No preview available
HomeMy WebLinkAboutCouncil 05/11/2009AGENDA RENTON CITY COUNCIL REGULAR MEETING May 11, 2009 Monday, 7 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION: Salvation Army Week - May 11 to 15, 2009 4. PUBLIC HEARING: Potential temporary closure of Benson Rd. S. - City Hall to Eagle Ridge Dr. 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 7. 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 5/4/2009. Council concur. b. Community and Economic Development Department submits proposed 2009 Title IV Docket and the Comprehensive Plan amendment lists for the annual review process. Refer to Planning and Development Committee and Planning Commission. c. Community Services Department recommends approval of a contract in the amount of $90,000 with Gyroscope, Inc. to develop a Museum Master Plan. Refer to Finance Committee. d. Community Services Department recommends approval of a Puget Sound Energy Conservation Grant to accept $257,988 for heating, ventilation, and air conditioning (HVAC) upgrades at the 200 Mill Building. Council concur. e. Transportation Systems Division recommends approval of the City of Renton Trails and Bicycle Master Plan. Council concur. (See 9. for resolution.) f. Transportation Systems Division recommends approval of a contract in the amount of $32,736 with Rao Associates, Inc. for transportation modeling services to support the Community and Economic Development Department's traffic impact study. Council concur. g. Utility Systems Division recommends approval of a sole source contract in the amount of $53,315.55 with Whitworth Pest Solutions, Inc. for the 2009-2010 Mosquito Abatement Program. Council concur. h. Utility Systems Division submits CAG-07-072, Central Plateau Interceptor Section 2; and requests approval of the project, authorization for final pay estimate in the amount of $8,175, commencement of 60-day lien period, and release of retained amount of $103,163.47 to Rodarte Construction, Inc., contractor, if all required releases are obtained. Council concur. (CONTINUED ON REVERSE SIDE) 8. 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 topic may be held by the Chair if further review is necessary. a. Finance Committee: City Center Community Plan Contract with MAKERS architecture + urban design 9. RESOLUTIONS AND ORDINANCES Resolution: Adopting the City of Renton Trails and Bicycle Master Plan (See 7.e.) Ordinance for first reading: Street repair policies and regulations (Council approved via Transportation (Aviation) Committee report on 4/13/2009.) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) COUNCIL CHAMBERS May 11, 2009 Monday, 6:00 p.m. Legislative Wrap-up; Trails and Bicycle Master Plan • 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 AND ARE RE- CABLECAST TUES. & THURS. AT 11 AM & 9 PM, WED. & FRI. AT 9 AM & 7 PM AND SAT. & SUN. AT 1 PM & 9 PM CITY OF RENTON COUNCIL AGENDA BILL submitting Data: Dept/Div/Board. Department of Community & Economic Development/Planning Staff Contact... Chip Vincent, x6588 subject: 2009 Title IV Docket and Comprehensive Plan Amendments Review • Issue Paper • 2009 Title IV Docket Amendments List • 2009 Comprehensive Plan Amendments Summaries Al #: May 11, 2009 Consent .............. Public Hearing. Correspondence. Ordinance ............. Resolution........... . Old Business... New Business... Study Sessions...... Information........ . Recommended Action: Approvals: Refer to the Planning and Development Committee and Legal Dept......... the Planning Commission. Finance Dept...... Other. Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget N/A City Share Total Project.. X SUMMARY OF ACTION: Begin the 2009 Title IV Docket and Comprehensive Plan Amendments review. This year, there are three private CPA applications: MLDC, QIP, and Virtu (#2009-M-03), Valley View Mobile Home Park (#2009-M-04); and John Cowan (#2009-M-05) and six City initiated CPAs. All 2009 Title IV Docket Amendments and 2009 Comprehensive Plan Amendments are shown in the attached tables. Approve for Planning Commission review and recommendation the 2009 Title IV Docket and Comprehensive Plan Amendment proposals as presented I:\AGENDA BILLS PAPERS\2009 Docket and CPA Agenda Bill.doc DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ♦ '_ M E M O R A N D U M DATE: May 4, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: - Denis Law, Mayor FROM: A�c Alex Pietsch Administrator STAFF CONTACT: C. E. "Chip" Vincent, Planning Director (x6588) SUBJECT: 2009 Title IV Docket and Comprehensive Plan Amendments Review ISSUE: Should the 2009 Title IV Docket and Comprehensive Plan Amendments be referred to the Planning & Development Committee and the Planning Commission? RECOMMENDATION: Refer the 2009 Title IV Docket and Comprehensive Plan Amendments to the Planning and Development Committee and Planning Commission for review. BACKGROUND SUMMARY: RMC 4-8-07OG outlines the types of review the Planning Commission shall conduct. The review of the Comprehensive Plan and Land Use Regulations (Title IV Docket) processes are both specifically listed. Land Use Regulations review occurs upon Council request. The Planning Commission will make recommendations regarding both the Comprehensive Plan Amendments and Land Use Regulations to the Council. Final recommendation of the Comprehensive Plan Amendments and Title IV Docket will be the authority of the Council. Title IV Development Regulations This process is codified in RMC 4-9-025, Title IV Development Regulation Revision Process. Staff has compiled a series of amendments to Title IV of the Renton Municipal Code (Development Regulations) that includes oversights made in previous Title IV updates, implements administrative determinations, and initiates several new policy/code review projects. The compiled list of amendments includes 31 City staff initiated applications, as shown in the 2009 Title IV Docket Amendments Table. H:\CED\Planning\Title IV\Docket\2009 Docket and CPA Issue Paper.doc Marcie Palmer, Council President Page 2 of 2 May 4, 2009 Comprehensive Plan Amendments The Growth Management Act limits processing of Comprehensive Plan amendments to an annual review cycle. The public review process will begin at the Planning Commission upon referral of these amendments. The City received three private Comprehensive Plan Amendment requests and six City - initiated requests, totaling four map amendments and five text amendments for the 2009 review cycle, as shown in the 2009 Comprehensive Plan Amendments Table. CONCLUSION: The proposed schedule for review of these Title IV Docket Amendments and Comprehensive Plan Amendments is for the Planning Commission review to occur throughout 2009. h:\ced\planning\title iv\docket\2009 docket and cpa issue paper.doc 2009 Title IV Docket Amendments updated 03112109 General Items O-A1 Q u t a City sn,.,,,r a .,a.Aents auFee.,_Completed by Ord.5391, eff 07/21/2008 D-02 Review where City wants indoor recreation uses - Vanessa D-03 Simplify UCN codes based on Landing experience - Kris D-04 Consider setback modifications through site plan review for commercial zones - Rocale D-05 Walls with fences and hedges regulations - Kris D-06 Downtown sign code revision — Part of Community Plan D-07 Alley requirements in RC, R-1, and R-4 zones - Kris D-08 Stream reclassification - Honey Creek - Jennifer D-09 Tent City Provisions - Kris D-10 Helipads - Erika D-11 Allow Live/Work Units in CN, R-14... - Kris D-12 Reduce additional lot needed to have 4th pet to match medium domestic (7,500 sq ft) and allow outright medium and large lot animals with certain lot sizes — no need for Additional Animals Permit - Angie D-13 Strengthen and develop provisions for code enforcement; develop a minimum property maintenance code - Jennifer & Erika D-14 Re-evaluate activities which would be a Tier 1 or Tier 2 Temporary Use Permit - Kris r Qn..i.-n Ad-MiRiSt Fativn De ieiirnry ents _ lennifnr D-16 Comprehensive Plan and Title IV Amendments Process - Erika D-28 Review definitions and use of "attached units" and "townhomes" language - Erika D-29 FAR for Residential Development - Erika D-30 Review the definition of "lot" - Erika Sign Kiosks (on hold) D-31 Extension of period of validity for subdivision and land use applications - Laureen D-32 SEPA exemption threshold changes - Ion D-33 Re-evaluate parking standards - Kris Items related to Fees - Laureen (PRIORITY) D-17 Review $75 appeal fee, Simplify school impact fees section, Eliminate annexation fees, New Development Fees, Ongoing Fee for Critical Areas Review Impact Fees Items related to Landscaping Requirements - Kris & Jennifer D-18 Street trees, Exemption in 4-4-430C3 for tree removal in the road right-of-way, Add definition of sight -obscuring landscaping Landscaping codes Items related to Submittal Requirements - Laureen 7 Submittal requirements for stream mitigation plans, Change submittal requirements to allowed 2 ft contours in 4-8-120C and D, Review table 4-8-120C, including need for PMTs H:\CED\Planning\Title IV\Docket\Amendments Numbers & Assignments.doc Page 1 of 2 Items related to Street Standards - Kris D-20 Complete street standards, Curb cut width in residential zones Items related to Design - Rocale D-21 Add "down light" pedestrian -scale lighting standards to the Highlands design regulations Items related to CD Zone - Vanessa D-22 7Minimum density requirement in CD zone Items related to Housing - Angie D-23 Cottage housing / Small Lot Design Rules, Accessory dwelling units, and Residential design standards Items related to Bulk Standards and Definitions - Jennifer D-24 Revise net density definition to exempt protected slopes created by previous development, Height Measurement (existing grade, top plate) Items related to Process Improvement - Laureen D-25 Clarification of docket process and definitions Efficiency revisions including: impact fees, surface water standards, SEPA thresholds, Conditional Use revisions, Hearing Examiner processes Require site plan review for IH Zone Items related to Site Development - Kris D-26 Low impact development and green building Items related to Streamlining Code - Laureen D-27 Do not apply design by district, but by use/type Consolidate unnecessary zone classifications (CN & CV, RC & R-1, and RM-F, T, & U) Consistent, more organized framework Correctly classify commercial and center zones Take out submittal standards Revise Table of Contents to reflect figure list Clear process for Director's Rules Put Director's Rules into Development Regulations Identify and make better use of graphics and tables Get rid of notes Group information and the associated standards together, in one place Remove second set of definitions — put all in one place Put in a Users Guide (eg. How to Submit a SEPA Comment) Page 2 of 2 2009 COMPREHENSIVE PLAN AMENDMENTS P M Y Filelo a �In>Itiatedby/ Option of Amendment p AppUcart - 9 #2009-M-01 City of Renton Establishing appropriate land use designations for the West Hill potential annexation area #2009-M-03 Merlino Land Development Re -designate the MLDC property from RMD and Co, Quarry Industrial Park, RLD to EAV and CO, and the QIP and Virtu & Virtu Sunset View properties from RMD and RLD to EAV and IL. #2009-M-04 Valley View Mobile Park Re -designate the Valley View Mobile Home Park LLC & City of Renton from RLD to RMD or RS. The City amended the proposal to include the Summerfield neighborhood with a re -designation from RLD to RS. #2009-M-05 John Cowan Re -designate property from RLD to RS. Property was changed to current land use by City -initiated CPA in 2006. '� TEXT IV�ENDMENTS File.iVo Initiated;by/ Compretiensive Descnptron o#:Amendment .4 Applicant Plan,Element #2009-T-01 City of Renton Capital Facilities #2009-T-02 City of Renton Community Add policies to guide the public Planning participation process and replace map showing boundaries of each Community Planning area. #2009 T 03 Git y e f Renten Eny*Fewn .. t4, Land Use, ap,4 Arid r r aFdiAg elimate pelmey statemeAtS e. #2009-T-04 City of Renton Community Review of Elements for 2011 update. Design, During this cycle, three Elements will be Environmental, amended. and Land Use #2009-T-05 City of Renton Land Use Amend Policy LU-279 to increase the density in the COR land use designation. #2009-T-06 City of Renton Shoreline Addition of a Shoreline Master Program Master Element which will contain all policies of Program the Renton's Shoreline Master Program. H:\CED\Planning\Comp Plan\Amendments\2009\Admin\Summary Table.doc CITY OF RENTON COUNCIL AGENDA BILL AI #: r co Submitting Data: For Agenda of: Dept/Div/Board.. Community Services/Museum Division May 11, 2009 Agenda Status Staff Contact...... Elizabeth P. Stewart, 425.255.2330 Consent .............. X Public Hearing... Subject: Museum Master Plan Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Exhibits: Issue Paper Study Sessions....... Consultant Agreement Information......... Scope of Work Payment Schedule Recommended Action: Approvals: Refer to Finance Committee Legal Dept......... X Finance Dept...... Other ............... Expenditure Required... $90,000.00 Transfer/Amendment....... Amount Budgeted.......... $100,000.00 Revenue Generated......... Total Project Budget $90,000.00 City Share Total Project.. SUMMARY OF ACTION: The Museum Master Plan represents an important opportunity to develop a comprehensive plan for the next 15 years of all aspects of museum operations, from financial sustainability to visitor experience to collections care. Gyroscope Inc. is an award -winning museum planning and design company that was selected from among ten (10) proposals as the firm that has the demonstrated experience, creativity, and ability to customize a plan that will provide a path to future success for the Renton History Museum. The 2008 Carry Forward Ordinance includes $100,000 to complete the Master Plan. Staff recommends authorizing the Mayor and City Clerk to execute the agreement with Gyroscope Inc. for $90,000. STAFF RECOMMENDATION: • Authorize the Mayor and City Clerk to execute the agreement with Gyroscope, Inc. for a Museum Master Plan for the Renton History Museum. CADocuments and Settings\BWalton\Local Settings\Temporary Internet Files\Content.Outlook\X7DZYUNA\AgendaBill_MuseumMasterPlan.doc 1 ), I COMMUNITY SERVICES DEPARTMENT , 7R M E M O R A N D U M DATE: April 30, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: J✓ Denis Law, Mayor FROM. Terry Higashiyama, Community Services Administrator �- STAFF CONTACT: Elizabeth P. Stewart, Museum Manager, 425.255.2330 SUBJECT: Museum Master Plan Issue• Should the Mayor and City Clerk be authorized to execute a final agreement with Gyroscope, Inc. for the development of a Museum Master Plan for the Renton History Museum? Recommendation: Authorize the Mayor and City Clerk to execute an agreement with Gyroscope Inc. in the amount of $90,000.00 for the Museum Master Plan. Background: • In 2005 Council authorized $100,000.00 to hire professional museum planners to develop a Museum Master Plan for the Renton History Museum. • In 2005-2006 the Museum underwent an administrative transition, as the former Museum Supervisor left his position in September 2005 and Elizabeth P. Stewart came on as Museum Supervisor (later Manager) in April 2006. At the same time, the Department of Community Services underwent an administrative transition, with Administrator Terry Higashiyama starting in May 2006. • The 2006 Carry Forward Ordinance contained the $100,000.00 for the Master Plan, as did the 2007 and 2008 Carry Forward Ordinances. • In summer and autumn 2007 the Museum completed two federal grant -funded assessments that will provide background technical information useful to the Master Plan process. The American Association of Museums (AAM) awarded the Museum a CMAP (Collections Management Assessment Program) grant to analyze collections care and policies. The Institute for Museum and Library Services (IMLS) and . Heritage Preservation gave the Museum a CAP (Conservation Assessment Program) grant to bring in an object conservator and preservation architect to analyze the O:\Museum\Museum\Master plan\contract\issuepaper_masterplan2.doc Council President Randy Corman Page 2 of 2 April 30, 2009 Museum's artifacts and historic building. These three consultants provided detailed final reports with recommendations for improvements. In June 2008 Elizabeth P. Stewart assembled a Master Plan Steering Committee to assist in the formulation of a Scope of Work and Request for Proposals, and to participate in the development of the Master Plan itself. The fifteen (15) members include: Councilmember Terri Briere; representatives from the Facilities Division, Community and Economic Development Department, and the Renton Historical Society Board of Trustees; Fire Chief 1. David Daniels; Chamber of Commerce President Bill Taylor; and Renton History Museum staff, volunteers, and donors. • In October 2008 the Master Plan RFP was published in the Journal of Commerce and was forwarded by email to a comprehensive list of museum planners. The RFP was also available for download from the City website. The Museum received ten (10) responses to the RFP. Responses were evaluated by a subcommittee from the Master Plan Steering Committee according to a rubric, and narrowed to two (2) for a telephone interview. These two firms were interviewed by the committee on December 1 and 3, and Gyroscope Inc., a planning and design firm based in Boston, MA and Oakland, CA, emerged as the firm with the experience and ability to develop a Museum Master Plan to best meet Renton's needs. The full Steering Committee reviewed the recommendation of the subcommittee and approved its recommendation. Gyroscope Inc. is an award -winning museum planning and design company that has extensive experience with all phases of visitor experience planning and exhibition design. The firm prides itself on an approach that recognizes that each museum has its own unique assets and needs. They are known for their creativity, their ability to develop customized solutions, and their interest in lifelong learning and education. They have worked for the Boston Museum of Science, the Children's Museum in Chicago, the Exploratorium, and the Bay Area Discovery Center, among many others. Their website is www.gyroscopeinc.com. Conclusion: The Museum Master Plan represents an important opportunity to develop a comprehensive plan for the next 15 years of all aspects of museum operations, from financial sustainability to visitor experience to collections care. The fact that the plan will be developed during a serious economic downturn will enable the Museum to be poised to take full advantage of the recovery. Gyroscope Inc. has the demonstrated experience, creativity, and ability to customize a plan that will provide a path to future success for the Renton History Museum. C: Jay Covington, Chief Administrative Officer Iwen Wang, Finance/IS Administrator O:\Museum\Museum\Master plan\contract\issuepaper_masterplan2.doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this , day of , 2009, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and Gyroscope, Inc. whose address is 283 Fourth St., Suite 201, Oakland, CA 94607, at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Museum Master Plan WHEREAS, the City has not sufficient qualified personnel to provide the Museum l hMer Plan within a reasonable time and the City deems it advisable and is desirous of engaging the ptfessional services and assistance of a qualified professional consulting firm to do the necessary work for the proj*t*d WHEREAS, the Consultant has represented and by entering into this Agreement nowt/:re esents, has a current valid corporate certificate from the State of Washington or has a valid ass = e name filing wrl �,`f Secretary of State and �' N that all personnel to be assigned to the work required under this Agreement are fully quahfido perform the work to which they will be assigned in a competent and professional maer, and that sufficient qualift�edpersonnel are on staff or readily available to Consultant to staff this Agreeme WHEREAS, the Consultant has indicated that it desires to do the PWork set r A iiWhe Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the the parties hereto agree as follows: S covenants contained herein below, The Consultant shall furmsh,jah"d hereby warrants that it 1s s, the necessary equipment, materials, and professionally trained and experienced personnel to faoihtate completion othe work described in Exhibit A, Scope of Work, which is attached hereto sand i 49rporated into this Agreement as„though fully set forth herein. The Consultant shall prepare such ixifses 41 may deem pertinent and necessary. The Consultant shall make such mto�canges, amezxd�� ents or reisiQur�the detail of the work as may be required by the City. This item does not costiuteaa."Extrtork" item as related in Section VIII of the Agreement. The work"shall be verified for acuracy by a coifl'ete check by the Consultant. The Consultant will be held responsiblif&the accuracy of the work, even though the work has been accepted by the City. " " %t ITE4TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Collsttltant copies of documents which are available to the City that will facilitate the preparation of the studies and report within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. Approved 06/07 bh/rev06/07 III OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. Except as limited below, all such material, including working documents, notes, maps, drawings, photos, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by t : e Consultant shall be without any liability whatsoever to the Consultant. 5 , The City recognizes that the Consultant may incorporate previously existing, als, drawings, photos, etc. (Prior Art) that are the property of the Consultant or various third parties. Such Pncr Arrshall remain the property of the Consultant or such third parties. The Consultant will provide the City wi ` fully paid Z , non-exclusive and non- y transferable license for the use of such Prior Art. , All written documents and products shall be printed on re symbol identifying the recycled content of the paper shall printed on both sides of the recycled paper, as feasible. IV TIME OF BEGINNING AND CO The work detailed in the Scope of Work will be per o 6d, a and incorporated herein as though fully set forth. It jS,agree and all products shall be delivered by the Consultant unless 1 control of the Consultant. The Consultant shall not begin w( writing by the City. If, after receYvlrIg Notice to Proceedst13, by factors that are beyond its'eohtrol', the4`Consultant shallc estimate of the time and cost needed to complete the Project, Time schedules are subject to'Mutual agreement for any revi when practicable. Used M t e chasing -arrow aever�nracticable. All doR0_&nts>will be ding to Exhiaif ofA; Scope of Work, attached hereto t-all the Consuff4hVs'services are to be completed tare lelays due,4t factors that are beyond the ndei�heYt s of this Agreement until authorized in risultant is"elayed in the performance of its services the City of the delay and shall prepare a revised submit the revision to the City for its approval. ,unless specifically described as otherwise herein. Delays attributable to or caused by one of the parires hereto ; iiounting to 30 days or more affecting the completion of the work mad be considered a cause for renegotiatlon!9r"termination of this Agreement by the other party. V PAYMENT The Consultanidll be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specscc Jfi¢d in Exhibit B :Cost Schedule. Such payment shall be full compensation for work performed or services rendereall lab materials, supplies, equipment, and incidentals necessary to complete the work. All billings for eompensat[ n for work performed under this Agreement will list dates during which the work was performed and the coin."s tion shall be figured using the Cost Schedule in Exhibit B. Payment for this work shall not exceed $90,000 00 vv' ithout a written amendment to this contract, agreed to and signed by both parties. Payment for work accomplished shall be on the basis of a lump sum agreement, which includes direct salary cost, overhead, and direct non -salary cost. Progress payments may be claimed monthly as supported by detailed statements, for a proportionate amount of the lump sum fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. Approved 06/07 bb/rev06/07 Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VII "EXTRA WORK"). Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the CA yfft a period of three years after final payment, the cost records and accounts pertaining to this Agreement art l alI items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expir at t on`of the three-year retention period, the records shall be retained until all litigation, claims or audit fin az 's in, e g the records have been resolved. The three-year retention period starts when the Consultant rec . final p t VI CHANGES INWORK , b N � The Consultant shall make all such revisions and changes rn thi c'hi Dleted wotk of this Agreeme as are necessary to correct errors appearing therein, when required to do so by the witp' tadditional compensition. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as"' ected by the City in writing. This work shall be considered as Extra Work and will Vee paid` Yfor-as provided in See sptr VII? The City may desire to have the Cons addition to or other than wd k provid( considered as Extra WAY €will be thereof. Work under a supple 'hash whether work is Extra Work or work° undertaken Pq rinftbb�,of the work by the Consultant for cofter1`,ation a VII rform work sir render services in connection with the Project in the expressed intent of the Scope of Work. Such work will be I in a written sup lejnent which will set forth the nature and scope oceed until authorized in writing by the City. Any dispute as to oI... f d.underfthis Agreement shall be resolved before the work is ,'ongfiliafit,pnor to resolution of any such dispute shall waive any claim Work. VIII EMPLOYMENT The Consultant wax "ants that employed or retained any company or person, other than a bona fide employee working oly for the C sultant, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, otherhan a bona fide employee working solely for the Consultant, any fee, commission, percentage,�b olera e fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract �aor breach or violation of this warranty, the City shall have the right to annul this Agreement without liabilrt ; or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. Approved 06/07 bh/rev06/07 The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. IX NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applieant or employment or for services because of race, creed, color, national origin, marital status, sexual orientation; seg or handicap except for a bona fide occupational qualification with regard to, but not limited to thely, owing: e ployment upgrading; demotion or transfer; recruitment or any recruitment advertising; layo:, x`. o� tormination "',if, t0s of pay or other forms of compensation; selection for training; rendition of services. The, onsu t�ant understands a agrees that if it violates this Non -Discrimination provision, this Agreement maybe terminated by the City an "tther that the Consultant shall be barred from performing any services for the pity now oilin the future, unless'-, owil is made ,� satisfactory to the City that discriminatory practices have terminat d'and that° e urrence of such actib i is unlikely. X TERMINATION OF AGREEMENT y5 A. The City reserves the right to terminate�this Agreement at any time upon,not less than ten (10) days ft written notice to the Consultant, subject to the' iy's obligation to payrConsultant in accordance with subparagraphs C and D below. r B. In the event of the death of a,member, partner;or officer of the Consultant, or any of its supervisory personnel assigned to the p�alect, the surviving members of the Consultant hereby agree to complete the work under the fens of this'Ag-Bement, if requested to do so by the City. This section shall not be a bar to renegotiat`ionsi� tlrs Agree nt between surviving:,members of the Consultant and the City, if the City so chooses. r ,,h 9 In the eve f the death of any of the part e's.jj sted in the previous paragraph, should the surviving members ofRfhe Co nsultant,1�ttfb,the City's concurrence, desire to terminate this Agreement, payment shall be made as s"et Earth in Subsection C of this section. C. In ��e event this Agre dent is terriiiated by the City other than for fault on the part of the Consultant, a fine payment shall be inrzde to the Consultant for actual cost for the work complete at the time of ternunatpp of the Agreement, plus the following described portion of the net fee. The portion of the net fee for �hxci.the Consul�,,U'nt shall be paid shall be the same ratio to the total net fee as the work complete .. is to the tota ©rk required by the Agreement. In addition, the Consultant shall be paid on the same basis as abov o a authorized extra work completed. No payment shall be made for any work completed after I (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete Approved 06/07 Wrev06/07 the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a wager by the City of any remedies of any type it may have against the Consultant for any breach of this Agrerent by the Consultant, or for failure of the Consultant to perform work required of it by the +try. Fo e rance of any rights under the Agreement will not constitute waiver of entitlement to exercise ose righ ill respect to any future act or omission by the Consultant. V41 In the event that either party is required to institute legal action or Agreement, both parties agree that any such action shall be brought Washington, situated in King County. The Consultant shall exercise professional care in its efforts toC6mp laws and ordinances in effect at thOftue,of this nreem Wit: which are Agreement. This contract The Consultant agrees t6"i liabilities, or damages to the under this Agreement provk hold harmless the City"flom employees Further, the`', are caused by or result front llie e� its agentsaofficers, and employee negligence shall=be valid and enfc and constrdW in iforce any of itrights in this Court of the State of Government, State and local Able to the work to be done under this with the laws of Washington. and 01the City and its,officers and employees harmless from losses, hat tiey`are caused by theConsultant's negligent acts, errors, or omissions 10thing h�i dm shall re�q We the Consultant to indemnify the City against and i .btliies, or d"a'�riagbased upon the conduct of the City, its officers, or ha$llxrkot�be required to indemnify and hold harmless the City if claims or suits mrreri �egI' e of (a) the Consultant's agents or employees and (b) the City, Chis pro sdvn'with respect to claims or suits based upon such concurrent able only,fo the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees eK-6dOpt as limited below. The Consultant shalls`:ure general' lability, property damage, auto liability, and professional liability coverage in the amount of $1.0 I1 o with eneral Aggregate in the amount of $2.0 million, unless waived or reduced by the City. The Consultant shallttljn t a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton will be named as Additional Insured(s) on Consultant's policy, with that coverage being primary and non-contributory with any other policy(ies) available to the City. A copy of the endorsement shall be provided to the City. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all Approved 06/07 bh/rev06/07 required coverages in full force and effect during the life of this project, and a minimum of forty five days' written notice shall be given to the City prior to the cancellation of any policy. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The Consultant shall verify, when submitting first payment invoice and annually City of Renton business license while conducting work for the City. The Consul verification upon request, that all subconsultants participating in a City project p business license. The Consultant's relation to the City shall be at all times asA It is further specifically and expressly understood that the mdemffilfication p Consultant's waiver of immunity under the Industrial Insurance Ace, <l RCW, indemnification. This waiver has been mutually negotiated bygloie p ies. The I survive the expiration or termination of this agreement. , "' XIII '. SUBLETTING OR ASSIGNING The Consultant shall not sublet or assign any of the work covered by the City. This document and referer parties. Any supplements No agent, or representative for, any statement, reps se modifications of the terms to this Agreement The invali}dity or and thisA, eem( AG fter, possession of a current ill require, and provide a current City of Renton adent contractor. herein constitute the )r the purposes of this s, of this section shall without the express consent of ents contain all co',' nts, stipulate ''ns, and provisions agreed upon by the FK%rner%t will be in writing and executed and will become part of this Agreement. rty leas authority to make, and the parties shall not be bound by or be liable rose; or agreement not trth herein. No changes, amendments, or b&V,"alid unless reduce=to writing and signed by the parties as an amendment ly 5.r6yision in this Agreement shall not affect the other provisions hereof, in all rs'pects as if such invalid or unenforceable provision were omitted. Approved 06/07 bh/rev06/07 XV EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all othe terms and conditions thereof. -6, IN WITNESS WHEREOF, the parties hereto have executed this Agreement as O�q, day and year first above written..,, CONSULTANT CITY OF Signature Date D type or print name Title ATTEST: Bonnie I. Walton, Cray Approved 06/07 bh/rev06/07 RESOLUTION NO. 3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the Cit),f_bf�Renton can reasonably accommodate the disability, of employees and applicants for employment r rid fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adheret�the following guidelines: ZAA (1) EMPLOYMENT PRACTICES - The City of RentodA-VillI gttre all employment related activities included recruitment, selection, promotion demotiot training, retention and separation are conducted in a manner which is:based onjob related riteria which does not discriminate against women, minorities and ,tither protected class' `' Human resources decisions will be in accordance with indiv dal performance, staffing requirements, governing civil service rules, and labor contract agreements. 9 P; 10-0 (2) COOPERATION WITH HUMAN RIGHTS''ORGANIZAA,11ONS - The City of Renton will cooperate fully with all organizations and commtsist, A organized to promote fair practices and equal opportunity in employment. (3) Employment Program will Abe representation with the City work shall be the responsibility of ele , department administrators, managi employees to. �y out the polici Affirmative Actioh'ar. and Equal (4) CONTRAGTORS' suppliersv 1 uctir Practices and Non- �Actinn Plan andE Copies ofihis policy shall be distri of the'City, including bid c',;I&And ":; City of Renton,Affirmative Action Plan and Equal ained and administered to facilitate equitable 1d ro assure equal employment opportunity to all. It ficials, the Mayor, the Affirmative Action Officer, p`ervisors, Contract Compliance Officers and all sidelines and tcorrective measures set forth in the �yment Program. kTIONS Contractors, sub -contractors, consultants and with the Citiof Renton shall affirm and subscribe to the Fair qrr policies,'set forth by the law and in the City's Affirmative all City employees, shall appear in all operational documentation ,rormnently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of RENTON, Washington, this 7thday of October, 1996. CITY OF RENTON: iV(ayor ,Attest: City Clerl RENTON CITY COUNCIL: Council President Approved 06/07 bh/rev06/07 H TY � O AFFIDAVIT OF COMPLIANCE ( Name of contractor/subcontractor/consultant/supplier) I. It is hereby confideclares that equal ( Name of contractor/subcontractor/consultant/supplier) �3 opportunity to all qualified employees and applicants forgetiiplo ent witho�uregard to the race, creed, color, sex, national origin, age, disabiJ y or veteran status. applicable ( Name of contractor/subcontractor/consultant/supplier) state and local laws governing non-discrimination in II. When applicable, " will seek out and ( Name of contractor/subcontractor/cons 1#ant/supplier) negotiate with minority and women contra fors for -the awar, 'D r V-4 / # '2 subcontracts. k h. � A 's Name and Title Agent/Representative's Signature Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. Approved 06/07 b1Vrev06/07 Exhibit A Scope of Work Master Plan for the Renton History Museum Task 1: Background Research A preliminary schedule for project meetings, weekly conference calls, agendas, etc. will be worked out. The Renton History Museum will provide Gyroscope with all relevant background materials re: museum operations, including: mission, strategic plan, policies, budget, CAP, MAP I, and C��V.(�,P final reports, annual reports, grant applications, marketing and p r mafehMs" and other appropriate documentation. Gyroscope will review theselmaterials in preparation for kick-off meeting. Goal: Task 1 will provide Gyroscope with a past and current mission and programs, pc resources. a Deliverables: Preliminary meeting and phone check -in Task 2: Project Kick-off Meeting Gyroscope will meet with Museum details, including project iai�spns, expectations, deadline Museum staff, Gyro( and deliverables: Goal: Task 2 Museum's chi internal dvnai standiri90 Museum's and planning d ents, and Learn to -dY scuss specific project �Y commulcation, responsibilities, :t requirements. Together with will develop a schedule of meetings, presentations, 'pewitri-d more detailed understanding of strengths and weaknesses, and the Museum's Meeting with Museum staff, trustees, and Steering Committee, and written; summaries of these meetings • Tour o`f the Museum's current facility and offsite storage facilities • Facilitated discussion with staff covering informal SWOT analysis of current e hibits, programs, collections, outreach, publications, research, technology use, retail, and amenities • Gyroscope will submit a detailed project schedule with due dates for project deliverables, reviews, meetings, and presentations, and a detailed phone check -in schedule Task 3: Community and Stakeholder Interviews When Task 2 is completed, Gyroscope will have a clear understanding of the nature of the Renton History Museum's current internal operations (mission, program, objectives, educational philosophy, and current audience), its Draft Scope Page 1 of 4 Gyroscope Inc / City of Renton, Washington Draft #4, April 28, 2009 resources and priorities, and desired improvements. Based on this knowledge, Gyroscope will determine key stakeholders and community segments for interviews, in consultation with Steering Committee. These interviews may include representatives from: education, key businesses, community groups, other cultural organizations, local political leaders, museum volunteers, members, visitors, and non -visitors. Goal: This task culminates with the completion of eight (8) to ten (10) community and stakeholder interviews which provide insight into community needs and priorities, possible partnerships, appropriate museum programs, and possible funding sources. Deliverables: • Completion of eight (8) to ten (10) interviews b hon` for in person, with individuals and/or groups • Web conference during which Gyroscope � ,"V s their 1 ings to the Steering Committee in PowerPoint preseation. Includes i�nforrnal SWOT analysis and written meeting summates Task 4: Mid -Study Progress Report Gyroscope will incorporate findings broad conceptual approaches to tho'I PowerPoint presentation to the Steed will include implications of each appi growth, organizational pzraori,ties, and provide feedback on preferred 'rectie develop that conceptual framework, i comments. 4,, Each of the two (2) concf • Des4f ptiori of the • Description of the • ,Activity and Ewa el Tasks 1, 2,"and 3 to develop two (2) eum identity"W"will present in a g Committee fordiscussion. Discussion ach for` p'I c.1facility, operational Liriding. Renton History Museum will I;.and Gyroscope will begin to further co°rporating Steering Committee s will include: concept itor Experiences iin References Cb-nceptual Bubble Diagrams • Cu x4culum on"',' ctions (draft matrix only) • Modes�of Oper ti on / Degrees of Change (draft matrix only) Goal: This task ulrninates with the preliminary selection of one conceptual approach for Gyroscope to elaborate. Deliverables: Presentation to City Council and Steering Committee of two (2) possible Conceptual Museum Identities in PowerPoint form Facilitation of discussion of identities Task 5: Preliminary Findings Report With the selection of one conceptual approach in Task 4, Gyroscope will expand on preferred direction by making attendance projections, preparing curriculum Draft Scope Page 2 of 4 Gyroscope Inc / City of Renton, Washington Draft #4, April 28, 2009 connections matrix, and degrees of change chart. In a web conference, Gyroscope will present Preliminary Findings Report in PowerPoint presentation using bullet points, design references, activity references, and charts. Based on this Preliminary Findings Report, Renton History Museum will give final approval for development of identity into Museum Master Plan. Goal: This task culminates with the final selection of one conceptual identity approach for Gyroscope to elaborate as the final Master Plan. Deliverables: Web conference to present Preliminary Findings Report p PowerPoint presentation Task 6: Preparation of Final Master Plan v Upon the completion of Task 5, Gyroscope will have'. final approval as to conceptual approach, which they will then develop into final Master .Plan. Renton History Museum staff and Steering Committee will provide fe�,dback as the plan develops and will provide approval fo final production of Master Plan. Development of final Master Plan will include: • Development of bubble diagrams and preliminary infrastructure requirements for the Museu`ns • Recommendations for renovatn Hof exgtng facility, relocation, or new construction to support emerging plaii�'':^� • Analysis of capital�6urces of support, a capital budget template, and estimates for ex'fiibitionfabrication based on per -square -foot and comps. • Outline of prel urinary o?erating implications of plan, including staffing forecast.NE, Z,' • Development opp a arig�Sc ; arios, based on Museum input. • Revision of diagnih,"I ,space allocations, and infrastructure needs to support identity. • _Recision of te�tcharts, and analysis of read -and -react materials as Goal: This#task culminates with delivery of final Master Plan. Final De Ten (10) f�ncolor copies of bound report, including selected chapters appropriate to share with donors as part of Museum's implementation phase (also provided as a pdf on a CD) Five (5) copies of technical report, including more sensitive information such as financials and technical chapters, which serves as an internal reference document. This is also a full -color bound report (also provided as a pdf on a CD). An Executive Summary of the findings, submitted as a PowerPoint file and as a pdf on a CD. Draft Scope Page 3 of 4 Gyroscope Inc / City of Renton, Washington Draft #4, April 28, 2009 Task 7: Final Presentation Gyroscope will present final Master Plan to Steering Committee City Council in separate face-to-face presentations. Final Deliverables: • Presentation to City Council and Steering Committee of final Master Plan. Goal: This task culminates with final presentation to City Council. Draft Scope Page 4 of 4 Gyroscope hic / City of Renton, Washington Draft #4, April 28, 2009 GYROSCOPE INC. Exhibit "B" Renton History Museum Master Plan COST SCHEDULE Project Phases and Expenses Gyroscope Task Totals Phase #1 $10,000 $10,000 Phase #2 $10,000 $10,000 Phase #3 $10,000 $10,000 Phase #4 $10,000 $20,000 Phase #5 $10,000 $10,000 Phase #6 $10,000 $10,000 Phase #7 $25,000 $25,000 Expenses $5,000 $5,000 Subtotals $90,000 $90,000 Phase #1 to be paid at completion of Tasks 1 and 2 Phase #2 to be paid at completion of Task 3 interviews Phase #3 to be paid at completion of Task 3 presentation Phase #4 to be paid at completion of Task 4 Phase #5 to be paid at completion of Task 5 Phase #6 to be paid at delivery of Task 6 report Phase #7 to be paid at delivery of Task 7 presentation 01-09 Contract 05/07/2009 r CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Public Works Department Dept/Div/Board.. Transportation Systems Division Staff Contact...... Dan Hasty, Transportation Planning, extension 7246 Subject: City of Renton Trails and Bicycle Master Plan Exhibits: Issue Paper Resolution City of Renton Trails and Bicycle Master Plan AI #: , For Agenda of. May 11, 2009 Agenda Status: Consent .............. Public Hearing...... Correspondence.... Ordinance........... Resolution........... Old Business........ New Business....... Study Sessions...... Information......... Other ................ Interlocal 1K/ Recommended Action: Approvep ls: Council Concur Legalt.......... X Finance Dept....... Fiscal Impact: Expenditure Required..... N/A Transfer/Amendment....... Amount Budgeted......... Revenue Generated......... SUMMARY OF ACTION: Council is requested to approve and adopt the first combined City of Renton Trails and Bicycle Master Plan. STAFF RECOMMENDATION: Approve the City of Renton Trails and Bicycle Master Plan and present the resolution regarding this matter for reading and adoption. C:\Documents and Settings\BWalton\Local Settings\Temporary Internet Files\COntent.Outlook\X7DZYUNA\Trails and Bike Master Plan Agenda Bill.doc PUBLIC WORKS DEPARTMENT +a 1 M E M O R A N D U M DATE: April 28, 2009 TO: Randy Corman, Council President Member of the City Council VIA: Denis Law, Mayor FROM: Gregg ZimmermaVPublic Works Administrator STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor (ext. 7248) Allen Quynn, Surface Water Utility Engineer (ext. 7247) SUBJECT: 2009-2010 Mosquito Abatement Program Contract, Whitworth Pest Solutions, Inc., as Sole -Source Provider of Entomologist /Pest Control Consultant Services ISSUE: Should the Council approve the contract, in the amount of $53,315.55, with Whitworth Pest Solutions, Inc., (Whitworth) as a sole -source provider of the 2009-2010 Mosquito Abatement Program to apply adulticide in the areas upland and east of the Panther Creek Wetlands (i.e., Talbot Hill area) and apply larvicide to City stormwater facilities, irrigation facilities and catch basins for the control of mosquitoes? RECOMMENDATION: Approve the contract and authorize the Mayor and City Clerk to execute the 2009-2010 Mosquito Abatement Program contract, in the amount of $53,315.55, with Whitworth as a sole -source provider of pest control consultant services. BACKGROUND: The Surface Water Utility has administered the Mosquito Abatement Program since 1990. A sole -source contract with Whitworth is proposed for the continued use of adulticide to treat adult mosquitoes in the areas upland and east of the Panther Creek Wetlands. In addition, the contract will include the application of larvicide to City stormwater ponds and vaults, irrigation ponds and catch basins. Whitworth has been the sole -source provider of pest control consultant services for the City's mosquito abatement efforts since 1990. Whitworth is the only known, qualified provider of this type of service and is familiar with the overall project area, including the areas where mosquitoes tend to congregate; e.g., access trails, wetlands, springs and adjacent residences. Whitworth also has an experienced entomologist on staff to provide assistance in responding to public inquiries. In accordance with City Policy 250-02, Council/Whitworth Sole -Source Contract April 28, 2009 Page 2 of 3 Section 5.14.3, the Surface Water Utility requests the Mayor's approval to use Whitworth as a sole -source provider for the pest control consultant services contract. Since monitoring began in 2001, last year was the most active in Washington State for West Nile Virus. There were three confirmed human cases of West Nile Virus in the state including one resident from King County. However, it is likely this person contracted the disease while traveling in Eastern Washington. A total of 41 horses and 22 birds in Washington tested positive for the virus in 2008. With the exception of 8 birds, all the animals that tested positive for the virus were from Eastern Washington. According to the Washington State Department of Health, the number of positive cases last year is an indication the virus is becoming well established in Eastern Washington and starting to make inroads into Western Washington. West Nile is a mosquito -borne virus that is spread to humans by the bite of an infected mosquito and not by person -to - person contact. In an effort to reduce the risk of human infection, the City has developed a response plan that includes larviciding City stormwater facilities, irrigation facilities and catch basins, if needed, with Bacillus sphaericus. The response plan will augment the Department of Health program, which emphasizes prevention as the best protection from West Nile Virus. Larvicide treatment will be conducted in accordance with the City's Aquatic Mosquito Control Permit or as directed by the Department of Health. An addendum to the pest control consultant services contract will be executed for the 2010 program in accordance with City policy, provided funds are appropriated by the Council for the program in the 2010 annual budget. The total expenditure required for the 2009 — 2010 Mosquito Abatement Program contract is $53,315.55, and includes the following tasks: Task 1 (Treatment of Panther Creek Wetlands) Whitworth will apply an Environmental Protection Agency (EPA) registered insecticide spray to brush and other upland vegetation, using a gasoline -powered, backpack - mounted, portable fogger. The applications will be conducted at a maximum frequency of twice per week during the months of May through August. Treatment will be conducted in upland areas, away from water or wetland areas, as weather conditions allow, and in accordance with the product label and other local, state and federal requirements. The cost for adulticiding the areas upland and east of Panther Creek is $19,315.80 and will be funded through the approved 2009 Surface Water Utility's Mosquito Abatement Program Capital Improvement Program budget of $50,000. Task 2 (Larvicide Treatment of City Stormwater and Irrigation Facilities and Catch Basins) Larvicide treatment is scheduled to begin July 2009 and will continue for the duration of the mosquito season, which typically extends through the end of September. The contract scope of work and budget covers larviciding stormwater facilities, irrigation H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Program\Contracts\2009-2010 contract issue paper.doc\AQtp Council/Whitworth Sole -Source Contract April 28, 2009 Page 3 of 3 facilities and catch basins. These facilities and catch basins are owned and maintained by the Surface Water Utility, Parks Division, Facilities Division and the Maplewood Golf Course. However, the City must authorize targeted catch basin treatment and the decision to treat will depend on whether there is confirmation of the West Nile Vines in King County. The total cost to treat City stormwater and irrigation facilities and catch basins is $33,999.75 and will be funded as follows: Surface Water Utility — Larvicide treatment to be funded through the approved Surface Water Utility 2009 Capital Improvement Program budget for the 2009 Mosquito Abatement Program. The approved 2009 adjusted budget for the Mosquito Abatement Program is $50,000. The estimated cost to treat the stormwater facilities and catch basins with larvicide is $20,038.50. The remaining balance in the project account of $29,961.50 will be used to complete Task 1 ($19,315.80) leaving a balance of $10,645.70 for City staff time to administer both tasks. Maplewood Golf Course — Larvicide treatment to be funded through the 2009 Golf Course Operating Fund. The estimated cost to treat the Maplewood Golf Course irrigation pond, stormwater ponds and catch basins with larvicide is $4,790.63. Should all ponds and catch basins need to be treated with larvicide, the estimated project cost shall not exceed $4,790.63. Parks Division — Larvicide treatment to be funded through the Repairs and Maintenance Operating Fund. The estimated cost to treat Parks Maintenance Division catch basins with larvicide is estimated not to exceed $8,349.37. This project is funded in the 2009 Parks Maintenance Operating Budget. Facilities Division — Larvicide treatment to be funded through the 2009 Repairs and Maintenance Operating Fund. The estimated cost to treat Facilities Division stormwater facilities with larvicide is $821.25. CONCLUSION: The Surface Water Utility requests approval of the contact, in the amount of $53,315.55, authorizing Whitworth Pest Solutions, Inc., as a sole -source provider of the 2009-2010 Mosquito Abatement Program to apply adulticide in the areas upland and east of the Panther Creek Wetlands (i.e., Talbot Hill area) and apply larvicide to City stormwater facilities, irrigation facilities and catch basins for the control of mosquitoes. Attachment cc: Terry Higashiyama, Community Services Administrator Lys Hornsby, Utility Systems Division Director Leslie Betlach, Parks Director Greg Stroh, Facilities Maintenance Manager Terry Flatley, Parks Maintenance Manager Kelly Beymer, Golf Course Manager H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Program\Contracts\2009-2010 contract issue paper.doc\AQtp / / ■ — �am � � � Panth, Creek o $,00 sr e 17' « � � Lima Ave K / Lima Ave 5 ) %a A SW / m c y rTTT CL y e g E ValleyE § ^ LR : � 9 9° 2*— o� u %w 112 ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this , day of by and between the CITY CORPORATION OF RENTON, WASHINGTON, A MUNICIPAL CATION HEREINAFTER CALLED THE "CITY," and Whitworth Pest Solutions, Inc. whose address is 2533 Inter Avenue, Puyallup, WA 98372-3428, at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: 2009-2010 Mosquito Abatement Program WHEREAS, the City desires to accomplish this project which requires the services of an Entomologist/Pest Control agent, and WHEREAS, the City has not sufficient qualified employees to perform the necessary Mosquito Abatement Program Entomologist/Pest Control Agent Services and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting to do the necessary consultant work for the project to perform the Mosquito Abatement Program Entomologist/Pest Control Agent Services, WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration as a commercial pesticide applicator and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement, and WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: I SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement M accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an 'Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. The Entomologist/Pest Control Agent Services shall provide as a standard professional service that which is normally provided by said professionals. All work shall be done in accordance with the license requirements of a professional pest control agent. All chemical HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Program\Contracts\2009 Consultant contract.doc\ msoffice 1Piazza/Data Center/Forms/City/Contracts E1-2009 applications and other services shall be done in accordance with Federal and State laws, the chemical manufacturer's label requirements and the City of Renton environmental Determination for File No. LUA-05-022, ECF. III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perforn any such field studies. IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit B, Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Program\Contracts\2009 Consultant contract.doc\ msoffice 2Piazza/Data_Center/Forms/City/Contracts E1-2009 VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit C, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for this work shall not exceed $ 53,315.55 without a written amendment to this contract, agreed to and signed by both parties. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a'bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after .final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Program\Contracts\2009 Consultant contract.doc\ msoffice 3Piazza/Data_Center/Forms/City/Contracts E1-2009 thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sexual orientation, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non -Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shal I not be a bar H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Program\Contracts\2009 Consultant contract.doc\ msoffice 4Piazza/Data_Center/Forms/City/Contracts E1-2009 to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have.been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall becorne the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Program\Contracts\2009 Consultant contract.doc\ msoffice 5Piazza/Data Center/Forms/City/Contracts EI -2009 XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of $l .0 million, with a General Aggregate in the amount of $2.0 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton will be named as Additional Insured(s) on (CONTRACTOR'S) policy, with that coverage being primary and non-contributory with any other policy(ies) available to the City. A copy of the endorsement shall be provided to the City. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' written notice shall be given to the City prior to the cancellation of any policy. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. It is further specifically and expressly understood that the indemnification provided herein constitute the Consultant's waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Program\Contracts\2009 Consultant contract.doc\ msoffice 6Piazza/Data_Center/Forms/City/Contracts EI-2009 XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CONSULTANT CITY OF RENTON Signature Date Mayor Date type or print name Title ATTEST: Bonnie 1. Walton, City Clerk HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 ProgratnTontracts\2009 Consultant contract.doc\ msoffice 7Piazza/Data_Center/Forms/City/Contracts E1-2009 EXHIBIT C COST ESTIMATE (To be filled in per tasks to be completed for Scope of Work) H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Program\Contracts\2009 Consultant contract.doc\ msoffice 8Piazza/Data_Center/Forms/City/Contracts E1-2009 COST PLUS NET FEE DETERMINATION DIRECT SALARY COST: Personnel Principal Engineer Chief Engineer Engineer Surveyor Surveyor Planner Bookkeeper Executive Secretary CADD Operator/Drafter Clerical Net Fee % of direct salary cost plus overhead DIRECT NON -SALARY COST: Travel and Per .Diem Cars at $ Per Diem Office and Equipment /mile Computer $ /hour Reproduction Expenses @ $ /copy Communications ......................................... Hourly .Rates of Pay HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Program\Contracts\2009 Consultant contract.doc\ msoffice 9Piazza/Data_Center/Forms/City/Contracts E 1-2009 EXHIBIT C (cont.) SUMMARY OF FEE FOR ENGINEERING SERVICES BREAKDOWN OF OVERHEAD COST ProfitSharing........................................................................................................... % FICA......................................................................................................................... % Unemployment Compensation................................................................................. % Medical Aid and Industrial Insurance...................................................................... % Company Insurance and Medical............................................................................. % Vacation, Holiday and Sick Leave........................................................................... % State B & O Tax & Other Business Tax.................................................................. % 0 Insurance.................................................................................................................. o Administration and Time Unassignable................................................................... % Printing, Stationery and Supplies............................................................................. % TravelNot Assignable.............................................................................................. % Telephone and Telegraph Not Assignable............................................................... % Fees, Dues, Professional Meetings.......................................................................... % Utilities and Maintenance........................................................................................ % Rent.......................................................................................................................... % RentalEquipment..................................................................................................... % Office Miscellaneous, Postage................................................................................. % Professional Services............................................................................................... YO TOTAL % SUMMARY OF COSTS Project No. Name of Project Direct Salary Cost ........... Overhead Cost (including payroll additives....... NetFee.......................................................................................... Direct Non -Salary Costs: a. Travel and per diem ................................................ $ b. Reproduction expenses ........................................... $ c. Computer expense .................................................. $ d. Outside consultants ................................................$ e. Other (specify)........................................................$ Total $ Sub Total $ GRAND TOTAL H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Program\Contracts\2009 Consultant contract.doc\ msoffice 1OPiazza/Data Center/Forms/City/Contracts E1-2009 RESOLUTION NO. 3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job -related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIV.E ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action ,Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of RENTON, Washington, this 7thday of October, 1996. CITY OF RENTON: U�ayor )Attest: City Clerl RENTON CITY COUNCIL: '. --r—' Council President H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Program\Contracts\2009 Consultant contract.doc\ msoffice I ]Piazza/Data-Center/Forms/City/Contracts EI-2009 TZ' .a AFFIDAVIT OF COMPLIANCE hereby confirms and declares that ( Name of contractor/subcontractor/consultant/supplier) I. It is II. policy to offer equal ( Name of contractor/subcontractor/consultant/supplier) opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. complies with all applicable (Name of contractor/subcontractor/consultant) federal, state and local laws governing non-discrimination in employment. III. When applicable, wi ll seek out and (Name of contractor/subcontractor/consultant) negotiate with minority and women contractors for the award of subcontracts. Print Agent/Representative's Name Print Agent/Representative's Title Agent/Representative's Signature Date Signed Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Program\Contracts\2009 Consultant contract.doc\ msoffice 12Piazza/Data_Center/Forms/City/Contracts EI-2009 EXHIBIT A SCOPE OF WORK 2009 MOSQUITO ABATEMENT PROGRAM TASK NO. 1: TREATMENT OF PANTHER CREEK WETLANDS Treatment Methods and Materials: Land treatment applications of an ultra low volume (ULV), Environmental Protection Agency registered insecticide will be applied to brush and other upland vegetation using a gasoline -powered, backpack -mounted, portable fogger. Treatment will be conducted in upland areas away from water or wetland areas as weather conditions allow and in accordance with the product label and other federal and state regulations. Treatment must also be conducted in accordance with the conditions of the Determination of Non -Significance -Mitigated (Application Number LUA05- 022, ECF) for the program nade by the City of Renton Environmental Review Committee on April 1, 2005 and included as Exhibit D of this contract. All necessary licenses and permits shall be the responsibility of the consultant to ensure their issuance prior to treatment. The synthetic pyrethroid insecticide product to be used is Permanone or other products containing similar formulations. Area of Treatment: The treatment area, shown in Exhibit E, is adjacent to and upland of the eastern edge of the Panther Creek Wetland generally located between SR-167 on the west and Lake Avenue South/Talbot Road South on the east and extending from SW 39th Street on the south to I-405 on the north, within the City of Renton, Washington. The project area covers approximately 60 acres to the east of the approximately 65-acre Panther Creek Wetland complex. Prior to treatment, the City will provide a highlighted copy of the map included in Exhibit D of this contract to indicate the properties within the project area for which authorization and release for access and treatment has been granted by the property owner or the owner's legal representative. The treatment application will be performed from foot trails through the project area used in the previous Mosquito Abatement Program treatment applications. The cost per treatment shall include all necessary work for clearing of the trails to allow the treatment to be applied. Frequency of Treatment: Fogging will be conducted in coordination with and at the request of the City at a maximum frequency of once per week during the months of April through August. The City may request treatments as frequent as twice per week if larger than normal mosquito populations justify more frequent treatment. The contract budget assumes a maxima n number of 21 treatment applications. Coordination: Following each treatment, the consultant shall provide to the City a brief summary of the area treated and the type of chemical used, weather conditions during the treatment application, the time during which treatment was conducted, an estimate of the relative abundance and distribution of mosquitoes, and a recommendation on the scope and timing of subsequent treatment. TASK NO. 2: TREATMENT OF CITY STORMWATER AND IRRIGATION FACILITIES AND CATCH BASINS Treatment Methods and Materials: Water treatment applications of an Environmental Protection Agency registered larvicide will be applied to City owned stormwater/irrigation impoundment facilities using hand applied briquettes or granules. Treatment will be applied in accordance with the product label and other federal and state regulations. Larvicide treatment must also be conducted in accordance with City obtained Aquatic Mosquito Control National Pollutant Discharge Elimination System (NPDES) Waste Discharge General Permit. All necessary licenses shall be the responsibility of the consultant to ensure their issuance prior to treatment. The larvicide product to be used is Bacillus Sphaericus (BS) and is sold under the trade name VectoLex. Area of Treatment: The treatment areas consist of the following facilities: Owner Facility Name/Type Facility Location Surface Water Utility Stonegate/WQ Pond NE 26"' and Lyons Ave Surface Water Utility NE 10"' St Pond/Detention NE 10"' St and Anacortes Ave Surface Water Utility Talbot Ridge 2/WQ Pond S 47"' St and 102"" Ave SE Surface Water Utility Talbot Estates/Pond Talbot Rd S Surface Water Utility Benson Woods/Pond 11 1"' PL SE Surface Water Utility Olympic Peak Estates/Pond S. 196"' PL Surface Water Utility Larson Parke/Pond 112"' Ave SE Surface Water Utility Watershed Terrace/Pond SE 200"' St Surface Water Utility Wilkens Wood/Pond 113"' Ave SE Surface Water Utility Serenity Ridge Tract A/Pond 110"' PL SE Surface Water Utility Serenity Ridge Tract B/Pond 110"' PL SE Surface Water Utility Auria Woods Tract C/Pond SE 186"' St Surface Water Utility SR- 169/Pond 140"' Way SE Surface Water Utility Fredericks Place/Pond SE 186"' St Surface Water Utility Aster Park/Pond NE 13"' PL Surface Water Utility Hamilton Place/Pond 160"' Ave SE HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Program\Contracts\2009 Scope of work and budget.doc\AQtp Surface Water Utility Evendell/Pond 160"' Ave SE Surface Water Utility Nichols Place/Pond 160"' Ave SE/SE 5t" St Surface Water Utility Catch Basins Various Golf Course Hole #18 Pond/Irrigation Maplewood Golf Course (west) Golf Course Hole #9 Pond/Irrigation Maplewood Golf Course (west -central) Golf Course Hole #7 Pond/Irrigation Maplewood Golf Course (east -central) Golf Course Hole #6 Pond/Irrigation Maplewood Golf Course (east) Golf Course Catch Basins Various Parks Maintenance Division Catch Basins Various Facilities Division City Hall/WQ Grady Way Parking Lot Frequency of Treatment: Each water impoundment facility and catch basin as described above shall be tested for the presence of mosquito larve every two weeks. If the larve count exceeds 0.3 larva per dip then larvicide shall be applied in accordance with the requirements of the City obtained Aquatic Mosquito Control NPDES Permit. Reporting: Following each treatment, the consultant shall provide to the City a brief summary of all stormwater/irrigat ioil impoundment facilities tested and treated. Information to be provided for each shall include the following: 1. Date, time, and street location of facility or catch basin tested. 2. Type of Larvicide and EPA registration number. 3. Amount of larvicide in gallons or pounds that was applied. 4. The number of acres treated. 5. Name and address of person applying larvicide. 6. Larval count (larve per dip). 7. Number of rnanhours per facility visited (includes testing and larviciding). Notification: Maplewood Golf Course — Whitworth Pest Solutions, Inc. shall contact the Golf Course Manager 24 hours in advance of entering the Golf Course. Whitworth Pest Solutions, Inc. shall arrange with the Golf Course Manager to be escorted onto the golf course and in no circumstances shall Whitworth Pest Solutions, Inc., enter upon the golf course without one golf course employee in attendance at all times while on golf course property (this is a mandatory safety requirement). HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Program\Contracts\2009 Scope of work and budget.docWQtp W14 001 0ald TIME OF COMPLETION 2009 MOSQUITO ABATEMENT PROGRAM Upon contract execution and issuance of Notice to Proceed, adulticiding of the upland areas east of the Panther Creek Wetlands will be conducted in coordination with and at the request of the City at a frequency of once per week during the months of April through September. The City may request a treatment frequency of twice per week if larger than normal mosquito populations justify more frequent application. The project budget assumes a maximum number of 21 treatment applications. Larve concentrations for City stormwater facilities, irrigation facilities, and catch basin will be conducted at a frequency of once every two weeks from July through September. If the larve count exceeds 0.3 larva per dip then larvicide shall be applied in accordance with the requirements of the City obtained Aquatic Mosquito Control N.PDES Permit. By direction from the City, testing and larviciding may begin prior to July and extend past September if recommended by King County Department of Health. The term of the contract shall extend until December 31, 2010. ITTile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Program\Contracts\2009 Scope of work and budget.doc\AQtp EXHIBIT C COST ESTIMATE 2009 MOSQUITO ABATEMENT PROGRAM TASK NO. 1: The estimated total cost of Task 1 including Washington States sales tax is $19,315.80. The cost shall include all necessary work for 21 treatments including clearing of the trails. Work conducted in performance of Task 1 will be billed at the following rates: For 12 or more total treatments: $840/treatment For 6 to 11 total treatments: $890/treatment For 1 to 5 total treatments: $990/treatment The billing rates include state sales tax. Subtotal Contract Cost: $17,640.00 State Sales Tax (9.5%) $1,675.80 Total Cost Task 1: $19,315.80 TASK NO. 2: Tile estimated total cost of Task 2 including Washington States sales tax is $33,999.75. The cost shall be based on a rate of $125.00 per manhour, which includes labor, materials, and equipment required to apply larvicide as specified in the scope of work and shall include but not be limited to the following: 1. Transportation costs associated with transit from the consultant's office to the stormwater/irrigation facilities, and transit between facilities including catch basins. 2. Material costs for larvicide. 3. Equipment necessary to test and apply larvicide including sampling cups, protective gloves, and respirators, etc. At the City's discretion, facilities listed under "Areas of Treatment" above may be eliminated or treatment frequency reduced and other facilities added depending on mosquito levels and recommendations from the Public Health Department. H:\Pile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Program\Contracts\2009 Scope of work and budget.doc\AQtp Catch basins will only be treated when requested in writing by the City. A minimum scheduled trip charge from the consultant's office to the stormwater/irrigation facilities of $375.00 shall apply. Below is the estimated contract cost for the three City divisions, based on the billing rate of $125.00 per manhour for a total of 180 manhours: Surface Water Utility Costs Stormwater facilities: 18 Total number of treatments per stormwater facility: 8 Total manhours per stormwater facility (including travel time): 0.6 hrs Total stormwater facility manhours: 86.4 hrs Subtotal cost for stormwater facilities: $10,800.00 Sales Tax (9.5%): $1,026.00 Total cost for stormwater facilities: $11,826.00 Total manhours available for catch basin treatment: 60 hrs Total cost for catch basin treatment: $7,500.00 Sales Tax (9.5%): $712.50 Total cost for catch basin treatment: $8,212.50 Total manhours (stormwater faeilities + catch basins): 146.4 hrs Subtotal cost (stormwater facilities + catch basins): $18,300.00 Sales Tax (9.5%): $1,738.50 Total cost (stormwater facilities + catch basins): $20,038.50 Golf Course Costs Irrigation facilities: 4 Total number of treatments per facility: 8 Total manhours per irrigation facility (including travel time): 1 hr Total irrigation facility manhours: 32 hrs Subtotal cost for irrigation facilities: $4,000.00 Sales Tax (9.5%): $380.00 Total cost for irrigation facilities: $4,380.00 Total manhours available for catch basin treatment: 3 hrs Subtotal cost for catch basin treatment: $375.00 Sales Tax (9.5%): $35.63 Total cost for catch basin treatment: $410.63 Total manhours (irrigation facilities + catch basins): 35 hrs Subtotal cost (stormwater facilities + catch basins): $4,375.00 Sales Tax (9.5%): $415.63 Total cost (stormwater facilities + catch basins): $4,790.63 HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Pro gram\Contracts\2009 Scope of work and budget.doc\AQtp Parks Division Costs Irrigation facilities: 0 Total manhours available for catch basin treatment: 61 hrs. Subtotal cost for catch basin treatment: $7,625.00 Sales Tax (9.5%): $724.37 Total cost for catch basin treatment: $8,349.37 Total manhours (irrigation facilities + catch basins): 61 hrs Subtotal cost (stormwater facilities + catch basins): $7,625.00 Sales Tax (9.5%): $724.37 Total cost (stormwater facilities + catch basins): $8,349.37 Facilities Division Costs Stormwater facilities: Total number of treatments per facility: 8 Total manhours per stormwater facility (including travel time): 0.75 hrs Total stormwater facility manhours: 6 hrs Subtotal cost for stormwater facilities: $750.00 Sales Tax (9.5%): $71.25 Total cost stormwater facilities: $821.25 Catch Basin: 0 Total manhours (stormwater facilities + catch basins): 6 hrs Subtotal cost (stormwater facilities + catch basins): $750.00 Sales Tax (9.5%): $71.25 Total cost: $821.25 Total Contract Cost for all Divisions: $31,050.00 State Sales Tax (9.5%): $2,949.75 Total Cost Task 2: $33,999.75 Total Contract Cost (Task 1 + Task 2): $53,315.55 Invoicing Whitworth Pest Solutions, Inc. shall submit a separate invoice to the City of Renton Surface Water Utility Section, Parks Maintenance Division, Maplewood Golf Course, and Facilities Division for any services it provides under this project. Payment cannot be authorized or payment may be delayed until separate invoices are received. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Program\Contracts\2009 Scope of work and budget.doc\AQtp CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Public Works For Agenda of: May 11, 2009 Dept/Div/Board.. Utility Systems/Wastewater Utility Agenda Status Staff Contact...... John Hobson, x7279 Consent .............. X Public Hearing.. Subject: Final Pay Estimate - CAG-07-072 Correspondence.. Central Plateau Interceptor Phase II Ordinance ............. Contractor: Rodarte Construction, Inc. Resolution............ Old Business........ New Business....... Exhibits: Final Pay Estimate Study Sessions...... Notice of Completion of Public Works Contract Information......... Recommended Action: Council Concur Approvals: Legal Dept......... Finance Dept..... Other ............... Fiscal Impact: Expenditure Required... $8,175.00 (final pay estimate) Transfer/Amendment...... Amount Budgeted...... $10,000 Revenue Generated......... Total Project Budget $2,550,000 (2007-2009 City Share Total Project.. Wastewater Budget) SUMMARY OF ACTION: ►a The project was awarded on June 4, 2007. Construction was started on August 3, 2007, and was completed on December 23, 2008. The original contract amount was $1,865,890.97 and the final contract amount is $2,247,290.43. The additional cost ($381,399.46, which equals a 20% increase) was a result of additional work to remove boulders that interfered with the auger bore portion of the project, the installation of an additional 853 linear feet of 10-inch sanitary sewer and corresponding road restoration to abandon the existing Evendell sanitary sewer lift station, and the installation of an additional 127 linear feet of 8-inch sanitary sewer and corresponding restoration to abandon the Highland Estates sanitary sewer lift station. STAFF RECOMMENDATION: Accept the project, approve the final pay estimate in the amount of $8,175.00, and release the retainage in the amount of $103,163.47 after 60 days, subject to the receipt of all required authorizations. H:\File Sys\WWP - WasteWater\WWP-27-3235 Central Plateau Int Phase II\PAY ESTIMATES\Agnbil_Final-Central Plateau Int.doc\7Htp TO: FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR ITRACTOR: Rodarte Construction, Inc. ATRACT NO. CAG-07-072 ESTIMATE NO. 9 (Final) PROJECT: Central Plateau Interceptor, Section 2 1. CONTRACTOR EARNINGS THIS ESTIMATE $7,500.00 2. SALES TAX (ONLY ON SCHED A ITEMS) @ 9.0% $675.00 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $8,175.00 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $1,952,981.13 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $7,125.00 6. SUBTOTAL - CONTRACTOR PAYMENTS $1,960,106.13 7. RETAINAGE ON PREVIOUS EARNINGS $102,788.47 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $375.00 9. SUBTOTAL - RETAINAGE 10. SALES TAX PREVIOUSLY PAID $183,345.83 11. SALES TAX DUE THIS ESTIMATE $675.00 12. SUBTOTAL - SALES TAX * (95% x LINE 1) ** (RETAINAGE: 5%) GRAND TOTAL: FINANCE DEPARTMENT ACTION: MENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT # 426.018.5950.0035.63/u45435.f010.0000.0000 RETAINED AMOUNT (Line 8): ACCOUNT # 426.018.5950.0035.63/u45435.f010.0000.0000 $103,163.47 $184,020.83 $2,247,290.43 $7,800.00 # 9 (Final) $7,800.00 $375.00 # 9 (Final) $375.00 TOTAL THIS ESTIMATE: $8,175.00 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE r SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED , r . HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID f OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAY ,•'' {j Signed: Printed On: 04/23/2009 City of Renton Public Works Department Page 1 Printed On: 04/23/2009 City of Renton Public Works Department Page 1 Project: Central Plateau Interceptor, Section 2 Contractor: Rodarte Construction, Inc. Item Description No. Pay Estimate Unit Est. Quantity 9 (Final) Unit Price Contract Number: Closing Date: Previous Previous Quantity Amount CAG-07-072 04/22/2009 This Quantity This Amount Total Quantity Total Amount 001. Mobilization Lump Sum 1 $128,000.00 1.00 $128,000.00 $0.00 1.00 $128,000.00 002. Trench Excavation Safety Systems Lump Sum 1 $1,000.00 1.00 $1,000.00 $0.00 1.00 $1,000.00 003. Contractor Supplied Surveying Lump Sum 1 $15,000.00 0.50 $7,500.00 0.50 $7,500.00 1.00 $15,000.00 004. Traffic Control Lump Sum 1 $60,000.00 1.00 $60,000.00 $0.00 1.00 $60,000.00 005. Temporary Erosion/Sedimentation Control Facilities Lump Sum 1 $18.000.00 1.00 $18,000.00 $0.00 1.00 $18,000.00 006. Landscape Restoration Lump Sum 1 $15,000.00 1.00 $15,000.00 $0.00 1.00 $15.000.00 007. Re-establish Existing Monuments Each 2 $500.00 2.00 $1,000.00 $0.00 2.00 $1,000.00 008. Televison Inspection Linear Foot 5259 $1.50 3944.00 $5,916.00 $0.00 3944.00 $5,916.00 009. 18" Diameter PVC Sewer Pipe Linear Foot 86 $100.00 86.00 $8,600.00 $0.00 86.00 $8,600.00 010. 15" Diameter PVC Sewer Pipe Linear Foot 3126 $90.00 3126.00 $281,340.00 $0.00 3126.00 $281,340.00 011. 12" Diameter PVC Sewer Pipe Linear Foot 667 $60.00 732.00 $43,920.00 $0.00 732.00 $43,920.00 12" Diameter HDPE /Sewer Pipe, Auger Bore (24" Steel 012. Casing) Lump Sum 1 $300,000.00 1.00 $300,000.00 $0.00 1.00 $300,000.00 013. 12" Diameter HDPE /Sewer Pipe, Overland Construction Lump Sum 1 $16,000.00 1.00 $16,000.00 $0.00 1.00 $16,000.00 014. 12" Diameter HDPE /Sewer Pipe, Directional Drill Lump Sum 1 $100,000.00 1.00 $100,000.00 $0.00 1.00 $100,000.00 015. 8" Diameter PVC Sewer Pipe Linear Fool 270 $90.00 265.00 $23,850.00 $0.00 265.00 $23,850.00 016. 6" Diameter PVC Side Sewer Pipe Linear Foot 2300 $45.00 2713.00 $122,085.00 $0.00 2713.00 $122,085.00 017. 12" Diameter HDPE Prefabricated Fittings Each 2 $500.00 2.00 $1,000.00 $0.00 2.00 $1,000.00 018. Top Slope Anchor with Pipe Cables Lump Sum 1 $1,500.00 1.00 $1,500.00 $0.00 1.00 $1,500.00 019. Type 2 Pipe Anchors Each 2 $500.00 2.00 $1,000.00 $0.00 2.00 $1,000.00 60" Diameter Sanitary Sewer Manhole with Two 8" Drop 020. Connections Each 1 $13,000.00 1.00 $13,000.00 $0.00 1.00 $13,000.00 021. 60" Diameter Sanitary Sewer Manhole, Extra Depth Vertical Foot 12 $500.00 9.00 $4,500.00 $0.00 9.00 $4,500.00 022. 54" Diameter Sanitary Sewer Manhole Shallow Manhole Each 1 $4,500.00 1.00 $4,500.00 $0.00 1.00 $4,500.00 023. 48" Diameter Sanitary Sewer Manhole Each 19 $4,600.00 19.00 $87,400.00 $0.00 19.00 $87,400.00 024. 48" Diameter Cut -In Sanitary Sewer Manhole Each 2 $5,000.00 2.00 $10,000.00 $0.00 2.00 $10,000.00 025. 48" Diameter Sanitary Sewer Manhole, Extra Depth Vertical Foot 73 $500.00 66.00 $33,000.00 $0.00 66.00 $33,000.00 026. Sewer Cleanouts Each 5 $500.00 7.00 $3,500.00 $0.00 7.00 $3,500.00 027. Connect New Sewer to Existing Facility Each 2 $3,000.00 3.00 $9,000.00 $0.00 3.00 $9,000.00 Removal and Replacement of Unsuitable Foundation 028. Material Ton 120 $25.00 0.00 $0.00 $0.00 0.00 $0.00 Printed On: 04/23/2009 City of Renton Public Works Department Page 2 -t: Central Plateau Interceptor, Section 2 Contract Number: CAG-07-072 or: Rodarte Construction, Inc. Pay Estimate 9 (Final) Closing Date: 04/22/2009 Item Description Unit Est. Unit Previous Previous This This Total Total No Quantity Price Quantity Amount Quantity Amount Quantity Amount 029. Bank Run Gravel for Trench Backfill Ton 4900 $10.00 1070.06 $10,700.60 030. Crushed Surfacing Top Course Ton 1800 $22.00 0.00 $0.00 031. Asphalt Patch Including CSTC Sq. Yard 3600 $35.00 6710.00 $234,850.00 032. Asphalt Grinding for overlay Sq. Yard 1000 $8.00 1000.00 $8,000.00 033. 1-1/2" Deep Asphalt Overlay Class'B' Sq. Yard 25000 $6.50 12960.00 $84,240.00 034. Replace Pavement Markings Lump Sum 1 $7,500.00 1.00 $7.500.00 035. Remove and Replace Concrete Curb and Gutter Linear Foot 75 $40.00 932.00 $37,280.00 036. Remove and Replace Concrete Sidewalk and Driveway Sq. Yard 125 $50.00 52.00 $2,600.00 037. Septic Tank Decommissioning Each 3 $4,500.00 3.00 $13,500.00 038. Tree Removal Each 2 $3,000.00 0.00 $0.00 039. C.O. #1: Asphalt Paving on 154th PI NE Lump Sum 1 $67,747.00 1.00 $67,747.00 040. C.O. #1: Extra Work to set Auger Bore Pit Lump Sum 1 $9,598.00 1.00 $9,598,00 . C.O. #1: Tree Trunk Removal Lump Sum 1 $2,812.00 1.00 $2,812.00 042. C.O. #2: Road Rebuild of SE 145th PI Lump Sum 1 $93,316.00 1.00 $93,316.00 043. C.O. #3: Boulder Removal in Auger Bore Lump Sum 1 $15,812.00 1.00 $15,812.00 043. 10" Diameter PVC Sewer Pipe Linear Foot 853 $105.00 853.00 $89.565.00 044. C.O. #5: Side Sewer for K.C. lot 2323059040 Lump Sum 1 $996.00 1.00 $996.00 045. C.O. #5: Highlands Estates Lift Station Bypass Lump Sum 1 $24,318.00 1.00 $24,318.00 046. C.O. #6: 50 If of 12" HDPE Pipe Lump Sum 1 $10,612.00 1.00 $10,612.00 047. C.O. #6: Reconstruct Existing 8" Sewer Lump Sum 1 $12,103.00 1.00 $12,103.00 048. C.O. #6: Additional Street Sweeping Lump Sum 1 $3,837.00 1.00 $3,837.00 C.O. #6: King County DDES-required Additional 049. Landscaping Lump Sum 1 $9,178.00 1.00 $9,178.00 050. C.O. #6: Fall Restraint System in MH #20 Lump Sum 1 $3,214.00 1.00 $3,214.00 C.O. #6: King County Inspecion-required Additional 051. Landscaping Lump Sum 1 $2,127.00 1.00 $2,127.00 C.O. #6: Asphalt Repair at Intersection of SE 144th St 8 052. 15th PI SE Lump Sum 1 $11,253.00 1.00 $11,253.00 Subtotal Schedule A (Pay Estimates 1-5) II $1.673,433.30 Subtotal Schedule A (Pay Estimates 6-8) $382,336.30 $0.00 1070.06 $10,700.60 $0.00 0.00 $0.00 $0.00 6710.00 $234,850.00 $0.00 1000.00 $8,000.00 $0.00 12960.00 $84,240.00 $0.00 1.00 $7,500.00 $0.00 932.00 $37,280.00 $0.00 52.00 $2,600.00 $0.00 3.00 $13,500.00 $0.00 0.00 $0.00 $0.00 1.00 $67,747.00 $0.00 1.00 $9,598.00 $0.00 1.00 $2,812.00 $0.00 1.00 $93,316.00 $0.00 1.00 $15,812.00 $0.00 853.00 $89,565.00 $0.00 1.00 $996.00 $0.00 1.00 $24,318.00 $0.00 1.00 $10,612.00 $0.00 1.00 $12,103.00 $0.00 1.00 $3,837.00 $0.00 1.00 $9,178.00 $0.00 1.00 $3,214.00 $0.00 1.00 $2.127.00 $0.00 1.00 $11,253.00 Printed On: 04/23/2009 Project: Central Plateau Interceptor, Section 2 Contractor: Rodarte Construction, Inc. Subtotal Schedule A (Pay Estimate 9) Subtotal Schedule A (All Pay Estimates) 8.9 % Sales Tax (Pay Estimates 1-5) 9.0 % Sales Tax (Pay Estimates 6-8 ) 9.5 % Sales Tax (Pay Estimate 9) Total Sales Tax (All Pay Estimates) Total Schedule A City of Renton Public Works Department Page 3 Contract Number: CAG-07-072 Pay Estimate 9 (Final) Closing Date: 04/22/2009 Unit Est. Unit Previous Previous This This Total Total Quantity Price Quantity Amount Quantity Amount Quantity Amount $7,500.00 $2,063,269.60 $148.935.56 $34,410.27 $675.00 $184,020.83 $2,239,115.43 $8,175.00 $2,247,290.43 ol z STATE O� State of Washington Reg.No.:UBI 600 264 803 o Department of Revenue e x Audit Procedures & Administration Date: PO Box 47474 a 7889 Olympia, Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT USE ONLY City of Renton Assigned To Tracy Schuld 1055 South Grady Way Date Assigned Renton, WA 98055 Notice is hereby given relative to the completion of contract or project described below. Description of Contract Central Plateau Interceptor Phase 1I Contractor's Name Rodarte Construction, Inc. Telephone No. 253-939-0532 Contractor's Address P.O. Box 1875, Auburn, WA 98071-1875 Date Work Commenced 8/3/2007 Date Work Completed 12/23/2008 Date Work Accepted 5/11/2009 Surety or Bonding Co. Travelers Casualty and Surety Company of America Agent's Address Ken Frick c/o St. Paul Travelers 3720 Olympic Blvd. W., University Place, WA 98466 Contract Amount: $1,713,395.50 Amount Disbursed: $2,144,126.96 Additions or Reductions: $349,874.10 Amount Retained: $103,163.47 Sales Tax: $184,020.83 Total: $2,247,290.43 Total $2,247,290.43 By (Disbursing Officer) Phone No: The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, Washington 98504- 7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate. FORM REV 31 0020 (12-92) DC:CTY31 0020 11/99 bh CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE MAY 2009 RENTON TRAILS AND BICYCLE MASTER PLAN. WHEREAS, Engrossed Substitute Senate Bill (ESSB) 5186, passed by the Washington State Legislature in April 2005, and effective July 24, 2005, made two amendments to Washington State's Growth Management Act (GMA) mandating the incorporation of bicycle and pedestrian planning into each jurisdiction's comprehensive plan, as well as the consideration of approaches that promote physical activity; and WHEREAS, the May 2009 Renton Trails and Bicycle Master Plan and Map Project is a comprehensive update of the City of Renton Trails Master Plan, adopted in 1993, and the Draft Trails Plan, produced by the Citizen's Non -motorized Transportation Committee in 2004. It represents a collaborative effort between the Transportation and Parks Divisions, and reflects the desire to create an interconnected trails, water trails, and non -motorized transportation network to accommodate both recreational and commuting uses, from pedestrians to cyclists; and WHEREAS, the May 2009 Renton Trails and Bicycle Master Plan creates and fosters opportunity within Renton and neighboring communities for people to move through the city and to access multiple local and regional destinations including schools, parks, businesses and residential areas; and WHEREAS, the May 2009 Renton Trails and Bicycle Master Plan document was presented to the City Council Committee of the Whole on May 11, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: RESOLUTION NO. SECTION I. The above findings are true and correct in all respects. SECTION II. The City Council does hereby adopt the May 2009 Renton Trails and Bicycle Master Plan and asks that the Administration draw up a work program to begin implementing the plan. The May 2009 Renton Trails and Bicycle Master Plan shall remain in full force and effect until further revised, amended, and modified as provided by law. PASSED BY THE CITY COUNCIL this day of , 2009. APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES :1406:4/ 14/09: scr Bonnie I. Walton, City Clerk day of Denis Law, Mayor 2009. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 6, STREET UTILITY STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) AND CHAPTER 10, STREET EXCAVATIONS, OF TITLE IX (PUBLIC WAYS AND PROPERTY) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," CHANGING REFERENCES REGARDING PERMITS FROM THE PUBLIC WORKS DEPARTMENT TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT; TO SPECIFY THE REQUIREMENT FOR LIABILITY INSURANCE AS A PERMIT CONDITION; AND TO EXTEND THE DURATION OF MAINTENANCE BONDS FROM ONE YEAR TO TWO YEARS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-6-060P, Construction Bond Required, of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby deleted and the remaining subsections are renumbered accordingly. SECTION II. Section 9-10-2, Condition of Permit, of Chapter 10, Street Excavations, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 9-10-2 CONDITION OF PERMIT: The Department of Community and Economic Development shall grant such permit only upon compliance with the following terms and conditions: A. The party requesting such permit shall make application in writing and simultaneously therewith file with the City's Department of Community and 1 ORDINANCE NO. Economic Development a plat or sketch drawn to scale showing the location and plan of the construction, excavation, cutting or other work desired to be done, and the street, alley or place to be so used, together with a full description of the nature of the work. The City's Department of Community and Economic Development shall thereupon examine such application and upon approval thereof and the filing of a proper performance bond, as hereinbelow set forth, the Department of Community and Economic Development shall thereupon issue a permit. B. Such permit shall specify the place where such acts are to be performed and done together with a description of the proposed work to be done under such permit; the length of time allowed for the completion thereof, the permittee shall further be required to replace, to its former condition, whatever portion of the street, sidewalk, driveway, alley, pavement, curb or improvement that may have been disturbed or affected in any way during such work, and such permit may further specify whether the City elects to do the work of restoring the surface as hereinafter provided. C. The acts and work permitted under such permit, and the restoration to its former condition of such street, alley, pavement, curb or improvement, shall at all times be performed under the supervision and control of the Department of Community and Economic Development Street Superintendent or authorized representative, but at the sole cost and expense of the permittee. D. In making any excavation, cut or break in any public street, sidewalk, alley or like improvement, the materials thus excavated from the trenches thereof not 2 ORDINANCE NO. otherwise suitable for backfilling shall be disposed of as directed by the Administrator of the Department of Community and Economic Development or authorized representative. All such excavations shall be backfilled with approved materials and shall be compacted by water or mechanical tamping. E. The maximum length of any open trench during such work shall at no time exceed two hundred (200) lineal feet, except when otherwise granted by special written permission from the Department of Community and Economic Development. F. All existing .storm sewer facilities and outer utilities that are moved or disconnected during such work shall be replaced immediately as directed. A concrete saw shall be used to cut all pavement so as to produce a reasonable square and true edge without spalling or cracking into adjacent pavement. G. If the Department of Community and Economic Development so elects, all excavated materials within the street right-of-way shall be removed and disposed of and planks and saddles placed over trenches so as to provide safe and adequate passage for vehicular and pedestrian traffic at all times. H. In excavating any such public street, avenue, curb, alley, sidewalk or like improvement, the surface material and earth removed must be kept separate and deposited in a manner that will occasion the least inconvenience to or interference with the public, with adequate provision for proper surface drainage and safe passage for the traveling public. Such surface or pavement, after refilling, shall be placed in as good condition and wear as it existed immediately prior to the excavations. If the permittee shall fail to complete such work and restore such 3 ORDINANCE NO. street, sidewalk, driveway, alley, pavement, curb or like improvement before the expiration of the time fixed by such permit, the Department of Community and Economic Development shall, if it deems it advisable, cause such work to be done by the City or any other party in order to return such street, sidewalk, driveway, alley, pavement, curb, improvement or place to its original and proper condition as it existed immediately prior to such excavation; in such case the permittee shall be liable unto the City for any and all work performed and the City shall have the right to proceed against the performance bond filed by said permittee as herein provided. In addition, the City shall have a right of action against such permittee for all fees, expenses and costs paid out and incurred in connection with such work, not otherwise covered by said bond, or the City may elect to proceed against such permittee directly for all of said work as the City may elect. I. The permittee as a further condition to the issuance of such permit shall warrant and guarantee unto the City the work performed and the restoration of the premises for a period of two years from the date of completion of such work. When a permit is issued for the excavation for the purpose of installing, maintaining, repairing, or replacing any underground utility within a street, alley or public place, to private property for use of such utility thereon, the permittee or the owner of the premises if the permittee is a person other than the owner, shall further agree, in the application for any such permit, that if the structure or facility on any private property to which the utility is introduced or furnished by the service line shall thereafter cease to be occupied or shall no longer be used or useful, the permittee and each of its successors and assigns will, upon any such 0 ORDINANCE NO. occurrence, cut and cap the service line to prevent further service of utility to the structure or facilities, or, upon written demand of the Department of Community and Economic Development, take such similar action. Upon completion of such work, including the capping of utility, the same shall be reported to the Department of Community and Economic Development in writing. Permittee agrees, whenever possible, to notify the City in writing whenever any such structure or facility has ceased to be serviced by the utility or has otherwise discontinued or abandoned the use thereof. J. The Department of Community and Economic Development shall have the right to elect, and to specify such election on the permit to be issued, that the refilling of all trenches made in a public street, alley or highway, and the repaving or resurfacing thereof, may be done by the City and any and all cost and expenses in connection therewith to be charged to and paid by the permittee and/or the sureties of his performance bond. Such bond shall be in an amount not less than the anticipated cost of the work to be done or minimum of one thousand dollars ($1,000.00). The City may also demand an adequate cash sum as security to cover such estimated cost at the time of issuing such permit. SECTION III. Section 9-10-5, Bond Required, of Chapter 10, Street Excavations, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to change the title to "Guarantees and Bonds," and to read as follows: 5 ORDINANCE NO. 9-10-5 GUARANTEES AND BONDS: A. Street Excavation Performance Guarantee Amount: The developer shall deposit the following amount for excavation work within the improved public street, with a maximum of two thousand dollars ($2,000). The cash deposit shall be made prior to issuance of any associated utility construction permit. 1. If the work within the existing pavement area is less than 35 feet in length, and the permit is issued to the owner of a single family house, then the cash deposit shall be for five hundred dollars ($500.00). 2. If the work within the existing pavement area is less than 35 feet in length, and the permit is issued to someone other than the owner of the adjacent single family house, then the cash deposit shall be for one thousand dollars ($1,000.00). 3. If the work within the existing pavement area is 35 feet or greater, then the cash deposit shall be for two thousand dollars ($2,000). 4. Cash Bond Returned: The cash bond will be returned to permittee when work is accepted by the City, less any sums due to the City under the terms of this Section. B. Hold Harmless: The permittee shall protect, defend, indemnify and save harmless the City, its officers, employees and agents 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 permittee. The permittee agrees that its obligations under this Section extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. 0 I ORDINANCE NO. C. Insurance Required: Before a permit shall be issued for any construction within the public right-of-way for work over 35 feet in length, both the bond, as described in Subsection 9-10-5A.3, and insurance will be required as follows: 1. The permittee shall secure and maintain in force throughout the duration of this permit: Commercial General Liability insurance written on an occurrence basis with limits no less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000)/aggregate. 2. Copies of such insurance policy or policies shall be furnished unto the City with a special endorsement in favor of the City with the City named as a primary and noncontributory additional insured on the insurance policy and an endorsement stating such shall be provided to the City. 3. The policy shall provide that it will not be canceled or reduced without 45 days advanced written notice to the City. 4. Upon showing of a hardship and at the discretion of the Administrator or his/her designee, the insurance requirernents may be reduced or waived for single-family or two-family residential applications. 5. For municipalities or utilities that are self insured, there may be substituted a statement of self insurance showing the ability to answer for damages in the amounts stated in this paragraph. C. City Use of the Street Excavation Performance Guarantee: The City shall give the developer 24 hours notice of any required correction or clean up work related to street excavation work, except that this shall be reduced to a four-hour notice if there is obvious hazard to health or safety. If the developer fails to adequately 7 I ORDINANCE NO. respond within the given time frame, the City will perform the work, and any costs incurred will be charged against the cash deposit. City reserves right to perform any work required to protect health and safety of public without prior notification to the developer. All cost associated with such work shall be at the sole expense of the developer and billed against the cash deposit. If there is any possibility of reoccurrence of problems associated with the street excavation work, the City shall then give the developer written notice to replenish the cash deposit to its original level within five calendar days. If the developer fails to replenish the cash deposit as required, the City reserves the right to stop any work on the project which is associated with the street work. D. Performance Bond for Required Improvements: Before a permit, pursuant to the provisions of this chapter may be issued, the permittee may be required to execute to the City a performance bond. In some instances, and at the sole option of the City, a certificate of occupancy, final inspection, or final approval may be issued prior to completion of required public or site improvements if an acceptable form of guarantee is provided by the permittee. E. Amount of Required Performance Bond: All performance bonds shall be for not less than 150 percent of the written estimate of the cost of construction of the required improvements associated with any development project. The written cost estimate shall be provided by the developer and is subject to review and acceptance by the City. F. Utilization of Funds Provided by Performance Bond. If the required improvements associated with a development project are not completed by the E ORDINANCE NO. termination date of the performance bond, the City shall use the bond to construct the improvements in accordance with the City's standards. G. Maintenance and Warranty Bond: Prior to acceptance by the City of any newly constructed public improvements to be deeded to the City, repair of any City street associated with a street excavation, or on- or off -site storm drainage improvements, the developer shall file with the City a construction maintenance and warranty bond. The maintenance and warranty bond is to be held by the City for a period of two years. The City shall require the permittee, at his cost, to correct all failures. Should the permittee fail to perform within a period of 15 days, the City may use the maintenance and warranty bond to correct any failures H. Amount of Maintenance and Warranty Bond: All maintenance and warranty bonds shall be for 20 percent of the estimated cost of construction of the required improvements associated with any development project. I. Utilization of Funds Provided by Maintenance and Warranty Bonds: In the event that required improvements are not properly maintained during the required maintenance guarantee period, the City shall notify the developer/owner. If the developer/owner fails to correct the problem within a period of 15 days, the City shall use the maintenance guarantee to perform the maintenance work. Should any failures occur in regard to required improvements associated with a development project within the warranty period, the City shall require the developer/owner to correct all failures. Should the developer/owner fail to perform within a period of 15 days, the City shall use the maintenance and warranty bond to correct any failures. ORDINANCE NO. J. Reimbursement of City's Costs Incurred to Obtain Funds Provided by Guarantees: If the City finds it necessary to utilize funds provided for any guarantee, and incurs expenses in obtaining and administering such funds, a portion of these monies shall also be used to reimburse the City for such recovery costs. If the guarantee is not adequate to cover all necessary costs, the developer/owner is required to make up the deficit in cash within 30 days of receipt of written notice from the City. SECTION IV. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 52009. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1546:4/ 17/09: scr Denis Law, Mayor 10 PUBLIC WORKS DEPARTMENT G 1 M E M O R A N D U M DATE: May 11, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM: Gregg Zimmerma U41C Works Administrator Terry Higashiyam Community Services Administrator STAFF CONTACT: Dan Hasty, Transportation Planning, extension 7246 SUBJECT: City of Renton Trails and Bicycle Master Plan ISSUE: Should Council approve the City of Renton Trails and Bicycle Master Plan? RECOMMENDATION: Approve the City of Renton Trails and Bicycle Master Plan and present the resolution regarding this matter for reading and adoption. BACKGROUND: The Trails and Bicycle Master Plan (Master Plan) is a comprehensive update of the City of Renton Trails Master Plan, adopted in 1993, and the draft Trails Plan produced by the Renton Non -motorized Transportation Committee in 2004. It represents a collaborative effort between the Parks and Transportation divisions and reflects the desire to create an interconnected trail and bicycle network to accommodate both recreational and commuting uses. The Master Plan provides a vision statement, goals and objectives, and a review of policy at the local, state, and federal levels. It reviews existing conditions of the non -motorized system throughout the City and identifies new projects and routes. Facility design guidelines are also included in the Master Plan for new trails and bicycle facilities. A final project list is included, as well as detailed project sheets. Randy Corman, Council President Members of the Renton City Council May 11, 2009 Page 2 of 2 Ultimately, all projects in the Trails and Bicycle Master Plan are presented to Council for review and approval collectively during the budget process, and again when approval is requested for design and construction of individual contracts. Attachment cc: Peter Hahn, Deputy PW Administrator — Transportation Terry Higashiyama, Community Services Administrator Leslie Betlach, Parks Director Jim Seitz, Transportation Planning and Programming Supervisor Dan Hasty, Transportation Planning Connie Brundage, Transportation Administrative Secretary File H:\Division.s\TRANSPOR.TAT ADMIN\Agenda 2009\Trails and Bike I P.doc I CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE MAY 2009 RENTON TRAILS AND BICYCLE MASTER PLAN. WHEREAS, Engrossed Substitute Senate Bill (ESSB) 5186, passed by the Washington State Legislature in April 2005, and effective July 24, 2005, made two amendments to Washington State's Growth Management Act (GMA) mandating the incorporation of bicycle and pedestrian planning into each jurisdiction's comprehensive plan, as well as the consideration of approaches that promote physical activity; and WHEREAS, the May 2009 Renton Trails and Bicycle Master Plan and Map Project is a comprehensive update of the City of Renton Trails Master Plan, adopted in 1993, and the Draft Trails Plan, produced by the Citizen's Non -motorized Transportation Committee in 2004. It represents a collaborative effort between the Transportation and Parks Divisions, and reflects the desire to create an interconnected trails, water trails, and non -motorized transportation network to accommodate. both recreational and commuting uses, from pedestrians to cyclists; and WHEREAS, the May 2009 Renton Trails and Bicycle Master Plan creates and fosters opportunity within Renton and neighboring communities for people to move through the city and to access multiple local and regional destinations including schools, parks, businesses and residential areas; and WHEREAS, the May 2009 Renton Trails and Bicycle Master Plan document was presented to the City Council Committee of the Whole on May 11, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: RESOLUTION NO. I SECTION I. The above findings are true and correct in all respects. SECTION II. The City Council does hereby adopt the May 2009 Renton Trails and Bicycle Master Plan and asks that the Administration draw up a work program to begin implementing the plan. The May 2009 Renton Trails and Bicycle Master Plan shall remain in full force and effect until further revised, amended, and modified as provided by law. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of )2009. Approved as to form: Lawrence J. Warren, City Attorney RES :1406:4/ 14/09: scr Denis Law, Mayor 2 CITY OF RENTON COUNCIL AGENDA BILL Al #: f0a. Submitting Data: For Agenda of: May 11, 2009 Dept/Div/Board.. Community Services/Facilities Agenda Status Staff Contact...... Peter Renner, x6605 Consent .............. X Public Hearing.. Subject: PSE Conservation Grant Agreement #C-07147 Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Exhibits: Issue Paper Study Sessions...... Grant Agreement Information......... Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... $257,988.00 Total Project Budget City Share Total Project.. SUMMARY OF ACTION: EECBG Funds were recently made available to the City of Renton. Primary project funds will be used to update the HVAC system at the 200 Mill Building. Total project cost is estimated at $680,000. Accepting this PSE grant, which is based on future energy savings proceeding from the project, will allow additional energy -saving projects to be performed with the EECBG funds. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the PSE Conservation Grant Agreement and authorize the use of these grant funds for the 200 Mill Building HVAC Upgrade Project. Rentonnet/agnbill/ bh COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE: May 1, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: >_ Denis Law, Mayor FROM: Terry Higashiyama, Community Services Administrator, x6606 STAFF CONTACT: Peter Renner, Facilities Director, x6605 �( SUBJECT: Puget Sound Energy (PSE) Conservation Grant Agreement #C-07147 Issue• Should Council authorize the Mayor and City Clerk to sign a PSE Conservation Grant Agreement to accept $257,988 to augment funds from the Energy Efficiency & Conservation Block Grant Program (EECBG) to perform an HVAC Upgrade of the 200 Mill Building? Recommendation: Council authorize the Mayor and City Clerk to sign the PSE Conservation Grant Agreement #C-07147 to receive $257,988 and authorize the use of these funds for the HVAC Upgrade Project at the 200 Mill Building. Background: • An engineering and architectural review of the 200 Mill Building was completed in 2008; it indicated a variety of deficiencies in the design and operation of the building. • Chief among these were two energy -related issues; the low R-value of the curtain wall assembly and the inefficiency of the dual -duct HVAC system. • Even though the City is not in the position to perform a full-scale rehabilitation of the building, GVA Kidder -Matthews (GVAKM), the building manager, recognized that the HVAC would need to be upgraded regardless: o The system is grossly energy -inefficient, based on a design that is now illegal in all jurisdictions o Some components of the system were no longer serviceable o System limitations made successful responses to tenant comfort complaints very difficult o It should be noted that the chiller, the major component of the HVAC system, was replaced by the City in 2005 • GVAKM worked with a State -and -Federally -certified Energy Star SSP Partner Contractor, Performance Mechanical Group, to develop an updated HVAC system plan. This plan took most of a year to develop. • This plan was already under review by PSE for possible energy grant consideration when notice came to the City that EECBG funds would become available for energy saving projects. • This HVAC Upgrade Project was presented to the Administration along with some others for funding consideration. Issue Paper—PSE Grant Page 2 of 2 May 1, 2009 • In the meanwhile, PSE committed to their stated level of support for the project. PSE's consideration to include replacement of the aged ductwork and its VAV (variable air volume) control boxes, not normally allowed in their savings calculations, is a testament to the extreme energy inefficiency of the system and PSE's desire to see it upgraded. • The project will elevate the systems' Energy Star benchmark Energy Use Index (EUI - 0 to 100 scale) from 18 to at least 50, resulting in annual energy savings of $70,000. • The project team is in place and ready to begin the project as soon as other necessary grant applications can be submitted and approvals can be obtained. Conclusion: The PSE conservation Grant can provide 37 % of the funding for the HVAC upgrade project at the 200 Mill building, freeing up $257,988 for other worthwhile energy upgrades in City facilities and infrastructure. Attachments C: Jay Covington, Chief Administrative Officer Iwen Wang, Finance/IS Administrator PUGET SOUND ENERGY The Energy To Do Great Things Puget Sound Energy P.O. Box 90868 Bellevue, WA 98009-0868 PSE.com April 28, 2009 Peter Renner, City of Renton Re: Conservation Grant for 200 Mill Building - HVAC Upgrade Project Dear Mr. Renner: Enclosed is Puget Sound Energy's Conservation Grant Agreement (#C-07147) for the 200 Mill Building HVAC Upgrade Project located at 200 Mill Ave South - Renton, WA 98057. This project is eligible for a Conservation Grant of $257,988 based upon PSE analysis of the project. The 200 Mill Building HVAC upgrade project will replace the existing dual duct variable air volume HVAC system with a single duct variable air volume HVAC system with electric reheat. This project will also upgrade the building controls with a new DDC control system. The project will implement the following energy efficiency measures as outlined in Performance Mechanical's proposal and sequence of operation. 1. Zone Level Scheduling and Set -point Control including unoccupied heating and cooling setback scheduling 2. AHU and Boiler System(s) lockout during unoccupied hours 3. Boiler System lockout during occupied hours 4. Optimal start morning warm-up strategy that will utilize the natural gas Boiler System rather than electric re -heat 5. Static Pressure reset of supply fans between 0.5" and 1.5" of static pressure Please sign, date, and return the enclosed grant agreement within 30 days. A postage -paid business reply envelope is provided for your convenience. A copy of the fully executed agreement will be returned to you after we receive this signed agreement. A Federal Taxpayer Identification Form W-9 must also be completed and returned with the grant agreement. Puget Sound Energy is required to notify the Internal Revenue Service of this grant, thus we recommend you consult with your tax advisor concerning possible income implications. Upon completion of the project, please forward copies of all invoices to me as documentation of the final project cost. I will then schedule a post -installation inspection. PSE will also need documentation from the DDC control system to verify the energy savings of the HVAC Upgrade Project. We would like to get copies of the occupancy schedules, HVAC zone set points, confirmation of HVAC lockouts, control sequences, and trend logs to verify control values versus set points. Additionally, if as -built drawings are available for the project, PSE would like copies for our records. If you have any questions, please contact me by phone at (253) 395-6978. I may also be contacted by e-mail at corey.corbett@pse.com. Thank you for participating in Puget Sound Energy's conservation programs. Sincerely, Corey Corbett, CEM Sr. Energy Management Enclosures Conservation Grant (#C-07147) W-9 (Request for Taxpayer Identification Number) Performance Mechanical Proposal & Sequence of Operations PUGET SOUND ENERGY Conservation Grant Agreement No. C-07147 Project No. 078-7759 AGREEMENT made this day of , 20 by and between PUGET SOUND ENERGY and City of Renton ("Participant"). RECITALS A. Under Puget Sound Energy's Electric Schedule 83 and Gas Schedules 205 and 251, as currently in effect and on file with the Washington Utilities and Transportation Commission, Puget Sound Energy offers grants for electricity and natural gas conservation measures installed at facilities that receive electric or natural gas service from Puget Sound Energy. B. Participant intends to install conservation measures and is requesting a grant from Puget Sound Energy under its filed Electric Schedule 83 and/or Gas Schedule 205 and 251 tariffs. AGREEMENTS Puget Sound Energy and Participants agree as follows: 1. Premises. Participant will install the conservation measures described in paragraph 2 ("Conservation Measures") at the facilities located at 200 MILL AVE S RENTON, WA 98057 (the "Premises"). Participant represents either (a) that it is the owner or contract purchaser or otherwise has the lawful authority to make the statements herein on behalf of the owner or contract purchaser of the Premises, or (b) that it is the lawful tenant of the Premises and that it has obtained written authorization from the owner or contract purchaser of the Premises. 2. Conservation Measures. Participant represents that it has contracted or will contract with a contractor or contractors (the "Contractor") for the purchase and installation at the Premises of the following Conservation Measures at the following costs: Total Cost of Eligible Conservation Measure Conservation Conservation Measures Life Measures Grant 1. HVAC Central equipment 15 $276,152.00 $93,080.00 2. HVAC Central equip - GAS 15 $489,253.00 $164,908.00 TOTAL (includes sales tax) $765,405.00 $257,988.00 Participant represents that the total cost of the Conservation Measures, as identified above, is the full amount of its obligation, after adjustment for any discounts, credits or non—PSE incentives offered. Grant. Subject to Puget Sound Energy acceptance, Puget Sound Energy will grant the Participant, after installation of the Conservation Measures, an amount equal to the Eligible Electric Schedule 83 and Gas Schedule 205 and 251 Conservation Grant (the "Grant") as identified above, providing, however, that such Conservation Measures must be installed and Grant paid within 12 months of the signing of this Conservation Grant Agreement. If for any reason the cost of the Conservation Measures is actually less than shown above, Puget Sound Energy may decrease prorata the amount of the Grant. Participant shall be responsible for paying any amount in excess of the amount of the Grant. 4. Separate Contract. The purchase and installation of the Conservation Measures shall be pursuant to a separate contract between Participant and Contractor. Puget Sound Energy is not, and shall not be deemed to be, a party to any purchase or installation contract. All obligations to any Contractor pursuant to any such contract shall be Participant's responsibility. Participant expressly acknowledges that Puget Sound Form E&G 9/10102 Energy's involvement with respect to the Conservation Measures, including but not limited to any energy analysis or inspection by Puget Sound Energy of the Premises or the Conservation Measures, is solely undertaken in connection with furnishing the Grant. The types of materials, methods of installation, quality and timing thereof, and any warranties with respect to the Conservation Measures or their installation at the Premises, are matters to be agreed upon solely between Participant and any Contractor. PUGET SOUND ENERGY HAS NOT MADE AND DOES NOT MAKE (AND PARTICIPANT ACKNOWLEDGES THAT PUGET SOUND ENERGY DOES NOT MAKE) ANY IMPLIED OR EXPRESS WARRANTY (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS) REPRESENTATION, OR PROMISE WITH RESPECT TO EITHER (A) THE CONSERVATION MEASURES, (B) ANY MATERIALS AND LABOR REQUIRED FOR OR USED IN THE INSTALLATION OF THE CONSERVATION MEASURES, OR (C) THE INSTALLATION OF THE CONSERVATION MEASURES. 5. Release. Participant releases Puget Sound Energy from any and all claims, losses, harm, costs, liabilities, damages and expenses directly or indirectly resulting from or in connection with (a) the Conservation Measures, (b) any materials and labor required for or used in the installation of the Conservation Measures, (c) the installation of the Conservation Measures, or (d) the identification, handling and disposal of any associated hazardous waste materials. 6. Disclaimer. Puget Sound Energy conducts energy analyses at the request of its customers to determine the extent to which conservation measures are cost-effective. Any estimate of energy savings made by Puget Sound Energy in connection with any such analyses is solely for the purpose of determining the cost— effectiveness of the particular conservation measures and not to be used for any other purpose. Puget Sound Energy has not and does not make any promise, warranty or representation with respect to any savings in energy consumption from Conservation Measures. 7. Termination. In the event a Participant's contribution to Puget Sound Energy's (PSE) recovery of energy efficiency program costs is affected by all or a portion of Participant's electric and/or gas delivery service being provided by a party other than PSE, then Participant shall refund to PSE an amount equal to the ratio of the unused Measure Life of the Measure(s) to the total Measure Life of such Conservation Measure(s) multiplied by the dollar amount of the Grant with respect to such Conservation Measure(s). 8. Entire Agreement. This Agreement is subject to the terms of the filed Electric Schedule 83 and Gas Schedule 205 and 251 tariffs, which are incorporated herein by this reference. This Agreement sets forth the entire agreement between the parties and supersedes any and all prior agreements with respect to the Conservation Measures. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written amendment to this Agreement signed by both parties. PUGET SOUND ENERGY PARTICIPANT By: By: Name: Bill Younger Print Name: Title: Mgr., Energy Efficiency Services By: Name: Cal Shirley Title: V.P., Energy Efficiency Services Title: Federal Tax I.D. No.: Pooh E.&G 9110/02 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER Please complete and return to: (requester's return address) FOR OFFICE USE ONLY (Requester enters name, address, and account as they appear in requester's records.) Name Locator ID Step 1. (Check ONE box only and provide your complete name and Taxpayer Identification Number.) ❑ U.S. Resident — Individual/Sole Proprietor (Form 1099 reportable) Name If you are a sole proprietor, name the owner of the business: Social Security Employer Number — _ _ —_ _ _ _ _ _ Identification Number ❑ U.S. Partnership, Limited Liability Company ("LLC"), or Trust (Form 1099 reportable) Name (as shown on your tax return) Employer Identification Number ❑ U.S. Corporation (exempt from Form 1099 reporting except for medical or legal services) (If an LLC electing corporate status for U.S. tax purposes, please attach a copy of your U.S. tax election on IRS Form 8832, Entity Classification Election) Name (as shown on your tax return) Employer Identification Number ❑ U.S. Tax -Exempt Organization or Federal, State,. or Local Government Agency (exempt from Form 1099 reporting) Name (as shown on your tax return) Employer Identification Number Step 2. Certification/Signature (Complete the following) Under penalties of perjury my signature certifies that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me). 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. 3. 1 am a U.S. person (including a U.S. resident alien). Certification Instructions - You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, number 2 above does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. Signature: Phone: Print Name: Address: Instructions for U.S. Tax Persons Title: City: Date: State: ZIP: As a business, federal income tax law requires us to report certain payments we make to you if you are not exempted from this reporting responsibility. In order for us to properly meet the federal tax law requirements, we need certain information from you. Please complete the information requested above and return this form to the address shown above. If you do not provide us with your correct taxpayer identification number, you may be subject to a $50 penalty imposed by the Internal Revenue Service. In addition, you may be subject to 28% backup withholding on reportable payments we make to you. Ijyou have any questions, please call us at (provide requester's telephone number). Are you a U.S. person? The IRS defines a U.S. person as: • a U.S. citizen; • an entity (company, corporation, trust, partnership, estate, etc.) created or organized in, or under the laws of, the United States; a state; or the District of Columbia; • a U.S. resident (someone who has a "green card" or has passed the IRS "substantial -presence test." For an explanation of the substantial -presence test, please see IRS Pub. 515 or 519, available at www.irs.gov.) If your answer is NO, please do not complete this form and contact us at (insert requester's phone number here) If your answer is YES, please complete the form. See page 2 for additional information. © Balance Consulting LLC Revised 041006 ►tructions for Non-U.S. Persons ,you are a non-U.S. resident or a corporation, partnership or other entity formed outside the U.S. and you are receiving payments as beneficial owner, IRS procedures require you to submit 2M of the following forms for use in determining the correct course of tax withholding on and information reporting of payments made to you. These forms are available at www.irs.gov: • IRS Form 8233, Exemption From Withholding on Compensation for Independent (and Certain Dependent) Personal Services of a Nonresident Alien individual OR • IRS Form W-BECI, Certificate of Foreign Person's Claim for Exemption from Withholding on Income Effectively Connected with the Conduct of a Trade or Business in the United States, OR • IRS Form W-8BEN, certification of Foreign Status of BeneficialOwnerfor United States Tax Withholding. If you are not a beneficial owner, but instead acting in an agency capacity for a beneficial owner, you may be required to submit: • IRS Form W-81MY, Certificate or Foreign Intermediary, Foreign Flow -Through Entity, or Certain U.S. Branches for United States Tax Withholding. Ifyou need assistance in completing one of the above forms, please consult your U.S. tax advisorfor the appropriate help in determining which of these forms should be submitted and in correct completion of the form. We require your provision of this information to assist us for tax purposes in correctly withholding and reporting payments we make to you for your services. Specific Instructions Name. If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first, and then circle, the me of the person or entity whose number you entered on the form. proprietor. Enter your individual name as shown on your income tax .cum. You may also enter your business, trade, or "doing business as (DBA)" name. Limited liability company (LLC). if you are a single -member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Treasury regulations section 301.7701-3, enter the owner's name and the LLC's name on the form. Other entities. Enter your business name as shown on required federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. if you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINS. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a MVbelow. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -owner LLC that is disregarded as an entity separate from its owner, enter your SSN (or EIN, if you have one). If the LLC is a corporation, partnership, etc., enter the entity's EIN. Note. See the chart on page 4 of the instructions for the IRS Form W-9, available at www.irs.gov, for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.socialsecurity.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gowbusinesses and clicking on Employer ID Numbers under Related Topics. You can get Forms W-7 and SS4 from the IRS by visiting www.irs.gov or by calling 1-800-TAX-FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not have a TIN, write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Writing "Applied Foe' means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W-8. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, or 2. You do not certify your TIN when required, or 3. The IRS tells the requester that you furnished an incorrect TIN, or 4. The iRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions for the IRS Form W-9, available at www. irs.gov, under "Exempt from Backup Withholding" for more information. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of Hebt, or contributions you made to an IRA, or Archer MSA or HSA. The IRS uses the numbers for identification purposes and to help verify the accuracy your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, and the ,istrict of Columbia to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply. © Balance Consulting LLC Revised 041006 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Public Works Department Dept/Div/Board.. Transportation Systems Division Staff Contact...... Jim Seitz, Transportation Planning and Programming Supervisor, extension 7245 Subject: Modeling Services Contract with Rao Associates, Inc. to Support the Department of Community and Economic Development Traffic Impact Fee Study Exhibits: Issue Paper Rao Associates, Inc. Consultant Agreement AI #: For Agenda of: May 11, 2009 Agenda Status: Consent .............. Public Hearing...... Correspondence.... Ordinance........... Resolution........... Old Business........ New Business....... Study Sessions...... Information......... Other ................ Interlocal a X Recommended Action: Approvals: Council concur Legal Dept.......... X Finance Dept....... Fiscal Impact: Fund 317 TIP #33 Expenditure Required..... $32,736 Transfer/Amendment....... Amount Budgeted ......... $50,000 Revenue Generated......... SUMMARY OF ACTION: The Transportation Systems Division requests approval to enter into a contract with Rao Associates, Inc. to perform transportation modeling services to support the development of a traffic impact fee study being conducted by the Department of Community and Economic Development. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the contract with Rao Associates, Inc. in the amount of $32,736 for transportation modeling services. H:\Division.s\TRANSPOR.TAT\ADMIN\Agenda 2009\Rao Contract Agenda Bill.doc PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: May 11, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: 5 Denis Law, Mayor FROM: -�-f Gregg Zimmermal(,u lic Works Administrator STAFF CONTACT: Jim Seitz, Transportation Planning and Programming Supervisor, extension 7245 SUBJECT: Modeling Services Contract with Rao Associates, Inc. to Support the Department of Community and Economic Development Traffic Impact Fee Study ISSUE:. Should the Council approve a contract with Rao Associates, Inc. in the amount of $32,736 for transportation modeling services? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the contract with Rao Associates, Inc. in the amount of $32,736 for transportation modeling services. BACKGROUND: The City Council recently approved a contract with Henderson, Young and Company for $121,250 to analyze the City of Renton impact fees and make recommendations for potentially revising the fee methodology and amounts. The Department of Community and Economic Development is the lead on this study, however the study requires the Transportation Systems Division provide the primary data to support the transportation methodology developed by Henderson, Young and Company. Parks and fire fees are also being reviewed. The two primary tasks that will need to be performed to provide the needed transportation data are: 1. Develop a methodology to calculate the level of service for the City's street network. 2. Update Renton's EMME traffic model to 2008 PM peak hour traffic conditions and develop 2030 PM peak hour traffic forecasts. Randy Gorman, Council President Members of the Renton City Council May 11, 2009 Page 2 of 2 We are requesting Council approval to enter into the attached agreement with Rao Associates, Inc. to perform these work tasks. Rishi Rao of Rao Associates, Inc. has a long-standing relationship with the Transportation Systems Division providing transportation modeling consultant services and has done similar work for the City of Newcastle on its impact fee study also conducted by Henderson, Young and Company. This contract will be funded from TIP #33 — Transportation Concurrency $32,736. TIP #33 Budget Summary: 2009 Budget $10,000 Carryforward 40,000 Total 2009 Budget = $50,000 cc: Peter Hahn, Deputy PW Administrator — Transportation Connie Brundage, Transportation Administrative Secretary File H:\Division.s\TRANSPOR.TAT\ADMIN\Agenda 2009\Rao Contract Issue Paper.doc Consultant/Address/Telephone LocalAgency Rao Associates, Inc. Standard Consultant Agreement- Rishi Rao 5100 NE 55t" Street _ . .... Seattle, WA 98105 ® Architectural/Engineering Agreement ❑ Personal Services Agreement Agreement Number Federal Aid Number Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method ❑ Actual Cost ❑ Actual Cost Not To Exceed ❑ Fixed Rate Fixed Fee $ _ ® Specific Rates Of Pay ® Negotiated Hourly Rate ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work - -- ._ __ _ _ _ ------ Project Title And Work Description Impact Fee Study — Transportation Modeling Services i _ _... DBE Participation % ❑ Yes ® No % Federal ID Number or Social Security Number 91-1588925 _ % Do you require a 1099 for IRS? Completion Date } ❑ Yes ® No 12/31/2009 i i Total Amount Authorized $ $29,760 i - Management Reserve Fund $ $2,976 Maximum Amount Payable $ $32,736 Index of Exhibits Exhibit "A" — Scope of Work Exhibit "B" — DBE Participation — not applicable Exhibit "C" — Electronic Exchange of Engineering and Other Data Exhibit "D" — Payment (by Agreement Type) Exhibit "E" — Consultant Fee Determination Exhibit "F" — Consultant Hourly Rate Sheet Exhibit "G" — Subcontract Work/Fee Determination Exhibit "H" — Title VI Assurances Exhibit "I" — Payment Upon Termination of Agreement Exhibit "J" — Alleged Consultant Design Error Procedures Exhibit "K" — Consultant Claim Procedures Exhibit "L" — Liability Insurance Increase — not applicable Exhibit "M" — Certification Documents THIS AGREEMENT, made and entered into this day of , between the Local Agency of , Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT". DOT Form 140-089 EF Page 1 Revised 6/05 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistant of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY. NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEME. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meeting requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A". The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in. written and graphical form the various phases and the order of performance of thework in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the -award and administration of USDOT-assigned contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. if the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation .Plan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with _ the AGENCY. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the, AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. DOT Form 140-089 EF Page 2 Revised 6/05 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, suppliers, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub -Contracting The AGENCY permits sub -contracts for those items of work shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub -consultant work shall be based on the cost factors shown in Exhibit "G". The work of the sub -consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub -consultant shall be substantiated in the same manner, as outlined in Section V. All sub -contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub -contracting shall create, between the AGENCY and sub -- contractor, any contract or any other relationship. A DBE certified sub -consultant is required to perform a minimum amount of their sub -contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee; commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall. have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a DOT Form 140-089 EF Page 3 Revised 6/05 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contracts, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) Americans with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound.by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days.written notice_ to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. DOT Form 140-089 EF Page 4 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory.personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, of disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. The subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or.for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the. AGENCY find it. desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the' CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided; however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decisi%, that. decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning claims will be conducted under the procedures found in Exhibit "K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall.have the right to appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. DOT Form W-089 EF Page 5 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to.be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. , The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) The AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against. the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the Stage Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The.per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall. furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of.insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. DOT Form 140-089 EF Page 6 0-i-A AM, The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive, and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work e changes within the general scope of the AGREEMENT in A. The.AGENCY may -at any time, by written order, mak the services to.be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment', hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters — Primary Covered Transactions, Exhibit "M-3" Certification .Regarding the Restrictions and the Use of Federal Funds for Lobbying and Exhibit "m4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and Exhibit "M4" is required only in AGREEMENTS over $500,000. XVlll Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by parties. No agent, or representative of either party has authority to make, and t he parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be art original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. DOT Form 140-089 EF Page 7 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. BY By Consultant Rao Associates, Inc. Agency City of Renton DOT Form 140-089 EF Page 8 P i-1 WN, EXHIBIT A Scope of Services Rao Associates, Inc. Scope of Work Develop Traffic Forecasts using City of Renton EMME Traffic Model to Support the Development of Traffic Impact Fees The City has contracted with Henderson, Young and Company to analyze and make recommendations regarding the City of Renton's Traffic Impact Fee. The following is a scope of work and level of effort for providing transportation modeling services to support their analysis and recommendations on traffic impact fees for the City of Renton. Task 1: Develop Methodology to Calculate Level of Service for City's Roadway Network Consultant Responsibilities: Assist City staff in setting up a traffic count database of 2008 Base Year AM/PM peak hour directional traffic counts for roadways and/or turning movement counts for intersections for the roadway network system identified to be monitored for measurement and reporting of level of service. Assist City staff in developing PM peak hour vehicular capacity assumptions (passenger cars per hour per lane — pcphpl) for the City's roadway network. • Develop level of service methodology recommended by Henderson Young and Co. to measure volume to capacity ratios for arterials and or intersections. Estimate level of service for 2008 PM peak hour traffic conditions. • Check for "reasonableness" 2008 level of service estimates. . • Attend up to 2 meetings with City staff and Henderson,. Young and Co. • Prepare technical memorandum documenting level of service methodology. City Responsibilities: • Develop a database of 2008 PM peak hour traffic counts and PM peak hour vehicular capacity assumptions (passenger cars per hour per lane — pcphpl) for the City's roadway network. • If needed, also develop a database of 2008 PM peak hour turning movement counts for selected intersections in the City's roadway network. • Review the 2008 level of,service estimates Level of Effort: 80 hours @ $124.00 per hour Task 1 Cost: $9,920 Task 2: Update Renton EMME Traffic Model to 2008 PM Peak Hour Traffic Conditions and Develop 2030 PM Peak Hour Traffic Forecasts Consultant Responsibilities: • Update 2006 Renton EMME model to 2008 by adding all "Permitted and Occupied projects between 01/01/2006 and 12/31/2008". • Validate 2008 Renton Model to PM peak hour traffic conditions. • Assist City staff in updating/reviewing the 2030 land use forecasts for developing a 20-year PM peak hour traffic forecasts. • Assist City staff in developing the City's 20-year transportation improvement project list. • Develop 2030 EMME model to develop PM peak hour traffic forecasts to measure the volume to capacity ratios resulting from the 20-year land use and transportation improvement development scenario. • Work with Henderson, Young and Co. to develop 2030 traffic estimates that will be needed to test various traffic impact fee scenarios. Develop and document 2030 PM peak hour volume to capacity ratios and other traffic estimates used in the development of the City's Traffic Impact Fee. • Analyze the 2030 volume to capacity ratios to level of service standards and determine relative degradation of volume to capacity ratios compared to 2008 Base Year conditions. • Calculate proportional share of traffic impacts/degradation relative to the 6- year land use development scenario. • Attend up to 3 meetings with City staff and Henderson, Young and Co. • Prepare technical memorandum documenting the 2008 model update and the development of the 2030 traffic forecasts. City Responsibilities: • Provide a list of "Permitted and Occupied development projects between 01 /01 /2006 and 12/31 /2008". • Provide a list of pipeline development projects to develop the 2030 land use forecast. • Review the 2030 housing and employment estimates provided by consultant. • Provide the City's 20-year transportation improvement project list. Level of Effort: 160 hours @ $124.00 per hour Task 2 Cost: $19,840 Total Cost: $9,920 + $19,840 = $29,760 Exhibit D-3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform with all applicable portions of 48 CFR 3 1. 1. Hourly Rates The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits D and E attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first 12-month period and shall be subject to negotiation for the following 12-month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent 12-month periods within 90'days after completion of the previous period, the rates listed in this AGREEMENT or subsequent written authorization(s) from the AGENCY shall be utilized for the life of the AGREEMENT. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. In the event renegotiation of the hourly rates is conducted, the AGENCY reserves the right to audit for any change in the overhead rate currently in use by the CONSULTANT and modify the hourly rates to be paid to the CONSULTANT subsequent to the renegotiation accordingly. Any changes in the CONSULTANT'S fixed hourly rates may include salary or overhead adjustments. 2. Direct Nonsalary Costs Direct nonsalary costs will be reimbursed at the actual cost to the. CONSULTANT. These charges may include, but are not limited to the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed as the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and designation of such trips. Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees. The billing for nonsalary cost, directly identifiable with the PROJECT, shall be an itemized listing of the charges supported by the original bills, invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies - of all original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund The AGENCY may desire to establish a Management Reserve.Fund to provide the. Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $50,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this agreement. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the "Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work." DOT Form 140-089 EF Page 11 P—i—1 Fin., 4. Maximum Amount Payable The maximum amount payable for completion of work under this AGREENENT shall not exceed the amount shown in the heading of this AGREEIMENT. The maximum amount payable includes the Management Reserve Fund, but does not include payment for extra work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREENENT. 5. Monthly Progress Payments Progress payments may be claimed on a monthly basis for all costs authorized in I and 2 above. The monthly invoices shall be supported by detailed statements for hours expended at the rates established in Exhibits D and E, including names and classifications of all employees, and invoices for all direct nonsalary expenses. To provide a means of verifying the invoiced salary costs for the consultant's employees, the agency may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the project at the time of the interview. 6. Inspection of Cost Records The CONSULTANT and his/her subconsultants shall keep available for inspection by representatives of the AGENCY, STATE, and the United States, for a period of three years after final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with following exception: if any litigation, claim, or audit is started before the three-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. The three-year retention period begins when the CONSULTANT receives final payment. 7. Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within ninety (90) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT or any claims relating to the validity of a finding by the AGENCY of overpayment. - DOT Form 140-089 EF Page 12 Po-1 ams Exhibit E-2 Rao Associates, Inc. Consultant Fee Schedule — Summary Sheet (Specific Rates of Pay) Personnel Hourly Rate Overhead _ 123%/a Fee 25% Billing Rate Rishi Rao, AICP $50.00 $61.50 $12.50 $124.00 Exhibit F Rao Associates, Inc. Breakdown of Overhead Schedule Frin a Benefits _ _ FICA — 11.00% Unemplo ment Workers Compensation 1.70% 0.60% ` Medical/Dental Insurance 9.70% Vacation/Holidays/Sick s/Sick Leave 20.00% Total Fringe Benefits 43.00% General Overhead (FAR Allowed Indirect) Taxes + Business Licenses 8.00% Business Insurance 1.50% Administration & Time Not Assignable._ 25.00% Proposal Labor Not Assignable 25.00% Office Supplies & Services 6.00% Professional Services — Le al & Accountin 5.00% Telephone 4.00% Fees, Dues & Professional Development 2.50% Office E ui ment & Maintenance 3.00% Total General Overhead 80.00% _ Total Fringe Benefits + General Overhead 123.00% Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: I. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub -consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONOSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it; the STATE or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub -consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. DOT Form 140-089 EF Page 16 Revised 6/05 Exhibit Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Costs Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. oor Form 140-089 EF Page 17 Revised 6/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes is has suffered some material damage due to the alleged error by the consultant. Step 1 — Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded. projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 — Project Manager Documents the Alleged Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's al leged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives,. negotiate a settlement with the consultant. The settlement would be paid to the agency for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region Local Programs DOT Form 140-089 EF Page 18 0-A-A ains Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 — Forward Document to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded though the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FWA. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H&LP will also request assistance from the Attorney General's Office for legal interpretation. H&LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. DOT Form 140-089 EF Page 19 P—i—I Fm. Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 — Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. • The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will.• meet with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through fhe Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highway and Local Programs (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action is needed regarding the claim procedures. If the agency does not agree with the consultant's claim, proceed to step 3 of the procedures. DOT Form 140-089 EF Page 20 Revised 6105 Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claiT, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, of portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. DOT Form 140-089 EF Page 21 Exhibit M-1(a) Certification of Consultant 1 hereby certify that 1 am Rishi Rao and duly authorized representative of the firm of Rao Associates, Inc whose address is 5100 NE 55th Street Seattle WA 98105 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. r_N D3 Date Signature DOT Form 140-089 EF Page 23 oo,4-4 pins Exhibit M-1(b) Certification of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of the Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature DOT Form 140-089 EF Page 24 P-A-1 amr Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I)(B) . of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 1I. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): Rao Associates Inc. (Date) (Signature) President or A nze official of Consultant DOT Form 140-089 EF Page 25 P-i-i amr Exhibit M-3 Certification Regarding the Restrictions of the use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: l . No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an office or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement: If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than 510,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $10,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): Rao Associates Inc. (Date) (Signature) Preside. t or ,Dial of Consultant DOT Form 140-089 EF Page 26 RPvicart RMS . CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Public Works Department Dept/Div/Board.. Utility Systems Division/Surface Water Utility Staff Contact...... Ron Straka (ext. 7248) Allen Quynn (ext. 7247) Subject: 2009-2010 Mosquito Abatement Program Contract Exhibits: Issue Paper Contract AI #: For Agenda of: May 11, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... X Recommended Action: Approvals: Council Concur Legal Dept......... Finance Dept...... X Other. Fiscal Impact: Expenditure Required... $53,315.55 Transfer/Amendment....... Amount Budgeted....... $63,961.25 Revenue Generated......... Total Project Budget $63,961.25 City Share Total Project.. SUMMARY OF ACTION: The Surface Water Utility requests approval of the 2009-2010 Mosquito Abatement Program contract, with Whitworth Pest Solutions, Inc. in the amount of $53,315.55. The contract would authorize Whitworth Pest Solutions, Inc., sole -source provider of the 2009-2010 Mosquito Abatement Program, to apply adulticide in uplands areas east of Panther Creek Wetlands in the Talbot Hill area (Task 1). In addition, Whitworth will apply larvicide to City stormwater facilities, irrigation facilities and catch basins owned by the Surface Water Utility, Parks Division, Facilities Division and Golf Course for the control of mosquitoes (Task 2). The 2009-2010 Mosquito Abatement Program will be funded through the approved Surface Water Utility 2009 Capital Improvement Project budget account and the 2009 Community Services budget. The approved Surface Water Utility budget for the 2009 Mosquito Abatement Program is $50,000. The Surface Water Utility share of the total contract amount is $39,354.30. The approved 2009 Maplewood Golf Course operating fund will be used to fund the Golf Course's share of the contract ($4,790.63). The Parks Division's and Facilities Division's shares of the contract are $8,349.37 and $821.25 respectively, which will be funded out of the 2009 approved Maintenance Operating funds. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the 2009-2010 Mosquito Abatement Program contract, in the amount of $53,315.55, with Whitworth Pest Solutions, Inc., as sole -source provider of pest control consultant services. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2000 Mosquito Abatement Program\2009 Program\Contracts\2009 AgendaBill.doc\AQtp