix A for a more in-depth description of each area of analysis.
Focus of Activities
Responsibilities of The Alford Group
The Alford Group will partner closely with Family First's staff and key volunteer leadership
throughout the mid-campaign assessment and planning process. Based on our understanding
of your plans and needs, we have designed the following methodology for our work together
during this assessment stage:
1. Tailor the process
At an initial kick-off meeting, The Alford Group consulting team and Family First staff
leadership will:
clarify and confirm the planning process
define roles and responsibilities
establish timelines
begin to identify community members as potential interviewees and/or members of
the leadership cabinet
We will review relevant organizational materials and talk individually with key leaders to
gain a thorough understanding of Family First and the issues and factors that could
affect the campaign.
2. Establish volunteer leadership
Volunteer leadership is the most critical component of a successful capital campaign. Family
First has successfully engaged some key community leaders to date. We will work with you to
identify, cultivate and recruit additional campaign leadership who will provide oversight during
the assessment and leadership in the identification, cultivation and solicitation process during
the leadership phase of the campaign.
The Alford Group will guide Family First in identifying and recruiting additional selected
individuals to join your leadership committee.
3. Refine the case document for the campaign
The Alford Group and Family First staff will work together to affirm and fine-tune a concise and
compelling written case prospectus to be used in tandem with the campaign brochure,
articulating the need for the proposed campaign and clearly describing how the entire
community will benefit from the campaign's successful completion. The valuable feedback from
interviewees will help shape recommendations and key messages, and in crafting a final case
statement for use in the campaign.
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4. Conduct highly personalized interviews/Engage key stakeholders and donors
One-on-one interviews/conversations will be conducted as a means of testing the proposed
campaign priorities with and cultivating prospective donors and other key stakeholders.
Interviewees will be asked to provide their perspective and input on the case prospectus,
campaign priorities, other potential interviewees, their possible participation in the campaign, and
more. These engaging, private conversations with an objective "third-party" will yield valuable
information about interviewees' perceptions and will help inform overall campaign strategy.
The Alford Group will develop a comprehensive questionnaire for use in interviewing a
diverse group of community stakeholders including (but not limited to) selected current
and past volunteer leaders; past, current and prospective donors; neighbors; business
leaders; and other key stakeholders as identified.
Senior-level consultants will conduct 12— 15 confidential, highly personalized, face-to-
face interviews, at a time and location most convenient for each interviewee, allowing
ample time for each interview in order to fully explore the issues surrounding the
campaign.
5. Analyze donor data, trends and gaps
To inform our recommendations for internal readiness and campaign strategies regarding donor
constituencies, we will review donor history, mailing lists, and other information to identify
important opportunities for Family First's campaign and future giving programs including major,
annual, planned, corporate and foundation giving. This analysis will be critical in ensuring that all
currently secured opportunities and relationships are fully explored with added naming and
community match opportunities. In partnership with The Alford Group, results will allow Family
First to strategically plan for staffing/resource/time allocation, make informed donor cultivation,
solicitation and campaign decisions, build cases for targeted donor solicitation, strengthen the
case for support and capacity building, and provide a sound foundation of informed data-driven
decision making.
6. Compile and analyze findings, present recommendations and a campaign plan
The Alford Group will compile the information gathered as a result of the interviews and
evaluate the implications in relation to the six areas of analysis mentioned above.
We will prepare a brief written executive summary that will include findings from the
assessment, an analysis of what those findings mean in the context of the current
campaign, and recommendations and strategies for moving forward to target the right
prospects as well as an integrated community/public phase suited to highlight and
celebrate Mayor Armondo Pavone's success.
Responsibilities of Family First
Family First will be responsible for the following activities with guidance from The Alford Group:
Meet with The Alford Group's consultants to tailor the process and identify and develop
recruitment strategies for the leadership members and interviewees.
Gather and provide requested reports and documents for the internal review (The Alford
Group will provide a list). The Alford Group will keep all information in strict confidence.
Maintain the master Campaign Cabinet (committee) recruitment list, recruit Cabinet
members, manage related correspondence, and coordinate scheduling and logistics for
Cabinet meetings.
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AGENDA ITEM #6. h)
Maintain the master interview list, manage all interview correspondence, schedule
interview appointments, send "thank you" notes to participants.
Review and respond to the mid-campaign assessment report and plan of action.
Outcomes and Deliverables
As a result of the assessment, The Alford Group will provide specific deliverables designed to
allow Family First to move with confidence through the remainder of the campaign.
Mid-Campaign Assessment& Planning Summary
The primary deliverable of this engagement is the mid-campaign assessment and planning
summary. The Alford Group's summary includes three main elements—findings, analysis, and
recommendations—that provide you with the depth and breadth of information that you need to
proceed with confidence with the proposed campaign. All three elements are based on solid
research and analysis of Family First's circumstances and the extensive collective experience of
The Alford Group team.
Campaign Plan
The Alford Group will provide a plan with a timeline and all of the necessary tools for a
successful completion of the Capital Campaign.
Capital Campai•n Counsel
The outcome of the Mid-Campaign Assessment & Planning Phase will inform strategies moving
forward. However it is anticipated that The Alford Group and Family First will work together on
the following primary activities to drive the campaign to a successful conclusion:
Campaign Phases
Phase I: Planning and Lead Gifts
April 1, 2020 —September 30, 2020
Early campaign efforts will focus on solidifying the planning. organizational, volunteer
leadership, and lead and major gift identification activities, which will lay the foundation for the
successful completion of the campaign. Typically, this phase lasts between nine and twelve
months, but will likely be condensed into five to six months, and includes the following activities:
Fine-tune elements of the overall campaign plan including timelines, budgets and
volunteer structures,job descriptions, named gift opportunities, recognition and
promotional opportunities,etc.
Refine internal systems necessary to support the campaign.
Add campaign staff as recommended and needed to fully implement campaign activities.
Further develop a comprehensive case-for-support and solicit feedback on the case
document from key constituents; respond to issues raised during the early campaign
assessment.
Identify and recruit campaign leadership including campaign co-chairs, honorary co-
chairs, and campaign cabinet members.
Provide training with appropriate Board members, volunteers and staff leadership.
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Continue to build,maintain and further develop a comprehensive donor prospect list of
individuals, foundations and corporations.
Identify, cultivate, and solicit the campaign's top 5 to 10 lead gifts, including individuals,
foundations, and corporations.
Plan and conduct a leadership campaign for Family First's governance, executive staff
leadership, and campaign cabinet members.
Develop tailored major gift presentation materials.
Develop campaign policies and procedures.
Obtain campaign pledges totaling between 50% and 65% of the goal.
Phase II: Major Gifts and Public Phase
October 1, 2020— May 31, 2021
The next phase of the campaign will include the continuation of leadership gift efforts and will
expand the focus on additional prospective donors who may make gifts at the mid-range level of
the campaign.
Ensure meticulous stewardship for lead gift donors.
Strategize and implement follow-up activities for lead gift donors.
Continue solicitation of remaining lead gift prospects.
Develop tailored major gift presentation materials.
Expand campaign cabinet into larger campaign steering committee.
Identify major gifts prospects ($10,000 to $25,000).
Cultivate and solicit major gifts prospects, focusing on gifts of$10,000 and above during
the first five months, and gifts from all others during the second half of the phase.
Further develop communications strategies and donor recognition plans.
Establish strategies for public campaign to involve and engage broader Family First
community, including communications, structure of community campaign, small donor
incentives, acquisition strategies, celebration event, etc.
Roles and Responsibilities
Task The Alford Group will initiate and Family First staff and volunteer
provide counsel for the following I leaders will be responsible for the
activities during the campaign in following activities, with guidance
partnership with Family First.and counsel from The Alford
Group.
Team Meet regularly with Family First's • Meet with The Alford Group
Meetings campaign team. and the campaign's volunteer
Meet with the campaign's volunteer leadership as often as
leadership, and campaign cabinet necessary to assure
as needed.appropriate and timely
Prepare agendas for meetings. progress and management of
the campaign.
Internal Guide Family First in implementing • Implement changes
Operations recommend changes/additions recommended by The Alford
necessary to properly manage the Group to properly manage the
campaign. campaign.
1
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AGENDA ITEM #6. h)
Task The Alford Group will initiate and Family First staff and volunteer
provide counsel for the following leaders will be responsible for the
activities during the campaign in following activities, with guidance
partnership with Family First.and counsel from The Alford
Group.
Campaign Develop a general campaign plan, • Collaborate with The Alford
Planning including overall philosophy and Group to develop the overall
approach, timelines, budgets, campaign strategy and
organizational and volunteer planning elements.
committee structures, named gift
and recognition opportunities,
community engagement strategies
and opportunities, policies and
procedures job descriptions for
staff, volunteers and counsel, etc.
Develop and continually refine
work plans/action steps and
timelines for each phase of the
campaign.
Case for Guide Family First in finalizing the • With The Alford Group's
Support and case for support and developing guidance, finalize the case for
Campaign printed materials as needed support, create and coordinate
Materials throughout the campaign. printing and/or production of
all campaign communications
materials such as brochures,
campaign project summaries,
individual donor solicitation
packages, pledge commitment
forms, donor recognition
materials, campaign
newsletters/ updates, and
other campaign
communications materials as
needed.
Volunteer Work with Family First to identify • Implement strategies to recruit
Leadership and recruit campaign leadership. campaign leadership including
Develop job descriptions and co-chairs, honorary chairs,
committee work plans for the and campaign cabinet and
campaign cabinet and campaign steering committee members.
steering committee members.
Develop strategies to involve and
motivate campaign volunteers.
Work with Family First staff and
volunteers to facilitate meetings
and other campaign cabinet and
steering committee activities.
Assist Family First in strategically
informing and engaging the City of
Renton and other stakeholders in
campaign activities.
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AGENDA ITEM #6. h)
Task The Alford Group will initiate and Family First staff and volunteer
provide counsel for the following leaders will be responsible for the
activities during the campaign in following activities, with guidance
partnership with Family First.and counsel from The Alford
Group.
Education Provide group and individual Participate in appropriate
and Training training for City leadership, staff campaign training sessions,
and campaign volunteers as they meetings, and other learning
assume leadership roles opportunities as
throughout the campaign. These recommended by The Alford
educational sessions will address Group.
the specific needs of the
group/individuals including setting
appointments, cultivation activities,
making solicitation calls, and
overcoming objections.
Prospect Provide the tools and training while • Identify campaign donor
Management guiding staff and campaign prospects.
volunteers in donor prospect Participate in donor prospects
management. rating and priority setting
Facilitate efforts for staff and sessions.
volunteers to identify, rate, and Compile and maintain the
prioritize donor prospects, including master campaign prospect list,
individuals, corporations, and implement a follow-up
foundations, and community and tracking system for
groups. cultivation and solicitation
Assist Family First in developing a activities pertaining to all
master donor prospect list, and campaign donors, prospects
creating follow-up systems for and volunteers.
appropriate data management and
record keeping.
Gift Volunteer Leadership -Work with • Work with The Alford Group to
Development Family First to develop and develop personal cultivation
implement solicitation strategies for and solicitation strategies for
the campaign's volunteer all lead, major, and volunteer
leadership.leadership gift prospects.
Lead and Major Gifts - Work with • Implement personal gift
Family First to develop and strategies.
implement individual cultivation and • Coordinate grants research
solicitation strategies for all lead and proposal writing and
and major gift prospects. submission.
Cultivation and solicitation
strategies will be highly
individualized, focused on
appropriate activities, and timed to
build toward the maximum possible
asks, proper team selection, and
timely implementation.
40,
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AGENDA ITEM #6. h)
Task The Alford Group will initiate and Family First staff and volunteer
provide counsel for the following leaders will be responsible for the
activities during the campaign in following activities, with guidance
partnership with Family First.and counsel from The Alford
Group.
Corporate/Foundation Grants —
Guide Family First in research and
preparing grants proposals.
Community Engagement—Provide
timely strategies to solicit and
heighten awareness of the new
project.
Administrative • Guide Family First staff regarding • Provide staff support at all
Support their administrative support for the campaign-related meetings
campaign. and training sessions
including scheduling, room
arrangements, generating
meeting notices,
correspondence,
minutes/action steps, and all
campaign financial and status
reports.
Timeline
We anticipate this Mid-Campaign Assessment & Planning Phase will be completed in
approximately 10 to 12 weeks from the date a contract is signed by both parties. In order to
accelerate campaign progress, activities during this phase will overlap with Planning and Lead
Gift Phase activities. Likewise, the Planning and Lead Gift Phase activities will also overlap with
the Major Gifts and Public Phase activities. A preliminary timeframe is provided below. The
Alford Group is available to begin immediately and will work with Family First to complete the
planning phase as quickly as possible without compromising the quality of the finished product.
This schedule depends on the availability of leadership volunteers, interviewees, and other work
demands on Family First staff.
We recommend six months for the Leadership Gifts Phase of the campaign to allow time for
planning and strategy development, cultivation and solicitation of lead donors to the campaign.
We recommend beginning the Major Gifts and Public Phase of the campaign in October 2020 to
allow eight months for completion of the project and the May 2021 deadline.
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AGENDA ITEM #6. h)
Family First Proposed Campaign Timeline
Mar Ma Jul Se• Nov Jan ar May
Mid-Campaign Assessment& Mar 2020-
Planning May 2020
Apr
Planning and Lead Gifts Phase
Sept 2
0-
S Sept 2020
Major Gifts and Public Phase Oct 2020—May 2021
Cost Specifications
Professional Fees
The professional fee for the Family First mid-campaign assessment & planning and campaign
counsel will be as follows:
Phase 1: Mid-Campaign Assessment & Planning 10,000 per month (3 months)
Phase 2: Campaign Counsel (Leadership & Major Gifts Phases) $8,500 per month (12 months)
The Alford Group bases its professional fees on the estimated amount of time it will take the
team to complete the work. The fee includes time spent both on- and off-site for preparation,
meetings, telephone calls, normal postage, materials preparation, training, planning, writing
reports, research and any other assignment performed on behalf of Family First within the
scope of this proposal. The Alford Group does not charge for travel time, however actual
expenses for any project-related travel will be invoiced monthly (as described below).
Expenses
The Alford Group will invoice Family First/City of Renton for any reasonable out-of-pocket
business expenses incurred during the course of providing the services described in this
proposal. This includes, but is not limited to such expenses as mileage or gas, parking, tolls,
project-related meals, and unusual clerical expenses. Mileage will be billed at the federally
approved rate. Only the actual out-of-pocket expenses will be invoiced. The Alford Group will
work closely with Family First/City of Renton and make every effort to keep expenses to a
minimum.
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AGENDA ITEM #6. h)
Additional Expenses
Any additional expenses incurred by The Alford Group at the request and with the prior approval
of Family First/City of Renton will be invoiced as incurred, and with appropriate documentation.
These may include such items as material production beyond the scope incorporated into this
Contract, extraordinary secretarial or staff support beyond that normally associated with the
original scope of the Work (at regular staff rates), and any other such expenses.
Custody of Funds, Assets and Property
It is understood by both parties that during the term of this Contract The Alford Group will not, at
any time, solicit funds, assets, or property for charitable purposes; receive or control, have
responsibility for, or custody or management of any of the funds, assets, or property solicited for
charitable purposes; or employ, procure, or engage any compensated person to solicit, receive,
or control funds, assets, or property for charitable purposes.
Other
The Alford Group is a member of the Giving Institute, and as such endorses and follows its Code
of Ethical Standards and Practices.
Submitted By:
THE ALFORD GROUP
Karen Rotko-Wynn, CFRE
Date: February 28, 2020
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AGENDA ITEM #6. h)
Pro.ect Team
Across the nation, The Alford Group's staff members are recognized leaders in the consulting
and not-for-profit sectors. They frequently participate as presenters at local, regional, and
national conferences and often serve in volunteer leadership roles for professional associations
such as The Giving Institute, the Association of Fundraising Professionals, and Advancement
Northwest. Our consultants are attracted to The Alford Group not only for its dedication to the
highest quality of service for its clients, but also for its core values and mission to strengthen the
not-for-profit community.
The Alford Group uses a team approach in working with clients. Senior-level consultants will
work directly with Family First's staff and volunteers. We selected consultants for Family First's
campaign planning and counsel based on knowledge of and experience with organizations such
as yours, and on experience with campaigns of a similar size and familiarity with the
philanthropic region. The level and depth of related resource development and consulting
experience of the senior consultants, and the fact that they will be the hands-on primary team
members on your project, differentiate The Alford Group from other consulting firms. We also
assign other staff of The Alford Group to the Family First campaign planning and counsel team
who bring additional relevant skills and experience to the project.
JoAnn Yoshimoto, CFRE, Associate Senior Consultant, will lead The Alford Group's team
for Family First. Working with JoAnn will be Jennifer Shin, MBA, CFRE, Consultant, and
Mariah Fosnight, MBA, Senior Client Service Associate. The unbeatable strength of this
team of professionals assures that Family First will receive expert guidance and counsel
throughout the campaign planning and counsel process and will have a final product that fully
prepares Family First for the future.
To ensure continuity in service, this team will provide campaign counsel as well. Biographies for
each team member can be found on the following pages.
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AGENDA ITEM #6. h)
A man there was, though some did
count him mad,
The more he cast away, the more
ka.. tt*.. . he had.
John Bunyan
IIIr Yoshimoto, CFRE
Senior Consultant
JoAnn began her not-for-profit career in 1977 and has served continuously as staff, board member
and/or donor ever since. As a senior consultant with The Alford Group, JoAnn works with diverse
client projects ranging from capital campaign design and counsel to fundraising plan development tointerimstaffing. JoAnn —like all members of The Alford Group—particularly enjoys providing
customized services to meet an organization's unique circumstances.
JoAnn joined The Alford Group in 2006 after a sabbatical of 18 months spent visiting seven
continents. Her experiences trekking in the Andes and Himalayas, exploring the Southern Ocean of
Antarctica, South Pacific Ocean of Australia and Greenland Sea give her an extraordinarily broad
world view that she harkens when helping our clients connect with their communities.
Her tenure with The Alford Group has provided a decidedly different type of passport, though it has
offered endless adventure and exploration nonetheless. Instead of serving one organization focused
on one cause, she chooses to travel the entire world of not-for-profits as a consultant. She works
diligently to gain a deep understanding of each organization's impact on an individual and its
community, and she interacts with the staff and volunteer leaders who make possible the vital work
that transforms our world.
Before joining The Alford Group, JoAnn worked as major gifts and planned giving officer, foundation
executive director and capital campaign director. As a board member she has served a community
land trust; regional museum of culture, art and history; resource for technical assistance to emerging
nonprofits, and international bicycle transportation effort, as well as the Association of FundraisingProfessionals—Washington Chapter.
Joined The Alford Group: 2006
Clients served include: Overlake Hospital Foundation, Seton Medical Center
Foundation, Agros International, Habitat for Humanity of
Seattle/South King County, YMCA of Greater Seattle,
RiteCare of Washington, Nikkei Concerns, Clover Park
Technical College, Seattle Central Community College,
Hamlin Robinson School, Andrews University, Panorama,
Willamette View, Kin On Community Health Care, Seattle
Public Library Foundation, Tacoma Art Museum
Education & Certifications: B.A. Anthropology, Beloit College
Certified Fund Raising Executive (CFRE) since 2000
AVG-
nnr'
THE ALFORD GROUP
200 West Mercer Street I Suite E-304 I Seattle I Washington 198119
206.548.0451 1206.548.0150 fax
jvoshimotot alford.corn I www.alford.com I Connect with me on Linkedln
AGENDA ITEM #6. h)
I am honored to work
alongside organizations
during the most
transformational moments in
their history."
Jennifer Shin, CFRE
Consultant
o
Jennifer joined The Alford Group in 2019 after serving the nonprofit sector for over twelve years with
responsibilities in fundraising, relationship management, staff development, marketing and analytics.
As a seasoned fundraising professional for both a public library foundation and social service
agency, Jennifer has repeatedly streamlined fundraising operations, implemented strategic
initiatives, trained and restructured teams, and reinforced key relationships at all levels. In her role
as a consultant, she is dedicated to building comprehensive community enhancing fundraising
campaigns that are aligned with each organization's strategic direction and priorities.
Previously serving as the director of development at The Seattle Public Library Foundation, Jennifer
was responsible for implementing a fundraising program that included individual and legacy giving,
donor stewardship, special events, and board relations. During this period, she managed all
stewardship and reporting functions for their endowment fund, strategized the digital marketing and
acquisition efforts for a 230K opted-in online audience, convened a volunteer leadership advocacy
committee, and piloted new fundraising initiatives to diversify their revenue streams.
Jennifer also served as the associate director of development at Catholic Charities of Western
Washington where she directed state-wide fundraising and communication initiatives and was
responsible for raising $4 million annually. Over the course of nearly 10 years, she consistently grew
their annual and major giving program, stewarded their major giving society, centralized fundraising
operations across 175 programs, directed all donor communication and led a team of over 20
programmatic fundraisers across the state. She also supported several major campaigns that
expanded much-needed community services.
Since joining The Alford Group, Jennifer has shared her passion for development assessments and
capacity building projects rooted in data analytics and a deep understanding of fundraising best
practices. She is also committed to the fundraising profession where she serves as a committee
member for both the Association of Fundraising Professionals Global and the Washington Planned
Giving Council. When Jennifer isn't analyzing data, you can find her hiking the Cascades with her
dog, Enzo, or volunteering as a tutor for her local library.
Joined The Alford Group: 2019
Clients Served: Orion Industries, Food Lifeline, Rare, Vital Ground Foundation,
Sanctuary Centers, Walla Walla University, Hamlin Robinson School,
Gig Harbor FISH, George Pocock Rowing Foundation, North Valley
Christian Academy
Education & Certifications: MBA, Seattle University, Seattle
BA Political Science, University of Washington, Seattle
Certified Fund Raising Executive (CFRE) since 2019
200 West Mercer St. I Suite E-304 I Seattle I Washington 198119
206 548 0451 1206.548.0150 fax
jshina_alford.com I www.alford.com
AGENDA ITEM #6. h)
Even if we don't hay- e power to
choose where we come from, we
can still choose where we go from
there." - Stephen Chbosky t ..
ry
iow
Mariah i~ fight, MB A
Senior Client vice Ass.
Mariah joined The Alford Group in 2018 as a Senior Client Service Associate of the West Division.
She has thrived in mission-driven organizations with diverse stakeholders and innovative
approaches to problem solving. Mariah gained experience in development and donor services at
The Pittsburgh Foundation while supporting philanthropic initiatives and propelling innovative tactics
for maximizing donor cultivation and fund development. Most recently, as a consultant for an
international NGO, she designed a microfinance program in northern Uganda, secured three years
of funding, developed a business training curriculum for the program beneficiaries and held the first
training session with over 60 participants.
To meet the needs of her teams and clients, she has pursued advanced education and specialized
training in project management, stakeholder analysis, data visualization, writing and editing, strategic
planning, and donor-centric fundraising. She enjoys improving processes, maintaining data integrity,
and empowering teams to manage results and accomplish their social impact goals.
These passions are further exemplified by her involvement in a variety of non-profit organizations as
board member, volunteer and donor. Currently, she serves on the board of directors for an
organization that provides grants for microfinance, public health, and education projects in
developing countries. Additionally, she volunteers for a Seattle organization that enables horses to
transform the bodies, minds and spirts of people with disabilities.
When she's not volunteering her time, Mariah enjoys traveling, spending time with her family and
kitties, hiking, skiing and doing yoga. She has traveled to over 20 countries on five continents and
strives to bring her cross-cultural communication and cultural sensitivity skills to every project she
works on and relationship she builds.
Joined The Alford Group: 2018
Clients served include:Edmonds Community College Foundation, Parker Adventist Hospital
Foundation, Oregon Ballet Theatre, Pioneer Human Services, Seattle
Shakespeare Company
Education & Credentials: MBA, Finance & Strategy, University of Pittsburgh, PA
MID, NGOs & Civil Society, University of Pittsburgh, PA
BS, Journalism, Boston University, MA
C
AV
THE ALFORD GROUP
200 West Mercer I Suite E-304 I Seattle I Washington 198119
206.548.0451 1206.548.0150 fax
mfosnightna.alford.com I www.alford.com
AGENDA ITEM #6. h)
About The Alford Group
As a national full-service consulting firm serving not-for-profits since 1979, The Alford Group has
empowered more than 3,000 mission-based organizations to grow, improve, fulfill their missions
and change the world. Our mission is to strengthen the not-for-profit community. We offer
customized solutions in fundraising, organizational strategy, assessment, governance and
professional development, all based on sound principles, guidance, tools and structures that
help organizations realize their dreams for the future.
Our approach centers on partnership and we involve and guide you in every step of the
process. First, we tailor our consulting teams and services specifically to meet your needs.
Second, our core values—creativity, diversity, excellence, integrity, joyfulness, leadership, and
respect—infuse each project and activity on which we work. Third, we work with you throughout
the service to ensure your organization is left stronger, with higher capacity and a greater sense
of ease in your work as a result of our time with you.
We have offices in Chicago, New York and Seattle, and our consulting staff represents decades
of experience in volunteer, staff and consulting roles with not-for-profit organizations. Our
methodology, in theory and practice, is designed to advance the mission and vision of our
clients. As a result, we distinguish ourselves by:
Empowering staff
and volunteers... ...with the knowledge and resources to take that essential step
beyond planning to implementation of projects;
Offering tailored,
responsive by senior professionals who understand the local and regional
philanthropic landscape and are supported by the resources of aservices... • national firm:
Employing each with a passion for exploration, assessment, and creativity,
accomplished who have first-hand experience in the field and bring to consulting a
diverse body of knowledge and understanding of the industry, its
consulting staff... scope and challenges; and
Advancing best ...The Alford Group has been a consistent leader in the field of
practices in the philanthropy for 34 years. Members of our team often contribute to
industry.... articles, research, and courses in addition to speaking
y . engagements and conference presentations or panel discussions.
The Alford Group& Family First Community Center Page 16 U
Proposed Contract for Mid-Campaign Assessment&Planning and Campaign Counsel February 28, 2020 0
AGENDA ITEM #6. h)
Services
The Alford Group has extensive experience working with all segments of the not-for-profit
community to enhance leadership, establish best practices in the field, and develop institutional
capacity to meet strategic goals and objectives. Our service areas include:
Organizational Strategy
Strategic Planning
Strategic Visioning
Strategic Implementation Counsel
Mergers and Strategic Alliance Counsel
Program Development
Benchmarking
Fundraising
Feasibility/Campaign Planning Studies
Campaign Planning and Management
Development Planning
Major Gifts Counsel
Planned Giving Counsel
Other Philanthropic Program Planning & Management
Key Messaging and Case Development
Assessment
Development Assessment
Governance Analysis
Organizational Assessment
Philanthropic Market Assessment
Staffing and Infrastructure Assessment
Surveys
Benchmarking
Governance
Board Development
Bylaw Review
CEO and Staff Evaluation
Governance Analysis
Professional Development and Training
Board and Staff Training
Executive Leadership Coaching and Counsel
Corporate Impact
Corporate Giving Analysis
Corporate Philanthropy Program Design
The Alford Group& Family First Community Center Page 17 , Ug.,Proposed Contract for Mid-Campaign Assessment& Planning and Campaign Counsel February 28, 2020
7A
AGENDA ITEM #6. h)
Appendix A: Areas of Analysis
The assessment will focus on the following six key areas important to philanthropic success,
plus an examination of crucial issues that could impact the campaign:
Potential donors must view Family First Prospective donors must believe that the
positively.They must perceive that the priority campaign objectives will further
services Family First provides are needed Family First's mission and enhance the
and of value to the community. Further, institution's programs and services.
they must believe that Family First Additionally, they must find the case
operates efficiently and prudently.The prospectus outlining the priorities clear
study will assess the overall image and and compelling.We will assess the appeal
reputation among past,current,and of the priority projects with current and
potential constituents. potential donors and stakeholders.
Image Appeal
Family First must be able to identify and Family First must also be able to identify
recruit a sufficient number of interested and and secure financial support from logical
influential community leaders to serve in constituencies as well as donors prepared
various campaign leadership roles.These to give lead and major gifts to the
volunteers must be willing to commit their campaign.The study will assess Family
time and financial resources to the campaign, First's ability to identify and secureandbecapableofinspiringotherstosupport
potential philanthropic support amongthecampaigneffort.The study will assess the current and new constituents.
effectiveness of current leadership structures
Volunteer Gift Potential/
Leadership Financial Capacity
To the degree possible, Family First should •Family First must have adequate financial
time the campaign not to conflict with resources, staffing and administrative
other major campaign efforts involving the systems in place to mount and manage a
same volunteer leadership or donor major campaign.The study will assess
constituencies and to occur in a favorable Family First's internal capacity to
philanthropic climate.The study will assess successfully manage the proposed
the philanthropic and economic climate in campaign, including staffing, systems,
the local community and the surrounding policies, data management, and other
re.ion and determine its im.act on the infrastructure, all while maintainin. the
Climate and
Timing
Internal Readiness
The Alford Group&Family First Community Center Page 18 a\'/to
Proposed Contract for Mid-Campaign Assessment&Planning and Campaign Counsel February 28,2020 'a: Q
AGENDA ITEM #6. h)
Appendix B: Selected Clients
ACT Theatre—A Contemporary Theatre— Horizon House— Seattle, WA (Campaign
Seattle, Washington (Ongoing Resource Counsel)
Development Counsel)
Hugo House— Seattle, WA (Campaign
After School Matters — Chicago, IL Counsel)
Fundraising Analysis and Partnership
Strategy) Kin On Health Care Center— Seattle, WA
Feasibility Study and Campaign Counsel)
Agros International — Seattle, WA
Leadership Development/Training) Kohala Institute— Kapaau, HI (Campaign
Counsel)
Annie Wright Schools— Tacoma, WA
Campaign Counsel) Kohl Children's Museum — Glenview, IL
Development Assessment)
Blood Bank of Alaska —Anchorage, AK
Campaign Counsel) LifeWire— Bellevue, WA (Feasibility Study
and Campaign Counsel)
CALM — Child Abuse Listening Mediation
Santa Barbara, CA (Campaign Counsel, Lummi Island Heritage Trust—Lummi
Alford Analytics) Island, WA (Resource Development)
Captain Joseph House Foundation — Port McGaw YMCA— Evanston, IL (Feasibility
it Angeles, WA (Major Gifts Counsel) Study, Campaign Counsel)
Evergreen Treatment Services — Seattle, Metro Parks Tacoma— Tacoma, WA
WA (Organizational Counsel, Strategic Development Assessment)
Planning)
Our Lady of Fatima Parish School —
The Field Museum — Chicago, IL Seattle, WA (Resource Development)
Corporate Partnership Strategy)
Outdoors for All Foundation — Seattle,
Greater Tacoma Community Foundation WA (Feasibility Study)
Tacoma, WA (Data Analytics)
Panorama —Lacey, WA (Feasibility Study)
Group Health Foundation — Seattle, WA
Resource Development) PAWS — Lynnwood, WA (Campaign
Counsel, Prospect Research)
Habitat for Humanity International —
Atlanta, GA (Feasibility Study) Peace Community Center— Tacoma, WA
Feasibility Study)
Hamlin Robinson School — Seattle, WA
Feasibility Study and Campaign Counsel) Peace for the Streets by Kids from the
Streets— Seattle, WA (Strategic Planning)
Harbor Soccer Club— Gig Harbor, WA
Feasibility Study) Pediatric Interim Care Center—Kent, WA
Campaign Counsel)
The Alford Group& Family First Community Center Page 19 4ProposedContractforMid-Campaign Assessment& Planning and Campaign Counsel February 28, 2020 ( ,+,
AGENDA ITEM #6. h)
Pierce College Foundation — Puyallup, Youth Symphony Orchestra— Seattle, WA
WA (Resource Development) Resource Development)
Pioneer Human Services — Seattle, WA Self-Storage Association Foundation —
Feasibility Study) Alexandria, VA (Development Assessment
and Campaign Counsel)
Poulsbo North Kitsap Rotary —Poulsbo,
WA (Campaign Counsel) Shoreline Community College—
Shoreline, WA (Strategic Planning)
Providence St. Mary Hospital Foundation
Walla Walla, WA (Campaign Counsel)Skagit Valley College— Mt. Vernon, WA
Campaign Counsel)
Rocky Mountain Adventist Healthcare
Foundation — Greenwood Village, CO Tacoma Art Museum — Tacoma, WA
Feasibility Studies) Resource Development)
Ryther— Seattle, WA (Campaign Counsel) Tacoma Community House— Tacoma,
WA (Campaign Counsel)
St. Luke School — Shoreline, WA
Campaign Counsel) University Child Development School —
Seattle, WA (Campaign)
St. Mary Catholic School —Aberdeen, WA
Feasibility Study, Campaign) Valley of the Sun United Way—Phoenix,
AZ(Development Assessment)
St. Patrick School — Tacoma, WA
Feasibility Study) Walla Walla University — College Place,
WA (Campaign Counsel)
Sanctuary Centers of Santa Barbara—
Santa Barbara, CA (Campaign) Washington Hospitality Association —
Seattle, WA (Organizational Counsel)
Santa Barbara Museum of Art— Santa
Barbara, CA (Training) Wenatchee Valley College— Wenatchee,
WA (Training)
Seattle Goodwill — Seattle, WA (Training)
Whatcom Community College
Seattle Girls' School — Seattle, WA Foundation —Bellingham, WA (Feasibility
Feasibility Study) Study)
Seattle Nativity School — Seattle, WA Willamette View Retirement Community
Leadership Development) Portland, OR (Feasibility Study)
Seattle Public Library— Seattle, WA YMCA Valley of the Sun —Pheonix, AZ
Campaign Counsel) Organizational Counsel)
Seattle Shakespeare Company — Seattle, YWCA of the USA — Washington, DC
WA (Feasibility Study) Strategic Planning Facilitation)
Seattle Urban Academy/CRISTA —
Seattle, WA (Feasibility Study)Seattle
The Alford Group& Family First Community Center Page 20
Proposed Contract for Mid-Campaign Assessment& Planning and Campaign Counsel February 28, 2020 `'a'
AW
AGENDA ITEM #6. h)
AB - 2835
City Council Regular Meeting - 05 Apr 2021
SUBJECT/TITLE: Release of Retainage: CAG-20-379 - Coulon Playground Replacement
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Community Services Department
STAFF CONTACT: Erica Schmitz, Parks Planning Manager
EXT.: 6614
FISCAL IMPACT SUMMARY:
Retainage release payment for CAG-20-379 in the amount of $26,811.48.
SUMMARY OF ACTION:
The Community Services Department submits CAG-20-379, Coulon Playground Replacement, for release of
retainage. Work started on September 24, 2020 and was completed on December 31, 2020. The contractor,
Landscape Structures, Inc, met the terms of the contra ct by supplying playground and exercise equipment,
demolishing previously existing equipment, evaluating and addressing drainage, installing play equipment,
fitness equipment and safety surfacing, and providing clean up, site restoration and debris removal.
EXHIBITS:
A. Notice of Completion - CAG-20-379
STAFF RECOMMENDATION:
Approve the project and release of retainage for CAG-20-379, in the amount of $26,811.48, upon receipt of all
required lien releases from the State.
AGENDA ITEM #6. i)
F215-038-000 Notice of Completion of Public Works Contract 05-2020
Notice of Completion of
Public Works Contract
Department Use Only
Assigned to Date Assigned
Date Form Version Revision Reason
Awarding Agency Information
Company Name UBI Number
Address City State Zip Code
Contact Name Phone Number Email Address
Prime Contractor Information
Company Name UBI Number
Address City State Zip Code
Contact Name Phone Number Email Address
Project Information
Project Name Contract Number Affidavit ID Number
Jobsite Address City State Zip Code
Date Awarded Date Work Commenced Date Work Completed Date Work Accepted
Is this a Federally Funded Transportation Project? Yes No If yes, attach the Contract Bond Statement
Have Subcontractors been used? Yes No If yes, complete Addendum A
Contract/Payment Bond Waived? Yes No Retainage Bond Waived? Yes No
Detailed Description of Work Completed
DOR Tax Information
Calculated Amount Liquidated Damages
Additions (+) Amount Disbursed
Reductions (-) Amount Retained
Sub-Total Other
Sales Tax Amount Sales Tax Rate
Total Total
Both totals must to be equal - If multiple sales tax rates, attach a list
Apprentice Utilization Information
Was apprentice utilization required? Yes No Engineer’s Estimate:
Utilization %: If utilization did not meet or exceed 15%, was a Good Faith Estimate approved? Yes No
Comments
The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. No
payment shall be made from the retained funds until receipt of all release certificates and affidavits.
Complete and submit for by email to all three agencies below
Contract Release
(855) 545-8163, option # 4
ContractRelease@LNI.WA.GOV
Employment Security Department
Registration, Inquiry, Standards &
Coordination Unit
(360) 890-3499
publicworks@esd.wa.gov
AGENDA ITEM #6. i)
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 05-2020
AGENDA ITEM #6. i)
AB - 2843
City Council Regular Meeting - 05 Apr 2021
SUBJECT/TITLE: Appointment and Employment Agreement of new CAO, Ed VanValey
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Human Resources / Risk Management Department
STAFF CONTACT: Ellen Bradley-Mak, Administrator
EXT.: 7657
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
Keith (Ed) VanValey was appointed interim Chief Administrative Officer (CAO) on December 1, 2020. Pending
authorization of Council, Ed assumed the role of CAO on March 1, 2021.
Ed VanValey was born and raised in Renton; he has worked in law enforcement since 1996, when he was hired as a new
police officer with the City of Renton. Since then he has advanced steadily through the ranks, serving as sergeant,
commander, and then as Deputy Chief for five years; he was appointed Renton's Chief of Police in 2018.
A common thread in Ed's career experience with government and the Army, is how to develop important and effective
relationships and connections with the community, in order to accomplish common goals and objectives. A few
examples of Ed's recent efforts to develop and improve communication between the police department and the Renton
community, are:
- He developed strategies with the department's Community Programs team, for outreach and transparency with the
community through social media and by encouraging community engagements like “coffee with a cop.”
- He has been an active member of RAAP (Renton African America Pastoral) group and the Mayor’s Inclusion Taskforce
for the past six years.
- He facilitated the re-development of the core values statement for the police department in an effort to connect the
police department to the community.
Ed earned a bachelor's degree in Law and Justice from Central Washington University prior to his career with the Renton
Police Department. Ed also served proudly with the Army Reserves for 25 years, retiring with the rank of Major. His
career with the military included several posts with significant managerial and supervisory responsibilities, where he
developed and implemented effective communication strategies to accomplish mission goals. Highlights include:
- Ed served as an Operations Officer for the 3rd Army during Operation Iraqi Freedom at Camp Arifjan and managed the
operations of all base activities, as well as the base security force, which protected over 15,000 military and civilian
personnel.
- As a liaison with the Kuwaiti Navy on the Persian Gulf coast, Ed's main priority was to coordinate the activities of
incoming and on-site US Military personnel. This responsibility required the building of relationships and developing a
mutual understanding and trust, so that efforts were coordinated to accomplish common goals and objectives.
- Ed also served as the Commander of an Information Operations Company, where he was responsible for the training,
safety, security, and discipline of soldiers assigned. He oversaw all phases of operations and employment of the unit, to
accomplish the mission to develop communication strategy and implement operations to maximize the effects of
messaging.
AGENDA ITEM #6. j)
- Finally, in his last four years with the Army Reserves, Ed served as Provost Marshal for a Theater Aviation Command at
Joint Base Lewis McChord. The Provost Marshal Office is the chief law enforcement agency in the Organization; it is a
professionally trained, positive, community customer-focused Army law enforcement and access control organization,
that is responsive to the needs of not only the Command but the civilian community as well.
The experience that Ed has gained through a combination of his military service, along with the leadership roles he has
served within the Renton Police department, make him uniquely qualified to serve in the role of Chief Administrative
Officer for the City of Renton. He has earned the respect of the administrative team under the leadership of Mayor
Pavone, as well as cultivated effective and long-lasting relationships in the community.
We ask that Council confirm the appointment of Ed VanValey as Chief Administrative Officer, and approve the attached
employment agreement, which contains negotiated terms that are in line with industry standards, with a start date
retroactive to March 1, 2021.
EXHIBITS:
Employment Agreement
STAFF RECOMMENDATION:
Confirm the Mayor's appointment of Ed VanValey for the position of Chief Administrative Officer (CAO), in the
Executive Department, and authorize the Mayor to enter into an employment agreement with Mr. VanValey
containing the terms negotiated and recommended by staff.
AGENDA ITEM #6. j)
CITY OF RENTON CHIEF ADMINISTRATIVE
OFFICER
EMPLOYMENT AGREEMENT
2021
AGENDA ITEM #6. j)
VanValey CAO Employment Agreement
Page | 1
Employment Agreement
Introduction
This Agreement, made and entered into to be effective on the 1st day of March, 2021, by
and between the City of Renton, Washington, a municipal corporation, (hereafter
”Employer”) and Keith (Ed) VanValey, (hereafter “Employee”) an individual who has the
education, training and experience in local government management, both of whom agree
as follows:
Section 1: Term
Employee was appointed and commenced employment for Employer in the position of
Chief Administrative Officer on March 1, 2021, as an “at-will” employee, with the
understanding the terms of his employment would be as provided herein, with such terms
subject to confirmation by the City Council. Upon confirmation of his appointment by the
Council, this Agreement shall be and remain in full force and effect from March 1, 2021,
until Employee’s employment is terminated by the Employer or Employee as provided
herein.
Section 2: Duties and Authority
Employer agrees to employ Employee as its Chief Administrative Officer to perform the
functions and duties specified in Renton Municipal Code Section 3-1-2, as such section
may be amended, and to perform such duties in accordance with all applicable laws, City of
Renton policies, and the International City Manager’s Association (ICMA) Code of Ethics,
as such may be amended by the ICMA.
Section 3: Compensation
A. Base Salary: Employer agrees to pay Employee in accordance with Employer’s
applicable Index of Positions and Pay Ranges. Employee’s initial base salary will be set
at Step E of Grade m53 of the Employer’s 2021 Index of Positions and Pay Ranges,
which currently provides for a monthly salary of $16,612.
B. Annual cost of living adjustments and other changes to Employee’s base salary shall be
made in accordance with the City of Renton’s Council discretion, and shall be consistent
with the Employer’s compensation policies for other non-union management positions.
Section 4: Health, Disability and Life Insurance Benefits
A. The Employer agrees to offer Employee health insurance for the Employee and his
dependents at the same premium sharing and coverage levels offered to all other non-
union full-time management level employees.
B. The Employer agrees to provide Employee with the same life, disability, and other
insurance policies provided to, or as may be provided to, non-union management
positions.
AGENDA ITEM #6. j)
VanValey CAO Employment Agreement
Page | 2
Section 5: Paid Leave
Employee shall receive the same paid time off benefits provided to senior management
level non-union employees. Vacation accruals shall be calculated to reflect Employee’s
years of service for the City, including prior years of service in previous positions. Sick
leave shall accrue at the same accrual rates for other non-union employees, and
Employee’s existing banks of leave from previous employment with the City shall carry over
without change pursuant to applicable policies for use of such leave. Starting in 2022,
Employee shall receive a management leave bank of 56 hours per year, subject to the
same rules for use as other senior management level non-union employees. Accrued
balances of paid leave shall be paid to Employee upon separation from employment in
accordance with the same policies, procedures, and restrictions applicable to other senior
management level non-union employees cashing out paid leave.
Section 6: Automobile
The Employer shall provide access to available City owned and maintained City vehicles
for use by Employee for travel from City Hall to other City worksites or employment related
activities. Compensation for miles driven in Employee’s personal vehicles for employment
related activities shall be provided in accordance with the same policies that apply to other
non-union management employees.
Section 7: Retirement and Deferred Compensation
A. The City will contribute 11% of base wages to 401(a) retirement plan, with the same
record keeper and investment options as the City’s 457 Deferred Compensation plan.
Employee may, prior to his date of hire, notify the City that he elects to also have
employee contributions to the plan. Once established, he may not change the employee
contribution rate for the term of his employment.
B. The City will not make any employer contributions to the City’s 457 Deferred
Compensation Plan. The Employee may elect to make contributions to this plan in
accordance with Plan rules and procedures.
C. The Employer agrees to provide Employee all current and future benefits provided to
other non-union management staff as stated in the City Personnel Policy and
Procedures unless they are specifically addressed in this agreement. Such benefits are
in addition to the other benefit provisions of this agreement.
Section 8: General Business Expenses
A. Subject to sufficient budget resources, Employer agrees to budget for and to pay for:
1. Professional dues and subscriptions of the Employee necessary for
continuation and full participation in national, regional, state, and local associations,
and organizations necessary and desirable for the Employee’s continued
professional participation, growth, and advancement, and for the good of the
Employer; specifically the International City/County Management Association
AGENDA ITEM #6. j)
VanValey CAO Employment Agreement
Page | 3
(ICMA), Washington City/County Management Association (WCCMA) and the
Association of Washington Cities (AWC).
2. Travel and subsistence expenses of Employee, in compliance with city policy, for
professional and official travel, meetings, and occasions to adequately continue the
professional development of Employee and to pursue necessary official functions for
Employer, including but not limited to the ICMA Annual Conference, the ICMA West
Coast Summit, the WCCMA spring and summer conferences, the state league of
municipalities, and such other national, regional, state, and local governmental
groups and committees in which Employee serves as a member;
3. Travel and subsistence expenses of Employee, in compliance with city policy, and
with prior approval by the mayor, for short courses, institutes, and seminars that are
necessary for the Employee’s professional development and for the good of the
Employer.
B. Employer recognizes that certain expenses of a non-personal but job related nature are
incurred by Employee, and agrees to reimburse or to pay said general expenses. The
Administrative Services Administrator is authorized to disburse such moneys upon
receipt of duly executed expense or petty cash vouchers, receipts, statements or
personal affidavits.
Section 9: Termination
A. Employee shall serve at the pleasure of the Mayor as an “at-will” employee and his
employment and all benefits, rights, and duties thereof may be terminated by the Mayor
with or without cause. For purposes of Employee’s option to receive Termination Pay as
provided in Section 10 of this Agreement, the Employee’s termination or resignation may
be either “for qualifying reasons” or “for disqualifying reasons.”
B. For the purpose of this Agreement, an Employer initiated termination “for disqualifying
reasons” shall occur only upon a finding by the Mayor that Employee:
1. Willfully violated a lawful duty of Employee’s office;
2. Willfully violated local, state, or federal laws while carrying out Employee’s duties on
behalf of Employer;
3. Willfully violated Employer’s applicable employment policies;
4. Willfully violated the ICMA Code of Ethics; or
5. Engaged in misconduct or gross misconduct as defined by RCW 50.04.294, as that
section may be amended or recodified.
Such finding must be based upon substantial evidence that the Mayor in good faith
believes to be true and is not based upon an illegal or arbitrary purpose. All other
Employer initiated terminations shall be considered “for qualifying reasons” for the
purposes of Section 10 of this Agreement.
AGENDA ITEM #6. j)
VanValey CAO Employment Agreement
Page | 4
C. For the purpose of this Agreement, an Employee initiated resignation shall be
considered “for qualifying reasons” if the Employee is in compliance with all duties and
requirements of this Agreement and the factual basis for Employee’s resignation
termination/resignation is:
1. Employer reduced Employee’s base salary or other benefits to a greater relative
degree than the salaries or benefits of department administrators;
2. The Mayor ordered Employee to perform an act that, if performed, would justify an
Employer initiated “for disqualifying reasons” termination as defined above;
3. Employee’s resignation is in response to (a) unlawful harassment or
discrimination against Employee, or (b) an offer by Employer for Employee to resign
on his own accord in lieu of Employer terminating Employee for reasons other than
misconduct.
D. Any other employee initiated employment resignation shall be considered a termination
“for disqualifying reasons” for purposes of Section 10 of this Agreement.
E. If Employer wishes to terminate Employee’s employment “for disqualifying reasons” or
Employee wishes to resign “for qualifying reasons,” the party intending to initiate the
termination or resignation shall first notify the other party in writing of the factual basis
for the disqualifying or qualifying reasons and provide the other party a reasonable
opportunity to be heard and, if possible, a reasonable opportunity to cure or correct the
condition justifying the termination. Because Employee is an “at-will” employee, the
notice and reasonable opportunity to be heard and cure or correct is not a condition
precedent to termination or resignation of employment. However, a failure by Employer
to provide such notice and reasonable opportunity to be heard and cure or correct prior
to effectuating a termination shall result in the termination being “for qualifying reasons”
for the purpose of Section 10 this Agreement, and a failure by Employee to provide
such notice and reasonable opportunity to be heard and cure or correct prior to
effectuating a resignation shall result in the resignation being “for disqualifying reasons”
for the purpose of Section 10 of this Agreement .
Section 10: Termination Pay
A. If Employee’s employment terminates for qualifying reasons, Employer shall pay
Employee “Termination Pay” in addition to all other pay and benefits Employee is legally
entitled to receive for work performed prior to termination, subject to the contingencies
and exceptions provided in this Section.
B. Termination Pay shall consist of a payment equal to six months of Employee’s highest
base monthly salary within the 24 months preceding termination. This Termination Pay
shall be paid in a lump sum unless otherwise agreed to by the Employer and the
Employee. If Termination Pay is payable under the terms of this Section, Employer
shall pay for up to six months, in addition to the Termination Pay, the portion of
Employee’s COBRA costs for the City’s Health Insurance Plans that exceed what his
AGENDA ITEM #6. j)
VanValey CAO Employment Agreement
Page | 5
premium share would have paid as an active employee. He may elect to continue only
the coverage levels (including selection of dependents and plans) existing at the time of
termination. COBRA coverage shall continue as long as he pays his share of the
premiums, which the City shall reduce to the active employee rate for the first six month
following separation, and shall be the full COBRA rate for the remaining period of
COBRA eligibility.
C. Termination Pay shall not be paid to Employee if the termination was for disqualifying
reasons.
D. Employee acknowledges and agrees that he has no right to continued employment
under this Agreement and his sole remedy for payment relating to the termination of this
Agreement is limited to the terms under which Termination Pay is or is not available.
Employee further agrees that because he has no right to continued employment and the
negotiated Termination Pay is not for services performed, Termination Pay shall not be
considered wages for purposes of Chapter 49.52 RCW. If Employee files any legal
action or complaint with a regulatory agency seeking damages related to his
employment with Employer or the termination of his Employment, such action shall act
as a waiver of any right Employee may otherwise have to claim Termination Pay. Such
waiver shall not apply with respect to claims filed with the Washington State
Employment Security Department for unemployment compensation or the dispute
resolution process in Section 10.E.
E. The Mayor shall initially decide whether Employee is eligible under this Agreement to
receive Termination Pay within 14 days of the effective date of Employee’s
termination/resignation. Such decision shall be made and delivered to Employee in
writing. If Employee disputes the Mayor’s finding, Employee shall provide the Mayor
written notice of dispute that identifies the specific basis for the dispute. The written
notice of dispute must be delivered to the Mayor within 14 days of Employee’s receipt of
the Mayor’s initial finding. Within 14 days of receiving the Employee’s notice of dispute,
the parties shall arrange for a meeting or, if agreed by the parties, a mediation session
to resolve the dispute. Unless otherwise agreed, each party shall bear the costs of such
mediation or negotiation, including their attorney’s fees incurred therein.
If the dispute cannot be resolved by negotiation within 45 days of the effective date of
Employee’s termination/resignation, either party may demand binding arbitration of the
dispute with an arbitrator and rules agreed to by the parties. If the parties do not agree
to an arbitrator and rules of arbitration, the dispute shall be settled by binding arbitration
in accordance with the rules of procedures of the American Arbitration Association with
a single arbitrator. Each party shall prepay half the fees charged by the arbitrator. The
prevailing party to such arbitration shall be entitled to recover from the other party its
reasonable attorney’s fees and costs of arbitration, including any prepaid non-
refundable arbitrator fees. The place of arbitration shall be in Renton, Washington,
unless otherwise agreed. Washington state law shall apply and judgment on the award
rendered by the arbitrator may be entered in any court having jurisdiction thereof. The
scope of the arbitration shall be limited to Employee’s right to Termination Pay under
AGENDA ITEM #6. j)
VanValey CAO Employment Agreement
Page | 6
this Agreement. The Arbitrator shall not award any front pay, back pay, or other
damages to either party beyond an award of Termination Pay and reasonable fees and
costs.
F. Employer’s obligation to pay Termination Pay under this Section is contingent upon
Employee first accepting and executing an enforceable written waiver and release of all
Employee’s claims, in a form approved by the City Attorney and substantially similar the
example agreement attached hereto as “Attachment A” except as may be necessary to
revise to comply with applicable law. Such written waiver and release shall be
provided to Employee within 14 days of the Mayor’s or arbitrator’s decision that
Employee is eligible for Termination Pay. Any arbitrator decision to award Termination
Pay shall be contingent upon Employee’s execution of such waiver and release. Failure
of Employee to execute a written waiver and release of all claims in a form approved by
the City Attorney shall disqualify Employee from receiving Termination Pay.
Section 11: Resignation
In the event that the Employee voluntarily resigns his position with the Employer, the
Employee shall provide a minimum of 60 days notice unless the parties agree otherwise.
Section 12: Hours of Work
It is recognized that the Employee must devote a great deal of time outside the normal
office hours on business for the Employer, and to that end Employee shall be allowed to
establish an appropriate work schedule that is subject to the approval and changes by the
Mayor.
Section 13: Outside Activities
The employment provided for by this Agreement shall be the Employee’s sole employment.
Recognizing that certain outside consulting or teaching opportunities provide indirect
benefits to the Employer and the community, the Employee may elect to accept limited
teaching, consulting or other business opportunities with the understanding that such
arrangements shall not constitute interference with nor a conflict of interest with her
responsibilities under this Agreement.
Section 14: Indemnification
The City shall defend and indemnify Employee pursuant to the terms of Chapter 1-9 of the
Renton Municipal Code.
Section 15: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee
under any law or ordinance.
Section 16: Confidentiality
Employee agrees that his position is a managerial position and acknowledges that he will
occupy a position of confidentiality involving personnel, labor relations and legal matters.
AGENDA ITEM #6. j)
VanValey CAO Employment Agreement
Page | 7
Section 17: Notices
Notice pursuant to this Agreement shall be given by depositing in the custody of the United
States Postal Service, postage prepaid, addressed as follows:
(1) EMPLOYER: City of Renton Mayor, 1055 South Grady Way, Renton, WA 98057
(2) EMPLOYEE: Keith (Ed) VanValey, last current address or email provided by
Employee in Employer’s personnel records
Alternatively, notice required pursuant to this Agreement may be personally served in the
same manner as is applicable to civil judicial practice. Notice shall be deemed given as of
the date of personal service or as the date of deposit of such written notice in the course of
transmission in the United States Postal Service.
Section 18: General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding
between the Employer and the Employee relating to the employment of the Employee by
the Employer. Any prior discussions or representations by or between the parties are
merged into and rendered null and void by this Agreement. The parties by mutual written
agreement may amend any provision of this agreement during the life of the agreement.
Such amendments shall be incorporated and made a part of this agreement.
B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as
well as their heirs, assigns, executors, personal representatives and successors in interest.
C. Interpretation and Severability. This Agreement shall be interpreted whenever possible
so that all portions herein are consistent and compatible with applicable laws. However,
the invalidity or partial invalidity of any portion of this Agreement will not affect the validity of
any other provision. In the event that any provision of this Agreement is held to be invalid,
the remaining provisions shall be deemed to be in full force and effect as if they have been
executed by both parties subsequent to the expungement or judicial modification of the
invalid provision.
EMPLOYER EMPLOYEE
Armondo Pavone, Mayor Keith (Ed) VanValey
Attest:
AGENDA ITEM #6. j)
VanValey CAO Employment Agreement
Page | 8
Jason Seth, City Clerk
Approved as to form:
Shane Moloney, City Attorney
AGENDA ITEM #6. j)
Attachment A - Sample Separation Agreement
Page | 1
ATTACHMENT A
[SAMPLE] SEPARATION AGREEMENT
This separation agreement (“Agreement”) is entered into by and between the City of Renton (or the
“Employer”) and __________________ (“Employee”).
I. RECITALS
Employee served as the City’s Chief Administrative Officer pursuant to a February __, 2021
Employment Agreement. Pursuant to Section 9 of the Employment Agreement, Employee served at the
pleasure of the Employer’s Mayor as an “at-will” employee. Pursuant to Section 10 of the Employment
Agreement, Employee may be entitled to receive Termination Pay and COBRA Costs if the reason for his
employment’s termination is “for qualifying reasons.” Employee’s employment terminated for qualifying
reasons. Employee is entitled to receive Termination Pay, contingent upon his acceptance and execution of an
enforceable written waiver of all claims he may have related to his employment with Employer. This
Agreement serves as such waiver and the Separation Benefits described in Section II.2. herein shall fully
satisfy the Employer’s obligation to pay Employee Termination Pay and COBRA Costs pursuant to the
Employment Agreement.
II. AGREEMENT
In consideration of the foregoing recitals, the parties agree as follows:
1. Separation from Employment. Employee’s last date of employment with the Employer was
[date] (the “Separation Date”). Employee will be paid Employee’s regular wages through the Separation Date.
This Agreement shall not be valid unless it is signed by Employee on or after the Separation Date.
2. Separation Benefits.
a. Severance Pay. The Employer agrees to pay Employee a payment equal to six
months of Employee’s highest base monthly salary plus cash out of accrued/unused management
leave and personal holidays. Such severance pay shall be paid by check in a lump sum payment, and
will be subject to standard payroll withholdings. The severance payment shall not be made until after
Employee has returned the executed Agreement to the Employer and the Revocation Period specified
in Section II.7 below has expired.
b. Health Insurance. In accordance with federal law (COBRA), Employee may elect, at
Employee’s expense, continuing medical, dental and vision benefits under the Employer’s current
health insurance policies for 18 months following the Separation Date (“COBRA benefits”), provided
that Employee must make timely application and remain eligible for such benefits. These standard
COBRA benefits are available to Employee regardless of whether he signs this Agreement. Pursuant
to this Agreement, and provided Employee applies and maintains eligibility for COBRA benefits, the
Employer will enhance the standard COBRA benefits by paying the portion of the premiums for such
continuation coverage to cover Employee and any dependents that exceed what he would have paid
had he remained employed for a period of six months after the Separation Date. If Employee is still
eligible for COBRA benefits after such six-month period, he may continue coverage for the
remainder of the 18-month COBRA period at his own expense. It is the intent of the parties that
Employee’s COBRA rights begin to run on the Separation Date. The Employer shall not be obligated
to pay the premiums for any continuation coverage unless and until Employee has returned the
AGENDA ITEM #6. j)
Attachment A - Sample Separation Agreement
Page | 2
executed Agreement to the Employer and the Revocation Period specified in Section II.7 below has
expired.
The parties agree that the separation benefits described in this Section II.2 are designed to aid Employee’s
transition to alternative employment, and that the specified benefits do not constitute benefits to which
Employee would otherwise be entitled upon separation under existing employee benefit plans provided by the
Employer or under any pre-existing agreement between Employee and the Employer, other than the
Employment Agreement, for which payment of these benefits is contingent upon Employee’s binding entry
into this Agreement.
3. Final Paycheck and Accrued Leave. Employee’s final paycheck will include any leave cash-
outs due and payable under applicable Employer personnel policies and/or labor agreement.
4. No Other Compensation. Other than the compensation referenced in this Agreement,
Employee acknowledges that Employee is owed no other compensation of any kind (including wages, salary,
commissions, bonuses or the like).
5. Release of Claims.
a. Comprehensive Release. As consideration for the benefits described in this
Agreement, on behalf of Employee and Employee’s heirs, executors, representatives, agents, and
assigns, Employee fully and forever waives, releases and discharges the Employer, its affiliates,
successors, predecessors, parent, subsidiaries, past and present officers, elected officials, directors,
board members, agents, representatives and employees (collectively, the “Released Parties”) from all
claims, causes of action, liabilities, judgments, debts, obligations, expenses (including attorneys’
fees), or monetary or equitable relief of any kind, suspected or unsuspected and irrespective of any
present lack of knowledge of any possible claim or of any fact or circumstance pertaining thereto,
which Employee may have or claim to have against any of the Released Parties arising from or during
employment with the Employer or as a result of separation from employment. This release
specifically covers, but is not limited to, any claims of discrimination based on race, color, national
origin, sex, sexual orientation, marital status, military/veteran status, age, religion, physical or mental
disability, or other protected status under any federal, state, or local law, rule, or regulation; any
contract or tort claims arising under federal, state, or local law; any claims for unpaid wages or
benefits; any claims arising under federal, state or local law based on promises made or allegedly
made by the Employer to Employee; and any claims under any express or implied contract or legal
restrictions on the Employer’s right to terminate its employees. This release includes, but is not
limited to, claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with
Disabilities Act (ADA); the Age Discrimination in Employment Act (ADEA); the Family and
Medical Leave Act (FMLA); the Fair Labor Standards Act (FLSA); the Equal Pay Act; the
Rehabilitation Act; the Employee Retirement Income Security Act (ERISA) (regarding unvested
benefits); the Civil Rights Act of 1991; Section 1981 of U.S.C. Title 42; the Fair Credit Reporting Act
(FCRA); the Worker Adjustment and Retraining Notification (WARN) Act; the Uniformed Services
Employment and Reemployment Rights Act (USERRA); the Immigration Reform and Control Act
(IRCA), the Washington Industrial Welfare Act (IWA); the Washington Law Against Discrimination
(WLAD); the Washington Family Care Act; the Washington Paid Sick Leave law; the Washington
Paid Family and Medical Leave law, or other state leave laws; the Washington Minimum Wage Act;
Title 49 of the Revised Code of Washington; Washington Equal Pay and Opportunities Act (EPOA);
the Public Employees’ Collective Bargaining Act; the Washington Fair Chance Act (FCA); and all
similar governmentally-enacted laws (federal, state, local or otherwise). Subject to Section II.5(b)
below, this release is intended to be all encompassing, and to fully resolve all matters and
relations between the parties up to the date Employee signs this Agreement.
AGENDA ITEM #6. j)
Attachment A - Sample Separation Agreement
Page | 3
b. Rights Not Waived. Regardless of any other provision in this Agreement, Employee
does not waive Employee’s rights to receive ERISA-covered vested benefits (e.g., pension benefits);
does not waive Employee’s right to receive unemployment or workers compensation benefits, or any
other rights that may not lawfully be released via a private agreement; does not waive Employee’s
right to bring a suit solely to challenge the validity of this release under the ADEA; and does not
waive Employee’s right to bring a suit for a claimed violation of this Agreement or other claims that
arise after Employee signs this Agreement. Additionally, nothing in this Agreement shall be
construed to prohibit Employee from filing a charge with, reporting potential violations of law to, or
participating in any investigation or proceeding conducted by the Equal Employment Opportunity
Commission or a comparable state or local agency, or to any other federal or state agency responsible
for enforcement of the law (hereinafter a “Government Agency”). Notwithstanding the foregoing,
Employee hereby waives and releases Employee’s right to recover any form of personal relief from
such a Government Agency, including but not limited to monetary damages or reinstatement, in
connection with any such charge, complaint, investigation or other proceeding conducted by a
Government Agency, whether initiated by Employee or any other person or entity.
6. No Admission. Nothing in this Agreement shall be construed as any indication that the
Employer or any of the Released Parties has acted wrongfully towards Employee or any other person.
7. Review and Revocation. Employee acknowledges that:
a. Pursuant to applicable law, Employee has the opportunity to review a copy of this
Agreement for a period of twenty-one (21) days (the “Review Period”), but is not obligated to avail
himself of the full 21 days;
b. The Employer urged Employee at the beginning of the Review Period to consult with
an attorney concerning the terms and conditions of this Agreement, including without limitation the
release set forth in this Agreement; and
c. The terms and conditions of this Agreement have not been amended, modified, or
revoked during the Review Period. The Employer and Employee agree that Employee shall have
seven (7) calendar days (the “Revocation Period”) following the date on which Employee signs this
Agreement to revoke his acceptance of the Agreement and the release set forth in this Agreement.
The parties further agree that any changes made to this Agreement after it was initially provided to
Employee shall not restart the running of the Review Period. If Employee revokes this Agreement, it
will not become effective and Employee will not be eligible for any benefits described in this
Agreement. This Agreement shall not become effective until the Revocation Period has expired.
8. Return of Employer Property. Employee represents that Employee has returned all keys,
credit cards, equipment, records, documents, and other property that belongs to the Employer.
9. Voluntary Execution. Employee represents that Employee has read, considered, and fully
understands this Agreement and all its terms, and executes it freely and voluntarily.
10. Construction of Agreement; Governing Law. Each party has had a full and complete
opportunity to review this Agreement and has been given the opportunity to have legal counsel review it.
Accordingly, the parties agree that the common law principles of construing ambiguities against the drafter
shall have no application to this Agreement. Interpretation of this Agreement shall be under Washington law.
If any action is necessary to enforce the terms of this Agreement, the substantially prevailing party shall be
entitled to receive reasonable attorneys' fees and costs.
AGENDA ITEM #6. j)
Attachment A - Sample Separation Agreement
Page | 4
11. No Representations. Employee represents that in entering into this Agreement, Employee
does not rely and has not relied upon any representation or statement made by the Employer or any of its
employees or agents concerning this Agreement.
12. Complete Agreement. This Agreement constitutes a full and final resolution of all matters in
any way related to Employee’s employment with and separation from the Employer. This Agreement
supersedes any and all other agreements between the parties, other than an agreement specifically
incorporated by reference. The parties agree that no modification, change or amendment of this Agreement or
any of its provisions shall be valid, unless in writing and signed by the party against whom such claimed
modification, change or amendment is sought to be enforced.
13. Severability. If any provision of this Agreement, or portion thereof, shall be held invalid or
unenforceable by a court of competent jurisdiction or in any arbitration proceeding, such invalidity or
unenforceability shall attach only to such provision or portion thereof, and shall not in any way affect or
render invalid or unenforceable any other provision of this Agreement or portion thereof, and this Agreement
shall be carried out as if any such invalid or unenforceable provision or portion thereof were not contained
herein. In addition, any such invalid or unenforceable provision shall be deemed, without further action on
the part of the parties, modified, amended or limited to the extent necessary to render the same valid and
enforceable.
14. Titles. The titles of the sections of this Agreement are inserted merely for convenience and
ease of reference and shall not affect or modify the meaning of any of the terms, covenants or conditions of
the Agreement.
15. Counterparts. This Agreement may be executed in any number of counterparts, each of which
shall be an original and all of which, taken together, shall constitute a single agreement.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties have executed this Agreement as their free and voluntary act
on the dates set forth below.
EMPLOYEE
_______________________________ Date:
[NAME]
CITY OF RENTON
_______________________________ Date:
[NAME], Mayor
Attest:
_______________________________ Date:
[NAME] City Clerk
AGENDA ITEM #6. j)
Attachment A - Sample Separation Agreement
Page | 5
Approved as to Form:
_______________________________ Date:
[NAME], City Attorney
AGENDA ITEM #6. j)
AB - 2842
City Council Regular Meeting - 05 Apr 2021
SUBJECT/TITLE: Amendment No. 1 to CAG-20-395 with Gray & Osborne, Inc. for
Construction Management Services for the Duvall Avenue NE
Roadway Improvements, NE 7th Street to Sunset Blvd NE Project
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Public Works Transportation Systems Division
STAFF CONTACT: Bob Hanson, Transportation Design Manager
EXT.: 7223
FISCAL IMPACT SUMMARY:
The amount budgeted for construction services is $810,200. Amendment No. 1 to CAG -20-395 with Gray &
Osborne for the construction management services for the Duvall Avenue NE Roadway Improvements, NE 7th
Street to Sunset Blvd NE project (TIP No. 20 -15) is $684,201.08 and is within budget. The total agreement
amount with Gray & Osborne is increased from $26,446.65 for assistance during design to the new amount
$710,647.73. The cost of construction management services will be charged to project number 317.122702.
The project’s 2020 budget for this project was $6,499,523, of which $810,200 was for construction services
and $5,445,043 for construction. The unencumbered 2020 project budget will be included as part of the
upcoming 2021 carry forward budget adjustment. This amendment will leave a balance of $125,999
remaining in construction services.
SUMMARY OF ACTION:
The Duvall Avenue NE Roadway Improvements, NE 7th Street to Sunset Blvd. NE project will install curb,
gutter, sidewalk, and pedestrian ramps to current ADA standards, and connect to the existing sidewalk at NE
12th Street. Streetlights will also be installed on the east side of Duvall Avenue NE from NE 7th Street to NE
12th Street. The Department of Ecology grant will fund design and construction of water quality
improvements on the east side of Duvall Avenue NE from NE 10th Street to NE 12th Street. Th e
Transportation Improvement Board’s (TIB) fuel tax grant will fund construction of new sidewalks from NE
9th Street to NE 10th Street. As a result of a proposed Renton School District project, new sidewalk
improvements on the west side of Duvall Avenue N E between NE 10th Street and NE 12th Street will be
eliminated and new sidewalk improvements will be installed on the east side of Duvall Avenue NE between
NE 7th Street and NE 9th Street. This change to the project has been authorized by the TIB and will not
impact the use of grant funds.
Gray & Osborne was selected from the Municipal Research and Services Center (MRSC) roster pursuant to
city Policy 250-02 Purchasing, Bidding and Contracting Requirements. The scope of work included bid
documents review, construction management, inspection, documentation, and material testing services. A
request for qualifications was sent out to selected consultant firms with expertise in civil engineering and
construction management as listed in the MRSC roster. Among the three selected firms that submitted the
project specific statement of qualifications (SOQs), Gray & Osborne had the top ranking qualification and
during the interview process demonstrated they were the most qualified for this project.
AGENDA ITEM #6. k)
Amendment No. 1 retains the services of Gray & Osborne for construction management and material
testing during construction of the project. The services provided by the consultant are based on estimate of
construction activity for 260 working days. The consultant wi ll be providing a project engineer, resident
engineer, document control specialist, and construction observer. Payment for services will be based on
actual hours worked and expenses incurred. The breakdown of this amendment is $645,976 for
construction management, inspection, and documentation services and $38,225 for materials testing
services.
EXHIBITS:
A. Amendment No. 1 to CAG-20-395
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Amendment No. 1 to CAG-20-395 with Gray & Osborne to
provide construction management services totaling $684,201.08 for the Duvall Avenue NE Roadway
Improvements, NE 7th Street to Sunset Blvd NE project (TIP 20-15). The new maximum amount payable for
this agreement is increased to $710,647.73.
AGENDA ITEM #6. k)
AMENDMENT NO. 1 TO AGREEMENT FOR CAG-20-395
THIS AMENDMENT, dated ________________________, is by and between the City of Renton
(the “City”), a Washington municipal corporation, and Gray & Osborne, Inc. (“Consultant”), a
Washington corporation. The City and the Consultant are referred to collectively in this
Amendment as the “Parties.” Once fully executed by the Parties, this Amendment is effective as
of the last date signed by both parties.
Whereas, the City engaged the services of the Consultant under Agreement CAG-20-395, dated
November 9, 2020, to provide necessary services for the Duvall Avenue NE Project (referred to
herein as the “Agreement”);
Whereas, the Parties wish to amend the Agreement to change the scope of work and change the
compensation in order to provide construction management, inspection, and material testing
services during construction phase.
NOW THEREFORE, It is mutually agreed upon that CAG-20-395 is amended as follows:
1. Scope of Work: Section 1, Scope of Work, is amended to add work as specified in Exhibit
A-1, which is attached and incorporated herein.
2. Compensation: Section 4, Compensation, is amended so that the maximum amount of
compensation payable to Consultant is increased by $684,201.08 from $26,446.65 to
$710,647.73, including any applicable state and local sales taxes. The additional
compensation shall be paid based upon Work actually performed according to the rate(s)
or amounts specified in Exhibit B-1 of the Agreement ,which is attached and incorporated
herein.
3. All terms of the Agreement not explicitly modified herein shall remain in full force and
effect and such terms shall apply to Work performed according to this Amendment as if
fully set forth herein.
AGENDA ITEM #6. k)
AGENDA ITEM #6. k)
EXHIBIT A-1
Construction Management Scope of Work Page 1
EXHIBIT A-1
SCOPE OF WORK
CITY OF RENTON
DUVALL AVENUE NE
CAG 20-395
The following is the City of Renton standard Construction Management Scope of Work,
modified for this project. This Amendment No. 1 includes tasks “3g” through “3ggg” as
specifically detailed below. The expiration date of this agreement is December 31, 2025, no
change from the original agreement. This amendment assumes that there are 260 working days
in the construction contract and time to complete/close-out the project.
Construction Management Scope of Work
1. GENERAL
a. Construction Management. The Consultant shall manage the Project
Construction as set forth in the Duvall Avenue NE Project Contract Construction
Documents, WSDOT LAG Manual, 2021 WSDOT Standard Specifications, and the
WSDOT Construction Manual except as may be modified below.
b. Consultant’s Responsibilities.
i. The Consultant staff consists of:
1. Construction Manager
2. Resident Engineer
3. Construction Observer, if employed by the Consultant
4. Documentation Specialist
5. Public Outreach Sub-Consultant
6. Material Testing Laboratory, if employed by the Consultant
ii. The Consultant’s responsibilities are the tasks assigned to Consultant
staff as described within the task descriptions below.
iii. The Consultant tasks, as assigned below, may be reassigned by the
Consultant. The Consultant must notify the Project Manager of such
reassignment. The Construction Manager shall remain responsible for
completeness, accuracy, and timeliness of the Consultant’s work.
c. City’s Responsibilities
i. The City staff consists of:
AGENDA ITEM #6. k)
EXHIBIT A-1
Construction Management Scope of Work Page 2
1. Project Manager
2. Engineer
3. Construction Observer, if employed by the City
4. Material Testing Laboratories, if employed by the City
5. Public Outreach
ii. The City’s responsibilities are the tasks assigned to City staff as described
within the task descriptions below.
d. Others Responsibilities
i. Engineer of Record, Permit and Environmental Compliance Manager, and
City Public Works Department shall be independently responsible for
tasks assigned as described within the task descriptions below.
e. Directing the Contractor
i. The Contractor is responsible to get its direction from the contract
documents.
ii. Clarification will be made in writing in RFI’s.
iii. Representatives of the Consultant are not authorized to accept Work, to accept
materials, to issue instructions, or to give advice that is contrary to the Contract.
Work done or material furnished which does not meet the Contract
requirements shall be at the Contractor’s risk and shall not be a basis for a claim
even if the representatives purport to change the Contract (Std. Spec. 1-05.2).
In the event City or Consultant staff finds it necessary to give direction to
the Contractor, the entity giving direction may be found responsible for
the work so directed. A written record of the directive must be made.
f. Duty of the Consultant. The presence of the Project Manager and/or the
Engineer during construction or discussions with the Contractor does not change
the duties and responsibilities of the Consultant, City, or Contractor.
g. Deliverables The required deliverables, if any, are described in each of the tasks
below.
2. RESPONSIBILITIES
a. Construction Manager
i. Staff management
ii. Progress review
iii. Billing
iv. Preconstruction meeting (3.v.)
v. Construction Observer and Documentation Specialist oversight (3.z.)
vi. Weekly construction meetings (3.cc.)
vii. Serial letters (3.vv.)
viii. Protests (3.bbb.)
AGENDA ITEM #6. k)
EXHIBIT A-1
Construction Management Scope of Work Page 3
b. Resident Engineer
i. ROM (3.g.)
ii. Non-materials submittal list (3.h.)
iii. Bid analysis (3.i.)
iv. Pre-award meeting (3.k.)
v. Record keeping (3.o.)
vi. Materials (3.q.)
vii. Buy America (3.r.)
viii. Subcontractors (3.s.)
ix. UDBE subcontractors (3.t.)
x. Progress schedule (3.u.)
xi. Preconstruction meeting (3.v.)
xii. Labor (3.w.)
xiii. Project labor list (3.x.)
xiv. Contractor’s equipment rate list (3.y.)
xv. Construction Observer and Documentation Specialist oversight (3.z.)
xvi. Weekly construction meetings (3.cc.)
xvii. Safety (3.dd.)
xviii. Weekly statements of working days (3.ff.)
xix. Contractor’s weekly look-ahead schedule (3.gg.)
xx. Conformity with and deviations from plans and stakes.(3.hh.)
xxi. Permanent monuments (3.jj.)
xxii. Correction notices (3.kk.)
xxiii. Work suspension. (3.mm.)
xxiv. IDR’s (3.qq.)
xxv. Pay notes (3.rr.)
xxvi. RFI’s (3.tt.)
xxvii. Training (3.uu.)
xxviii. Serial letters (3.vv.)
xxix. Progress payment forms (3.ww.)
xxx. Force Account (3.xx.)
xxxi. Progress payments (3.yy.)
xxxii. Field directives (3.aaa.)
xxxiii. Change orders (3.bbb.)
xxxiv. Protests (3.ccc.)
xxxv. Notices (3.ddd.)
xxxvi. Change tracking (4.f.)
xxxvii. Progress Schedule (4.h.)
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xxxviii. Posting Notices (4.i.)
xxxix. CM construction office (5.h.) and (5.i.)
c. Construction Observer (Inspector)
i. Pre-award meeting (3.k.)
ii. Non-materials submittal schedule (3.p.)
iii. Materials (3.q.)
iv. Subcontractors (3.s.)
v. Preconstruction meeting (3.v.)
vi. Labor (3.w.)
vii. Construction Observer and Documentation Specialist oversight (3.z.)
viii. Weekly construction meetings (3.cc.)
ix. Safety (3.dd.)
x. Contractor’s weekly look-ahead schedule (3.gg.)
xi. Conformity with and deviations from plans and stakes (3.hh.)
xii. Testing (3.ii.)
xiii. Permanent monuments (3.jj.)
xiv. Correction notices (3.kk.)
xv. Environmental (3.ll.)
xvi. Work suspension. (3.mm.)
xvii. Photographs (3.nn.)
xviii. Diary (3.oo.)
xix. Field notebooks (3.pp.)
xx. IDR’s (3.qq.)
xxi. Pay notes (3.rr.)
xxii. As-built plans (3.ss.)
xxiii. Force Account (3.xx.)
xxiv. Progress payments (3.yy.)
xxv. Field directives (3.aaa.)
xxvi. City Public Works Department Notification (3.eee.)
xxvii. CM construction office (5.f.)
d. Documentation Specialist
i. ROM (3.g.)
ii. Record keeping (3.o.)
iii. Non-materials submittal schedule (3.p.)
iv. Materials (3.q.)
v. Buy America (3.r.)
vi. Subcontractors (3.s.)
vii. UDBE subcontractors (3.t.)
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viii. Preconstruction meeting (3.v.)
ix. Labor (3.w.)
x. Construction Observer and Documentation Specialist oversight (3.z.)
xi. Weekly construction meetings (3.cc.)
xii. Meeting minutes (3.ee.)
xiii. IDR’s (3.qq.)
xiv. Pay notes (3.rr.)
xv. RFI’s (3.tt.)
xvi. Training (3.uu.)
xvii. Serial letters (3.vv.)
xviii. Progress payment forms (3.ww.)
xix. Force Account (3.xx.)
xx. Progress payments (3.yy.)
xxi. Change orders (3.bbb.)
xxii. Protests (3.ccc.)
e. Public Outreach Sub-consultant
i. Public outreach (3.fff.)
f. Testing Laboratory
i. ROM (3.f.)
ii. Materials testing and approval
iii. On-site compaction testing
iv. On-site concrete testing
g. Project Manager
i. Advertisement (3.a.)
ii. Contract addenda (3.b.)
iii. Bidder questions (3.c.)
iv. Bid deadline and opening (3.c. and d.)
v. Conformed construction documents (3.f.)
vi. ROM (3.g.)
vii. Bid analysis (3.i.)
viii. Determination of bidder responsibility and bid responsiveness (3.j.)
ix. Pre-award meeting (3.k.)
x. Preparation of contract documents for execution (3.l.)
xi. Award (3.m.)
xii. Execution (3.n.)
xiii. Record keeping (3.o.)
xiv. Materials (3.q.)
xv. Subcontractors (3.s.)
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xvi. Preconstruction meeting (3.v.)
xvii. Notice to proceed (3.z.)
xviii. Work suspension. (3.mm.)
xix. IDR’s (3.qq.)
xx. Serial letters (3.vv.)
xxi. Progress payment forms (3.ww.)
xxii. Progress payments (3.xx.)
xxiii. Change orders (3.aaa.)
xxiv. Notices (3.ccc.)
h. Engineer
i. The Authority vested in the “Engineer” by the Standard Specifications
shall be vested in the City Transportation Design Manager who performs
the duties of the Certification Authority.
ii. Directing the Contractor (1.e.)
iii. Contract addenda (3.b.)
iv. Bidder questions (3.c.)
v. Conformed construction documents (3.f.ii)
vi. Pre-award meeting (3.k.)
vii. Materials (3.q.)
viii. Preconstruction meeting (3.v.)
ix. Work suspension. (3.mm.)
x. Change orders (3.aaa.)
xi. Protests (3.bbb.)
i. Engineer of Record
i. Contract addenda (3.b.)
ii. Bidder questions (3.c.)
iii. Conformed construction documents (3.f.)
iv. ROM (3.g)
v. Non-materials submittal list (3.h.)
vi. Bid analysis (3.i.)
vii. Pre-award meeting (3.k.)
viii. Record keeping (3.o.)
ix. Materials (3.q.)
x. Preconstruction meeting (3.v.)
xi. Weekly construction meetings (3.cc.)
xii. Conformity with and deviations from plans and stakes (3.hh.)
xiii. Permanent monuments (3.jj.)
xiv. RFI’s (3.tt.)
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xv. Change orders (3.bbb.)
j. Permit and Environmental Compliance Manager
i. Review and approval of Contractor’s SPCC plan
ii. Environmental (3.ll.)
k. City Public Works Department
i. Water Manager (3.ddd.)
ii. Sewer and Surface Water Manager (3.ddd.)
iii. Streets Manager (3.ddd.)
3. TASKS
a. Advertisement
i. Prepared by Project Manager
ii. Placed in newspaper by City Clerk
iii. Two separate ads, posted for the duration of 21 calendar days (LAG
46.2.24)
iv. Electronic copies of the plans and specifications shall be placed by the
Project Manager and shall be available, on line, at Builder’s Exchange
from the first date of advertisement, continuously, until physical
completion.
b. Contract Addenda
i. Contract addenda will be prepared by the Engineer of Record, reviewed
by Project Manager, and signed by Engineer (LAG 46.2.24).
c. Bidder Questions
i. Questions must be in writing, email preferable.
ii. Answers will be prepared by the Engineer of Record, reviewed by the
Project Manager, and signed by the Engineer.
iii. All answers shall be made in writing and posted on the bidding website
(Std. Spec. 1-02.4(1), last paragraph).
iv. Answers that change the contract will generate contract addenda
d. Bid deadline
i. The bid delivery will be to the City Clerk and the deadline will be as
advertised.
e. Bid Opening
i. The bid opening by the City Clerk will be at least 48 hours following the
bid deadline
f. Conformed Contract Documents
i. Following the bid opening, the Engineer of Record will cause the contract
documents to incorporate all the changes made during the bidding
process.
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ii. The Engineer will sign the contract documents for construction approval.
g. ROM (Constr. Man.9-1.2C)
i. The Record of Materials shall be prepared the Resident Engineer and
reviewed by the Engineer of Record and Project Manager and maintained
by the Resident Engineer or Documentation Specialist
ii. The ROM shall be prepared following bid opening and prior to Award
iii. Made available at the Pre-award Meeting
iv. See (3.q)
h. Non-materials Submittal List (Constr. Man. 1-05 Other submittals page 1-51)
i. The Engineer of Record and Resident Engineer shall independently
prepare a list of all contract-required non-materials submittals. (See
Figure 1-1, Constr. Man. 1-05 page 1-55)
ii. Following bid opening and prior to award
iii. Made available at the pre-award meeting
iv. See (3.p)
i. Bid Analysis
i. The Project Manager shall tabulate all the bids by bid item and evaluate
the apparent low bid for balance and other irregularities (Std. Spec. 1-
02.13.2.). The Engineer of Record and Resident Engineer shall review for
concurrence.
j. Determination of Bid Responsiveness and Bidder Responsibility
i. The Project Manager shall determine bid responsiveness and bidder
responsibility. A bid may be considered irregular and not responsive for
any of the conditions listed in Std. Spec. 1-02.13. Further instruction that
shall be followed is contained in LAG 46.2.26.
ii. A bidder may be deemed not responsible and the proposal rejected for
any of the conditions listed in Std. Spec. 1-02.14. Further instruction that
shall be followed is contained in LAG 46.2.22, 27, and 28.
iii. The Project Manager shall submit the low bid information to WSDOT
Local Programs for review and approval.
iv. Before award of a contract, a bidder shall submit to the contracting
agency a signed statement in accordance with chapter 5.50 RCW
verifying under penalty of perjury that the bidder is in compliance with
the responsible bidder criteria requirement of subsection (2)(f) of RCW
39.26.160. A contracting agency may award a contract in reasonable
reliance upon such a sworn statement (RCW 39.26.160 (4)).
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k. Pre-award Meeting (Std. Spec. 1-02.15)
i. The Project Manager shall schedule and preside over a pre-award
meeting.
ii. Required participants
1. Engineer
2. Project Manager
3. Engineer of Record
4. Resident Engineer
5. Construction Observer/s
6. Contractor’s Project Manager
7. Contractor’s Site Foreman/Superintendent
iii. Agenda shall include at least the following:
1. Time of contract compliance letter and response
2. A pre-award progress schedule (3.o.ii).
3. Executed documents deadline
4. Construction phasing
5. Lump sum breakdowns
6. A complete statement of the origin, composition, and
manufacture of any or all materials to be used;
7. ROM
8. Non-materials submittal List
9. Special citizen outreach requirements
10. Date for pre-construction meeting/s
11. Date for notice to proceed
12. Construction offices
13. Lay-down locations
l. Preparation of contract documents for execution
i. The Project Manager shall prepare the contract documents for execution
by the Contractor.
m. Award
i. The Project Manager shall prepare the contract for award and submit the
material to the City Clerk who will submit the contract to the City Council
for award.
n. Execution (Std. Spec. 1-03.3, RCW 35A.40.200, RCW 35.23.352(1))
i. The Project Manager will deliver the complete the contract package to
the Contractor.
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ii. The Contractor must execute and return the contract documents in full
within ten days from the date at which he or she is notified that he or she
has been awarded the contract.
iii. The Project Manager will deliver the contractor-executed contract to the
City Clerk for the Mayor’s execution.
o. Record Keeping
i. Filing system.
1. The City will provide the filing format that shall be used by the
Consultant
2. Original copies of all contract construction documents shall be
kept and filed by the Documentation Specialist and delivered to
the Project Manager in cardboard file boxes with printed external
tables of contents upon contract completion.
3. Electronic copies of all contract construction documents shall be
kept and filed by the Documentation Specialist and delivered to
the Project Manager in PDF format on a “thumb drive” upon
contract completion.
ii. Timeliness.
1. The Documentation Specialist shall update the status of
submittals and subcontractors on a daily basis and make them
available to the Construction Observer and Resident Engineer and
the Engineer of Record at 7:00 AM the morning following every
status change. All other records shall be updated on a weekly
basis and made available on line to the City, the Contractor, and
all members of the construction management team and at the
weekly construction meeting following the status change.
iii. Final records.
1. Upon contract completion, the Documentation Specialist shall
provide the Project Manager with documentation of the work
performed on the contract. Documentation consists of field
books, inspector’s record of field tests, Resident Engineer’s and
inspector’s diaries, all invoices, weigh bills, truck measurements,
quantity tickets, receiving reports, field office ledgers, mass
diagrams, cross-sections, computer listings, and work profiles.
Photographs or video tapes before, during, and after construction
could be useful, especially if care is taken to show any unusual
conditions, equipment, or procedures (LAG Man. 52.8.83.4).
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iv. The Documentation Specialist shall be responsible for filing all meeting
minutes (3.dd).
v. Contractor Records
1. The Document Specialist shall obtain proof from the Contractor that it
has met all the requirements for Records and Retention (Constr. Man.
1-07.11(10)B)
p. Non-materials Submittal Schedule
i. The Documentation Specialist shall maintain a non-materials tracking
spreadsheet, supplied by the City, of status and delivery deadlines of
non-material submittals for the purpose of notifying the contractor and
construction observer of pending requirements for up-coming
construction activity.
ii. The Resident Engineer shall review the non-materials tracking
spreadsheet at the weekly construction meetings
q. Materials
i. All materials must be approved by the Project Manager prior to use. The
Resident Engineer shall insure that the quality of materials and
workmanship on a project conform to the contract specifications (LAG
52.3)
ii. All QPL, RAM, ASA, CMO, and MCC submittals shall be delivered to the
Documentation, Resident Engineer, and the Project Manager.
iii. Each RAM submittal package shall be delivered complete. Parts of
assemblies, submitted individually will be returned to the Contractor.
RAMS that vary from the specifications must be reviewed and approved
by the Engineer of Record.
iv. The Documentation Specialist shall maintain and update a City form
material submittals tracking spreadsheet with all material submittals.
v. Materials shall also be tracked by bid item on appropriate WSDOT forms
272-024.
vi. The Resident Engineer shall be responsible for reviewing materials
submittals for conformance with the specifications and approving, or
obtaining materials approvals.
vii. The Construction Observer shall receive all Materials on site. Only
approved materials shall be accepted and all materials shall have
identification stamps or tags. Non-approved materials and/or materials
missing identification shall be rejected and either quarantined or
removed from the site. Used materials shall be removed from the site
immediately.
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viii. The Construction Observer shall keep trip tickets, invoices, weigh bills,
truck measurements, quantity tickets or other record of the quantities of
all materials delivered
ix. Materials Certification. The Documentation Specialist shall provide the
Engineer, for his signature, a completed Materials Certification form
(DOT Form 140-574) upon completion. This materials certification shall
be completed in accordance with Construction Manual Section 9-1.5 and
Section 52.3 of the LAG Manual (LAG Man. 52.8.83.6).
r. Buy America
i. The Resident Engineer shall be responsible that all ferrous materials meet
“Buy America” requirements (Special Provision 1.06).
ii. The Documentation Specialist shall obtain and file all CMO’s and/or
MCC’s from the Contractor.
s. Subcontractors
i. All subcontractors must be approved by the Project Manager before
performing any work on the project (Std. Spec. 1-08.1)
ii. The Construction Observer shall keep track of all subcontractors on the
job site and require removal of all unapproved subcontractors b y the
Contractor.
iii. All subcontractors must meet the conditions set forth in Std. Spec. 1-
08.1.
iv. The Contractor must submit a completed WSDOT form 421-012 for each
proposed subcontractor. The request must be reviewed and approved by
the Resident Engineer to ensure that the proposed subcontractor meets
the requirements of WAC 296.127.10 (Constr. Man. 1-08.1.).
v. All subcontractors must submit intents to pay prevailing wages
documents L&I form F700-029-000 and appropriate addenda before
performing any work on the project.
vi. All contracts with all subcontractors and lower tier subcontractors shall
contain the exact language contained in Form FHWA 1273 as revised
May 1, 2012
vii. All subcontractors must have a City of Renton Business License.
viii. The Contractor shall insert the notification set forth in the Standard
Specifications in all solicitations for sub-contractor and supplier bids.
(Std. Spec. 1-07.11(2)3.)
ix. Subcontractor contract retainage requirements GSP1-08.1 (June 3, 2019 )
must be met.
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x. The Documentation Specialist shall keep files of all subcontractors and
their submittals, and shall maintain and update a City form subcontractor
tracking spreadsheet with all subcontractor approval submittals.
xi. Removal. If dissatisfied with any part of the subcontracted Work, the
Engineer may request in writing that the Subcontractor be removed. (Std.
Spec. 1-08.1 last paragraph).
xii. If required, the Construction Observer shall observe and record VIN
numbers on contractor trucks.
t. Retainage UDBE Subcontractors ( See Special Provision for UDBEs 1275)
i. Retainage required by state law will be covered by the contract bond.
Upon award, the UDBE goal percentage is replaced with the individual
UDBE sub-contractor dollar amounts provided with the bid that become
Conditions of Award (COA’s)
ii. COA UDBE’s and their contract dollar amounts (Special Provision 1-07.11,
page 52) cannot be changed without meeting the conditions set forth in
LAG 26.3.6.
iii. COA UDBE’s shall be interviewed by the Resident Engineer on behalf of
the Engineer and make CUF determinations using DOT Form 272-052,
Special Provision 1-07.11, pages 50, 51.
iv. Reporting. The Contractor shall use the WSDOT implemented DMCS to
file UDBE and DBE payment. The Documentation Specialist shall monitor
DBE participation and track all Subcontractor payments and monitor
attainment of Condition of Award (COA) Commitments.
v. The Construction Observer shall verify trucks that are on-site match the trucks
listed by license plate on DOT Form 350-077. If trucks are on-site that are not
listed on the log, document in the Inspector Daily Report the license plate
number and identifying logo. Notify the Project Engineer of the unlisted
trucks.
u. Progress Schedule
i. The Progress Schedule shall be type B unless otherwise indicated in the
contract (Std. Spec. 1-08.3 (2)) and (Special Provisions).
ii. Prepared by Contractor
iii. A pre-award schedule, of sufficient detail to demonstrate completion of
the project within the time of contract, shall be submitted at the pre-
award meeting (Std. Spec. 1-02.15.3.).
iv. A preliminary schedule shall be submitted five calendar days following
Contract Execution (Std. Spec 1-08. 3(2)B).
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v. The entire project schedule, if different from the pre-award schedule,
shall be submitted within 30 calendar days following contract execution.
(Std. Spec. 1-08. 3(2)B)
vi. The progress schedule shall be reviewed and approved or returned by the
Resident Engineer 15 calendar days following submittal by the
Contractor, (Std. Spec. 1-08. 3(2)B)
vii. The Resident Engineer shall determine if the Contractor will perform at
least 30% of the work (Std. Spec. 1-08.1) and:
viii. Collectively, lower tier subcontractors shall not do work that exceeds 25
% of the total amount subcontracted (Std. Spec. 1-08.1.7.) to all
Subcontractors except for structure work.
ix. The Resident Engineer shall require updates, as may be required, for
review and approval. (Std. Spec. 1-08. 3 (3))
v. Preconstruction Meeting (LAG Man. 52.2)
i. The Pre-construction meeting shall be scheduled and managed by the
Resident Engineer.
ii. List of invitees shall include:
1. The Project Manager
2. The Project Specialist (Joey)
3. The Engineer
4. The Engineer of Record
5. The City’s Public Works representatives
6. The Resident Engineer
7. The Construction Manager
8. The Documentation Specialist
9. The Construction Observer/s
10. The Public Outreach Sub-consultant
11. The franchise utility representatives
12. The WSDOT Local Programs Engineer
13. The WSDOT inspector (for projects on state highways and/or in
WSDOT limited access ROW.
iii. The Agenda shall be prepared by the Resident Engineer and shall include
at a minimum those items listed in (LAG Appendix 52.101)
iv. First Order of Work (Std. Spec. 1-08.4)
1. When shown in the Plans, the first order of work shall be the
installation of high visibility fencing to delineate all areas for
protection or restoration.
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v. Forms
1. The Resident Engineer should provide the Contractor a
description of all required forms, giving the Contractor an initial
supply of each. Additional forms required by the Contractor over
the course of the work should be provided by the Resident
Engineer upon request by the Contractor. Remind the Contractor
that all form submittals, including those of subcontractors, lower-
tier subcontractors, and suppliers, should be routed through the
Prime Contractor for submittal (Constr. Man. P. 1-52).
w. Labor
i. Minimum wages shall meet Federal or Washington State prevailing wage
rates, whichever is higher.
ii. Intents to pay prevailing wages
1. The Prime Contractor and all subcontractors and lower tier
subcontractors must submit intents to pay prevailed wages. It is
the responsibility of the Documentation Specialist to collect and
file the intents (Std. Spec. 1-07.9 and Special Provisions). The
Resident Engineer shall not permit the Contractor, subcontractors
or lower tier subcontractors onto the job site until their Intents
have been submitted via correction notice per Section kk.
iii. Certified payrolls
1. The Documentation Specialist shall collect and file all certified
payrolls and shall not enter work into the progress payment form
for payment to the Contractor, subcontractors or lower tier
subcontractors, failing to submit the required certified payrolls
within 10 calendar days of the of the end of the preceding weekly
payroll period. (Std. Spec. 1-07.9(5)
2. The Documentation Specialist shall maintain and update a City
form certified payrolls tracking spreadsheet containing all
certified payrolls.
iv. Affidavits of wages paid
1. The Documentation Specialist shall collect and file affidavits of
wages paid from the Contractor and all subcontractors following
physical completion. The City will not accept the project nor
release the contract bond until all such affidavits have been
delivered. (Std. Spec. 1-07.9(5)
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v. Interviews (Constr. Man. 1-07.9(1))
1. The Construction Observer shall perform interviews with the
Contractor’s and subcontractor’s worker to verify payment of the
correct wage rates.(Constr. Man. p. 1-86)
x. Project Labor List (Std. Spec. 1-09.6.1.)
i. Project labor lists of the charge rates for all employees shall be submitted
by the contractor and all subcontractors for review and approval by the
Resident Engineer prior to the notice to proceed.
y. Contractor’s Equipment Rate List (Std. Spec. 1-09.4 and 1.09.6.3.)
i. Contractor-owned equipment rates shall be submitted by the contractor
for every piece of equipment potentially used on the job for review and
approval by the Resident Engineer prior to the notice to proceed.
z. Construction Observer and Documentation Specialist Oversight
i. The Resident Engineer shall manage the activities of the Construction
Observer and Documentation Specialist and provide direction and
training as necessary. If the Construction Observer or Documentation
Specialist is failing to perform assigned duties, the Resident Engineer shall
attempt to correct the performance. If the Construction Observer or
Documentation Specialist fails to make the corrections, he or she must be
replaced. In the event the Construction Observer is a City employee, The
Construction Manager shall prepare a written notice of performance
failure that must be delivered to the Project Manager.
ii. If the City employee fails to make the necessary corrections, the Project
Manager will remove the City employee and the Resident Engineer may
be required to replace the City employee with a Consultant Construction
Observer.
aa. Notice to Proceed
i. The Project Manager will issue the notice to proceed to the Contractor.
ii. Work must begin within 21 days of execution of contract (Std. Spec. 1-
08.4).
bb. Mobilization (Std. Spec.1-09.7)
i. Payment for mobilization will be made in strict compliance with the
Standard Specifications. The numerators for the 5% and 10% thresholds
calculations are the sums of the value of all bid item and force account
work completed up to the cutoff date excluding any amount fo r the bid
item, mobilization. The divisor for the 5% and 10% thresholds calculations
is the total original contract amount. The basis for the 10% delayed
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payment limit until substantial completion is the total original contract
amount.
cc. Weekly Construction Meetings
i. Held in the Consultant’s or Contractor’s construction office or outside on
the job site or via online meeting and presided over by the Resident
Engineer.
ii. Required attendees
1. Construction Manager
2. Resident Engineer
3. Documentation Specialist
4. Construction Observer
5. Public Outreach Sub-consultant
6. Project Manager
7. Engineer
8. Engineer of Record
9. Permit and Environmental Compliance Manager
10. Contractor Representatives
iii. Agenda
1. Safety
a. Contractor’s report
b. Resident Engineer’s report
c. Construction Observer’s report
2. Meeting minutes
3. Weekly statement of working days
4. Schedule progress
a. Contractor’s weekly look-ahead schedule
b. Up-coming pre-construction meeting dates
c. Critical completion dates
d. Contractor’s plan for meeting critical completion dates
5. Resident Engineer’s report
6. Construction Observer’s report
7. Environmental compliance report
8. Public outreach report.
9. Submittals
a. Changes to the ROM
b. Materials tracking spreadsheet review.
c. Non- materials tracking spreadsheet review
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d. The Documentation Specialist shall review and supply
updated copies of the materials and non-materials
tracking spreadsheets at every construction meeting.
10. Certified payrolls
a. The Documentation Specialist shall review and supply
updated copies of the Certified payrolls tracking
spreadsheets at every construction meeting.
11. RFI’s
a. Status
b. The Documentation Specialist shall review and supply
updated copies of the RFI tracking spreadsheets and at
every construction meeting.
12. Serial Letters
a. Status
b. The Documentation Specialist shall review and supply
updated copies of the serial letter tracking spreadsheet at
every construction meeting.
13. Change Orders
a. Status
b. The Documentation Specialist shall review and supply
updated copies of the Change Order tracking spreadsheet
at every construction meeting.
14. Training
a. Contractor’s status
15. Subcontractor status
a. UDBE Status
b. Written approvals
c. Intents to pay prevailing wages
d. Business licenses
e. The Documentation Specialist shall review and supply
updated copies of the subcontractor tracking spreadsheets
at every construction meeting.
dd. Safety (Std. Spec. 1-07.1)
i. The Division of Occupational Safety and Health requires that every
foreman, supervisor, or other person in charge of a crew have a valid first
aid card. (Constr. Man. Page 1-72)
ii. The Resident Engineer shall obtain the WISHA manuals, particularly
Safety Standards for Construction Work WAC 296-155, General Safety
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and Health Standards WAC 296-24, and General Occupational Health
Standards WAC 296-62, and shall review them with the Construction
Observer/s to ensure reasonable familiarity to the extent that they can
recognize important requirements. (Constr. Man. Page 1-73)
iii. The Resident Engineer, shall complete OSHA Form 301 for each
consultant employee injured.
iv. Vehicular and pedestrian accidents within project limits shall be reported
by the Construction Observer to the City Police at 911. Construction shall
make a make a note in his IDR of what happened.
ee. Meeting minutes
i. Minutes of pre- construction, weekly construction, and all other
contractor construction meetings shall be kept by the Documentation
Specialist. Copies of said minutes shall be sent to all participants by the
day following the meeting for review and comment and such comments
shall be returned within 2 days following their receipt. Following
corrections, as may have been necessary, the final minutes will be filed
and delivered to the participants within an additional 2 days or at the
next weekly construction meeting.
ff. Weekly Statements of Working Days
i. Shall be supplied by the Resident Engineer. In the event it is not available
for delivery, the construction meeting will be interrupted and delayed
until it is available. The costs for such delay, if any, shall be borne by the
Consultant.
ii. This report shall be on LAG Man. form 52.105 that details the number of
workable/unworkable days charged to a project, the reason a day is
charged as unworkable, daily weather codes, the current status of
contract days, and a summary or the week’s construction activity.
(Constr. Man. GEN 1-00.7(1)5.) Std. Specs. 1-08.5.
gg. Contractor’s Weekly Look-Ahead Schedule
i. The weekly look-ahead shall be for the two-week period beginning the
day following the date of the weekly construction meeting. The weekly
look-ahead schedule must be delivered to the Resident Engineer three
working days prior to the weekly construction meeting (Std. Spec. 1-
08.3(2)D). In the event it is not so delivered, the construction meeting
may be delayed by the Resident Engineer until he or she has completed
his or her review and may suspend work for the period of the meeting
delay (Std. Spec. 1-08.6.2.). The period of such work stoppage will be
counted as working days (Std. Spec. 1-08.6.).
AGENDA ITEM #6. k)
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ii. The Resident Engineer and the Construction Observer shall review the
plans, specifications, special provisions, and bid items for work planned
for the up-coming work period
hh. Conformity With and Deviations From Plans and Stakes (Std. Spec 1-05.4)
i. Construction staking
1. It is the responsibility of the Contractor to accurately set
construction staking and to construct the project in conformance
with the plans and specifications. It is the responsibility of the
Construction Observer and Resident Engineer to be familiar with
the plans and specifications.
ii. PROWAG
1. The Construction Observer shall document PROWAG compliance
on all wheelchair ramps and signal construction on WSDOT ADA
Measurement Forms with instructions.
iii. Preconstruction meetings
1. The Resident Engineer shall conduct pre-construction meetings as
may be required by the non-materials submittal list and preceding
construction of features such as wheelchair ramps and catch
basins /manholes.
2. The Resident Engineer and Construction Observer shall conduct
preconstruction meetings prior to construction of curbs at raised
intersections, wheelchair ramps, and catch basins/manholes. A
City, standard plan for catch basin and manhole construction shall
be supplied to the Contractor personnel.
iv. Raised intersection gutters
1. The Construction Observer and Engineer of Record shall be
present during the forming and pouring of the raised intersection
gutters.
v. Catch basins and manholes
1. The Resident Engineer and Construction Observer shall be present
at the construction of the adjustment rings and frames. They shall
both inspect all completed catch basins and manholes
immediately following final adjustment and require
reconstruction of those not meeting the requirements of the
standard plan.
ii. Testing
i. The Construction Observer shall contact and schedule testing.
ii. Materials testing will be by Gray & Osborne’s subconsultant MTC.
AGENDA ITEM #6. k)
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iii. Compaction testing will be by Gray & Osborne’s subconsultant MTC.
iv. Utilities testing will be by Public Works: water Joshua Drummond, King
County Water District 90 (425-255-9600), George Stahl, City of Renton
Water Maintenance Manager (425-430-7000); Nathan Nelson, City of
Renton Surface/Waste Water Maintenance Manager (425-430-7400).
jj. Permanent Monuments (RCW 58.09.130)
i. The Resident Engineer or the Construction Observer shall report to the
Engineer of Record and Project Manager all permanent monuments
found in the construction zone, not shown on the plans. Whenever a
survey monument needs to be removed or destroyed, the application
required by WAC 332-120-050 shall be submitted to the Department of
Natural Resources. It shall be completed, signed and sealed by the
Contractor’s land surveyor or engineer.
ii. All applications must be completed on forms provided by the Department
of Natural Resources and follow instructions provided by DNR.
Completed applications shall be filed at DNR (WAC 332-120-070).
iii. RCW 58.09.040 requires that, for all monuments that are set or reset, a
record of the monument be filed on a Monumentation Map with the
County Engineer in the county in which the corner exists and the original
sent to the DNR for their records.
kk. Correction Notices
i. Deviations. When the Construction Observer observes the Contractor’s
work deviating from the approved plans and/or specifications he/she
shall immediately inform the person performing the unapproved work.
ii. The oral notice shall be followed directly with a written correction notice
from the Resident Engineer using a City-approved form and delivered to
the contractor’s on-site foreman or superintendent.
iii. The Contractor will not be paid for unapproved work and it must be
removed and replaced unless the City and Contractor agree to execute a
change order for an acceptable deviation. An adjustment in cost may be
required.
ll. Environmental
i. Contractor compliance with permits and environmental regulations shall
be the primary responsibility of the contractor and enforcement shall be
the primary responsibility of the Permit and Environmental Compliance
Manager. The Construction Observer shall report all violations observed
to the Permit and Environmental Compliance Manager
AGENDA ITEM #6. k)
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mm. Work Suspension
i. The Resident Engineer may issue a work suspension order when there is
overwhelming evidence of contractor disregard for an immediate threat
to Life and Safety. (Std. Spec. 1-07.1) and (Constr. Man. 1-07.1 page 1-
75).
1. The first course of action is the Construction Observer gives oral
notification to the foreman of the Contractor’s crew involved and
phone notification to the local WISHA office and the Project
Manager if the problem is not corrected immediately. If the
Project Manager determines that immediate action is required
he/she may direct the Construction Observer to immediately
Issue a written work suspension order.
2. Second is oral and written notification to the Contractor’s Project
Manager and the foreman or superintendent and the local WISHA
field office:
3. Third, if the Contractor refuses to address the safety violation and
no WISHA officer is available, the Engineer may issue a written
work suspension order.
ii. The Resident Engineer with input from the Permit and Environmental
Manager may suspend work in the vicinity of archaeological or historical
objects discovery.
iii. The Resident Engineer shall suspend all work in the area of and adjacent
to the discovery of human skeletal remains (Constr. Man. 1-07.16(4)A).
iv. The Resident Engineer may suspend work in the area of a utility conflict
until the solution of the conflict has been determined and a Field
Directive has been issued.
v. All other Work Suspension Orders must be issued by the Project Manager
following consultation with the Engineer and the City Attorney.
vi. The Work Suspension Order shall be on a City form and must contain, at a
minimum, the following:
1. Identification of the Contract work being performed.
2. A description of the reason or alleged infraction including
WISHA/OSHA rule if available.
3. Location.
4. Time.
5. The name of the Contractor’s person responsible for the alleged
infraction.
AGENDA ITEM #6. k)
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6. Photographs and/or video showing the condition or alleged
infraction.
nn. Photographs
i. The Construction Observer shall take photographs of all materials and
their identification markings or tags upon delivery, all changes, and
adequate photographs of construction to create a complete photographic
record of the project construction. All photographs shall be date and
time stamped and given a reference number, and a record kept of the
locations of all photographs (Constr. Man. 10-3.14).
oo. Diary
i. The Construction Observer shall keep a diary record of construction
activity. (Constr. Man. 10-3.6A)
pp. Field Notebooks
i. Field Notebooks shall be completed and maintained by the Construction
Observer (Constr. Man. 10-3.12).
qq. IDR’s
i. The Construction Observer shall complete inspector daily reports for
every day worked by the Contractor. The IDR’s shall be completed in
compliance with Constr. Man. 10-3.6B and delivered to the
Documentation Specialist, Resident Engineer and Project Manager In PDF
format at the completion of each day’s work.
ii. The IDR’s shall be made on WSDOT forms 422-004, 004A and 004B
Revised 07/2019
iii. The Resident Engineer shall review all IDR’s.
rr. Pay Notes (Field Notes) (Constr. Man. 10-3.12)
i. The Construction Observer shall measure and complete records of
quantities of all the bid items constructed each day using WSDOT Form IP
422-635ER EF Revised 2/2009
ii. The Construction Observer shall present the completed Pay Notes to the
Contractor the following morning for review and signature and
immediately forward to the Documentation Specialist and Resident
Engineer.
iii. The Resident Engineer shall review all pay notes.
iv. The Documentation Specialist shall prepare and complete Pay Note
records on Pay Note summary spreadsheets for each pay period.
ss. As-Built Plans
i. The Construction Observer shall keep an independent record of all
changes from the plans in his or her diary and in red ink on a full-size set
AGENDA ITEM #6. k)
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of the construction plans (Constr. Man. 10-3.11A). The as-built plans shall
be clearly stamped “AS-BUILT DRAWINGS” and kept in the construction
office until physical completion.
ii. All corrections, repairs, revisions and additional details necessary to
depict the work as it was constructed shall be shown on the as -built
plans, whether considered the practice of engineering or not and
whether considered a change to the contract or not.
iii. The as-built drawings shall be current with entries made the day the
construction changes were made.
iv. Changes made pursuant to a Change Order shall be identified on the
plans with the Change Order number.
v. Photographs of the changes shall be taken and referenced on the plans
by reference number.
tt. Requests for Information (RFI’s)
i. Contractor requests for information shall be answered in writing by the
Resident Engineer.
ii. If the RFI is for information missing from the plans or specifications, it
shall be forwarded to the Engineer of Record for a response.
iii. The Documentation Specialist shall maintain and update a City form RFI
tracking spreadsheet containing all RFI’s.
uu. Training
i. The Documentation Specialist shall monitor the payment amount for bid
item No. 5 for compliance and the Resident Engineer shall work with the
Contractor to achieve compliance.
vv. Serial letters
i. Serial letters shall be used for the tracking of time-sensitive
communications that require responses, such as notices, claims, protests,
etc.
ii. The Construction Manager shall consult with the Resident Engineer and
prepare the responses. They shall be reviewed by the Project Manager,
reviewed by the Engineer, reviewed by the City Attorney if necessary, and
sent to the Contractor.
iii. The Documentation Specialist shall maintain and update a City form serial
letter tracking spreadsheet for tracking all protests, disputes, claims,
requests for additional time, and all other time sensitive correspondence
between the City and the Contractor.
AGENDA ITEM #6. k)
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ww. Progress Payment Forms
i. Following award, the Project Manager shall input the contract schedule
of prices on the City Progress Payment forms and then shall lock the
input contract data and forward the completed forms to the Resident
Engineer and Documentation Specialist.
ii. Following execution of a change order, the Project Manager shall input
the change order items and estimates and then shall lock the input
change order data and forward the completed forms to the Resident
Engineer and Documentation Specialist.
iii. All the formula columns shall be locked.
xx. Force Account (Std. Spec. 1-9.6)
i. The Construction Observer shall track force account work on City forms.
The forms shall be completed by the end of each day force account work
was performed. The Construction Observer shall sign and obtain the
signature of the Contractor’s representative on all completed force
account tracking forms before the end of the following day. The
Construction Observer shall forward all completed and signed force
account tracking forms to the Resident Engineer, the Project Manager,
and Documentation Specialist.
yy. Progress Payments (Std. Spec. 1-09.90
i. Progress payment invoices shall be prepared and signed by the
Documentation Specialist or Resident Engineer on forms provided by the
City. All bid item quantities shall be based on the pay notes generated for
that pay period.
ii. All input by the Consultant will be in quantities from the Pay Note
Summary spreadsheet. Check measurement and payment for the
complete bid items of the specifications to insure that the measurement
conditions have been met.
iii. The estimate to complete column must never contain formulas. The input
shall be actual estimated quantities provided by the Construction
Observer and reviewed by the Resident Engineer.
iv. Completed progress payments must be reviewed and signed by the
Project Manager prior to submittal to the Contractor for signature.
v. The Engineer will review, sign, and submit the signed Progress Payment
Invoices to the City Finance Division in time to insure payment to the
contractor within 30 days from the Contractor’s signed progress payment
invoices delivery to the City.
AGENDA ITEM #6. k)
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zz. Materials on Hand (Std. Spec.1-09.8)
i. Payment for materials on hand will be made in strict compliance with the
Standard Specifications.
aaa. Field Directives (Std. Spec. 1-04.4.)
i. Written field directives shall be used to enforce correction notices or
initiate change orders. They will be issued by the Resident Engineer or
Construction Observer on City forms.
ii. They shall include a description of required work and in the case of
changes, a rough estimate. Signatures of the initiator, the Resident
Engineer or Construction Observer are required and the Contractor’s
representative for changes.
bbb. Change Orders
i. Change orders shall be prepared by the Resident Engineer on City
approved forms, and in compliance with (Std. Spec. 1-04.4.)
ii. Change orders must be reviewed and signed by the Project Manager,
Engineer, Engineer of Record, Engineer, and others as may be required by
City Policy.
iii. The change order, approved and issued by the Engineer, will be given to
the Contractor for endorsement. If the Contractor fails to endorse and
return the change order, request an extension of time for endorsement
or responds in accordance with Std. Spec. 1-04.4. within 14 days of
delivery to the Contractor, it may be issued unilaterally by the City.
iv. Change orders shall include only force account work, bid item work, or a
lump sum. Mixing any of the above in one change order makes tracking
of force account work impossible.
v. Preparation of change orders shall begin immediately following issuance
of field directives or the decision for a planned change. In the case of a
planned change, the first step is a determination that the change is not a
new project by the City Attorney. The preparation of all change orders is
as follows:
1. Complete a description of the change.
2. Prepare a cost estimate by the Resident Engineer.
3. Get a change order quotation or estimate from the Contractor.
4. Establish force account estimate, bid item, or negotiated lump
sum amount for the equitable adjustment. Force account change
orders are preferable.
5. Update labor list and equipment rate list if necessary.
6. Complete a reason for the change.
AGENDA ITEM #6. k)
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7. Execute the change order.
A change order has fixed unit prices and estimated bid item quantities,
fixed as a lump sum, or an open estimate in the case of force account. In
any case it must be executed immediately in order to pay the contractor
for its work. Force account records are for progress payments, not
change orders.
vi. Minor Changes shall not be used.
vii. Equitable Adjustment includes the cost of the labor, equipment,
materials, bid items, if any, and the costs of non-main office extended
overhead, if any (Std. Spec.1-09.4).
viii. Completed change orders shall be filed by the Documentation Specialist.
ix. The Documentation Specialist shall maintain and update a City form
Change Order tracking spreadsheet that shall include all Field Directives
and Change Orders.
ccc. Protests
i. The procedure for the Contractor to file a protest is set forth in Std. Spec.
1-04.5.
ii. The Resident Engineer, with recommendation from the Construction
Manager and as reviewed and approved by the Project Manager, shall
propose resolution of protests, disputes and claims. (Std. Spec.1-09.11).
Final determination of the response to the Contractor shall be made by
the Engineer.
iii. The Documentation Specialist shall track all protests, disputes and claims
on a City form serial letter tracking spreadsheet.
ddd. Notices
i. The method for serving and receiving notices is set forth in Std. Spec.
1.05.15. Notices from the Contractor shall be sent to the Project
Manager. Notices to the Contractor shall be prepared by the Resident
Engineer and issued by the Project Manager.
eee. City Public Works Department Notification
i. The Construction Observer shall be responsible for notifying City Public
Works employees when the following work is requested (3.ii.):
ii. Water
1. Pressure Testing
2. Disinfection
3. Purity Testing
iii. Sewer
1. Video
AGENDA ITEM #6. k)
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2. Pressure Testing
3. Manhole inspection
iv. Surface Water
1. Video
2. Pressure testing
3. Manhole/catch Basin inspection
v. Streets
1. Curb/gutter inspection
2. Sidewalk inspection
3. Pavement inspection
fff. Public Outreach
i. Create and maintain project web page.
ii. Respond to all phone calls and emails.
iii. Maintain a record of all contacts with a separate file for any
commitments made.
iv. Deliver all contacts made with a name, contact information, and a
description of the substance of the contact.
v. Presence and delivery of a report at all construction meetings
ggg. Construction Management System
i. Set up and maintain a web-based Construction Management System
(CMS).
ii. Electronic documentation of the project files will be stored on the CMS.
iii. Engineer, Project Manager, Engineer of Record, Resident Engineer,
Documentation Specialist, Construction Observer, other staff as approved
by the City, the Contractor’s project manager, superintendent and
administrative staff will be provided credentials to the CMS .
4. CONTROLLING ORDER OF CONTRACT DOCUMENTS. (Std. Spec. 1-04.2)
a. Addenda,
b. Proposal Form,
c. Special Provisions,
d. Contract Plans,
e. Amendments to the Standard Specifications,
f. Standard Specifications,
g. City of Renton Standard Plans
h. Geotechnical Studies
5. CM CONSTRUCTION OFFICE
a. The construction office shall be provided by agreement between the contractor,
the consultant, and/or the City.
AGENDA ITEM #6. k)
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b. Construction office equipment shall be provided by the consultant. In the event
there is a delay in power, cable, or phone connections or equipment deficiency
of any kind, it shall be the responsibility of the consultant to temporarily provide
such connections and/or equipment necessary to perform the duties of the
consultant.
c. Weekly Construction Meetings will be held in the CM consultant’s construction
office, outdoors on the job site, or online.
d. Scope of Work. This Scope of Work shall be kept and mounted on a wall in the
CM consultant’s construction office at all times.
e. Plans and Specifications. A full size set of Project Plans together with all other
Contract Documents shall be kept and available in the CM consultant’s
construction office at all times.
f. Change Tracking. The Construction Observer shall track and record all changes
on separate full size set of plans kept in the CM consultant’s construction office.
Changes shall be recorded in red the day of or following the change.
g. Permits. Copies of all project permits shall be kept and mounted on a wall in the
CM Consultant’s construction office at all times.
h. Progress Schedule. A current Progress Schedule of the entire project shall be
kept and mounted on a wall in the CM consultant’s construction office at all
times. The Resident Engineer shall track the construction progress with a yellow
hi-liter. The construction progress tracking shall be based on the Pay Notes and
be entered as soon as available.
i. Posting Notices (Std. Spec. 1-07.9(2))
i. The Resident Engineer shall ensure that the Contractor posts the required
notices listed in the referenced standard specification and the additional
documents listed in (Constr. Man. 1-07.(2).
ii. The location of the postings must be as set forth in the Standard
Specifications at the job site or if the project is small and the Contractor
has no on-site construction office, then alternatively, the Contractor may
post the notices at the corporate office and supply each and every
employee working on the project with copies of all the required notices.
AGENDA ITEM #6. k)
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Table of contents
1. General 1
a. Construction Management 1
b. Consultant’s Responsibilities 1
c. City’s Responsibilities 1
d. Other’s Responsibilities 2
e. Directing the Contractor 2
f. Duty of the Consultant 2
g. Deliverables 2
2. Responsibilities
a. Construction Manager 2
b. Resident Engineer 3
c. Construction Observer 4
d. Documentation Specialist 4
e. Public Outreach Sub-consultant 5
f. Testing Laboratory 5
g. Project Manager 5
h. Engineer 6
i. Engineer of Record 6
j. Permit and Environmental Compliance Manager 7
k. City Public Works Department 7
3. Tasks
a. Advertisement 7
b. Contract Addenda 7
c. Bidder Questions 7
d. Bid Deadline 7
e. Bid Opening 7
f. Conformed Contract Documents 7
g. ROM 8
h. Non-Material Submittal List 8
i. Bid Analysis 8
j. Determination of Bid Responsiveness and Bidder Responsibility 8
k. Pre-Award Meeting 9
l. Preparation of Contract Documents for execution 9
m. Award 9
n. Execution 9
o. Record Keeping 10
AGENDA ITEM #6. k)
EXHIBIT A-1
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p. Non-Materials Submittal Schedule 11
q. Materials 11
r. Buy America 12
s. Subcontractors 12
t. Retainage UDBE Subcontractors 13
u. Progress Schedule 13
v. Preconstruction Meeting 14
w. Labor 15
x. Project Labor List 16
y. Contractor’s Equipment Rate List 16
z. Construction Observer and Documentation Specialist Oversight 16
aa. Notice to Proceed 16
bb. Mobilization 16
cc. Weekly Construction Meetings 17
dd. Safety 18
ee. Meeting Minutes 19
ff. Weekly Statement of Working Days 19
gg. Contractor’s Weekly Look-Ahead Schedule 19
hh. Conformity With and Deviations From Plans and Stakes 20
ii. Testing 20
jj. Permanent Monuments 21
kk. Correction Notices 21
ll. Environmental 21
mm. Work Suspension 22
nn. Photographs 23
oo. Diary 23
pp. Field Notebooks 23
qq. IDR’s 23
rr. Pay Notes 23
ss. As-Built Plans 23
tt. Requests for Information (RFI’s) 24
uu. Training 24
vv. Serial Letters 24
ww. Progress Payment Forms 25
xx. Force Account 25
yy. Progress Payments 25
zz. Materials on Hand 26
aaa. Field Directives 26
AGENDA ITEM #6. k)
EXHIBIT A-1
Construction Management Scope of Work Page 32
bbb. Change Orders 26
ccc. Protests 27
ddd. Notices 27
eee. City Public Works Department Notification 27
fff. Public Outreach 28
ggg. Construction Management System 28
4. Controlling Order of Contract Documents 28
5. CM Construction Office 28
AGENDA ITEM #6. k)
Task Description hrs hrs $hrs $hrs $hrs $hrs $hrs $hrs $
5 - Project Management
z. Project Management and oversight, ggg. Manage web based Construction
Management System (CMS)33 $1,779.69 0 $0.00 0 $0.00 32 $1,728.00 3 $177.30 0 $0.00 0 $0.00 0 $0.00
6 - Preconstruction Meeting v. Preconstruction Meeting 16 $862.88 16 $633.60 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 3 $126.90
7- Subcontractor approval/Payrolls
s. Subcontractor Approval and Tracking (12 EA), w. SOI, Certified Payroll,
Wage Interviews and AWP tracking, x. Project Labor List review and approval 20 $1,078.60 188 $7,444.80 125 $3,531.25 0 $0.00 0 $0.00 26 $728.00 0 $0.00 12 $507.60
8 - Submittal Review and Schedule
o. Record Keeping, p. Non-materials Submittal tracking, q. Material
documentation, u. Progress Schedule review and Tracking, y. Contractor's
Equipment Rate List review 79 $4,260.47 228 $9,028.80 200 $5,650.00 0 $0.00 0 $0.00 50 $1,400.00 0 $0.00 0 $0.00
9 - Weekly Meetings
cc. Weekly Construction Meetings (52 EA), ee. Meeting Minutes, gg.
Contractor's weekly look-ahead schedule 221 $11,918.53 156 $6,177.60 0 $0.00 0 $0.00 4 $236.40 0 $0.00 0 $0.00 104 $4,399.20
10 - Field Inspection
dd. Safety, ff. Weekly Statement of Working Days (52 EA), hh. Observe
construction staking and conduct on-site preconstruction meetings (2 EA), jj.
Report found permanent monuments (1 EA), kk. Written correction notices (1
EA), ll. Report environmental violations observed (1 EA), mm. work
suspension (1 EA), nn. Photographs (260 EA), pp. Field Notebook (260 EA), qq.
IDR (260 EA), rr. pay note (FNR - 260 EA), ss. As-Built Plans markups, xx. Force
Account tracking and review (6 EA)175 $9,437.75 224 $8,870.40 130 $3,672.50 0 $0.00 0 $0.00 24 $672.00 0 $0.00 1918 $81,131.40
11 - Material Testing **ii. Materials Testing 26 $1,402.18 26 $1,029.60 26 $734.50 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00
12 - Progress Estimates
ww. Progress Payment form (12 EA), yy. Progress Payment (12 EA), zz
Material on Hand (4 EA)20 $1,078.60 36 $1,425.60 36 $1,017.00 0 $0.00 0 $0.00 11 $308.00 0 $0.00 18 $761.40
13 - Change Orders, RFI's and
communication
tt. RFI response and tracking (25 EA), vv. Serial Letter preparation and
tracking (2 EA), aaa. Field Directives (25 EA); bbb. Change Orders(12 EA); ccc.
Protests (2 EA), ddd. Notices (2 EA), eee. Notify City Public Works for testing
and inspection (6 EA)142 $7,631.10 230 $9,088.20 96 $2,712.00 0 $0.00 8 $472.80 24 $672.00 48 $1,872.00 12 $507.60
14 - Closeout o. Record Keeping and ss. As-Built Plans 34 $1,833.62 68 $2,692.80 8 $226.00 0 $0.00 0 $0.00 8 $224.00 96 $3,744.00 16 $676.80
766 $41,283.42 1172 $46,391.40 621 $17,543.25 32 $1,728.00 15 $886.50 143 $4,004.00 144 $5,616.00 2083 $88,110.90
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
766 $41,283.42 1172 $46,391.40 621 $17,543.25 32 $1,728.00 15 $886.50 143 $4,004.00 144 $5,616.00 2083 $88,110.90
$205,563.47
0.300 $61,669.04
1.7958 $369,150.87
$9,592.71
$38,225.00
$684,201.08
Technician
Michael Ballard Tamara Nack Dylan Majewski
Engineer in Training
$28.25 $39.00
Heip Mai
IT
$54.00
Date:
$42.30
Phil Van Earwage
Resident Inspector
Tuesday, March 16, 2021
$28.00$39.60
Function/Title
Hourly Totals
Mgt Res
Employee Rate
Hourly Subtotals
Tani Stafford David Roman Sanchez
$59.10$53.93
Principal/PM Civil Engr Engineer in Training
Gray & Osborne, Inc.
Project Name:
Contract Name CAG - 20-395
Contract Totals
Amendment No 1 - Exhibit B-1
Duvall Avenue NE - Amendment No 1 - Construction Management
**Materials Testing & Consulting, Inc. (MTC)
Fee
Overhead
Expenses - Does not include Field Office Building/electricity/water/sewer
Subconsultants
Employee Phil Marshall
Project Manager
Consultant:AGENDA ITEM #6. k)
AB - 2837
City Council Regular Meeting - 05 Apr 2021
SUBJECT/TITLE: Authorization to Purchase Signal Equipment and Traffic Calming
System Devices for the Safe Routes to Transit Program CAG-20-156
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Public Works Transportation Systems Division
STAFF CONTACT: Eric Cutshall, Transportation Maintenance Manager
EXT.: 2601
FISCAL IMPACT SUMMARY:
The total cost of the signal equipment and traffic calming device s for the Safe Routes to Transit Program is
$228,848.64. The cost of the equipment and devices will be charged to the program’s budget number
317.123009 and reimbursed through the Capital Improvements Agreement with the King County Metro
Transit Department as part of CAG-20-156 approved by Council August 10, 2020. Attached are quote numbers
Q-04280 and Q-04284 from Western Systems for proprietary signal equipment totaling $201,856.28. Also
attached is estimate number 34228 from Zumar Industries for Shur -Tite Products’ Shur-Curb® traffic calming
system devices totaling $26,992.36. Zumar is the exclusive distributor of products manufactured by Shur-Tite
Products in Washington state, including the Shur-Curb® systems. All items will be purchased using state bid
contract 04616.
SUMMARY OF ACTION:
On August 10, 2020 Council approved Capital Improvements Agreement with the King County Metro Transit
Department CAG-20-156. This agreement allows King County to reimburse the city for design of agreed upon
capital improvement projects reducing barriers to transit service and supporting access to transit services and
facilities in the city. According to CAG-20-156, the county’s contribution costs are set to not exceed the
reimbursement cap of $1,500,000. Amendment No. 1 to CAG -20-156 extending this agreement to December
31, 2021 was signed by the Mayor February 24, 2021.
As part of the capital improvements to transit routes, 18 intersections were identified for upgrades. A list of
those intersections may be found in the original CAG-20-156 document. Such improvements include installing
pedestrian islands, high-intensity crosswalk beacons (HAWK signals), accessible pedestrian signal (APS) push
buttons, bulb-outs, striping, crosswalks, ADA curb ramps and signage.
The Public Works Department would like to purchase signal cabinet and crosswalk equipment totaling
$201,856.28 from Western Systems. Western Systems developed and designed the city’s proprietary signal
cabinet controller units and therefore is a sole source vendor. This proprietary equipment allows for
integration and synchronization with existing facilities. The proposed products were selected to match
existing infrastructure to allow for streamlined maintenance and operational efficiencies and easy repair or
replacement of any components throughout the city. Such streamlining practices are cost effective and
reduce the number of spare parts needed to stock for repairs.
Zumar Industries is Shur-Tite Products’ exclusive distributor in Washington state. Shur -Tite Products
manufactures the patented Shur-Curb® systems selected for the intersection improvements. Some of the
AGENDA ITEM #6. l)
features and benefits of Shur-Curb® systems are non-metal flexible posts that are self-righting upon impact, 50
hit crash certified, greater visibility with 360° reflective posts and bases, quick and easy installation, compliant
with the Manual on Uniform Traffic Control Devices (MUTCD) and accepted by the Federal Highway
Administration (FHWA).
As outlined in Policy 250-02, Purchasing, Bidding and Contracting Requirements, the purchases from Western
Systems and Zumar Industries using state bid contract number 04616 is permitted without soliciting quotes
from other vendors.
EXHIBITS:
A. Western Systems Quote Number Q-04280
B. Western Systems Quote Number Q-04284
C. Zumar Industries Estimate Number 34228
STAFF RECOMMENDATION:
Authorize the purchase of proprietary signal equipment from Western Systems and traffic calming system
devices from Zumar Industries totaling $228,848.64 using state bid contract number 04616. The cost of the
equipment and devices will be charged to the Safe Routes to Transit Program budget number 317.123009 and
reimbursed by King County Metro as outlined in agreement CAG-20-156.
AGENDA ITEM #6. l)
Rev #
Eric Cutshall Phone: (425) 430-7423 Contact:
Phone:
Fax:
Email:
WA
Qty
1
1
1.00
1.00
1.00
1.00
1.00
1.00
1.00
4.00
State Processing Fee
Shipping
Subtotal
Tax 10.00%
Grand Total
020-168-25
0370260-002
740-628-32
1810229
CONTROLLER CABINET (TS2-1); RENTON TYPE ITSP+ (ALPHA) 32CH (USA) 2019
POWER SUPPLY (PS250) SHELF MOUNT (TS2) 5A
UPS POWER MODULE 1100W W/(6) RELAYS & 120V INPUT/OUTPUT IP/SNMP
AUTOMATIC TRANSFER SWITCH ASSEMBLY 19" RM WITH SURGE &
RECEPTACLES 120VAC (P-PLUS + WSDOT)
RBMS; CONTROLLER, SENSOR INT CABLES, (1) CAT5E CBLS, (4) BS3B-12-4-EQ
SENSORS (4 BATTERY SYSTEM)
BATTERY CABLE HARNESS KIT 48V 8FT 1/4-20 TERMINALS W/13IN BLK EXT
(334/P+) 2019
BATTERY ALPHACELL 240XTV (112AH / 75LB)
Quotation
1122 Industry Street, Bldg. B, Everett, WA 98203
Phone: (425) 438-1133 | Fax: (425) 438-1585 Date Quote #
12/17/20 Q-04280
Email:ecutshall@rentonwa.gov (425) 438-1585
Project Agency:
CITY OF RENTON -METRO 2020 City of Renton
Prepared For:To place an order:
Contact:Kai Antrim
Company:City of Renton (425) 530-9017
0000004616
9999999900
Address:kantrim@westernsystems-inc.com
City/State:*This order is subject to the terms & conditions
Part #Mfg Part #Description
WSDOES CONTRACT #04616
MISC ITEM, WSDOES 0.76% PROCESSING FEE
3017500081 3017500081
$160.18Terms:Net 30
ENCLOSURE TYPE ITSP+ ROLLED STOCK (F) ALLEN WRENCH (S) HANDLES, NO
GEN DOOR (UNFINISHED)
2515509990
5070070250
8025000110
8025015000
8025095500
8025050032
8025040085
2515509990
PS250
017-230-23
$2,123.70
$0.00
See General Conditions below for exceptions
and changes to freight and lead time policies
$23,360.69
Material Lead Time:$21,236.99
Freight Terms:FOB DESTINATION
1 of 3
EXHIBIT C AGENDA ITEM #6. l)
Delivery Inspection: All materials deliveries must be inspected upon receipt from freight carrier. Any freight damages must be
reported to the carrier at the time of receipt of goods. Any materials shortages or inaccuracies in shipment must be reported to
Western Systems within ten days receipt of goods. Thereafter, any discrepancies will be considered incidental and the
responsibility of the receiver.
GENERAL CONDITIONS OF SALE
All information contained within this quote is valid for 30 days from the date of the quotation. Thereafter, all prices and applicable charges
are subject to change. The acceptance of this quotation implies the acceptance of the following terms and conditions which cannot be
varied or waived except by express written authorization by a Western Systems representative. These terms govern the sale of goods and
services supplied by Western Systems. Differing terms from Buyer in any purchase order or written communication shall not be binding on
Western Systems.
TERMS AND CONDITIONS
Purchase Order: All purchases require a formal purchase order. Emails or verbal communication does not constitute an acceptable
purchase order.
Material lead time date is based after the release of the order. During the Covid-19 outbreak, Western Systems lead time dates will
be estimates based on our best information available.
Clarification on Shipping During Covid-19; FOB Destination and FOB Destination, Prepay & Add terms as quoted imply that the
customer will be available to receive material deliveries. Any repeated delivery attempts, trucking reroutes, en-route cancellations or
product factory returns which incur additional shiping costs shall be billed to the customer will be passed onto the purchaser.
Taxes/Fees: Unless current resale certificate is on file with Western Systems, purchaser shall be responsible for all tariffs, duties,
sales or use taxes in addition to the quoted prices herein. Any taxes listed are estimated totals and should be verified against local
requirements.
Payment Terms are based on approval of credit.
Western Systems imposes a surcharge of 2% on the transaction amounts when paying with a Visa or MasterCard. We are unable
to accept other credit cards for payment options. All prices are quotes in USD funds.
On-Site Services: On-site services such as signal or video system turn-on support shall be scheduled three weeks in advance. If
services need to be cancelled or postponed, any non-reimbursable travel expenses will be billed to purchaser. This quotation does
not provide nor imply any on-site support services unless mentioned specifically herein. If on-site support services are required, and
not included as part of this proposed scope of work, please contact Western Systems for a revised quotation.
Warranty: Standard one-year warranty on material goods manufactured or supplied by Western Systems from the date of
manufacturers factory shipment, unless superseded by an additional manufacturer’s warranty, provided such goods are maintained
and operated in accordance with manufacturers standard method of operation. For additional information on Western Systems
warranty, please send an email to info@westernsystems-inc.com.
Non-Payment Penalties: If payment has not been received within terms, the purchaser will be considered in default. Western
Systems will be entitled, without prejudice to our other rights, without serving notice of default, to charge the purchaser for all costs
incurred such as administration, storage, legal advice etc. The unpaid portion of any amount due to Western Systems will bear
interest at the rate of 1.5% per month simple interest. Western Systems reserves the right to hold goods until customer balances
their account.
Western Systems will not be subject to any project retainage of any kind. Material purchases are due and payable upon receipt.
Unpaid balances will be subject to Non-Payment Penalties.
Collections: Upon Buyer default of these terms, Western Systems may, in addition to any other rights or remedies at contract or law,
declare the entire balance of Buyer’s account immediately due and payable. If unpaid balance is referred for collections, Buyer
agrees to pay Western Systems, to the extent permitted by law, reasonable attorney fees in addition to all damages otherwise
available, plus any court costs or expenses incurred by Western Systems, plus any finance charges accrued on any unpaid balance
owed by Purchaser.
Deferment or Cancellation Policy: Order deferment or cancellation once materials have been released will be subject to cancellation
and/or restocking fees.
Return and Restocking Policy: Western Systems will be the sole source in determining whether any item is eligible for return. To be
eligible the item(s) must be standard product models, new and unused, in the original packaging, and invoiced within the last 90
days.
Restocking fees are applied to all returns and can vary between 20-50% based on annual sales activity. In no case will Western
Systems be obligated to take returns for materials, including items that are obsolete, custom orders, or past the 90-day invoice
period.
Documentation: Any operational documentation supplied as a part of this quotation remains the property of Western Systems and
may not be copied, reproduced, transmitted or communicated to 3rd parties without the express written consent of Western
Systems.
2 of 3
EXHIBIT C AGENDA ITEM #6. l)
Force Majeure: Western Systems, Inc. shall in no event be responsible for delays in performance due to actions beyond its
reasonable control including without limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war, civil
disturbance or carrier delays. Western Systems, Inc. accepts no liability for errors or omissions or the accuracy or the completeness
of this quotation. It has been prepared to the best of our knowledge per plans, specifications, documentation and communications
provided but we do not guarantee these to be accurate or of the latest revision. Determination of accuracy of this quotation and final
quantities are the sole responsibility of recipient. Western Systems, Inc. shall in no event be liable for any special, consequential,
incidental or liquidated damages (including without limitation damages for loss of use of facilities or equipment, loss of revenue, loss
of profits or loss of goodwill), regardless of whether seller (a) has been informed of the possibility of such damages or (b) is
negligent.
3 of 3
EXHIBIT C AGENDA ITEM #6. l)
1 of 4
Quotation
1122 Industry Street, Bldg. B, Everett, WA 98203
Phone: (425) 438-1133 | Fax: (425) 438-1585 Date Quote #Rev #
03/02/21 Q-04284
Project Agency:
CITY OF RENTON -METRO 2020 City of Renton
Prepared For:To place an order:
Contact:Eric Cutshall Phone: (425) 430-7423 Contact:Kai Antrim
Company:City of Renton Phone:+1 4255309017
Email:ecutshall@rentonwa.gov Fax:(425) 438-1585
Address:Email:kantrim@westernsystems-inc.com
City/State:WA *This order is subject to the terms & conditions
Qty Part #Description Unit Price Ext. Price
14.00 7220086264 INS2 APS (iNAVIGATOR) 2 WIRE SYS W/9X15 HIRR R10-3E
SIGN, BRAILLE, VOICE (YELLOW) 2016 $843.22 $11,805.08
15.00 8530030054 CONTROL CABINET (SC315-G) AC, NATURAL FINISH $2,084.38 $31,265.70
15.00 8530038050 POLARA XAV CONTROLLER UNIT, MANDATORY FOR
XAV2E AUDIBLE PUSHBUTTON (CABINET BASED SYS)$976.56 $14,648.40
15.00 8530038055 PUSHBUTTON AUDIBLE (XAV2E-LED) YELLOW $807.81 $12,117.15
15.00 8530038030 HARNESS, 16FT, XAV TO TPB, F- & G- SERIES $159.38 $2,390.70
23.00 8530080115 LIGHTBAR WITH CONFIRMATION LIGHTS (INCLUDES
UNIVERSAL MOUNTING BRACKET) (BLACK)$659.38 $15,165.74
23.00 8530080117 HARNESS,16FT, TERMINAL BLOCK TO LIGHT BAR, RRFB,
SC315, TPE $81.25 $1,868.75
19.00 Bundle - Pelco $0.00 $0.00
19.00 7520010380 POLE SPUN ALUMINUM 4-1/2" SCHEDULE 40 14' LENGTH $319.45 $6,069.55
19.00 7520030030 PEDESTAL BASE ALUMINUM SQUARE WITH ALUMINUM
DOOR NO LOGO,$170.70 $3,243.30
19.00 7520030200 COLLAR ASSEMBLY ALUMINUM FOR SQUARE BASE $74.22 $1,410.18
19.00 7520040030 ANCHOR BOLT KIT 3/4" #10, SET OF (4) GALVANIZED $39.22 $745.18
19.00 7520050110 POLE CAP DOME 4-1/2" OD ALUMINUM $13.59 $258.21
4.00 8530030050 CONTROL CABINET (SC315-G) SOLAR, NATURAL FINISH $1,681.25 $6,725.00
4.00 8530010302 BATTERY 100AH $403.13 $1,612.52
4.00 8530010292 80 WATT SOLAR PANEL $356.25 $1,425.00
4.00 8530010297 SIDE OF POLE MOUNT FOR 80 WATT SOLAR PANELS $271.88 $1,087.52
4.00 8530010289 SOLAR PANEL HARNESS, MC4 TO SPADE TERMINALS, 8'$103.13 $412.52
8.00 8530080115 LIGHTBAR WITH CONFIRMATION LIGHTS (INCLUDES
UNIVERSAL MOUNTING BRACKET) (BLACK)$659.38 $5,275.04
AGENDA ITEM #6. l)
2 of 4
8.00 8530080117 HARNESS,16FT, TERMINAL BLOCK TO LIGHT BAR, RRFB,
SC315, TPE $81.25 $650.00
4.00 8530038050 POLARA XAV CONTROLLER UNIT, MANDATORY FOR
XAV2E AUDIBLE PUSHBUTTON (CABINET BASED SYS)$976.56 $3,906.24
4.00 8530038055 PUSHBUTTON AUDIBLE (XAV2E-LED) YELLOW $807.81 $3,231.24
4.00 8530038030 HARNESS, 16FT, XAV TO TPB, F- & G- SERIES $159.38 $637.52
3.00 5850010100 CAMERA/RADAR SYSTEM (VECTOR) 115VAC ITERIS
(COLOR) 2012 $5,359.38 $16,078.14
1.00 0630020040 CABLE SIAMESE RG 59/U & 16/3 POWER COMBINED
(ISOTEC) 500FT $937.50 $937.50
1.00 0630020060 CABLE SIAMESE RG 59/U & 16/3 POWER COMBINED
(ISOTEC) 1000FT (ISOCBL)$1,875.00 $1,875.00
2.00 5850040716 VANTAGE NEXT VIDEO PROCESSOR (DUAL)$4,218.75 $8,437.50
1.00 0285021000 DETECTOR RACK 16CH (TS2)$236.41 $236.41
2.00 5850080270 MONITOR COLOR LCD 10.4" (IDEFFENDER SECURITY)
HDMI $664.06 $1,328.12
3.00 5460020030 OPTICOM (721) DETECTOR 2 BARREL 1 CHANNEL $835.94 $2,507.82
1.00 5455050020 OPTICOM 2CH (INFRARED)$2,918.75 $2,918.75
1.00 8530038061 PUSHBUTTON POLARA iNX AUDIBLE, 9X12 SIGN &
MOUNT, YELLOW $775.00 $775.00
Terms:Net 30 Subtotal $161,044.78
Freight Terms:FOB DESTINATION Shipping $0.00
Material Lead Time:Tax 10.00%$16,226.87
See General Conditions below for exceptions and
changes to freight and lead time policies Grand Total $178,495.59
AGENDA ITEM #6. l)
3 of 4
GENERAL CONDITIONS OF SALE
All information contained within this quote is valid for 30 days from the date of the quotation. Thereafter, all prices and applicable
charges are subject to change. The acceptance of this quotation implies the acceptance of the following terms and conditions
which cannot be varied or waived except by express written authorization by a Western Systems representative. These terms
govern the sale of goods and services supplied by Western Systems. Differing terms from Buyer in any purchase order or written
communication shall not be binding on Western Systems.
TERMS AND CONDITIONS
Purchase Order: All purchases require a formal purchase order. Emails or verbal communication does not constitute an
acceptable purchase order.
Material lead time date is based after the release of the order. During the Covid-19 outbreak, Western Systems lead time dates
will be estimates based on our best information available.
Clarification on Shipping During Covid-19; FOB Destination and FOB Destination, Prepay & Add terms as quoted imply that the
customer will be available to receive material deliveries. Any repeated delivery attempts, trucking reroutes, en-route cancellations
or product factory returns which incur additional shiping costs shall be billed to the customer will be passed onto the purchaser.
Taxes/Fees: Unless current resale certificate is on file with Western Systems, purchaser shall be responsible for all tariffs, duties,
sales or use taxes in addition to the quoted prices herein. Any taxes listed are estimated totals and should be verified against local
requirements.
Payment Terms are based on approval of credit.
Western Systems imposes a surcharge of 2% on the transaction amounts when paying with a Visa or MasterCard. We are unable
to accept other credit cards for payment options. All prices are quotes in USD funds.
Non-Payment Penalties: If payment has not been received within terms, the purchaser will be considered in default. Western
Systems will be entitled, without prejudice to our other rights, without serving notice of default, to charge the purchaser for all
costs incurred such as administration, storage, legal advice etc. The unpaid portion of any amount due to Western Systems will
bear interest at the rate of 1.5% per month simple interest. Western Systems reserves the right to hold goods until customer
balances their account.
Western Systems will not be subject to any project retainage of any kind. Material purchases are due and payable upon receipt.
Unpaid balances will be subject to Non-Payment Penalties.
Collections: Upon Buyer default of these terms, Western Systems may, in addition to any other rights or remedies at contract or
law, declare the entire balance of Buyer’s account immediately due and payable. If unpaid balance is referred for collections,
Buyer agrees to pay Western Systems, to the extent permitted by law, reasonable attorney fees in addition to all damages
otherwise available, plus any court costs or expenses incurred by Western Systems, plus any finance charges accrued on any
unpaid balance owed by Purchaser.
Deferment or Cancellation Policy: Order deferment or cancellation once materials have been released will be subject to
cancellation and/or restocking fees.
Documentation: Any operational documentation supplied as a part of this quotation remains the property of Western Systems and
may not be copied, reproduced, transmitted or communicated to 3rd parties without the express written consent of Western
Systems.
On-Site Services: On-site services such as signal or video system turn-on support shall be scheduled three weeks in advance. If
services need to be cancelled or postponed, any non-reimbursable travel expenses will be billed to purchaser. This quotation
does not provide nor imply any on-site support services unless mentioned specifically herein. If on-site support services are
required, and not included as part of this proposed scope of work, please contact Western Systems for a revised quotation.
Warranty: Standard one-year warranty on material goods manufactured or supplied by Western Systems from the date of
manufacturers factory shipment, unless superseded by an additional manufacturer’s warranty, provided such goods are
maintained and operated in accordance with manufacturers standard method of operation. For additional information on Western
Systems warranty, please send an email to info@westernsystems-inc.com.
Return and Restocking Policy: Western Systems will be the sole source in determining whether any item is eligible for return. To
be eligible the item(s) must be standard product models, new and unused, in the original packaging, and invoiced within the last
90 days.
AGENDA ITEM #6. l)
4 of 4
Restocking fees are applied to all returns and can vary between 20-50% based on annual sales activity. In no case will Western
Systems be obligated to take returns for materials, including items that are obsolete, custom orders, or past the 90-day invoice
period.
Delivery Inspection: All materials deliveries must be inspected upon receipt from freight carrier. Any freight damages must be
reported to the carrier at the time of receipt of goods. Any materials shortages or inaccuracies in shipment must be reported to
Western Systems within ten days receipt of goods. Thereafter, any discrepancies will be considered incidental and the
responsibility of the receiver.
Force Majeure: Western Systems, Inc. shall in no event be responsible for delays in performance due to actions beyond its
reasonable control including without limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war, civil
disturbance or carrier delays. Western Systems, Inc. accepts no liability for errors or omissions or the accuracy or the
completeness of this quotation. It has been prepared to the best of our knowledge per plans, specifications, documentation and
communications provided but we do not guarantee these to be accurate or of the latest revision. Determination of accuracy of this
quotation and final quantities are the sole responsibility of recipient. Western Systems, Inc. shall in no event be liable for any
special, consequential, incidental or liquidated damages (including without limitation damages for loss of use of facilities or
equipment, loss of revenue, loss of profits or loss of goodwill), regardless of whether seller (a) has been informed of the possibility
of such damages or (b) is negligent.
AGENDA ITEM #6. l)
ISSUE PO TO ESTIMATE
DATE ESTIMATED: 12/17/2020
ESTIMATE NUMBER: 34228 ZUMAR
12015 Steele Street South
Tacoma, WA 98448
BILL TO SHIP TO
CITY OF RENTON
mtrubac@rentonwa.gov 3555 NE 2nd ST
CITY OF RENTON
3555 NE 2ND STREET
BUILDING B ATTN: A/P
RENTON, WA 98056 US RENTON, WA 98056 US
CUST. NO. TERMS
Net 30
ACCOUNT MANAGER
000598 Kayla Lehan
FOB ESTIMATED SHIP DATE
FOB Destination
SUBTOTAL: $24,538.50 TAX: $2,453.86 TOTAL: $26,992.36
UNIT
PRICE
QUANTITY
ESTIMATED TOTAL PRICE UOM PART NUMBER ITEM
DESCRIPTION
001 USD 20,018.25 EA 155 STCRBSPR36W 129.15
Shur-Curb Traffic Separator 36" Wht& Curb Post Complete System(Includes
6ea.anchor bolts)
002 USD 4,520.25 EA 35 STCRBSPR36Y 129.15
Shur-Curb Traffic Separator 36" Yel& Curb Post Complete System(Includes
6ea.anchor bolts)
This is a quotation on the goods named above and is subject to the conditions noted below:
Quote is valid today through date of expiration shown above. Prices are for goods shown on the plan and/or takeoff sheet
provided at the time of quote request. Pricing is for furnish only and does not include installation or hardware unless other wise
pecified. Production days begin upon receipt of approved layouts (if applicable). Customer is responsible for all applicable sales
taxes and duty which are calculated at the time of invoicing. Quotation valid for 30 days unless otherwise specified.
EXHIBIT B AGENDA ITEM #6. l)
EXHIBIT A AGENDA ITEM #6. l)
AB - 2840
City Council Regular Meeting - 05 Apr 2021
SUBJECT/TITLE: Agreement with Northwest Hydraulic Consultants for the Lower
Cedar River Flood Risk Reduction Feasibility Study
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Public Works Utility Systems Division
STAFF CONTACT: Amanda Pierce, Surface Water Utility Engineer
EXT.: 7205
FISCAL IMPACT SUMMARY:
Funding for this agreement in the amount of $458,761 is available from the approved 2020 Surface Water
Utility Capital Improvement Program budget for the Lower Cedar River Flood Risk Reduction Feasibility Study
(427.475515). This project is fully funded by the King County Flood Control Zone District grant agreement
CAG-20-075 for $499,658.
SUMMARY OF ACTION:
The Lower Cedar River Flood Risk Reduction Feasibility Study intends to assess the feasibility of improving the
level of flood protection and evaluate future flood risk mitigation projects along the Cedar River from Lake
Washington to approximately 2904 Maple Valley Highway (River Mile 0 to River Mile 2.7), an area with
significant economic activity within Renton and King County. This feasibility study will identify potential
measures or projects that would increase resiliency and reduce risk to floods gre ater than a 100-year event, as
well as determining the most feasible level of flood protection. This project is intended to provide a guiding
document identifying future flood risk mitigation projects for consideration by the City of Renton and King
County Flood Zone District funding programs.
The City solicited a request for proposals in the Daily Journal of Commerce for engineering consulting services.
Two proposals were submitted and evaluated for this study. Northwest Hydraulic Consultants (NHC) was
selected as the most highly qualified firm for the project under city policy 250 -02, as their proposal was the
most comprehensive and provided a clear understanding of the project objectives. NHC has provided similar
studies for the Port of Tillamook Bay, King County Flood Water Land Resources Division, and the US Army
Corps of Engineers Seattle District. Services to be provided consist of project management, surveying,
hydrologic and hydraulic modeling, existing conditions assessment, alternatives analy sis, reporting, and
recommended improvements for flood risk reduction.
EXHIBITS:
A. Agreement
B. Vicinity Map
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the agreement with Northwest Hydraulic Consultants in the
amount of $458,761 for the Lower Cedar River Flood Risk Reduction Feasibility Study.
AGENDA ITEM #6. m)
AGREEMENT FOR LOWER CEDAR RIVER FLOOD RISK
REDUCTION FEASIBILITY PROJECT
THIS AGREEMENT, dated for reference purposes only as March 23, 2021, is by and between the
City of Renton (the “City”), a Washington municipal corporation, and Northwest Hydraulic
Consultants (“Consultant”), 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 surveying, hydrologic and hydraulic
modeling, and reporting 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 B or as otherwise mutually
agreed by the Parties.
3.Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit C. All Work shall be performed by no later
than December 31, 2022.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $458,761, 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 B. The Consultant agrees that any hourly or flat
rate charged by it for its Work shall remain locked at the negotiated rate(s) unless
otherwise agreed to in writing or provided in Exhibit B. Except as specifically provided
herein, the Consultant shall be solely responsible for payment of any taxes imposed
as a result of the performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and any hourly labor charge rate for
AGENDA ITEM #6. m)
PAGE 2 OF 10
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant’s performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement. The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
AGENDA ITEM #6. m)
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and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City’s or other’s
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
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
AGENDA ITEM #6. m)
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during the period of the Work shall be that of an independent contractor, not
employee. The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant’s failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees and volunteers, Consultant’s
liability shall be only to the extent of Consultant’s negligence.
AGENDA ITEM #6. m)
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It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant’s performance of the Work.
12. City of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
AGENDA ITEM #6. m)
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limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON
Amanda Pierce
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-7205
apierce@rentonwa.gov
Fax: (425) 430-7241
CONSULTANT
Vaughn Collins
12787 Gateway Drive South
Tukwila, WA 98168
Phone: (206) 241-6000
vcollins@nhcweb.com
Fax: (425) 439-2420
AGENDA ITEM #6. m)
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17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
AGENDA ITEM #6. m)
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 Amanda
Pierce. 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 #6. m)
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 #6. m)
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N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
By:_____________________________
CONSULTANT
By:____________________________
Armondo Pavone
Mayor
Vaughn Collins
Principal
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
Shane Moloney
Renton City Attorney
Contract Template Updated 9/9/2020
AGENDA ITEM #6. m)
EXHIBIT “A”
(SCOPE OF WORK)
LOWER CEDAR RIVER FLOOD RISK REDUCTION FEASIBILITY STUDY
The City of Renton Surface Water Utility (City) has retained Northwest Hydraulic Consultants (NHC) and
sub-consultant team members Tetra Tech, GeoEngineers, and Moffat & Nichol to provide professional
engineering services to the Public Works Department for the Lower Cedar River Flood Risk Reduction
Feasibility Study (the Project). The Project is funded by a King County Flood Control Zone District grant
and was identified as a priority project for flood risk reduction within the King County Cedar River
Capital Investment Strategy Report. The Project will involve investigation of various short- and long-term
measures that would reduce the risk of flooding from River Mile 2.7 (at the Riviera Apartments) to Lake
Washington and evaluating the engineering feasibility of increasing level of protection beyond the 100-
year return period based on cost-benefit ratio, practicality, total costs, socioeconomic impacts, and site
constraints. Ultimately, the Project is intended to provide a guiding document for the City of Renton
and the King County Flood Control Zone District’s future flood risk mitigation projects within the project
study area.
NHC will serve as Prime consultant for the Project and be responsible for general project management and
communication with the City, as well as lead the hydrologic, hydraulic, and geomorphic technical disciplines.
As sub-consultants, Tetra Tech will be responsible for interior drainage, economic analyses, and civil
engineering; GeoEngineers will be responsible for geotechnical and environmental technical disciplines; and
Moffat & Nichol will assist with dredge related measures.
For each subtask described below, the firm listed in the title will hold primary responsibility for
executing the subtask and producing deliverables.
1 Project Management
1.1 – General Project Management (NHC, Tetra Tech, GeoEngineers, Moffat & Nichol)
Consultant will provide project management and coordination services. This task includes contract
setup, invoicing, progress reporting, subconsultant management and City and team communications
and coordination for the duration services identified in the tasks below.
Assumptions:
Subconsultants will submit monthly invoices to NHC.
The period of performance is 18 months (April 2021 through September 2022)
For budgeting purposes, general project management will require up to 2 hours per month for
NHC over the duration of the project.
Client Responsibilities:
Review and approve invoices and other project management documents
AGENDA ITEM #6. m)
Deliverables:
Monthly Progress Reports and Invoices
Updated and/or Revised Project Schedule (as necessary)
1.2 – Project Coordination and Meetings (NHC)
The City and Consultant team will participate in the meetings and conference calls described below. This
task includes bi-weekly phone calls with the City and Consultant Project Manager. Lead Hydraulics, Lead
Geotech, Lead Civil-Structural and Lead Permit team members and other consultant staff will attend, as
needed.
Kickoff/Goal and Objectives Development Meeting – Two (2) hour meetings between City staff
and Consultant team
Bi-Weekly Progress Meetings – 36 one- hour meetings between City and NHC (subconsultants
will attended as needed)
Project Milestone Meetings – Three (3) two - hour meetings between City staff and Consultant
team at key project milestones.
Stakeholder Outreach Meeting(s) – Three (3) two-hour presentation(s) to outside groups at
City’s discretion.
Assumptions:
NHC will coordinate and facilitate all meetings and conference calls for the duration of the
project.
All meetings will be held remotely using web conferencing software until State COVID-19
guidance allows in-person meetings and both City and NHC agree to such.
Client Responsibilities:
Participation in meetings and internal coordination with City Departments
Coordination with other government or tribal agencies
Deliverables:
Meeting presentations, agenda, and notes.
1.3 – Stakeholder Coordination (NHC)
NHC will work with the City to develop a Stakeholder Involvement and Outreach strategy. The strategy
will be documented in a brief memorandum and will list all internal and external stakeholders, desired
level of participation of each, and at what point in the study process they should be involved. As the
study progresses, NHC and the City will coordinate on executing the strategy.
Assumptions:
n/a
Client Responsibilities:
AGENDA ITEM #6. m)
Guidance and input into strategy development
Engaging stakeholders at appropriate times in the study
Coordinating all internal (City) stakeholders for meeting times and collating/resolving internal
comments on draft study deliverables.
Deliverables:
Stakeholder Involvement and Outreach Strategy document
2 Existing & Future Without-Project Assessment
This task will synthesize existing information and where necessary, develop new data, in order to
provide a baseline conditions to compare alternatives against. The without-project condition assumes
continued dredging under the current program, completion of work now under design for levee
certification efforts, and any other major capital projects planned by the City for implementation in the
near term that may impact flood risk.
2.1 – River Hydrology and Hydraulics (NHC)
2.1.1 River Hydrology
NHC will update flood frequency curves for the Cedar River at Renton USGS gage, and conduct a
literature review for estimates of future peak flows on the Cedar River under climate change scenarios,
including potential future changes to operation of SPU’s Masonry Dam. This will be used to generate a
climate change flood frequency curve. Flood hydrographs from the 2- through 1000-year event will be
generated using a balanced hydrograph approach. A flow duration analysis will also be conducted using
USGS gage data to evaluate sediment loading to the lower river (Task 2.2. 2).
2.1.2 River Hydraulic Model
NHC will develop a 1D in-channel/2D overbank HEC-RAS model of approximately the lower 2.1 miles of
the Cedar River. The model will include the channel, the delta in Lake Washington, all existing levees and
floodwalls, and portions of the City at risk of flooding under a large flood with levee breach scenario.
The model will be calibrated using available high-water mark and gage data.
The model will be run for a suite of flood conditions (42 runs) necessary to characterize without project
conditions. Each scenario will consist of a combination of:
One of two channel geometries – a ‘dredge’ case reflecting a fully dredged channel with
maximum flood protection, and an ‘aggraded’ case reflecting a channel filled to the current
allowable limit.
One of a suite of 7 floods from the 2-year through 1,000-year event; this allows us to capture
low-probability high-consequence events, evaluate higher levels of protection than the 100-year
flood, and estimate the effects of projected climate change flows.
One of three geotechnical failure levee breach assumptions – ‘no-breach’, ‘left-bank breach’,
and ‘right-bank breach’. Breach locations, water surface trigger elevations, widths and erosion
rates will be developed utilizing hydraulic model outputs and existing geotechnical data. The
AGENDA ITEM #6. m)
left and right bank breach cases may include from 1 to 3 breaches and may include floodwall
and/or levee failures. In all cases any levee on either bank overtopping by more than one foot
will also have a breach triggered.
The model will be run in steady state with up to three low flow conditions determined to be of
ecological significance. These flows will be run with the ‘dredge’ and ‘aggraded’ channel geometries for
a total of six simulations.
Bridge hydraulic performance will be evaluated in terms of flood capacity and impacts to upstream flood
levels. Structures exhibiting poor performance will be identified and possible replacement will be
considered in Task 3.
Assumptions:
NHC will use primarily existing Cedar River models, survey, and best available LiDAR topography (King
County 2016, Non-vegetated Vertical Accuracy (NVA) is 0.204 feet1) to develop the new model. New
bathymetric data from the Lake Washington delta area will be incorporated.
Client Responsibilities:
Review of model results
Deliverables:
Preliminary hydraulic model
Preliminary flood mapping for all runs (42 cases) in PDF format and native GIS files
Draft without-project hydrology and hydraulics technical memorandum
2.2 – Dredging, Sediment, and Geomorphology (NHC)
2.2.1 Field Work (NHC)
NHC will conduct a limited field data collection for this project. The two main components consist of:
A reach assessment of the lower 2.5 miles of river to observe and document bank conditions,
collect up to eight surface bed material samples and up to four subsurface bulk samples of
underlying substrate. Bank stability observations are intended to augment previous
observations and analysis following high flows that occurred in early 2020. Similarly, bed
material samples will augment existing data and provide updated information on current
sediment loading and longitudinal variation useful for sediment budget and transport
calculations.
Conduct a full bathymetric survey of the Lake Washington delta area. Data will be included in
the refined HEC-RAS hydraulic model to evaluate the effect of delta geometry on upstream
hydraulics and assess possible future dredging measures to reduce flood impacts.
1 Quantum Spatial. 2017. PSLC King County 2016-2017 LiDAR. Final Technical Data Report Prepared from Puget
Sound Regional Council/Puget Sound LiDAR Consortium. June 23.
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2.2.2 Geomorphic Synthesis (NHC)
NHC will compile and review existing sediment and geomorphic data, primarily from the annual Cedar
River sediment surveys, 2016 dredge project, and scour monitoring studies. Review of USGS studies and
recent King County projects will also be conducted to assess likely impacts on future sediment load.
Prior sediment rating curves will be reevaluated using updated information. Data gaps will be identified.
NHC will generate probabilistic estimates of future sediment delivery volumes and estimates of changes
to sediment delivery under future climate change peak flow increases. NHC will evaluate channel
adjustment patterns following the 2016 dredge project and compare to observations from the 1998
dredge project to determine how alternative sediment management measures could be implemented.
Findings will be used to develop tools for evaluating sediment management measures. It is anticipated a
quantitative model, HEC-RAS or spreadsheet-based, will be used to evaluate sediment transport and
deposition within the reach.
2.2.3 Dredging Review (Moffat & Nichol)
Review prior dredging action timing and frequency, methods, work window limitations and future
development plans located adjacent to the project area to assess constructability and cost implications
for a longer-term maintenance dredging program under the existing project conditions.
Assumptions:
The reach assessment will be conducted over a two-day period, likely by raft, and involve a two
NHC staff.
The bathymetric survey will be conducted over a single day, by boat with two NHC staff, using a
combination of RTK-GPS and sounding equipment.
Client Responsibilities:
Review of deliverables
Assistance with river access and notification of adjacent landowners (i.e. Boeing) if required
Deliverables:
Bathymetric data in CAD and GIS format
Draft Geomorphic Analysis technical memorandum
2.3 – Levee System (GeoEngineers/Tetra Tech)
Develop stage/probability of failure curves (levee fragility curves) for up to four critical or typical
locations. We anticipate developing curves for one typical floodwall section and three
embankment levee sections that consider geotechnical failure mechanisms such as slope
stability and seepage. Structural failure of floodwalls is not expected to have a significant
contribution to the overall risk of failure. Failure at flood gates will be addressed as a probability
of a mechanical failure or operational failure.
Assumptions:
n/a
AGENDA ITEM #6. m)
Client Responsibilities:
None
Deliverables:
Levee fragility curves
2.4 – Interior Drainage (Tetra Tech)
The interior drainage analysis (IDA) is necessary to identify flooding sources and the potential for
ponding on the landward side of the levee system. This requirement is codified in CFR 65.10.b.6, which
requires that the IDA be based on the joint probability of interior and exterior flooding. The interior
drainage analysis developed in 2017 to support the pervious levee certification project will be expanded
to include the area upstream of Williams Avenue S bridge. This analysis will then be used to evaluate
the interior drainage system for the 200- and 500-year events.
The Consultant will delineate the areas tributary to storm drain outfalls upstream of Williams Avenue S
using available LiDAR data. The Consultant will also identify the major components of the pipe network
upstream of each new outfall added to the analysis. This will be determined from the City’s GIS
database.
The continuous simulation HSPF model developed for the previous analysis will be updated to include
additional outfall tributary area using the hydrologic parameters and long-term climate data sets used to
estimate the long-term runoff conditions for the 2017 analysis. The long-term runoff time-series from
HSPF will be exported to data files for input to the interior drainage hydraulic model.
An EPA-SWMM model of the drainage system will be developed for the expanded drainage study areas.
Quasi 2-D analysis will be performed with this model to determine representative drainage pathway to
the ponding locations. A long duration, large volume runoff hydrograph will be routed through the
model assuming a high tailwater condition at the outfalls to force an overflow. The results of this
analysis will clearly show the overflow paths between the discrete storm drain systems.
Representative drainage pathways will be input to the conventional EPA-SWMM model as 1-D conduits.
Joint probability of interior and exterior flooding will be computed using the period of record method by
routing the long-term runoff time-series through the EPA-SWMM hydraulic model. Flood inundation will
be evaluated using stage-frequency analysis at discrete ponded areas in the model domain. Flood-
frequency will be extrapolated to include the 200- and 500-year return period.
Assumptions:
Land cover will be represented using the regional runoff parameters exported from the WWHM
model. No calibration will be performed.
Model network will include storm drains, catch basins, and outfalls for the primary conduit
network. Lateral connections will be included in the model as needed.
Minimum diameter pipe analyzed will be 12 inches, however not all 12-inch diameter pipes will
be included in the model.
AGENDA ITEM #6. m)
The 2-D model will be developed using PCSWMM and LiDAR. The 2-D model will be run for a
single event with the purpose of identifying overflow pathways between storm drain networks
during a flood condition.
Topography used to develop the stage-storage rating for the storage nodes will be obtained
from Lidar.
Client Responsibilities:
Missing invert data conduits and nodes in the modeled network will be provided by the City.
Deliverables:
HSPF model of the interior drainage study areas.
Long-term hydraulic model.
2-D model showing overflow between storm drain networks.
Ponding elevations mapped at 10 locations.
Appendices documenting the results of the hydrologic, hydraulic, and coincident flooding
analyses.
2.5 – Environment (GeoEngineers)
Existing environmental baseline conditions will be assessed throughout the project limits to provide a
baseline upon which the impacts of design alternatives will be evaluated. The assessment will be based
on data collected in preparation for, during, and immediately following implementation of the 2016
maintenance dredging action, as well as data collected since that time as part of the Cedar River 205
Levee Improvements project and during on-going post-construction monitoring required by the dredge
permits. We will also complete a site visit to assess environmental baseline conditions within the project
limits but further upstream than the dredge reach and limits of existing levees. This data will be
synthesized and presented in a technical memorandum and associated graphics.
Assumptions:
One site visit will be completed to verify and/or update baseline conditions documented during
the dredge project, levee improvements project, and/or post-dredge monitoring work, as well
as to gather new data for the portion of the project area upstream of the limits of dredging and
the existing levee system.
Client Responsibilities:
None
Deliverables:
Baseline Environmental Conditions Assessment Technical Memorandum
AGENDA ITEM #6. m)
2.6 – Economics, Equity, and Social Justice (Tetra Tech)
The purpose of this task is to characterize flood risk by evaluating potential damages and impacts of
flooding to affected properties along the river and surrounding floodplain. The evaluation shall estimate
expected annual damages (EAD) to account for a range of different magnitude flood events, levee
performance and channel bed conditions, and impacts based on depth and extent of inundation. The
estimate of damages for specific flood events shall be based on an inventory of the floodplain structures
at risk. The evaluation will include consideration of the extent to which riverine flooding and interior
drainage flooding (where applicable) contribute to overall flood risk in terms of economic consequences.
This will be accomplished by scenario analysis that considers the likelihood and severity and riverine
flooding versus interior drainage flooding for a given flood magnitude. In addition to EAD, the analysis
shall qualitatively consider other demographic and socio-economic indicators of population vulnerability
in order to describe equity and social justice (ESJ) considerations as they related to modeled flood risk
by overlaying existing ESJ indices with the results of the flood damage modeling in GIS.
The evaluation shall be based on hydraulic model output in geospatially-gridded format. The economic
model will consider levee failure probabilities based on the geotechnical and stability assessment of
levee systems as developed in prior tasks in the SOW. The flood risk analysis shall focus the quantitative
analysis of flood damages on residential and non-residential structures in the floodplain via application
of existing depth-to-percent-damage functions for structural damages and content losses. The potential
magnitude of other impacts categories will be discussed qualitatively based on the information provided
by the quantitative structure damage analysis.
To conduct the economic evaluation of flood risk, the Consultant shall complete the following:
1. Inventory the floodplain for property at risk. Compile demographic information and develop
estimates of population at risk, vulnerable populations, and identification of other ESJ
considerations to supplement the quantitative economic evaluation of flood risk. Collect and
verify damage function data for specified risk categories. Default damage functions and
inventory data obtained from the FEMA Hazus database shall be checked for suitability and used
in the analysis if appropriate. Data sources shall be limited to the existing databases, publicly
available and published industry and agency reports, previous USACE studies, data available
from Renton or King County, and Hazus data. Extent of inventory should allow for maximum
extent of inundation based upon input from geotechnical and hydraulic elements of the project.
2. Conduct economic evaluation of flood risk for property affected by inundation at each flood
stage and levee breach location. Use an economic model such as HEC-FDA or equivalent.
3. Develop a technical memorandum that summarizes the methodology and results of the
economic evaluation of flood risk. The technical memorandum shall summarize the economic
evaluation methodology, results, and presents the total expected annual damage. It will also
summarize consideration of population vulnerability and ESJ in the analysis.
4. Future Conditions economic model using revised peaks flow and distribution of flooding
uncertainty parameters using the University of Washington Climate Impacts Group Variable
Infiltration Capacity modeling outputs for the 2050’s (i.e. years 2040-2069). The analysis will
consider the effects of climate change on economic impacts through modification of the
frequency-damage function developed for the future without project condition in a manner that
AGENDA ITEM #6. m)
reflects the estimated change in annual exceedance probability associated with each of the
hydraulic model depth grid outputs developed in previous tasks. This adjustment will facilitate
estimation of EAD under future climate change scenarios without requiring additional hydraulic
model runs. There will be no inventory modifications or revision of geotechnical fragility curves
or flood hazard mapping for the evaluation of climate change. Post-processing will allow
estimation of a single EAD that includes the effects of climate change.
Assumptions:
There will be a maximum of four mapped levee breaches
There will be a maximum of two channel bed elevation scenarios (e.g. dredge condition and
maximum bed profile)
When primary data to support damage, estimation is unavailable (e.g. no historical flood
fighting costs), existing published information will be referenced and adjusted as necessary
Client Responsibilities:
Historical data for estimation of labor, equipment, and materials costs and quantities for
floodlighting or other emergency response activities will be provided.
Existing GIS and Assessor’s database extracts will be provided for the study area.
Deliverables:
1. Inventory Memo: Simple memorandum noting the status of inventory development and
bulleting the major datasets that have been incorporated
2. Draft and Final Technical Memorandum of the flood hazard analysis and economic evaluation of
flood risk
3 Alternatives Formulation and Evaluation
3.1 Project Objectives and Initial Measures2 Development Workshop (NHC)
NHC will facilitate a half-day workshop with internal and select external stakeholders to 1) present initial
without-project findings, 2) determine project objectives, and 3) develop an initial list of project
measures to be evaluated. NHC will develop a list of proposed project objectives and measures to be
evaluated prior to the workshop in concert with the City project manager in order to make the
workshop more efficient. The following initial measures will be included:
Modify dredging extents, frequency, and volumes
Raise levees/floodwalls and existing ground in place
Selective minor levee setbacks or floodwalls
Bridge modifications/replacements
Interior drainage improvements
2 This scope follows USACE nomenclature for measures and alternatives: a measure is a defined stand-alone
project element or action that at least partially meets project objectives; an alternative is a combination of
measures that together are anticipated to fully meet project objectives.
AGENDA ITEM #6. m)
Project objectives will be developed using SMART criteria and addressing the full range of technical,
environmental, and social constraints and opportunities. Initial project measures will be solicited from
all stakeholders. Following the workshop, NHC will refine and develop metrics for evaluating each
objective and develop a draft project goals and objectives document. This will be sent out for review to
all workshop attendees. After review, a two-hour follow-up meeting will be required to finalize the
objectives.
Following the half-day workshop, the remainder of the day will be used to host a field trip to key sites in
the project reach for any attendees who wish to do so.
Assumptions:
Meeting will be hosted remotely
Client Responsibilities:
Identify and invite selected stakeholders to the workshop
Participate in development of project objectives and measures
Deliverables:
Workshop summary document, including list of all initial alternatives.
Draft and Final Project Goals and Objectives document.
3.2 – Screening Analysis and Alternatives Development (NHC)
NHC, with assistance from the City project manager, will screen the list of initial measures against
project objectives using existing information and qualitative evaluations. The purpose of the screening
is to develop a set of alternatives for detailed evaluation in the next project task. Screening will:
eliminate clearly infeasible measures, combine duplicate or very similar measures, and group the
remaining measures into a set of four alternatives for detailed evaluation. It is anticipated the
alternatives will use thematic or geographic grouping, for example: a dredging alternative, a levee
system raise-in-place alternative, or a left bank levee system alternative.
The screening methodology and results will be documented in a draft memorandum and distributed to
the City and stakeholder group. A 2-hour meeting with stakeholders will be then be held to discuss and
obtain concurrence on the results of the screening and refine the proposed alternatives.
Assumptions:
n/a
Client Responsibilities:
Assist in initial screening
Participate in alternatives development meeting
Deliverables:
Draft and Final Measures Screening and Proposed Alternatives Memorandum.
AGENDA ITEM #6. m)
3.3 – Alternatives Technical Analysis
Under this task each of the proposed alternatives will be subjected to a full technical review as
described below. Performance metrics for each project objective will be developed; this will also be
done with the completed Without-Project condition to allow comparison across all alternatives and
against the Without-Project condition.
3.3.1 River Hydraulics (NHC)
The HEC-RAS model, described in Task 2.1.2, will be modified to include hydraulically relevant features
of four alternatives. The same flood flows and lows flows as described in Task 2.1.2 will be used for
simulation. This results in up to 168 flood simulations and 12 low flow simulations.
3.3.2 Dredging, Sediment, and Geomorphology (NHC)
Findings and tools developed as part of Task 2.2.2 will be used to evaluate up to four alternatives in
terms of effects on reach stability, performance relative to flood level reduction, permittability, and
longevity considering existing and future sediment loading. Sediment management measures may
include upstream sediment trapping, alternative dredge design, and/or modifications to the delta;
however, non-sediment management options will also be considered.
3.3.3 Interior Drainage (Tetra Tech)
The interior drainage analysis described in Task 2.4 will be updated to incorporate the features of the
alternatives with the potentially to affect the interior storm drain system. Joint probability of interior
and exterior flooding will be computed for four alternatives.
3.3.4 Civil Design, Constructability and Cost Estimating (Tetra Tech/Moffat & Nichol)
Concepts for four alternatives identified under Task 3.1 will be developed to the level needed to
describe performance in meeting project objectives. Each concept will be documented in a plan view
sketch detailing critical features of the alternative. Planning level cost will be estimated.
Construction methods and constructability aspects for each alternative will be evaluated. The
assessment will focus on methods and equipment for sediment dredging and flood protection structure
installation considering equipment river access points, dredge material beneficial reuse/disposal
options, airport airspace restrictions, preservation of park and public access adjacent to the work area,
traffic considerations, and protection of adjacent commercial work operations (Boeing), residential
housing and private businesses during construction.
3.3.5 Economics, Equity and Social Justice (Tetra Tech)
Up to four action alternatives will be evaluated by modifying one or more of the following: levee/wall
heights, levee fragility, channel aggradation scenarios, or removal of structures from the inventory.
Modeling will result in an estimate of benefits (damages reduced) for each alternative as an expected
annual value. These benefits will be compared to costs for each alternative in order to calculate benefit-
cost ratios for each alternative. Socio-economic impacts will use the HEC-FDA economics analysis and
demographic data to determine disadvantaged populations and the impacts, positive or negative, each
measure may create. For each alternative, maximum feasible protection level will be evaluated based
AGENDA ITEM #6. m)
upon benefits and costs. Optimization of the designs will be accomplished by variation in levee height or
by provision of additional depth grid sets. It is assumed that optimization for levee height may be
iterated to find the height at which benefits equal cost. The Civil Design element of the team will identify
additional cost per increment of protection (per foot of height, per mile of length, etc.) and the point at
which benefits equal costs will be estimated based on the HEC-FDA model.
3.3.6 Environment (GeoEngineers)
The effects of alternative actions and/or design components on environmental resources and the impact
of permit requirements on these alternatives will be evaluated. As part of this process, we will
recommend habitat enhancements and/or mitigation that can be integrated into alternative designs and
note limitations on the feasibility of implementing adequate mitigation for various alternatives. We will
also document permit considerations in a permit matrix that can be used to inform the selection of an
appropriate alternative design.
Assumptions:
Four alternatives will be developed.
There will be a maximum of four mapped levees breached
There will be a maximum of two channel bed elevation scenarios (e.g. dredge condition and
maximum bed profile)
Client Responsibilities:
Review and input as alternatives are analyzed, especially in regard to construction inputs and impacts
Deliverables:
Each technical discipline listed above will produce a technical memorandum describing the alternatives
analysis. Report format will be based on the without-project condition reports, without description of
methods used previously described. Mapping, tables, and other outputs will match those used in the
without project reports.
3.4 Alternatives Comparison (NHC)
Metrics from each technical review will be extracted to allow comparison between alternatives for all
the project alternatives. The economic analysis will allow direct comparison of flood damage reduction
benefits and costs for each alternative. Other anticipated metrics will evaluate ecological impacts
(positive or negative), social justice and equity, and other objectives developed for the project. NHC will
develop an alternatives comparison matrix summarizing the results of the technical analysis. NHC will
facilitate a three-hour Alternatives Review Meeting where the City and stakeholders will be provided
with the results of the analysis and a discussion of the merits of each alternative held.
3.4.1 Final Alternative Development and Comparison
It is anticipated that the analysis may reveal that combining measures from two or more alternatives
into a new alternative may be better than any of the initial alternatives evaluated. The desired outcome
of the Alternatives Review Meeting is consensus on ranking of the alternatives evaluated, and definition
of one additional alternative to be evaluated.
AGENDA ITEM #6. m)
This final alternative will be subject to the same technical evaluations and metrics as the prior
alternatives as described in Task 3.3. NHC will incorporate the final alternative into the previously
developed alternatives comparison matrix and a 2-hour Preferred Alternative Selection meeting will be
held to formally select the alternative to be adopted.
4 Recommended Plan
4.1 Reporting (NHC)
Consultant will develop the preferred alternative into a Capital Improvement Strategy document.
The main body of the document will include summaries of the without project findings from the
technical analysis, including existing and future flood risk and ecological state of the river. The plan
development process will be described, including development of project goals, objectives, measures
and alternatives, and the stakeholder involvement process. The alternatives evaluated will be described
and compared and the reasoning for selection of the preferred alternative given. Additional information
developed for the preferred alternative will include:
defining project uncertainties and risks,
project element recommended sequencing and dependencies,
concept level design drawings and cost estimates.
Anticipated permitting issues and mitigation requirements
Without-project and alternatives evaluation reports for all technical disciplines will be included as
appendices to the main document.
Assumptions
n/a
Client Responsibilities:
Review of document
Deliverables:
Draft and Final Flood Risk Reduction Feasibility Study
AGENDA ITEM #6. m)
Lower Cedar River Flood Risk Reduction Feasibility Study
Task
Sub
Task1
Sub
Task2 Total Task HoursTotal Task CostNHC Task HoursNHC Task CostTetra Tech Task HoursTetra Tech Task CostGeoE Task HoursGeoE Task CostMoffat-Nichol Task HoursMoffat-Nichol Task Cost1 Project Management
1.1 General Project Management 97 21,132$ 37 8,298$ 36 7,404$ 20 4,650$ 4 780$
1.2 Project Coordination and Meetings
Kickoff Meeting (2hr)16 3,615$ 4 859$ 6 1,168$ 4 1,024$ 2 564$
Bi-Weekly ProgressMeetings (1hr)118 26,329$ 72 15,468$ 24 5,440$ 18 4,293$ 4 1,128$
Project Milestone Meetings (3, 2hr ea)34 7,946$ 12 2,578$ 6 1,168$ 12 3,072$ 4 1,128$
Stakeholder Outreach Meetings (3)12 2,578$ 12 2,578$ 0 -$ 0 -$ 0 -$
1.3 Stakeholder Coordination 20 4,297$ 20 4,297$
2 Existing & Future Without-Project Assessment
2.1 River Hydraulics
2.1.1 Hydrology
Update Frequency Analysis 10 1,241$ 10 1,241$ 0 -$ 0 -$ 0 -$
Climate Change Review 18 2,918$ 18 2,918$ 0 -$ 0 -$ 0 -$
Hydrograph Development 30 3,858$ 30 3,858$ 0 -$ 0 -$ 0 -$
Flow Duration Analysis 6 802$ 6 802$ 0 -$ 0 -$ 0 -$
2.1.2 Hydrualic Modeling
2D Model Domain Addition and Testing 100 12,376$ 100 12,376$ 0 -$ 0 -$ 0 -$
Dredged Condition Simulations (21)34 4,584$ 34 4,584$ 0 -$ 0 -$ 0 -$
Allowable Bed Condition Simulations (21)42 5,462$ 42 5,462$ 0 -$ 0 -$ 0 -$
Low Flow Hydraulics (1D)7 1,050$ 7 1,050$ 0 -$ 0 -$ 0 -$
Coordination with Tetra Tech (FDA)54 7,871$ 54 7,871$ 0 -$ 0 -$ 0 -$
H&H Technical Memo (Appendix)66 9,531$ 66 9,531$ 0 -$ 0 -$ 0 -$
2.2 Dredging, Sediment, & Geomorphology
2.2.1 Fieldwork
Reach Assessment (2 days)36 5,243$ 36 5,243$ 0 -$ 0 -$ 0 -$
Delta Survey (1 day + processing)24 2,635$ 24 2,635$ 0 -$ 0 -$ 0 -$
2.2.2 Geomorphic Synthesis
Data Collection and Review 72 11,257$ 72 11,257$ 0 -$ 0 -$ 0 -$
Sediment Rating Curve 60 9,228$ 60 9,228$ 0 -$ 0 -$ 0 -$
2.2.3 Dredging Review 12 3,156$ 0 -$ 0 -$ 0 -$ 12 3,156$
2.3 Levee System 88 16,112$ 0 -$ 16 3,352$ 72 12,760$ 0 -$
2.4 Interior Drainage
2.4.1 Update Hydrology Model 45 6,027$ 0 -$ 45 6,027$ 0 -$ 0 -$
2.4.2 Update Hydraulic Model 95 12,105$ 0 -$ 95 12,105$ 0 -$ 0 -$
2.4.3 Perform joint-probability analysis 46 6,258$ 0 -$ 46 6,258$ 0 -$ 0 -$
2.4.4 Prepare summary technical memorandum 72 10,752$ 0 -$ 72 10,752$ 0 -$ 0 -$
2.5 Environment 44 7,456$ 0 -$ 0 -$ 44 7,456$ 0 -$
2.6 Economics, Equity, and Social Justice
2.6.1 Request, review, existing information 20 2,908$ 0 -$ 20 2,908$ 0 -$ 0 -$
2.6.2 Meetings and Coordination 8 1,832$ 0 -$ 8 1,832$ 0 -$ 0 -$
2.6.3 Identify damage categories, build spatial inventory 8 1,272$ 0 -$ 8 1,272$ 0 -$ 0 -$
2.6.4 Incorporate Assessor's data, other valuation data, fill data gaps 16 2,544$ 0 -$ 16 2,544$ 0 -$ 0 -$
2.6.5 Estimate structure, content, inventory base values 12 1,908$ 0 -$ 12 1,908$ 0 -$ 0 -$
2.6.6 Assign SOTs (Dmg Fns)8 1,272$ 0 -$ 8 1,272$ 0 -$ 0 -$
2.6.7 Link records to H&H grids 20 2,636$ 0 -$ 20 2,636$ 0 -$ 0 -$
2.6.8 Populate FDA model suite (incl. H&H/uncert params)30 4,994$ 0 -$ 30 4,994$ 0 -$ 0 -$
2.6.9 Run FDA model, catalog outputs 24 3,816$ 0 -$ 24 3,816$ 0 -$ 0 -$
2.6.10 FDA post-processing for system-wide risk tabulation 30 5,610$ 0 -$ 30 5,610$ 0 -$ 0 -$
2.6.11 Technical Documentation (draft, review, final)30 4,890$ 0 -$ 30 4,890$ 0 -$ 0 -$
3 Alternatives Evaluation
3.1 Workshop 52 11,669$ 16 3,437$ 20 4,476$ 12 2,628$ 4 1,128$
3.2 Screening Analysis 54 11,835$ 16 3,437$ 18 4,126$ 20 4,272$ 0 -$
3.3 Alternatives Technical Analysis 2 564$ 0 -$ 0 -$ 0 -$ 2 564$
3.3.1 River Hydraulics 224 30,124$ 224 30,124$ 0 -$ 0 -$ 0 -$
3.3.2 Dredging, Sediment, & Geomorphology 180 27,270$ 172 25,242$ 0 -$ 0 -$ 8 2,028$
3.3.3 Interior Drainage 0 -$ 0 -$ 0 -$ 0 -$ 0 -$
Technical Analysis 22 3,018$ 0 -$ 22 3,018$ 0 -$ 0 -$
Documentation 35 4,437$ 0 -$ 35 4,437$ 0 -$ 0 -$
3.3.4 Civil Design and Cost Estimating 283 49,098$ 0 -$ 244 40,644$ 9 1,722$ 30 6,732$
3.3.5 Economics, Equity, and Social Justice 0 -$ 0 -$ 0 -$ 0 -$ 0 -$
A) Meetings and Coordination 14 3,066$ 0 -$ 14 3,066$ 0 -$ 0 -$
B) Alternatives Modeling 0 -$ 0 -$ 0 -$ 0 -$ 0 -$
i. Model update: Incorporate updated grids, levee heights, h&h params28 3,804$ 0 -$ 28 3,804$ 0 -$ 0 -$
ii. Model runs, final alternatives 16 2,544$ 0 -$ 16 2,544$ 0 -$ 0 -$
ii. Model runs, iteration for optimization 16 2,544$ 0 -$ 16 2,544$ 0 -$ 0 -$
iv. Post-processing final results and BCA presentation 14 2,506$ 0 -$ 14 2,506$ 0 -$ 0 -$
C) Technical Documentation (draft, review, final)20 3,740$ 0 -$ 20 3,740$ 0 -$ 0 -$
3.3.6 Environment 52 9,444$ 0 -$ 0 -$ 52 9,444$ 0 -$
3.4 Alternatives Comparison 116 20,404$ 78 13,038$ 30 5,518$ 8 1,848$ 0 -$
4 Recommended Plan
4.1 Reporting 188 32,548$ 144 22,604$ 0 -$ 32 7,016$ 12 2,928$
0 -$ 0 -$ 0 -$ 0 -$ 0 -$
Total Hours/Total Labor Fee 2780 $458,116 1366 210,016$ 1029 167,779$ 303 60,185$ 82 20,136$
Total Labor Fee
Direct Charges
Mileage 145$ 28$ 117$
Survey Equipment, Boats, GPS, Ipad 500$ 500$
Total Direct Charges (incl by firm)645$ 528$ 117$ -$ -$
Total Fee (incl by Firm)458,761$ 210,544$ 167,896$ 60,185$ 20,136$
Although total project fee will remain unchanged, consultants reserves the right to adjust hourly rates annually in January upon Overhead rate approval by WSDOT.
Hour and Cost Totals by Firm and Total
Page 1 of 6
AGENDA ITEM #6. m)
Lower Cedar River Flood Risk Reduction Feasibility Study NHC
Hourly
Rate 248$ 181$ 156$ 110$ 105$ 143$ 163$
Task
Sub
Task1
Sub
Task2 Labor CategoryPrincipal T2Senior Engineer 1Sr. Scientist2 Jr. EngineerGIS/CAD DrafterSr Document EditorFiscal1 Project Management
1.1 General Project Management 24 12 1
1.2 Project Coordination and Meetings
Kickoff Meeting (2hr) 2 2
Bi-Weekly ProgressMeetings (1hr) 36 36
Project Milestone Meetings (3, 2hr ea) 6 6
Stakeholder Outreach Meetings (3) 6 6
1.3 Stakeholder Coordination 10 10
2 Existing & Future Without-Project Assessment
2.1 River Hydraulics
2.1.1 Hydrology
Update Frequency Analysis 2 8
Climate Change Review 1 1 16
Hydrograph Development 2 4 24
Flow Duration Analysis 2 4
2.1.2 Hydrualic Modeling
2D Model Domain Addition and Testing 4 12 80 4
Dredged Condition Simulations (21) 2 8 24
Allowable Bed Condition Simulations (21) 2 8 32
Low Flow Hydraulics (1D) 1 2 4
Coordination with Tetra Tech (FDA) 6 16 24 8
H&H Technical Memo (Appendix) 8 16 32 8 2
2.2 Dredging, Sediment, & Geomorphology
2.2.1 Fieldwork
Reach Assessment (2 days) 18 18
Delta Survey (1 day + processing) 24
2.2.2 Geomorphic Synthesis
Data Collection and Review 8 16 24 24
Sediment Rating Curve 4 24 8 24
2.2.3 Dredging Review
2.3 Levee System
2.4 Interior Drainage
2.4.1 Update Hydrology Model
2.4.2 Update Hydraulic Model
2.4.3 Perform joint-probability analysis
2.4.4 Prepare summary technical memorandum
2.5 Environment
2.6 Economics, Equity, and Social Justice
2.6.1 Request, review, existing information
2.6.2 Meetings and Coordination
2.6.3 Identify damage categories, build spatial inventory
2.6.4 Incorporate Assessor's data, other valuation data, fill data gaps
2.6.5 Estimate structure, content, inventory base values
2.6.6 Assign SOTs (Dmg Fns)
2.6.7 Link records to H&H grids
2.6.8 Populate FDA model suite (incl. H&H/uncert params)
2.6.9 Run FDA model, catalog outputs
2.6.10 FDA post-processing for system-wide risk tabulation
2.6.11 Technical Documentation (draft, review, final)
3 Alternatives Evaluation
3.1 Workshop 8 8
3.2 Screening Analysis 8 8
3.3 Alternatives Technical Analysis
3.3.1 River Hydraulics 20 40 140 24
3.3.2 Dredging, Sediment, & Geomorphology 12 40 40 80
3.3.3 Interior Drainage
Technical Analysis
Documentation
3.3.4 Civil Design and Cost Estimating
3.3.5 Economics, Equity, and Social Justice
A) Meetings and Coordination
B) Alternatives Modeling
i. Model update: Incorporate updated grids, levee heights, h&h params
ii. Model runs, final alternatives
ii. Model runs, iteration for optimization
iv. Post-processing final results and BCA presentation
C) Technical Documentation (draft, review, final)
3.3.6 Environment
3.4 Alternatives Comparison 18 20 12 28
4 Recommended Plan
4.1 Reporting 20 40 24 40 16 4
Total Hours/Total Labor Fee 208 357 124 610 60 6 1
Total Labor Fee $51,624 $64,792 $19,282 $66,978 $6,321 $857 $163
Page 2 of 6
AGENDA ITEM #6. m)
Lower Cedar River Flood Risk Reduction Feasibility Study Tetra Tech
Hourly
Rate $297 $243 $237 $202 $182 $177 $170
Task
Sub
Task1
Sub
Task2 Labor Category Senior Engineer Senior Project Manager Senior Engineer II Senior Engineer II Senior Engineer II Senior Engineer I Engineer V 1 Project Management
1.1 General Project Management 24
1.2 Project Coordination and Meetings
Kickoff Meeting (2hr) 2 2
Bi-Weekly ProgressMeetings (1hr) 16
Project Milestone Meetings (3, 2hr ea) 2 2
Stakeholder Outreach Meetings (3)
1.3 Stakeholder Coordination
2 Existing & Future Without-Project Assessment
2.1 River Hydraulics
2.1.1 Hydrology
Update Frequency Analysis
Climate Change Review
Hydrograph Development
Flow Duration Analysis
2.1.2 Hydrualic Modeling
2D Model Domain Addition and Testing
Dredged Condition Simulations (21)
Allowable Bed Condition Simulations (21)
Low Flow Hydraulics (1D)
Coordination with Tetra Tech (FDA)
H&H Technical Memo (Appendix)
2.2 Dredging, Sediment, & Geomorphology
2.2.1 Fieldwork
Reach Assessment (2 days)
Delta Survey (1 day + processing)
2.2.2 Geomorphic Synthesis
Data Collection and Review
Sediment Rating Curve
2.2.3 Dredging Review
2.3 Levee System 8 8
2.4 Interior Drainage
2.4.1 Update Hydrology Model 5 4
2.4.2 Update Hydraulic Model 5 10
2.4.3 Perform joint-probability analysis 2 12
2.4.4 Prepare summary technical memorandum 8 24
2.5 Environment
2.6 Economics, Equity, and Social Justice
2.6.1 Request, review, existing information
2.6.2 Meetings and Coordination
2.6.3 Identify damage categories, build spatial inventory
2.6.4 Incorporate Assessor's data, other valuation data, fill data gaps
2.6.5 Estimate structure, content, inventory base values
2.6.6 Assign SOTs (Dmg Fns)
2.6.7 Link records to H&H grids
2.6.8 Populate FDA model suite (incl. H&H/uncert params)
2.6.9 Run FDA model, catalog outputs
2.6.10 FDA post-processing for system-wide risk tabulation
2.6.11 Technical Documentation (draft, review, final)
3 Alternatives Evaluation
3.1 Workshop 4 4 8
3.2 Screening Analysis 4 4 4
3.3 Alternatives Technical Analysis
3.3.1 River Hydraulics
3.3.2 Dredging, Sediment, & Geomorphology
3.3.3 Interior Drainage
Technical Analysis 2 4
Documentation 2 3
3.3.4 Civil Design and Cost Estimating 22 28 40 12 32
3.3.5 Economics, Equity, and Social Justice
A) Meetings and Coordination
B) Alternatives Modeling
i. Model update: Incorporate updated grids, levee heights, h&h params
ii. Model runs, final alternatives
ii. Model runs, iteration for optimization
iv. Post-processing final results and BCA presentation
C) Technical Documentation (draft, review, final)
3.3.6 Environment
3.4 Alternatives Comparison 4 4 4 8
4 Recommended Plan
4.1 Reporting
Total Hours/Total Labor Fee 34 80 52 40 24 57 40
Total Labor Fee $10,098 $19,440 $12,324 $8,080 $4,368 $10,089 $6,800
Page 3 of 6
AGENDA ITEM #6. m)
Lower Cedar River Flood Risk Reduction Feasibility Study
Task
Sub
Task1
Sub
Task2
1 Project Management
1.1 General Project Management
1.2 Project Coordination and Meetings
Kickoff Meeting (2hr)
Bi-Weekly ProgressMeetings (1hr)
Project Milestone Meetings (3, 2hr ea)
Stakeholder Outreach Meetings (3)
1.3 Stakeholder Coordination
2 Existing & Future Without-Project Assessment
2.1 River Hydraulics
2.1.1 Hydrology
Update Frequency Analysis
Climate Change Review
Hydrograph Development
Flow Duration Analysis
2.1.2 Hydrualic Modeling
2D Model Domain Addition and Testing
Dredged Condition Simulations (21)
Allowable Bed Condition Simulations (21)
Low Flow Hydraulics (1D)
Coordination with Tetra Tech (FDA)
H&H Technical Memo (Appendix)
2.2 Dredging, Sediment, & Geomorphology
2.2.1 Fieldwork
Reach Assessment (2 days)
Delta Survey (1 day + processing)
2.2.2 Geomorphic Synthesis
Data Collection and Review
Sediment Rating Curve
2.2.3 Dredging Review
2.3 Levee System
2.4 Interior Drainage
2.4.1 Update Hydrology Model
2.4.2 Update Hydraulic Model
2.4.3 Perform joint-probability analysis
2.4.4 Prepare summary technical memorandum
2.5 Environment
2.6 Economics, Equity, and Social Justice
2.6.1 Request, review, existing information
2.6.2 Meetings and Coordination
2.6.3 Identify damage categories, build spatial inventory
2.6.4 Incorporate Assessor's data, other valuation data, fill data gaps
2.6.5 Estimate structure, content, inventory base values
2.6.6 Assign SOTs (Dmg Fns)
2.6.7 Link records to H&H grids
2.6.8 Populate FDA model suite (incl. H&H/uncert params)
2.6.9 Run FDA model, catalog outputs
2.6.10 FDA post-processing for system-wide risk tabulation
2.6.11 Technical Documentation (draft, review, final)
3 Alternatives Evaluation
3.1 Workshop
3.2 Screening Analysis
3.3 Alternatives Technical Analysis
3.3.1 River Hydraulics
3.3.2 Dredging, Sediment, & Geomorphology
3.3.3 Interior Drainage
Technical Analysis
Documentation
3.3.4 Civil Design and Cost Estimating
3.3.5 Economics, Equity, and Social Justice
A) Meetings and Coordination
B) Alternatives Modeling
i. Model update: Incorporate updated grids, levee heights, h&h params
ii. Model runs, final alternatives
ii. Model runs, iteration for optimization
iv. Post-processing final results and BCA presentation
C) Technical Documentation (draft, review, final)
3.3.6 Environment
3.4 Alternatives Comparison
4 Recommended Plan
4.1 Reporting
Total Hours/Total Labor Fee
Total Labor Fee
$145 $116 $114 $105 $299 $159 $131 $119
Engineer IV Engineer II Engineer II Engineer I Senior Planner II Planner V Admin Graphics 12
2
2 6
2
36
80
32
40
4 4 12
4 4
0 8
0 16
12
0 8
8 8 4
4 2 24
24
6 24 0
2 24 4
4
4 2
16
30
20 90
6 8
12 16
16
16
2 12
4 16
10
16 20 234 132 30 254 12 4
$2,320 $2,320 $26,676 $13,860 $8,970 $40,386 $1,572 $476
Page 4 of 6
AGENDA ITEM #6. m)
Lower Cedar River Flood Risk Reduction Feasibility Study GeoEngineers - Environmental/Permit
Hourly
Rate 246$ 164$ 145$ 126$ 112$ $266 $231
Task
Sub
Task1
Sub
Task2 Labor CategoryAssociate Geotechnical EngineerStaff 3 EngineerStaff 2 EngineerCAD/GIS SupportAdministrator 3Principal
Environm
ental
Scientist
Senior
Scientist
1 Project Management
1.1 General Project Management 2 18
1.2 Project Coordination and Meetings
Kickoff Meeting (2hr) 2 2
Bi-Weekly ProgressMeetings (1hr) 9 9
Project Milestone Meetings (3, 2hr ea) 6 6
Stakeholder Outreach Meetings (3)
1.3 Stakeholder Coordination
2 Existing & Future Without-Project Assessment
2.1 River Hydraulics
2.1.1 Hydrology
Update Frequency Analysis
Climate Change Review
Hydrograph Development
Flow Duration Analysis
2.1.2 Hydrualic Modeling
2D Model Domain Addition and Testing
Dredged Condition Simulations (21)
Allowable Bed Condition Simulations (21)
Low Flow Hydraulics (1D)
Coordination with Tetra Tech (FDA)
H&H Technical Memo (Appendix)
2.2 Dredging, Sediment, & Geomorphology
2.2.1 Fieldwork
Reach Assessment (2 days)
Delta Survey (1 day + processing)
2.2.2 Geomorphic Synthesis
Data Collection and Review
Sediment Rating Curve
2.2.3 Dredging Review
2.3 Levee System 16 48 4 4
2.4 Interior Drainage
2.4.1 Update Hydrology Model
2.4.2 Update Hydraulic Model
2.4.3 Perform joint-probability analysis
2.4.4 Prepare summary technical memorandum
2.5 Environment 6 12
2.6 Economics, Equity, and Social Justice
2.6.1 Request, review, existing information
2.6.2 Meetings and Coordination
2.6.3 Identify damage categories, build spatial inventory
2.6.4 Incorporate Assessor's data, other valuation data, fill data gaps
2.6.5 Estimate structure, content, inventory base values
2.6.6 Assign SOTs (Dmg Fns)
2.6.7 Link records to H&H grids
2.6.8 Populate FDA model suite (incl. H&H/uncert params)
2.6.9 Run FDA model, catalog outputs
2.6.10 FDA post-processing for system-wide risk tabulation
2.6.11 Technical Documentation (draft, review, final)
3 Alternatives Evaluation
3.1 Workshop 4 4 4
3.2 Screening Analysis 4 8 8
3.3 Alternatives Technical Analysis
3.3.1 River Hydraulics
3.3.2 Dredging, Sediment, & Geomorphology
3.3.3 Interior Drainage
Technical Analysis
Documentation
3.3.4 Civil Design and Cost Estimating 3 6
3.3.5 Economics, Equity, and Social Justice
A) Meetings and Coordination
B) Alternatives Modeling
i. Model update: Incorporate updated grids, levee heights, h&h params
ii. Model runs, final alternatives
ii. Model runs, iteration for optimization
iv. Post-processing final results and BCA presentation
C) Technical Documentation (draft, review, final)
3.3.6 Environment 10 16
3.4 Alternatives Comparison 8
4 Recommended Plan
4.1 Reporting 6 8 2 8 8
Total Hours/Total Labor Fee 52 62 12 6 4 44 71
Total Labor Fee $12,792 $10,168 $1,740 $756 $448 $11,704 $16,401
GeoEngineers - Geotechnical
Page 5 of 6
AGENDA ITEM #6. m)
Lower Cedar River Flood Risk Reduction Feasibility Study
Task
Sub
Task1
Sub
Task2
1 Project Management
1.1 General Project Management
1.2 Project Coordination and Meetings
Kickoff Meeting (2hr)
Bi-Weekly ProgressMeetings (1hr)
Project Milestone Meetings (3, 2hr ea)
Stakeholder Outreach Meetings (3)
1.3 Stakeholder Coordination
2 Existing & Future Without-Project Assessment
2.1 River Hydraulics
2.1.1 Hydrology
Update Frequency Analysis
Climate Change Review
Hydrograph Development
Flow Duration Analysis
2.1.2 Hydrualic Modeling
2D Model Domain Addition and Testing
Dredged Condition Simulations (21)
Allowable Bed Condition Simulations (21)
Low Flow Hydraulics (1D)
Coordination with Tetra Tech (FDA)
H&H Technical Memo (Appendix)
2.2 Dredging, Sediment, & Geomorphology
2.2.1 Fieldwork
Reach Assessment (2 days)
Delta Survey (1 day + processing)
2.2.2 Geomorphic Synthesis
Data Collection and Review
Sediment Rating Curve
2.2.3 Dredging Review
2.3 Levee System
2.4 Interior Drainage
2.4.1 Update Hydrology Model
2.4.2 Update Hydraulic Model
2.4.3 Perform joint-probability analysis
2.4.4 Prepare summary technical memorandum
2.5 Environment
2.6 Economics, Equity, and Social Justice
2.6.1 Request, review, existing information
2.6.2 Meetings and Coordination
2.6.3 Identify damage categories, build spatial inventory
2.6.4 Incorporate Assessor's data, other valuation data, fill data gaps
2.6.5 Estimate structure, content, inventory base values
2.6.6 Assign SOTs (Dmg Fns)
2.6.7 Link records to H&H grids
2.6.8 Populate FDA model suite (incl. H&H/uncert params)
2.6.9 Run FDA model, catalog outputs
2.6.10 FDA post-processing for system-wide risk tabulation
2.6.11 Technical Documentation (draft, review, final)
3 Alternatives Evaluation
3.1 Workshop
3.2 Screening Analysis
3.3 Alternatives Technical Analysis
3.3.1 River Hydraulics
3.3.2 Dredging, Sediment, & Geomorphology
3.3.3 Interior Drainage
Technical Analysis
Documentation
3.3.4 Civil Design and Cost Estimating
3.3.5 Economics, Equity, and Social Justice
A) Meetings and Coordination
B) Alternatives Modeling
i. Model update: Incorporate updated grids, levee heights, h&h params
ii. Model runs, final alternatives
ii. Model runs, iteration for optimization
iv. Post-processing final results and BCA presentation
C) Technical Documentation (draft, review, final)
3.3.6 Environment
3.4 Alternatives Comparison
4 Recommended Plan
4.1 Reporting
Total Hours/Total Labor Fee
Total Labor Fee
GeoEngineers - Environmental/Permit Moffat-Nichol
$120 $104 282$ 225$ 195$
Staff
Biologist Admin 2 Principal EngineerSenior EngineerEngineer4
2
4
4
8 4
24 2
4
2
4 4
6 12 12
24 2
4 8
48 4 38 28 16
$5,760 $416 $10,716 $6,300 $3,120
Page 6 of 6
AGENDA ITEM #6. m)
Lower Cedar River Flood Risk Reduction Feasibility Study
Task
Sub
Task1
Sub
Task2
1 Project Management
1.1 General Project Management
1.2 Project Coordination and Meetings
Kickoff Meeting (2hr)◆
Bi-Weekly ProgressMeetings (1hr)
Project Milestone Meetings (3, 2hr ea)◆ ◆ ◆
Stakeholder Outreach Meetings (3)◆ ◆ ◆
1.3 Stakeholder Coordination
2 Existing & Future Without-Project Assessment
2.1 River Hydraulics
2.2 Dredging, Sediment, & Geomorphology
2.3 Levee System
2.4 Interior Drainage
2.5 Environment
2.6 Economics, Equity, and Social Justice
3 Alternatives Evaluation
3.1 Workshop
3.2 Screening Analysis
3.3 Alternatives Technical Analysis
3.3.1 River Hydraulics
3.3.2 Dredging, Sediment, & Geomorphology
3.3.3 Interior Drainage
3.3.4 Civil Design and Cost Estimating
3.3.5 Economics, Equity, and Social Justice
3.3.6 Environment
3.4 Alternatives Comparison
4 Recommended Plan
4.1 Reporting
July August September
2021 2022
November December January February March AprilApril May June July August September October May June
AGENDA ITEM #6. m)
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Renton Mem orial Stadium
Rivier a Apartments
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CITY OF RENTONWASHINGTON
LOWER CEDAR RIVER FLOOD RISK REDUCTION FEASIBILITY STUDY
EXHIB IT A
NOTES: 1. RIVER MILE (RM)2. FLOOD PLAIN BASED ON DATA TAKEN FROM PRELIMINARY FEMA FIR M PANELS 53033C0976G (2017), 53033C0981G (2017), 53033C0977G (2017), AND 53033C0664G (2017)
RM 0 TO RM 2.7
AGENDA ITEM #6. m)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. 4429
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
KING COUNTY ENTITLED INTERLOCAL COOPERATION AGREEMENT BETWEEN
KING COUNTY AND THE CITY OF RENTON FOR CONSERVATION FUTURES‐
FUNDED OPEN SPACE ACQUISITION PROJECTS.
WHEREAS, the City and King County are authorized, pursuant to RCW Chapter 39.34, the
Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and
WHEREAS, the City entered into an interlocal cooperation agreement, under chapter
39.34 RCW, with King County on June 5, 1990, City agreement number CAG‐029‐90 (“original
Agreement”) which provides for the acquisition of monies through the Conservation Futures Levy
Fund for the purpose of acquiring open space; and
WHEREAS, the original Agreement was amended several times to add new projects; and
WHEREAS, the original Agreement, which requires that properties acquired with
Conservation Futures proceeds be maintained as open space in perpetuity, will remain in effect
with an indefinite term for the projects for which Conservation Futures proceeds were disbursed;
and
WHEREAS, the City and King County wish to enter into a new interlocal cooperation
agreement for future projects in order to add terms for the use of bond proceeds for certain
projects, achieve consistency between the agreement and the King County Code, and make other
technical changes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
AGENDA ITEM # 8. a)
2
RESOLUTION NO. 4429
SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal
agreement with King County entitled “Interlocal Cooperation Agreement Between King County
and the City of Renton for Conservation Futures‐Funded Open Space Acquisition Projects,”
attached hereto as Exhibit “A” and incorporated by this reference.
PASSED BY THE CITY COUNCIL this 5th day of April, 2021.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this 5th day of April, 2021.
______________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
RES.1869:2/17/2021
AGENDA ITEM # 8. a)
RESOLUTION NO. 4429
3
EXHIBIT “A”
INTERLOCAL COOPERATION AGREEMENT BETWEEN KING
COUNTY AND THE CITY OF RENTON FOR CONSERVATION
FUTURES‐FUNDED OPEN SPACE ACQUISITION PROJECTS
AGENDA ITEM # 8. a)
1
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF RENTON
FOR CONSERVATION FUTURES-FUNDED
OPEN SPACE ACQUISITION PROJECTS
THIS INTERLOCAL COOPERATION AGREEMENT is a grant agreement
entered into between the CITY OF RENTON (“City”) and KING COUNTY (“County”).
Article I. Recitals
On February 27, 1989, the King County Council passed Ordinance 8867, which
established a process to allocate the proceeds of the Conservation Futures Fund.
On September 21, 1989, the King County Council passed Ordinance 9128, which
established a Conservation Futures Levy Fund to provide for the receipt and
disbursement of Conservation Futures tax levy proceeds and established conditions for
use of the Fund, including conditions covering allowable cost and expenses.
On July 21, 2003, the King County Council passed Ordinance 14714, authorizing
funding allocation procedures for King County Conservation Futures tax levy collections
and amending Ordinance 8867, Section 2, as amended.
The Conservation Futures Advisory Committee has recommended an allocation
of Conservation Futures proceeds to specific projects from the Conservation Futures
Levy Fund following notification to the cities that proceeds were available, provision of
an opportunity for the cities to respond and receipt by the committee of requests for
funding, all pursuant to Ordinance 8867, as amended by Ordinance 14714.
Starting in 1990 and through 2017, the King County Executive, as authorized by
the King County Council, executed Interlocal Cooperation Agreements with the cities of
AGENDA ITEM # 8. a)
2
Auburn, Bellevue, Black Diamond, Bothell, Burien, Carnation, Covington, Des Moines,
Duvall, Enumclaw, Federal Way, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park,
Mercer Island, Milton, Newcastle, Normandy Park, North Bend, Pacific, Redmond,
Renton, Sammamish, Seattle, Shoreline, Snoqualmie and Tukwila, and Vashon Park
District. Many of these agreements were amended over time to add new projects.
The existing Interlocal Cooperation Agreements remain in place with an
indefinite term for the projects for which Conservation Futures proceeds were disbursed.
The agreements require the properties to be maintained as open space in perpetuity.
The King County Council, by Ordinance 18978, has approved a new Interlocal
Cooperation Agreement for future projects in order to add terms for the use of bond
proceeds for certain projects, achieve consistency between the agreement and the King
County Code, and make other technical changes.
Pursuant to chapter 39.34 RCW, the parties agree to the following:
Article II. Definitions
1. Open Space
The term “open space” or “open space land” means: (a) any land area so
designated by an official comprehensive land use plan adopted by any city or county and
zoned accordingly; or (b) any land area, the preservation of which in its present use
would (i) conserve and enhance natural or scenic resources, or (ii) protect streams or
water supply, or (iii) promote conservation of soils, wetlands, beaches or tidal marshes,
or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife
reserves, natural reservations or sanctuaries or other open space, or (v) enhance
AGENDA ITEM # 8. a)
3
recreational activities, or (vi) preserve historic sites, or (vii) preserve visual quality along
highway, road, and street corridors or scenic vistas, or (viii) retain in its natural state
tracts of land of not less than one acre situated in an urban area and open to public use on
such conditions as may be reasonably required by the legislative body granting the open
space classification, or (c) any land meeting the definition of farms and agricultural
conservation under subsection (8) of RCW 84.34.020. As a condition of granting open
space classification, the legislative body may not require public access on land classified
under (b) (iii) of this subsection for the purpose of promoting conservation of wetlands.
2. Project
The term “Project” means the specific projects described in Exhibit A or
added by follow-on amendments to disburse proceeds pursuant to Section 8.2 of this
agreement.
3. Conservation Futures
The term “Conservation Futures” means developmental rights which may
be acquired by purchase, gift, grant, bequest, devise, lease or otherwise, except by
eminent domain, and may consist of fee simple or any lesser interest, development right,
easement, covenant, or other contractual right necessary to protect, preserve, maintain,
improve restore, limit future use of, or otherwise conserve open space land, all in
accordance with chapter 84.34 RCW and K.C.C. chapter 26.12.
Article III. Purpose of the Agreement
AGENDA ITEM # 8. a)
4
The purpose of this agreement is to create a cooperative arrangement between the
City and the County relating to the Project and to define the terms and conditions
governing both parties’ obligations created by this agreement.
Article IV. Term of Agreement
This agreement shall be continued in full force and effect and binding upon the
parties hereto upon execution of the agreement by both parties. The terms of the
agreement shall be indefinite. The agreement will be terminated if the City is unable or
unwilling: 1) to expend the proceeds provided through this agreement; 2) to satisfy the
matching requirements contained in this agreement; and 3) upon reimbursement by the
City to the County of all unexpended proceeds provided by the County pursuant to this
agreement in the manner and amounts described below and payment of all amounts due
pursuant to Section 8.1.
Article V. Conditions of Agreement
Section 5.1 -- Project Descriptions. Proceeds available pursuant to this agreement
may be used only for the Projects listed in Exhibit A, such substituted Projects as may be
approved by the County as set forth below, or Projects added by follow-on amendments
to disburse proceeds pursuant to Section 8.2 of this agreement. All County funded
Projects must meet open space criteria as described in chapter 84.34 RCW and K.C.C.
chapter 26.12.
Section 5.2 -- Use of Proceeds. Proceeds provided to the City pursuant to this
agreement as well as moneys provided by the City as match pursuant to this agreement
may be used only to pay capital costs related to property acquisition. Those costs include
AGENDA ITEM # 8. a)
5
appraisals, title searches, negotiations, administrative overhead, and the cost of actual
acquisition or purchase options, and all other costs meeting the requirements of K.C.C.
26.12.010. The City shall have the property valued by an appraisal performed by an
independent state-certified real estate appraiser with a current general real estate
appraiser license, and reviewed by an independent state-certified general real estate
appraiser. In requesting reimbursement of proceeds for the Project, the City shall
demonstrate to the County compliance with this Section 5.2. Proceeds utilized pursuant
to this agreement may not be used to purchase land obtained through the exercise of
eminent domain.
Section 5.3 -- Completion/Substitution/Deletion of Projects. The City shall
complete the Project described in Section 5.1 of this Agreement within a two year period
from the effective date of the County ordinance appropriating funding for the Project. If
the City does not meet this two year requirement, unless the City demonstrates to the
Advisory Committee a compelling reason for continuance of CFT funding for the Project
beyond the two-year limit or a reprogramming request is timely approved as provided for
below, the County shall be released from any obligation to fund the Project, and the
County in its sole discretion may reallocate such proceeds for other projects in other
jurisdictions. The City may submit specific requests for project reprogramming to the
County for its approval within the two year period. All projects proposed for
reprogramming must meet open space criteria as described in chapter 84.34 RCW and
K.C.C. chapter 26.12, be submitted for recommendation by the County’s Advisory
Committee or its successor, and be approved by action of the King County Council. All
AGENDA ITEM # 8. a)
6
reprogramming requests shall be submitted to the County’s Department of Natural
Resources and Parks, Open Space Acquisitions Unit, or its successor.
Section 5.4 -- Eminent Domain. If any Project requires the exercise of eminent
domain to acquire the property, all proceeds provided pursuant to this agreement plus
accrued interest on such proceeds shall be reprogrammed as provided in this agreement
or repaid to the County.
Article VI. Responsibilities of the City
Section 6.1 -- Matching Requirements. Except for acquisitions of property
interests in opportunity areas, as defined by K.C.C. 26.12.003, any Project funded by
Conservation Futures Levy proceeds shall be supported by the City in which the Project
is located with a matching contribution, which is no less than the amount of Conservation
Futures Levy proceeds allocated to the Project. This contribution may be in the form of
cash, land match with a valuation verified by an appraisal by an independent state-
certified real estate appraiser with a current general real estate appraiser license, or the
cash value, excluding King County conservation futures contributions, of other open
spaces acquired within the previous two years from the date of submittal of the
application by the City. The appraisal, to be reviewed, shall have been performed within
two years of the application deadline set for the annual allocation of conservation futures
tax levy proceeds under which the Property received funding. Properties considered as
land match or cash value of other open space acquisitions should be directly linked to the
property under application. Any City match, other than cash, shall require County
AGENDA ITEM # 8. a)
7
approval. County approval and County acceptance of the City’s match will be
transmitted in writing to the City by the County’s Designated Representative.
Section 6.2 -- Reporting. All proceeds received pursuant to this agreement and
accrued interest therefrom will be accounted for separately from all other City moneys,
accounts and moneys. Until the property described in the Project is acquired and all
proceeds provided pursuant to this agreement have been expended, the City shall provide
the reports required by K.C.C. 26.12.035.
Section 6.3 -- Disposition of Remaining Proceeds. If the City does not expend all
proceeds obligated to be provided through this agreement and no substitute project is
requested or approved as to the excess proceeds, such proceeds, if held by the City, shall
be refunded to the County. For purposes of this section, "proceeds" shall include all
moneys obligated to be provided by the County plus interest accrued by the City on such
moneys. Any proceeds in excess of those required to be provided by the County for the
actual costs of the Project shall remain with the County for use in its sole discretion.
Section 6.4 -- Maintenance in Perpetuity. Except as provided in this Section 6.4,
the City, and any successor in interest, agree to maintain properties acquired with
proceeds provided pursuant to this agreement as open space in perpetuity and, as required
by the County, to include in the real property records notice of this restriction. Projects
carried out by the City in whole or in part with funds provided for under the terms of this
agreement shall not be transferred or conveyed except by agreement with an agency or
nonprofit organization as defined in K.C.C. 26.12.003, which shall provide that the land
AGENDA ITEM # 8. a)
8
or interest in land shall be continued to be used for the purposes of K.C.C. chapter 26.12,
and in strict conformance with the uses authorized under chapter 84.34 RCW.
The City shall not change the status or use of properties acquired with proceeds
provided pursuant to this agreement unless the City provides equivalent lands or cash in
exchange for the land to be changed to a different use. The land shall be valued in its
changed status or use, and not based upon its value as open space, and the replacement
land or payment amount must be approved by the County. If requested by the County, at
its own cost the City will provide the County an appraisal performed within the previous
year by an independent state-certified real estate appraiser with a current general real
estate appraiser license. The value established by the appraisal will not be binding on the
County. If the County approves replacement land, the City shall complete the
replacement within one year of approval. If the County approves cash reimbursement,
the City shall pay the County within 90 days of approval.
Section 6.5 – Tax Covenants. The City acknowledges that proceeds provided by
the County for a Project may be proceeds of tax-exempt bonds (the “Bonds”) subject to
certain requirements of the Internal Revenue Code of 1986, as amended (the “Tax
Code”), including any implementing regulations and any administrative or judicial
interpretations. The City will comply with Tax Code requirements, including those set
forth in Exhibit B, which is incorporated herein, applicable to Bond-financed Projects
identified in Exhibit A, which is incorporated herein, as well as Bond-financed Projects
identified in subsequent amendments to this agreement.
Article VII. Responsibilities of the County
AGENDA ITEM # 8. a)
9
Subject to the terms of this agreement, the County will provide Conservation
Futures Tax Levy proceeds in the amounts and for the Projects identified in Exhibit A as
well as in those amounts and for those Projects identified in subsequent amendments to
this agreement. The City may request additional proceeds; however, the County has no
obligation to provide proceeds to the City in excess of the amount shown in Exhibit A.
The County assumes no obligation for future support of the Project described herein
except as expressly set forth in this agreement.
Article VIII. Other Provisions
Section 8.1 -- Hold Harmless and Indemnification.
A. The County assumes no responsibility for the payment of any
compensation, fees, wages, benefits or taxes to or on behalf of the City, its employees,
contractors or others by reason of this agreement. The City shall protect, indemnify and
save harmless the County, its officers, agents and employees from any and all claims,
cost and whatsoever occurring or resulting from: 1) the City's failure to pay any
compensation, fees, wages, benefits or taxes; and 2) the supplying to the City of work,
services, materials or supplies by City employees or agents or other contractors or
suppliers in connection with or in support of performance of this agreement.
B. The City further agrees that it is financially responsible for and will repay
the County all indicated amounts following an audit exception, which occurs due to the
negligent or intentional acts of this agreement by the City, its officer, employees, agent or
representatives arising out of the performance of the terms of this agreement.
AGENDA ITEM # 8. a)
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C. The City shall protect, indemnify and save harmless the County from any
and all costs, claims, judgments, or awards of damages, arising out of or in any way
resulting from the negligent acts or omissions of the City, its officers, employees or
agents in the performance of its obligations under the terms of this agreement. For the
purposes of this agreement only, the City agrees to waive the immunity granted it for
industrial insurance claims pursuant to Title 51 RCW to the extent necessary to extend its
obligations under this paragraph to any claim, demand, or cause of action brought by or
on behalf of any employee, including judgments, awards and costs arising therefrom
including attorney's fees.
D. To the extent permitted by law, and except to the extent caused by the sole
negligence of the County, the City agrees, at its expense, to pay, and to indemnify and
hold the County, its officers, employees or agents harmless of, from and against, any and
all claims, damages, demands, losses, liens, liabilities, penalties, fines, taxes, lawsuits and
other proceedings and costs and expenses (including attorneys’ fees) of every
conceivable kind, character or nature whatsoever, arising directly or indirectly from or
out of, or in any way connected with any examination or audit of any Bond issued to
finance or refinance costs of any Bond-financed Project identified in Exhibit A as well as
Bond-financed Projects identified in subsequent amendments to this agreement by the
Internal Revenue Service, or any determination by the Internal Revenue Service or a
court of competent jurisdiction that the interest on any such Bond is or should be subject
to federal income taxation; provided, however, that the City shall not be liable for any
payment made by the County with respect to any settlement of any such examination or
AGENDA ITEM # 8. a)
11
audit, or of any other proceeding related thereto, entered into without the consent of the
City.
Section 8.2 -- Amendment. The parties reserve the right to amend or modify this
agreement. Amendments or modifications to disburse proceeds approved by the County
Council must be by written instrument signed by the parties substantially in the form of
Exhibit C. Other amendments also must be approved by the respective City and County
Councils.
Section 8.3 -- Contract Waiver. No waiver by either party of any term or
condition of this agreement shall be deemed or construed to be a waiver of any other term
or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any
subsequent breach whether of the same or different provision of this agreement. No
waiver shall be effective unless made in writing.
Section 8.4 -- Entirety. This agreement is the complete expression of the terms
hereto and any oral representations or understandings not incorporated are excluded.
This agreement merges and supersedes all prior negotiations, representations and
agreements between the parties relating to the Project and constitutes the entire
agreement between the parties. The parties recognize that time is of the essence in the
performance of the provisions of this agreement.
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed
their names in the spaces set forth below:
AGENDA ITEM # 8. a)
12
KING COUNTY CITY OF RENTON
____________________________ ________________________
Dow Constantine Armondo Pavone
King County Executive Mayor
Date: _________________ Date: _________________
Acting under the authority of Acting under the authority of
Ordinance 18978 Resolution ______
Approved as to form: Approved as to form:
____________________________ ________________________
Dan Satterberg Shane Moloney
King County Prosecuting Attorney City Attorney clb 2-25-21 1468
AGENDA ITEM # 8. a)
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EXHIBIT A
2021 CONSERVATION FUTURES LEVY
CITY OF RENTON ALLOCATION
Jurisdiction Project Allocation
Renton May Creek Fawcett ROFR $305,181
TOTAL $305,181
Project Description:
Project #1138988: Renton – May Creek Fawcett ROFR
The City of Renton is working to further expand the May Creek Greenway on its
westernmost extent, between I-405 and Lake Washington Boulevard. Renton, in
partnership with King County and Newcastle, have been assembling properties along
May Creek for over 30 years to create a continuous soft-surface trail and natural area
corridor from Lake Washington to Cougar Mountain Regional Wildland Park. The
proposed acquisition of the 0.32-acre parcel may offer new local trail connections; May
Creek Greenway trails are planned that would cross under I-405 and Lake Washington
Boulevard in the future. Project funding was authorized in King County Ordinance
19210.
Is this a Bond-financed Project? Yes
AGENDA ITEM # 8. a)
14
EXHIBIT B
Tax Covenants
The City acknowledges that proceeds provided by the County for the Project may be
proceeds of Bonds subject to certain requirements of the Tax Code. The City will take all
actions with respect to the Project, and proceeds received for the Project, necessary to
assure the exclusion of interest on the Bonds from the gross income of the owners of the
Bonds, including but not limited to the following:
(a) Expenditure of Proceeds. The City will expend proceeds of the Bonds
received from the County for capital expenditures for federal income tax purposes within
the meaning of Section 1.150-1(b) of the Tax Code. Bond proceeds may be expended to
pay, or reimburse the City for, Project capital expenditures or to repay interim indebtedness
incurred for capital expenditures of the Project.
(b) Notice. The City will provide notice of action taken or planned to issue any
tax-exempt indebtedness, including bonds, bank loans, or other tax-exempt indebtedness,
to finance Project costs.
(c) Treatment as Grant.
(1) The City is a governmental entity possessing substantial taxing,
eminent domain and police powers and constituting a political
subdivision of the State.
(2) The City is not acting as an agent of the County.
(3) The grant of proceeds for the Project does not impose any obligation
or condition to directly or indirectly repay any amount to the County
(excluding obligations or conditions intended solely to assure
expenditure of the transferred moneys in accordance with the
governmental purpose of the transfer).
(4) The grant is required to be used for open space as required under
Article II but does not impose any conditions relating to the use of the
Project or other property of the City by the County or any of its
agencies or authorities.
(5) This agreement is a grant agreement.
(d) Limitations on Disposition of Project. The City will not sell or otherwise
dispose of any components of the Project without prior approval by the County and
compliance with timeframes for completion of land replacement or cash reimbursement as
provided in Section 6.4.
(e) Record Retention. The City will retain its records of all accounting and
monitoring it carries out with respect to the Bond proceeds received and with respect to the
AGENDA ITEM # 8. a)
15
Project for at least three years after the Bonds mature or are redeemed as provided in the
amendment granting such Bond proceeds to the City.
(f) Cooperation. The City will provide tax certificates when and as requested by
the County or County’s bond counsel in order to establish or maintain the tax-exempt status
of the Bonds. The City will cooperate in any audit of the Bonds by the Internal Revenue
Service, including disclosure of any record, contracts and other materials relating to the
Bond proceeds received by the City and the Project.
AGENDA ITEM # 8. a)
16
EXHIBIT C
AMENDMENT TO THE CONSERVATION FUTURES
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF ________
FOR OPEN SPACE ACQUISITION PROJECTS
Preamble
The King County Council, through Ordinance 9128, has established a Conservation
Futures Levy Fund and appropriated proceeds to King County and certain cities. This
amendment is entered into to provide for the allocation of additional proceeds made
available for open space acquisition.
THIS AMENDMENT is entered into between the CITY OF and
KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal
Cooperation Agreement entered into between the parties on the _____ day of (Month),
(Year), as previously amended.
The parties agree to the following amendment:
The Interlocal Cooperation Agreement is hereby amended by adding Exhibit 1, attached
hereto.
In all other respects, the terms, conditions, duties and obligations of both parties shall
remain the same as agreed to in the Interlocal Cooperation Agreement as previously
amended.
Once fully executed, this Amendment shall be incorporated into the existing Interlocal
Cooperation Agreement as if fully set forth, and shall become Amendment __.
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed
their names in the spaces set forth below:
KING COUNTY CITY OF ________
____________________________ ________________________
Dow Constantine
King County Executive Mayor
Date: _________________ Date: _________________
Approved as to form: Approved as to form:
AGENDA ITEM # 8. a)
17
____________________________ ________________________
Dan Satterberg
King County Prosecuting Attorney City Attorney
AGENDA ITEM # 8. a)
18
EXHIBIT 1
[YEAR] CONSERVATION FUTURES LEVY PROCEEDS
CITY OF ________ ALLOCATION
Jurisdiction Project Name (Project Number) Allocation
[City Name] [Project Name] ([Project
Number])
$
TOTAL $
Project Description:
[Project Number] [City Name] – [Project Name]
[Project Description used in legislation approving proceeds]
Is this a Bond-financed Project?
AGENDA ITEM # 8. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON; REORGANIZING
CHAPTER 3‐1 OF THE RENTON MUNICIPAL CODE BY MOVING THE CITY CLERK’S
OFFICE TO THE EXECUTIVE DEPARTMENT AND ADDING THE EMERGENCY
SERVICES DIVISION TO THE EXECUTIVE DEPARTMENT BY MOVING SUBSECTION
3‐4‐5.C “CITY CLERK OFFICE” TO SECTION 3‐1‐4 OF THE RENTON MUNICIPAL
CODE, AMENDING THE LANGUAGE, AND RENAMING IT “CITY CLERK DIVISION;”
ADDING A NEW SECTION 3‐1‐8 “EMERGENCY MANAGEMENT DIVISION” TO
CHAPTER 3‐1 OF THE RENTON MUNICIPAL CODE; AND REPEALING SUBSECTION
3‐4‐5.C OF THE RENTON MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Section 3‐1‐4 of the Renton Municipal Code is amended as follows:
3‐1‐4 RESERVED CITY CLERK DIVISION:
A. Division Established and Appointment: There is hereby established the
division of the City Clerk. The position of City Clerk shall be filled by appointment
by the Mayor, subject to confirmation by a majority of the City Council.
B. Duties: The City Clerk shall have all of the powers granted and duties
imposed by authority of the laws of the state of Washington and ordinances of the
City now existing or subsequently adopted. The City Clerk shall be a full‐time, non‐
civil service position who shall be in charge of the City Clerk Division. The City
Clerk, or deputy as assigned by the City Clerk, shall attend all meetings of the City
Council and keep a complete record of the proceedings thereof; and have custody
of the City’s seal, the original roll of ordinances, the original contracts, deeds and
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
2
certificates relative to the title of any property of the City and such other
documents as are required to be deposited with the City. The City Clerk, or deputy
as assigned by the City Clerk, shall attest all public instruments and official acts of
the Mayor and shall provide certified copies of original records as may be required
and make such charge therefor as provided by the City of Renton Fee Schedule.
The City Clerk, or deputy as assigned by the City Clerk, shall accept service for the
City during normal office hours pursuant to RCW 4.28.080(2).
C. Qualifications: The City Clerk must have those qualifications deemed
necessary for this job by the Mayor, indicated on the City’s City Clerk job
classification.
D. Designation of Public Records Officer:
1. The Public Records Act, Chapter 42.56 RCW, requires that all state and
local government agencies “appoint and publicly identify a public records officer
whose responsibility is to serve as a point of contact for members of the public in
requesting disclosure of public records and to oversee the agency’s compliance
with the public records disclosure requirements” under Washington law.
2. The City Clerk or designee is hereby designated as the public records
officer for the City of Renton. Members of the public may direct requests for
disclosure of public records of the City of Renton to:
City Clerk
City Clerk’s Office
7th Floor, Renton City Hall
1055 S. Grady Way,
Renton, WA 98057
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
3
3. Notice of the designation of the City of Renton’s public records officer
shall be made in a manner reasonably calculated to provide notice to the public of
such designation, said notice to include, but not be limited to, the following:
posting at City Hall and other City of Renton buildings, posting on the City’s
Internet web site, regular broadcasting on the City’s government cable television
channel, and inclusion in appropriate City publications.
SECTION III. Chapter 3‐1 of the Renton Municipal Code is amended to add a new
section 3‐1‐8 to read as follows:
3‐1‐8 EMERGENCY MANAGEMENT DIVISION:
The Emergency Management Division shall be responsible for City‐wide
emergency migration, preparedness, response, and recovery programming.
SECTION IV. Subsection 3‐4‐5.C of the Renton Municipal Code is repealed in its entirely
and marked “Reserved.”
C. Reserved. City Clerk Office:
1. Office Established And Appointment: There is hereby established the
office of the City Clerk. The position of City Clerk shall be filled by appointment by
the Mayor and confirmation by a majority of the City Council.
2. Duties: The City Clerk shall have all of the powers granted and duties
imposed by authority of the laws of the state and ordinances of the City now
existing or subsequently adopted. The City Clerk shall be a full‐time, non‐civil
service position who shall be in charge of the City Clerk’s Office. The City Clerk, or
deputy as assigned by the City Clerk, shall attend all meetings of the City Council
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
4
and keep a complete record of the proceedings thereof; and have custody of the
City’s seal, the original roll of ordinances, the original contracts, deeds and
certificates relative to the title of any property of the City and such other records
or documents as are required to be deposited with the City. The City Clerk shall
attest all public instruments and official acts of the Mayor and shall provide
certified copies of original records as may be required and make such charge
therefor as provided by ordinance.
3. Qualifications: The City Clerk must have those qualifications deemed
necessary for this job by the Mayor, indicated on the City’s City Clerk job
classification.
SECTION V. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION VI. This ordinance shall be in full force and effect thirty (30) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2021.
Jason A. Seth, City Clerk
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
5
APPROVED BY THE MAYOR this _______ day of _____________________, 2021.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2158:2/24/2021
AGENDA ITEM # 8. b)