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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, May 2, 2022 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely through Zoom. Audience comments will be accommodated through Zoom. Speakers must click the link to the registration form (linked below), fill it out, and submit it by 5 p.m. on the day of the Council meeting. The public may also submit comments in writing to cityclerk@rentonwa.gov by 5 p.m. on the day of the meeting. Registration is not required for those who wish to speak during public hearings. Registration for Audience Comment Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting. • Request to Speak Registration Form • You may also copy/paste the following URL into your browser: https://forms.office.com/g/bTJUj6NrEE • You may also call 425-430-6501 or email jsubia@rentonwa.gov or cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email address and/or phone number, and topic in your message. • Instructions for Virtual Attendance For those wishing to attend by Zoom, please (1) click this link: https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy the URL and paste into a web browser) or (2) call-in to the Zoom meeting by dialing 253- 215-8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Those providing audience comments will be limited to 5 minutes each speaker unless an exception is granted by the Council. Attendees will be muted and not audible to the Council except during times they are designated to speak. Advance instructions for how to address the Council will be provided to those who sign up in advance to speak and again during the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. PROCLAMATION a) Building Safety Month - May 2022 4. ADMINISTRATIVE REPORT a) Administrative Report 5. AUDIENCE COMMENTS NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of April 25, 2022. Council Concur b) AB - 3112: Community & Economic Development Department recommends approval to execute grant agreements with the Port of Seattle to accept up to $130,000 in grant funds for tourism development and small business assistance. The City's total match for the grants is $70,000. Refer to Finance Committee c) AB - 3115: Parks & Recreation Department submits a list of fee waivers for park, shelter rental, parking garage passes, permits, and usage fees for community events in 2022 totaling $20,675. Refer to Finance Committee d) AB - 3117: Public Works Airport Division submits CAG-21-184, contract with Road Construction Northwest, Inc., for the 2021 Runway PCC Panel Repair project, and requests acceptance of the project, approval of the final pay estimate in the amount of $47,201.97, and release of the retainage bond after 60 days once all required releases from the State are obtained. Refer to Transportation (Aviation) Committee e) AB - 3116: Public Works Maintenance Services Division requests authorization to purchase one 2012 Ford F550 for the Surface Water division in the amount of $288,300.77, using the Houston-Galveston Area Council shared purchasing contract. Any budget gap will be covered in the next biennial budget amendment. Council Concur f) AB - 3118: Public Works Transportation Systems Division recommends approval to execute a professional services agreement with MIG, Inc., in the amount of $1,244,283.67, for preliminary and final design services for the Renton Connector Project. Refer to Transportation (Aviation) Committee g) AB - 3119: Public Works Utility Systems Division recommends approval to execute Amendment No. 4 to CAG-19-313, with Otak, Inc., in the amount of $1,145,100 for design services for the Monroe Ave NE Storm Improvement project. Refer to Utilities Committee 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Utilities Committee: Agreement for Transfer of Water Service between the City of Renton and King County Water District #90* 8. LEGISLATION Resolution: a) Resolution No. 4468: Authorizing agreement on Transfer of Water Service between the City of Renton and King County Water District #90 (See item 7.a) Ordinance for second and final reading: b) Ordinance No. 6064: Amendment to Planning Commission Membership, RMC 2-10-5.A (First Reading on 4/25/2022) 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 6:00 p.m. - MEETING REMOTELY Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings ArmondoPavoneMayorWfiereas,CityofRentoniscommittedtorecognizingthatourgrowthandstrengthdependsonthesafetyofourhomes,buildings,andinfrastructure,bothineverydaylifeandwhendisasterstrikes;andWfiereas,ourconfidenceintheresilienceofthesebuildingsisachievedthroughthedevotionofvigilantguardians—building,safetyandfirepreventionofficials,architects,engineers,builders,tradespeople,designprofessionals,laborers,plumbers,andothersintheconstructionindustry—whoworkyear-roundtoensurethesafeconstructionofbuildings;andWftereas,theseguardiansarededicatedmembersoftheInternationalCodeCouncil,anonprofitthatbringstogetherlocal,state,territorial,tribal,andfederalofficialswhoareexpertsinthebuiltenvironmenttocreateandimplementthehighestqualitycodestoprotectusinthebuildingswherewelive,learn,workandplay;andWñereas,thesemodernbuildingcodesincludesafeguardstoprotectthepublicfromhazardssuchashurricanes,snowstorms,tornados,wildlandfires,floods,andearthquakes;andWfiereas,“SafetyforAll:BuildingCodesinAction,”thethemeofBuildingSafetyMonth,remindsthepublicaboutthecriticalroleofourcommunity’slargelyunknownprotectorsofpublicsafety—ourlocalcodeofficials—whoassureusofsafe,sustainable,andaffordablebuildings;andWñereas,weacknowledgetheessentialserviceprovidedtoallofusbylocalandstatebuildingdepartments,firepreventionbureaus,andfederalagenciesinprotectinglivesandproperty;Wow,tñereJore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimMay2022tobecBui(éingSafety14ontñintheCityofRenton,andIencourageallcitizenstojoinmeinthisspecialobservance.InwitnesswfiereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis2nddayofMay2022.Armodoavone,MayorCityoRenon,WashingtonentonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govProctamationAGENDA ITEM #3. a) Mayor’s Office Memorandum DATE: May 2, 2022 TO: Ryan McIrvin, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • The Renton Multicultural Festival returns to a two-day, in-person event. Join us Friday, May 6 from 6 to 9 p.m. at Renton Civic Theatre, 507 South 3rd Street and Saturday, May 7 from 11 a.m. to 3 p.m. at Renton Pavilion Events Center, 233 Burnett Avenue South. Enjoy live performances of cultural music and dance, traditional crafts, and local artist displays. The festival’s fashion show is Saturday at 2:30 p.m. Food trucks will also be in attendance, and maps will help you navigate your way to visit some of Downtown Renton’s fabulous restaurants and businesses. For more information and a soon-to-be- released performance schedule, visit www.rentonwa.gov/festival. • In partnership with Republic Services and Styro Recycle, Solid Waste Utility Division will host the first of three Mini Recycle Events on Saturday, May 7, 2022, 10:00 a.m. to 2:00 p.m. at Renton Technical College. Materials collected will be scrap metal, including large appliances, polystyrene (Styrofoam ™), and bubble-wrap. Food donations will also be collected for the Renton Salvation Army Food Bank. For more information visit: Renton Mini Recycle Events. • On Saturday, May 7, from 10am to 2pm, join Renton Police Department and Mercer Island Marine Patrol to learn about water safety. The event will be at Gene Coulon Memorial Beach Park, 1201 Lake Washington Blvd N. There will be courtesy vessel inspections, safety tips, giveaways, games and more. • Negotiations with Republic Services for customer credits resulting from the missed collection of garbage during the January labor disruption have concluded. Single-family residential customers who experienced missed garbage collection will receive a credit with their second-quarter billing. Multifamily and commercial customers who experienced missed garbage collection will receive a credit for each garbage container not collected with their April billing. • Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. AGENDA ITEM #4. a) Ryan McIrvin, Council President Members of Renton City Council Page 2 of 3 May 2, 2022 Preventative street maintenance, traffic impact projects, and road closures will be at the following locations:  Monday, May 2 through Thursday, May 5, 7:00 a.m. to 4:00 p.m. Asphalt repairs on Talbot Road South between S. 55th Street and S. 45th Street. Flaggers will assist with traffic control.  Monday, May 2 through Friday, May 6, 7:00 am to 2:30 pm. Single intermittent lane closures on the southernmost eastbound lane on NE Sunset Boulevard between Aberdeen Ave NE overpass and Harrington Avenue NE due to utility construction. Questions may be directed to Brad Stocco, 425-282-2373.  Monday, May 2 through Friday, May 6, 8:30 am to 3:00 pm. Intermittent lane closures on Logan Avenue N just south of N 8th Street due to roadway construction. Questions may be directed to Brad Stocco, 425-282-2373.  Monday, May 2 through Friday, May 6, 8:30 am to 3:00 pm. Intermittent lane closures on N 8th Street between Logan Avenue N and Park Avenue N due to roadway construction. Questions may be directed to Brad Stocco, 425-282-2373.  Monday, May 2 through Friday, May 6, 8:30 am to 3:00 pm. Intermittent lane closures in both directions of Duvall Avenue NE between NE 10th Street and NE 12th Street due to utility construction. Questions may be directed to Tom Main, 206-999- 1833.  Tuesday, May 3, 8:30 a.m. to 12:00 p.m. At NE Sunset Boulevard and Union Avenue NE, curb lane eastbound direction for approximately 100 feet will be closed for concrete repairs.  Wednesday, May 4 through Thursday, May 5, 8:00am to 1:00 pm. Lane #1 westbound for appx 100 feet will close for concrete repairs at 4114 NE 4th St.  Downtown Utility Improvement Project. Pavement restoration began last week. Paving will be completed early this week, weather permitting. Once paving is complete, the contractor will adjust manhole lids and install pavement striping into the month of June. Expect lane closures, parking restrictions and detours as the paving operation moves around the downtown core. Additional information can be found at rentonwa.gov/duip.  Stormwater Green Connections Project. Final pavement restoration on Jefferson Ave NE from NE 12th St to NE 16th St began April 27. Final pavement restoration on NE 16th St from Harrington Ave NE to Jefferson Ave NE is scheduled completion by April 29. Once paving is complete, the contractor will adjust manhole lids and install pavement striping by end of May. There will be minor lane closures during the pavement restoration but local access to residents and to Meadow Crest Early Learning Center will be maintained. AGENDA ITEM #4. a) Ryan McIrvin, Council President Members of Renton City Council Page 3 of 3 May 2, 2022  Duvall Avenue NE Project: Continuous right lane closure on northbound Duvall Avenue NE between NE 7th and NE 10th Street and southbound Duvall Ave NE between NE 9th street and Sunset Blvd., and right-turn lane closure on southbound Duvall Ave NE and NE 4th Street. Estimated project completion is February 2023.  On-going Street Closure through October 4, 2023 (City of Renton Resolution No. 4446). FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and Harrington Place NE in support of the Solera Development Project (LUA20-000305). Questions may be directed to Brad Stocco, 425-282-2373. AGENDA ITEM #4. a) April 25, 2022 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, April 25, 2022 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM. ROLL CALL Councilmembers Present: Ryan McIrvin, Council President James Alberson, Jr., Council Position No. 1 Carmen Rivera, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ed Prince, Council Position No. 5 Ruth Pérez, Council Position No. 6 Kim-Khánh Vǎn, Council Position No. Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Shane Moloney, City Attorney Patrice Kent, Senior Assistant City Attorney Jason Seth, City Clerk Judith Subia, Council Liaison Kristi Rowland, Deputy Chief Administrative Officer Chip Vincent, Community & Economic Development Administrator Martin Pastucha, Public Works Administrator Kari Roller, Finance Department Administrator Ellen Bradley-Mak, Human Resources and Risk Management Administrator Ron Straka, Public Works Utility Systems Director Vanessa Dolbee, Planning Director Amanda Askren, Interim Economic Development Director Mark Santos-Johnson, Community Development & Housing Manager Hannah Bahnmiller, Housing Programs Manager AGENDA ITEM #6. a) April 25, 2022 REGULAR COUNCIL MEETING MINUTES PROCLAMATION a) National Infertility Awareness Week: A proclamation by Mayor Pavone was read declaring April 24 - 30, 2022 to be National Infertility Awareness Week in the City of Renton, encouraging all citizens to join in this special observance. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. ADMINISTRATIVE REPORT CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2022 and beyond. Items noted were: • The Emergency Feeding Program/SOS will be hosting a pop-up lunch event at the new King County Permanent Supportive Housing site located at 1150 Oakesdale Avenue SW, from 12:30-2 p.m. on Tuesday, April 26. Unsheltered and those residents with food insecurities will receive free ready-to-eat food and drinks from Amazon Fresh. Personal hygiene kits, cleaning supplies, and socks will also be available. Future pop- up lunch events are scheduled for the first and third Tuesdays of the month. Locations will be announced monthly. • Kiwanis Park will be closed for construction of park improvements beginning April 26, with an anticipated reopening by the end of December 2022. Improvements include an ADA accessible entrance at Union Avenue, ballfield upgrades with synthetic turf in- field and covered dugouts, a new restroom, a new shelter with picnic tables, a new playground with play structures for ages 2 to 5 and 6 to 12, and much more. Visit rentonwa.gov/currentprojects to learn more about this bond-funded park renovation. • On Saturday April 30 from 9 a.m. to 12 p.m., Renton Police Department is sponsoring a Shred-a-Thon plus prescription drug take back and food drive at Renton Memorial Stadium, 405 Logan Ave North. Bring up to five boxes of your personal papers, unused or expired prescriptions, and over-the-counter medications for safe disposal. Dry or canned food goods as well as cash donations to benefit the Salvation Army will also be accepted. More information can be found at: rentonwa.gov/shredathon. • The Renton Multicultural Festival returns to a two-day, in-person event. Join us Friday, May 6 from 6-9 p.m. at Renton Civic Theatre, 507 South 3rd Street and Saturday, May 7 from 11 a.m.-3 p.m. at Renton Pavilion Events Center, 233 Burnett Avenue South. Enjoy live performances of cultural music and dance, traditional crafts, and local artist displays. The Festival’s Fashion Show is scheduled for Saturday at 2:30 p.m. Food trucks will also be in attendance, and maps will help you navigate your way to visit some of Downtown Renton’s fabulous restaurants and businesses. For more information and a soon-to-be-released performance schedule, visit www.rentonwa.gov/festival. • In partnership with Republic Services and Styro Recycle, Solid Waste Utility Division will host the first of three Mini Recycle Events on Saturday, May 7, 2022, 10:00 a.m. to 2:00 p.m. at Renton Technical College. Materials collected will be scrap metal, including large appliances, polystyrene (Styrofoam ™), and bubble-wrap. Food donations will also be collected for the Renton Salvation Army Food Bank. For more information visit: Renton Mini Recycle Events. AGENDA ITEM #6. a) April 25, 2022 REGULAR COUNCIL MEETING MINUTES • Surface Water Utility Division is developing a stormwater management action plan to protect water bodies from pollution and improve water quality in a selected high- priority basin in Renton’s watersheds. You’re invited to help select the basin and share your ideas for the stormwater management action plan. Learn more at rentonwa.gov/watersheds. • Preventative street maintenance will continue to impact traffic and result in occasional street closures. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of April 18, 2022. Council Concur. b) AB - 3111: Executive Services Department requested authorization to execute the One Washington Memorandum of Understanding between Washington Municipalities; preserving the City's ability to participate in potential settlement discussions regarding litigation initiated against opioid manufacturers, distributors, and dispensaries as being a public nuisance to Washington communities. Council Concur. c) AB - 3113: Community & Economic Development Department requested authorization to provide a notice of termination of the Real Estate and Development Disposition with Cosmos International Corp. as contemplated by Section 6.3 of the agreement. Council Concur. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. UNFINISHED BUSINESS a) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the following payments: 1. Accounts Payable – total payment of $11,476,279.47 for vouchers 10457-10458, 399303-399307, 399316-39918, 399320-399605; payroll benefit withholding vouchers 6816-6818, 6821-6822, 6825-6830, 399308-399315 and 4 wire transfers. 2. Payroll – total payment of $1,646,799.13 for payroll vouchers that include 600 direct deposits and 7 checks. (3/16/2022-3/31/22 pay period). 3. Kidder Mathews vouchers 1123-1146 totaling $48,639.28. 4. Municipal Court vouchers 018007-018017 totaling $34,500.00. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to execute the Contract Amendment with PND Engineers, Inc. in the amount of $138,888.73. The full cost of the contract amendment has been budgeted in account 316.332069.020.594.76.63.000, which includes bond funding. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to authorize a salary of Step D, grade m22, for the new Health and Safety Coordinator (2-year Limited Term) in the HRRM Department. AGENDA ITEM #6. a) April 25, 2022 REGULAR COUNCIL MEETING MINUTES MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. d) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the following: 1. Budget amendment and adopt the ordinance amending the 2021/2022 biennial budget to increase revenues by $98,040,426, for an amended total revenues of $693,958,487 over the biennium, and increase expenditures by $198,035,866, for an amended total expenditures of $896,270,801 over the biennium; and amending the 2022 salary table. The Committee further recommended that Section 6.13 of Policy & Procedure 800-07 be waived and that the related ordinance be presented for first and second and final reading at tonight's Council meeting. 2. Approve the resolution amending the 2021/2022 Fee Schedule. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. e) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the Amendment No. 1 to Agreement (CAG-06-163) with the Washington State Department of Transportation (WSDOT) for the Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Phase. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. f) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the reorganization request for the Community and Economic Development Department. CED has been able to balance the cost of the reorganization request by adjusting fees to best match the current market. • Additional Revenue: $655,119.71 • Re-Org Cost: ($617,895.51) • Difference: $37,224.20 The Committee further recommended that Section 6.13 of Policy & Procedure 800-07 be waived and that the related ordinance be presented for first and second and final reading and adopted at tonight’s Council meeting. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Resolution: a) Resolution 4467: A resolution was read amending the 2021/2022 City of Renton Fee Schedule. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. AGENDA ITEM #6. a) April 25, 2022 REGULAR COUNCIL MEETING MINUTES Ordinance for first reading: b) Ordinance 6064: An ordinance was read amending Subsection 2-10-5.A of the Renton Municipal Code by allowing owners of a business in the City of Renton to be members of the Planning Commission, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. Ordinances for first reading and advancement to second and final reading: c) Ordinance 6063: An ordinance was read amending Section 3-3-5 of the Renton Municipal Code to update divisions in the Community and Economic Development department, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING AT TONIGHT'S MEETING. CARRIED. Following second and final reading, it was MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. d) Ordinance 6062: An ordinance was read amending the City of Renton fiscal years 2021/2022 biennial budget as adopted by Ordinance No. 5991 and amended by Ordinance Nos. 6017, 6021, and 6030, by increasing the budgeted revenues and expenditures by $98,040,426 and $198,035,866, respectively, amending the 2022 salary table, and establishing an effective date. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING AT TONIGHT'S MEETING. CARRIED. Following second and final reading, it was MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance for second and final reading: e) Ordinance No. 6060: An ordinance was read amending Section 10-8-1 of the Renton Municipal Code, codifying the conversion of certain streets, or segments of streets, from one- way to two-way, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY VǍN, SECONDED BY PRINCE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL AMEND ORDINANCE 6064 TO INSERT THE WORD "SMALL" BEFORE THE WORD "BUSINESS" PRIOR TO SECOND AND FINAL READING ON MAY 2, 2022. CARRIED. AGENDA ITEM #6. a) April 25, 2022 REGULAR COUNCIL MEETING MINUTES ADJOURNMENT MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL ADJOURN. CARRIED. TIME: 7:24 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 25 Apr 2022 AGENDA ITEM #6. a) Council Committee Meeting Calendar April 25, 2022 May 2, 2022 Monday 4:00 PM Utilities Committee, Chair Alberson – VIDEOCONFERENCE 1. Agreement for Transfer of Water Service between the City of Renton and King County Water District #90 2. Emerging Issues in Utilities • Downtown Utility Improvement Project Update • Republic Services Customer Credits Update 5:00 PM Community Services Committee, Chair Rivera – VIDEOCONFERENCE 1. Recreation Programs and Events Update CANCELED Transportation Committee, Chair Văn 6:00 PM Committee of the Whole, Chair McIrvin – VIDEOCONFERENCE 1. Sunset Area Transformation Update 7:00 PM Council Meeting – VIDEOCONFERENCE AGENDA ITEM #6. a) AB - 3112 City Council Regular Meeting - 02 May 2022 SUBJECT/TITLE: Port of Seattle’s Economic Development Support Program Grant RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Amanda Askren, Economic Development Director (Acting) EXT.: 7369 FISCAL IMPACT SUMMARY: The city has applied for and will be awarded a total of $130,000 from the Port of Seattle’s Economic Development Partnership Program in exchange for the commitment of a $70,000 match from the City of Renton. The grants will be matched by lodging tax expenditures awarded to the Renton Community Marketing Campaign. SUMMARY OF ACTION: AGENDA ITEM #6. b) The Port of Seattle supports an Economic Development Partnership Program, making grants of up to $60,000 per year, available to King County cities to advance local economic development throughout the region. Based on a per- capita calculation, the City of Renton qualified for the maximum award ($60,000), subject to a matching requirement of City funds ($30,000). These grants are non-competitive but require the 2022 funds be used to pursue programs and projects that stimulate business development, job creation and community revitalization, such as small business development, industry retention and expansion, and other economic development projects that support new investment and job creation In 2022, the Port offers participating cities two-year grant awards to funds projects and initiatives that address COVID-19 economic challenges and impacts. The City has applied and been awarded a grant from the Port of Seattle, pending City Council approval, in the amount of $120,000. The City’s application is attached, and proposes to use the funds to bolster efforts and focus on four core components of the 2022 economic development strategy as outlined below: • Tourism Development – Promoting Renton as a destination for tourism, recreation, business opportunity and investment using a mix of programs and strategic marketing plan supporting downtown retail area during pandemic recovery and on-going construction projects in the City Center. • Small Business Assistance - Expanding on the recovery efforts of the eastside City partners and the Startup425 program initiative to provide general business support services and creative solutions for businesses struggling to regain stability following the negative impacts of COVID-19. • Small Business Assistance/Promotion - Promote Renton as a center for arts and culture while generating campaign tools to assist the small business community with their marketing efforts through a film competition. • Small Business Assistance/Relief – Activate a creative hub with local artists and art programming and create a toolkit with resources and testimonials about the creative economy in Renton, including links for how to get involved. • Small Business Assistance – Build on the development of downtown Renton through a Main Street challenge designed to foster the growth of startup businesses in the community and generate additional retail occupancy in the heart of the city. Additionally, the Port of Seattle offers a Tourism Marketing Support Program designed to increase the economic development of the region. The grant program offers applicants a partnering opportunity to promote their Washington state destination to out-of-state visitors while promoting the use of Port facilities; Seattle-Tacoma International Airport, cruise terminals, and recreational marinas. The City of Renton qualified for an award ($10,000), subject to a matching requirement of City funds ($10,000). The City’s application is attached and proposes to use the funds to support the goals of the Renton Community Marketing Campaign to promote Renton as a destination for tourism, recreation, business opportunity and investment using the latest technologies. The grant funds will support a marketing campaign based on data collected through geolocation technology to create targeted promotions of events that resonate with an audience outside the state. A paid advertising campaign will include developing a targeted audience of potential visitors from outside of Washington state using geolocation behaviors, serving them ads and tracking thos e who interacted with the ads to calculate return on investment. EXHIBITS: A. Economic Development Partnership Program 2022 Application B. Tourism Marketing Support Program 2022 Application C. 2022 Economic Development Grant Agreement with the Port of Seattle D. 2022 Tourism Grant Agreement with the Port of Seattle AGENDA ITEM #6. b) STAFF RECOMMENDATION: Authorize the Administration to accept the Port of Seattle’s Economic Development Partnership Program award of $120,000, with a city match of $60,000, and the Port of Seattle Tourism Marketing Support Program Award of $10,000, with a city match of $10,000. Additionally, authorize the Mayor to sign both grant agreements. AGENDA ITEM #6. b) Page 1 of 6 Program Application - 2022 Port of Seattle Economic Development Partnership Program Modified 2/9/2022 City: City of Renton Federal Tax Number: 91-6001271 Contact Name: Amanda Askren Title: Economic Development Director (acting) Telephone: (425)430-7369 Email: aaskren@rentonwa.gov Address: 1055 S Grady Way City, State, Zip: Renton, WA 98057 Alternate Contact: Jessie Kotarski Alternate Telephone: (425) 430-7271 Alternate Email: jkotarski@rentonwa.gov Declaration: I HEREBY CERTIFY THAT THE INFORMATION GIVEN IN THIS APPLICATION TO THE PORT OF SEATTLE IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. Amanda Askren, Economic Development Director, acting March 17, 2022 Deadline: The program application must be submitted electronically to the Port of Seattle by Wednesday, March 18, 2022 by 5:00 pm. Submit the application to: e-submittals- purch@portseattle.org Port of Seattle Century Agenda 2022 Economic Development Partnership Program City Application Signature of Responsible Official: Print or Type Name and Title: Date: AGENDA ITEM #6. b) Page 2 of 6 Program Application - 2022 Port of Seattle Economic Development Partnership Program Modified 2/9/2022 Program Overview and Funding The Port of Seattle Economic Development Partnership Program is a cooperative economic development grant program to help support local and regional economic development initiatives across King County. In 2022, the Port will offer participating cities two-year grant awards to funds projects and initiatives that address COVID-19 economic challenges and impacts. Grants are made to King County cities on a per-capita calculation based on Washington State Office of Financial Management annual population estimates. Cities with populations numbering less than 5,000 people are eligible to receive grant funds up to $5,000 and cities with populations numbering more than 60,000 people are eligible to receive grant funding up to $60,000 annually. See appendix for specific yearly grant funding for each city. Grant funds require a 50 percent match of dollars or in-kind resources. In-kind resources can only be used for up to 25 percent of the grant award amount. For example, a grant request for $50,000 in Port funds would require the city to commit $25,000 in matching dollars and/ or in- kind resources. Of that $25,000, up to $12,500 of in-kind resources could be applied toward the match requirement. 2022/2023 Emphasis: COVID-19 Economic Recovery The Port of Seattle is interested in partnering with cities on programs and partnerships that advance COVID-19 economic recovery and resiliency. Cities should use 2022/2023 Port grant funding to help impacted businesses, promote local tourism, encourage local spending (buy local) and related strategies that address pandemic related economic challenges. Who can apply and how may the funds be used? Eligible Applicants City governments in King County except for the City of Seattle. Eligible Projects Port of Seattle funds must be used on projects to benefit small and emerging businesses, create jobs, foster business growth, promote consumer confidence, or support the Port of Seattle business interests. Uses may include: •Small business relief and assistance (including incubator/accelerator projects, technical assistance, and support for impacted businesses) •Industry or key sector business retention and expansion assistance •Projects that boost local tourism and consumer confidence such as buy local campaigns •Workforce development initiatives that address local unemployment or underemployment issues •Other projects that can tangibly address pandemic related economic issues Ineligible Projects •Business recruitment initiatives designed to attract new companies or investment to a region or city •Economic development planning AGENDA ITEM #6. b) Page 3 of 6 Program Application - 2022 Port of Seattle Economic Development Partnership Program Modified 2/9/2022 •Direct cash grants or loans made to businesses or organizations •Capital projects including projects to construct either new facilities or make significant, long-term improvements to existing facilities •Underwriting general or capital expenses associated with an event or program already in progress •Any project that would fall outside of the authorized activities that Ports can fund or engage in The Port of Seattle recommends applicant cities meet with Port of Seattle staff before submitting the Economic Development Partnership Program applications. Project Description and Budget 1.Project Description and Need: Summarize the project(s) you plan to implement and explain how project(s) address COVID-19 economic issues in your city. Include a brief description of the project goal(s) and summary of COVID-19 economic impacts being addressed. In the aftermath of the COVID-19 pandemic, the role of cultural and creative industries in our lives and in recovery efforts, has become increasingly evident. A well-developed creative economy supports employment, socioeconomic development, innovation, and cultural preservation within our region. Along with cultural and creative economies, the tourism industry and small business communities have been the sectors hit the hardest by the pandemic. With support from the Port, the City of Renton will focus the 2022-2023 projects on the integration of the arts and culture sector into the processes of community recovery and development with an emphasis on small business support and tourism development. The following projects are intended to focus recovery efforts to mitigate the negative impacts from the economic downturn and serve to jumpstart the local recovery process: 1.Tourism development - Promote Renton as a destination for tourism, recreation, business opportunity and investment using geolocation technology to determine who visits Renton, where they are coming from and what is driving their visit (i.e., restaurants, hotels, events, parks). Geolocation services provide valuable insights on who’s visiting, where they visit, whether they stay overnight and if so, how long they stay. Collected data provides the opportunities to retarget those visitors to return to Renton. The project will use the data collected through geolocation to create a targeted marketing campaign that resonates with an audience already engaged and illustrating a high likelihood of returning to the area and sharing their experience within their networks. A marketing campaign based on data collected through geolocation technology has the ability to create targeted promotions for events that resonate with an audience outside the state. The campaign will reach a targeted audience of potential visitors from outside of Washington state using geolocation behaviors, serving them ads and then tracking those who interacted with the ads into market and/or paid lodging in Renton to calculate return on investment. AGENDA ITEM #6. b) Page 4 of 6 Program Application - 2022 Port of Seattle Economic Development Partnership Program Modified 2/9/2022 Ad campaigns will promote multi-cultural events and celebrations of song, dance, food and music from the rich communities that have earned Renton the designation as one of the most ethnically diverse cities in the United States. 2.Small Business Assistance through direct service to eastside businesses in response to the economic crisis caused by COVID-19. Expanding on the recovery efforts of the eastside City partners, the Startup425 program initiative will continue to provide general business support services and creative solutions for businesses struggling to regain stability following the negative impacts of COVID-19. Recovery efforts require both local and regional efforts to build a pathway for prosperity in our community and in response to the COVID-19 economic crisis. The Startup425 program offers a platform for collaborative efforts between the eastside cities and remains a priority in Renton. The City of Kirkland will continue to serve as program administrator for an additional year through year-end 2022. In 2022 and 2023, the focus will remain on providing programs and training to advance economic recovery and resiliency for those businesses most negatively impacted by the COVID-19 pandemic. 3.Small Business Assistance/Promotion - Promote Renton as a center for arts and culture while generating campaign tools to assist the small business community with their marketing efforts through a film competition. Working in partnership with the Renton Municipal Arts Commission and REELRenton, the City will host a filmmaking challenge designed to support local filmmakers and create short promotional videos to highlight local businesses and build a name for Renton as a leader in the film industry. Filmmakers will have 50 hours to write, shoot, edit and turn in a film up to four minutes in length. The film must be shot entirely in Renton. Filmmakers will be assigned a local small business at the beginning of the competition to showcase in their production. The resulting films will be screened at the Renton Civic Theatre. The top films will receive an award and be presented at the Seattle Film Summit held in Renton in September 2022. All submitted films will be available online and used in promotional materials to highlight the arts and small business environment in Renton. 4.Small Business Assistance/Relief – Activate a creative hub with local artists and art programming and create a toolkit with resources and testimonials about the creative economy in Renton, including links for how to get involved. Economic recovery relies on the ability of creative workers to recuperate after so much of the sector’s loss resulting from the pandemic. Many artists, especially those operating out of their homes, are isolated, and lack access to resources necessary to safeguard or adapt their business models to shifting consumer habits. The lack of affordable working space for artists presents challenges to the development and continued support of a robust local arts and culture tourism industry. The City will conduct a feasibility study and implement plans to establish an arts and culture coworking space at one of two city-owned facilities downtown. The facility will serve as a free or low-cost space for artist studio and gallery space and offer programming designed to foster professional art mentoring services and resources designed to nurture artists’ business abilities. The City will work with the Renton Municipal Arts Commission to provide programming and review applications from local artists for use of the studio and gallery space. The arts and culture center will serve to create more interconnected creative networks and support of a robust local arts and culture tourism industry. AGENDA ITEM #6. b) Page 5 of 6 Program Application - 2022 Port of Seattle Economic Development Partnership Program Modified 2/9/2022 5.Small Business Assistance – Build on the development of downtown Renton through a Main Street challenge designed to foster the growth of startup businesses in the community and generate additional retail occupancy in the heart of the city. The Challenge is an entrepreneurial start-up competition which will take place over a period of approximately 6 months and provide a means by which local or regional merchants can advance their desire to expand or open a new business downtown. The challenge offers incentive package(s) for retail businesses or restaurants to locate in downtown Renton no later than Fall 2023. The purpose is to foster economic development by encouraging additional retail occupancy in downtown Renton and provides a means by which small businesses can advance their desire to expand or open a brick-and-mortar location. Each winner will receive an incentive package with a value of $5,000 or more in financial assistance over a twelve-month period. Additional in-kind professional services will be made available by local businesses which may include accounting, advertising, architectural, banking, legal, signage, social media and search engine training, and website design services. The challenge serves to: o recruit existing businesses to locate in the downtown core in order diversify the mix of offerings in Renton. o Showcase and market existing available properties in the downtown area. o Provide entrepreneurial businesses with financial assistance to launch their concepts. o Identify and connect with startups or home-based businesses to provide resources. o Create positive buzz and promotion for Downtown Renton. o Drive consumer traffic to Renton’s Downtown Historic Corridor o Create opportunities for new long-term property leases in Downtown Renton o Generate ideas, leads, and insights to aid efforts to support job creation and revenue growth. The incentive packages are designed to help defray the costs of opening a brick-and-mortar business in the City of Renton and provide support through business mentoring, marketing support and workforce development. The program is a collaboration between the Renton Downtown Partnership, Renton Chamber of Commerce, and participating property owners downtown. 1.Project Scope of Work: Outline project title or components, project start and end dates, project goals, project deliverables, and metrics (measurable outcomes) using the table below. Use the timeline column to differentiate the projects that you are implementing in 2022 versus 2023. View Appendix B for sample metrics, measures of success, and data sources. The table is used in the agreement between the Port of Seattle and each city. If you have more than two project categories, simply copy and paste the table below. Project Category: Tourism Promotion Project Goal(s) Timeline (Start and end dates): Actions Project metrics Project outcomes/deliverables AGENDA ITEM #6. b) Page 6 of 6 Program Application - 2022 Port of Seattle Economic Development Partnership Program Modified 2/9/2022 Promote Renton as a destination for tourism, recreation, business opportunity and investment using the latest technologies April 2022 – November 2023 • Geofence Renton hotels, attractions, high- visitation/event areas, the city of Renton itself and SEA International Airport • Develop a geolocation-based marketing campaign using collected data (for an event or brand campaign) • Target those who’ve visited in the past 3 years, encourage them to bring a friend and stay overnight • Create campaign concepts • Develop creative assets for campaign; include Port of Seattle logo • Using the geolocation platform, deliver digital ads to reach a targeted audience of potential visitors from outside Washington state using geolocation behaviors • Combine geolocation data with geolocation digital marketing results to track those who interacted with the ads and then visited and/or stayed in paid lodging in Renton to calculate return on investment • Number of visitors from outside of Washington state • Top locations of origin • Top visitor attractions • Top visitor events • Top attractions by type (parks, dining, events, entertainment, etc.) • Number of overnight stays • Average length of stay • Most popular days to visit • Identify opportunities in previously inaccessible niches, such as cultural events, marinas, parks, etc. • Metrics from promotional activities (advertising, social media, etc). AGENDA ITEM #6. b) Page 7 of 6 Program Application - 2022 Port of Seattle Economic Development Partnership Program Modified 2/9/2022 Project Category: Small Business Support Project Goal(s) Timeline (Start and end dates): Actions Project metrics Project outcomes/deliverables Responded to the COVID-19 crisis by providing tools, classes, workshops for regional businesses to aid in the economic recovery for small businesses April 2022 – November 2023 • Deliver a Spring Foundations Series of workshops for entrepreneurs & startups. • Deliver a Fall Foundations Series of workshops for entrepreneurs & startups. • Market the program to support identification, screening, and selection of businesses in Renton who could benefit from participation in the program • Provide one-on- one technical support services to start-ups, entrepreneurs, and small businesses identified through the program • Increase outreach efforts to increase knowledge and awareness of ongoing services available to aid Renton entrepreneurs and small business in regional recovery. • Maintain log of business assistance provided • Survey those assisted through workshops • Number of businesses contacted with information about the program • Number of businesses participating in the Foundation series classes • Number of businesses receiving one-on- one support from the Economic Development office in Renton following a referral from the program • Number of businesses receiving assistance/connecti on to resources because of the program • Number of new businesses opening in Renton because of participation in the program. • Program report with evaluation of business assistance provided through surveys collected from workshop participants • Seat full complement of participating businesses • Evaluation of businesses needs • Evaluation of metrics including quantity, sector, and type of assistance rendered • Evaluation of website metrics • Evaluation of outreach and communications efforts AGENDA ITEM #6. b) Page 8 of 6 Program Application - 2022 Port of Seattle Economic Development Partnership Program Modified 2/9/2022 Support local film industry; Provide marketing support for small businesses; promote Renton as a center for Arts & Culture April 2022 – November 2023 (two film competition events over the two year period) • Create promotional videos to highlight small businesses in Renton • The competition will be announced through a call for artists/filmmakers that will be distributed to artists, arts organizations and artist networks based locally and nation-wide. • The competition will be held in Renton in the summer of 2022. • Films will feature local businesses and be used as promotional material made available to the businesses following the competition and highlighted in the Renton Community Marketing Campaign through and made available on Visitrentonwa.com, whyrenton.com and rentondowntown.c om • The films will be integrated into the paid social campaigns ran through the Renton Community Marketing Campaigns and targeting a fly-in audience • The films will be screened at the Renton Civic • number of filmmakers participating in the competition and making connection with and receiving information from the Renton Municipal Arts Commission • number of films produced • number of small businesses highlighted in the produced films • number of attendees at the screening (attending the event in downtown Renton) • Post-event feedback from artists, residents and businesses • Attendance figures as available from event partners (screenings at Civic Theatre, awards event at Seattle Film Summit) • number of short films created to promote small businesses in Renton • Metrics from promotional activities (advertising for the competition, marketing of the screening event) • number of local artists participating in the film challenge • number of attendees at the screening event • number of artists engaging in the film competition and connecting with the Arts Commission for resources to grow their business in Renton AGENDA ITEM #6. b) Page 9 of 6 Program Application - 2022 Port of Seattle Economic Development Partnership Program Modified 2/9/2022 Theatre for public viewing at special event designed to draw residents, tourist and film lovers to downtown Renton Support creative workforce through the creation of an Arts Business Incubator; promote Renton as a center for Arts & Culture April 2022 – November 2023 • Contract with a design/build company with an understanding of the arts & culture sector to create a plan to launch an arts center in downtown Renton. • Make contact with local artists to survey current needs (and identify resources and solutions that can be addressed in the creation of the art & culture co work space) • Implement changes recommended by the Design team to the building out the space to serve as an incubator for artists and center for arts programming and business mentoring • Create marketing toolkit to promote the space that includes resources and testimonials about participating in the creative economy in Renton • Open an application for artists to utilize the space at low or no cost. • Number of local artists contacted about the program and space • Number of local artists contacted and subscribed to the city’s artists roster • Number of local artists utilizing the co-work space (as studio space, or to host programming) • Number of local artists receiving assistance • Report summarizing findings of 2022-2023 Creative Co-work space • Promotional materials created for the co-work space and toolkit for Arts & Culture in Renton • Recommendations for supporting the growth of the creative economy in Renton. • Number of artists contacted and receiving information about the arts & culture space • Number of artists connected with the Renton Municipal Arts Commission as a result of the project • Number of artists responding to the call for participants • Number of artists connected with resources to help grow their art business • Number of artists operating out of the space. • Number of support partners participating and providing support for the arts & culture space. AGENDA ITEM #6. b) Page 10 of 6 Program Application - 2022 Port of Seattle Economic Development Partnership Program Modified 2/9/2022 • Partner with local arts organizations to offer programming and connect with artists around the region (including, but not limited to Allied Arts of Renton, SoCoCulture, 4 Culture, Artist Trust) • Activate creative co-workspace in downtown Renton by Spring 2023. Foster startups through an entrepreneur challenge April 2022 – November 2023 (2 to 3 incentive packages over the course of the 2 year period) • Host an entrepreneur Challenge that encourages startups to submit their business plans to receive incentive package and assistance opening a location in downtown Renton. • Create marketing campaign to promote the Challenge. • Identify and make contact with small business owners and entrepreneurs in Renton about participating in the Challenge program • Collect information through surveys to create a better understanding of the needs and challenges of the startup community in Renton. • Work with partners (Chamber, banks, marketing firms, property owners, etc) to identify resources to • Number of startups and entrepreneurs contacted about the program and space • Number of startups/entreprene urs contacted and connected with the Economic Development office • Number of entrepreneurs responding to the Challenge opportunity • Number of entrepreneurs receiving assistance • Number of community partners offering support for the program • Number of startups contacted and receiving information about the program • Number of startups/entrepreneurs connected with the Renton Economic Development office as a result of the program • Number of businesses participating in the Challenge (responses received during the application period) • Number of businesses connected with resources to help grow their business • Number of new businesses opening in downtown Renton because of the competition. • Number of jobs created from the new businesses that open. • Number of support partners participating and providing support to entrepreneurs AGENDA ITEM #6. b) Page 11 of 6 Program Application - 2022 Port of Seattle Economic Development Partnership Program Modified 2/9/2022 support entrepreneurs • Select 1 to 2 businesses to receive the incentive package and additional support to open a location in downtown Renton. 2. Connection to Port of Seattle interests: Explain how your project benefits the Port of Seattle and ties to the Port’s business interests? *Port business interests tie closely to the health of aviation, maritime/ logistics, manufacturing, and construction/ trades clusters. Tourism is another important industry to the Port of Seattle. The project goals outlined above align closely with the objectives of the Port of Seattle and aim to assist in the recovery efforts and provide opportunities for growth following the struggles created by a community impacted by COVID-19. The identified projects serve impacted businesses, promote local tourism, encourage local spending, and foster a better understanding of the challenges faced by entrepreneurs and key industries in the new business climate. The emphasis on tourism promotion in these projects will serve to increase visitor traffic to Renton through SEA International Airport. Through campaign efforts to grow awareness and increase overnight stays, the campaigns aim to make Renton, as a part of the greater Seattle region, a travel destination of choice for visitors outside Washington state. Geolocation data provides insights that make marketing campaigns more effective. Knowing the states visitors came from, where they have stayed and what they did helps us reach people most likely to fly to SEA International Airport and explore Renton and beyond. With its proximity to the airport, Renton is a natural basecamp for visitors who want to experience Western Washington’s diverse cultures, history and outdoor adventures. The focus on improving arts and cultural programs can leverage existing tourism trends and boost overnight stays for evening and weekend entertainment and potentially increase the length of stay of the current tourism base. Strengthening the creative economy and providing for a healthy business environment are key to economic growth in Renton and the region in the aftermath of the pandemic. The selected projects will provide businesses and arts leaders with the tools and resources necessary to develop and build connection so that together, they can create jobs, attract investments, encourage local spending, and stimulate the economy through tourism and consumer purchases. AGENDA ITEM #6. b) Page 12 of 6 Program Application - 2022 Port of Seattle Economic Development Partnership Program Modified 2/9/2022 3. Project Budget: Identify each project budget category, total funds (including the monetary value of in-kind resources), Port of Seattle funds and City monetary and in-kind matching funds. Include the total funds from each column in the second to last row. Include the percentage contributions to the Port of Seattle’s contribution in the last row. This table is used in the agreement between the Port of Seattle and each city. Project: Project Category (Please select one of the categories provided) Port of Seattle Funds Awarded: City Monetary Matching Funds: City In- kind Matching Funds: Total Funds (Including In-Kind): Geolocation Marketing Campaign Tourism Promotion $20,000 $10,000 $30,000 Startup425 Partnership Small Business Assistance $20,000 $10,000 $30,000 Film Competition & Small Business Promotions Small Business Assistance $26,667 $13,333 $40,000 Arts & Culture Incubator Small Business Assistance $33,333 $16,667 $50,000 Main Street Entrepreneur Challenge Small Business Assistance $10,000 $5,000 $30,000 Total Funds: $120,000 $60,000 $180,000 Percentage contribution to Port Funds*: *City monetary and in-kind matching funds must add up to at least 50% of the Port of Seattle funds awarded. In-kind resources can only be used for up to 25 percent of the grant award amount. See program guidelines for more details. AGENDA ITEM #6. b) Page 13 of 6 Program Application - 2022 Port of Seattle Economic Development Partnership Program Modified 2/9/2022 4. Collaboration with partners: Please identify any community organizations (chamber of commerce, neighborhood associations, Small Business Development Centers, SCORE, Greater Seattle Partners, etc.) you plan to work with to complete all or part of your project(s)? The City of Renton is committed to driving economic growth on a local and regional scale and fully supports the Port’s efforts to raise the regional image as a business location. The City’s investments in an incubator project and emphasis on providing support for small businesses will help identify and foster new and existing businesses that add value to the region and can serve as future partners in sustained growth and vitality of the region. Tourism promotion for the project identified above are managed by the city’s Economic Development office as part of a collaborative effort of the Renton Community Marketing Campaign. The campaign is supported by five community partners including Renton Schools, Renton Technical College, Renton Chamber of Commerce, Valley Medical and the City. In addition to the campaign partners, members representing the lodging tax advisory committee (hotel managers, non-profit leaders, and direct marketing organizations) are included in regular update meetings for their perspective and insights into the needs and status of the hospitality industry in Renton. Additional support and regular collaboration exists between partners at the Renton Downtown Partnership (a 501c(3)) and the Renton Municipal Arts Commission. • Renton Downtown Partnership — The Renton Downtown Partnership unites the community, nonprofits, and stakeholders to create a vibrant social, cultural, and economic center while celebrating Downtown Renton's unique historic character. • Renton Municipal Arts Commission Renton Municipal Arts Commission was formed in 1965. The members advise the city government about the artistic and cultural development and serve as stewards of the city's art collection. In addition, the commission strives to support and connect people with arts and culture endeavors in the Renton community. For more information about the Renton Municipal Arts Commission, contact arts@rentonwa.gov or visit facebook.com/rentonarts. The City is proud of the success of the current collaboration with the four municipalities participating in efforts to expand entrepreneurship opportunities across Eastside communities to provide support for local business owners interested in expanding into foreign markets. Renton continues to join forces with the four partner cities (Redmond, Kirkland, lssaquah and Bellevue) and the SCORE mentors and leaders in the efforts of the Startup425 to support and foster the small business environment on the Eastside of the region. In addition, the following organizations are involved in the planning and execution of the program; King County Library System (KCLS), the Small Business Development Center (SBDC), the Small Business Administration (SBA), the Service Corps of Retired Executives (SCORE), the Greater Seattle Partners (GSP), Bellevue College, Washington State Office for Regulatory Innovation and Assistance, and many others. 5. Use of consultants or contractors: If you plan to use consultants or contractors to complete all or part of the project, please identify the firm or type of firm you plan to hire for AGENDA ITEM #6. b) Page 14 of 6 Program Application - 2022 Port of Seattle Economic Development Partnership Program Modified 2/9/2022 this project. The Renton Community Marketing Campaign partners work closely with JayRay PR & Creative Marketing to facilitate contracted services to manage the tourism campaign. This full-service creative marketing and strategic communication team has proven to be a highly effective partner in the marketing of the city and the region. The City of Renton Economic Development Division and the Renton Municipal Arts Commission will produce an RFP to request a feasibility study and design proposal to create an arts and culture center in one of the existing city facilities downtown. The study and design of the selected contractor will provide the foundation for the development of an operational arts incubator in downtown Renton. AGENDA ITEM #6. b) Page 15 of 6 Program Application - 2022 Port of Seattle Economic Development Partnership Program Modified 2/9/2022 Appendix: 2022/2023 Maximum Grant Award Amounts by City* City Grant Award City Grant Award Algona $5,000 Lake Forest Park $13,630 Auburn (part) $60,000 Maple Valley $28,640 Beaux Arts Village $5,000 Medina $5,000 Bellevue $60,000 Mercer Island $25,790 Black Diamond $5,320 Milton (part) $5,000 Bothell (part) $28,930 Newcastle $13,310 Burien $52,430 Normandy Park $6,785 Carnation $5,000 North Bend $7,685 Clyde Hill $5,000 Pacific (part) $7,215 Covington $20,890 Redmond $60,000 Des Moines $33,100 Renton $60,000 Duvall $8,125 Sammamish $60,000 Enumclaw (part) $12,830 SeaTac $32,000 Federal Way $60,000 Shoreline $59,260 Hunts Point $5,000 Skykomish $5,000 Issaquah $40,640 Snoqualmie $14,490 Kenmore $24,050 Tukwila $22,000 Kent $60,000 Woodinville $13,100 Kirkland $60,000 Yarrow Point $5,000 *based on 2021 OFM Population estimate AGENDA ITEM #6. b) P.O.Box1209Poi’-t:SeattLe,WA98111-1208Ie[:206.787.3000ofSeattewww.portseattle.orgt2022TOURISMMARKETINGSUPPORTPROGRAM________________ApplicationFormPLEASECOMPLETETHEFOLLOWINGINFORMATION:OrganizationName:CityofRentonFederalTaxIDNumber:91-6001271Contact:JessieKotarskiPhone:(425)430-7271Email:jkotarski@rentonwa.govAddress:1055SGradyWayCity,State,Zip:Renton,WA98057Website:visitrentonwa.com;rentondowntown.comPortofSeattlefundingrequest(maximumrequestis$10,000perapplicant,peryear):$10,000Willyouacceptlessthan100%oftherequestedPortofSeattlefundamount?YesNoComments:Thecampaignisscalablebasedonavailablefunding.Additionalfundswillallowforagreaterteachandmoremediaspendtargetingawideroutofstateaudience.Isyourconfirmedmatchfundingamountmorethantheminimumrequired50%ofPortrequestedfunds?YesNoElIfyes,whatisyourtotalmatchfundamount?$10,000AGENDA ITEM #6. b) PORTOFSEATTLE2022TOURISMMARKETINGSUPPORTPROGRAMAppticationFormThePortofSeattlehasidentified$100,000ofthetotalbudgetedamountof$200,000forspecificprojects;$50,000foreco,sustainable,adventure/nature,responsible,orimpacttourismprojectsand$50,000forequitablepromotionofculturalactivities,experiencesorattractionsrelatedtoindigenousandpeopleofcolor.Toreviewtheguidelinesforpotentialqualificationunderthesecriteria,seeApplicationAddendum.DoesyourprojectmeetanyofthecriteriaidentifiedaboveorintheAddendum?YesjJNoElIf“Yes”,brieflyidentifywhichcriteriayourprojectmeetsandexplainhoworwhyitdoes:TheRentonCommunityMarketingCampaignisdedicatedtopromotingtheregionasadestinationfortravelandleisureandincludespromotionofthecity’sartsandculturescene,richculturalheritageandawideofferingofoutdoorrecreationactivity(waterwaysandboatingactivities,parks,trailsandaccesstoregionalbike-waysandrunningpaths).Ifselected,willyouconsideryourproposedprojecttobeinclusiveandsupportingoftheStateofWashingtonTourism’sstatewideeffortstomeetthematchfundingrequirementssetbytheWashingtonStateLegislaturetomarketWashingtonStateasatourismdestination?YesNoElClickheretolearnmore:http://watourismalliance.com/Declaration:IHEREBYCERTIFYTHATTHEINFORMATIONGIVENINTHISAPPLICATIONTOTHEPORTOFSEATTLEISTRUEANDCORRECTTOTHEBESTOFMYKNOWLEDGE.4DigitallysignedbyJessieKotarskiSignatureofResponsibleOfficial:essieOcarSIDate:2022.02.2310:58:44-0800’PrintorTypeNameandTitle:JessieKotarskiEconomicDevelopmentManagerDate:2/23/2022DIRECTIONS:Pleasesignthecompletedtwo-pageApplicationFormand,togetherwithyourProposal(maximumoffourpagesforproposal),submityourapplication.Deadlineforapplicationformandproposalsubmittal:February23,2022at2PM2AGENDA ITEM #6. b) RENTONCOMMUNITYMARKETINGCAMPAIGN1.ProjectDescriptiona.SummaryProjectgoalsThegoaloftheRentonCommunityMarketingCampaignistopromoteRentonasadestinationfortourism,recreation,businessopportunityandinvestmentusingthelatesttechnologies.ThecampaigngoalsaligncloselywiththeobjectivesofthePortofSeattleandaimtoincreasevisitortraffictoRentonthroughSEAInternationalAirport.Throughcampaigneffortstogrowawarenessandincreaseovernightstays,thecampaignaimstomakeRenton,asapartofthegreaterSeattleregion,atraveldestinationofchoiceforvisitorsoutsideWashingtonstate.Theplanfor2022istousegeolocationtechnologytodeterminewhovisitsRenton,wheretheyarecomingfromandwhatisdrivingtheirvisit(i.e.,restaurants,hotels,events,parks).Geolocationservicesprovidevaluableinsightsonwho’svisiting,wheretheyvisit,whethertheystayovernightandifso,howlongtheystay.CollecteddataprovidestheopportunitiestoretargetthosevisitorstoreturntoRenton.Theprojectwillusethedatacollectedthroughgeolocationtocreateatargetedmarketingcampaignthatresonateswithanaudiencealreadyengagedandillustratingahighlikelihoodofreturningtotheareaandsharingtheirexperiencewithintheirnetworks.Amarketingcampaignbasedondatacollectedthroughgeolocationtechnologyhastheabilitytocreatetargetedpromotionsofeventsthatresonatewithanaudienceoutsidethestate.ApaidadvertisingcampaignwillincludedevelopingatargetedaudienceofpotentialvisitorsfromoutsideofWashingtonstateusinggeolocationbehaviors,servingthemadsandthentrackingthosewhointeractedwiththeadsintomarketand/orpaidlodginginRentontocalculatereturnoninvestment.Adcampaignswillpromotemulti-culturaleventsandcelebrationsofsong,dance,foodandmusicfromtherichcommunitiesthathaveearnedRentonthedesignationasoneofthemostethnicallydiversecitiesintheUnitedStates.ScopeofworkTheprojectwilltargetanaudienceoutsideofWashingtonstatewithdigitalmarketingadsthathighlightRentonasadestinationforculturaltravelers,foodies,artlovers,outdooradventurersandgueststothePugetSoundregionlookingforaconvenientlocationclosetoSEAInternationalAirportandonlyminutesfromSeattle.Theprojectscopeincludesthefollowingactivities:•GeofenceallRentonhotels,downtownattractions,high-visitation/eventareas,thecityofRentonitselfandSEAInternationalAirport•Developageolocation-basedmarketingcampaignusingcollecteddata(foraneventorbrandcampaign)AGENDA ITEM #6. b) •Targetthosewho’vevisitedinthepast3years,encouragethemtobringafriendandstayovernight•Createcampaignconcepts(2options)•RefinechosenconceptwithinputfromthePortofSeattle(includePortofSeattlelogo)•Developcreativeassetsforcampaign(6sizes/formats);includePortofSeattlelogo•Usingthegeolocationplatform,deliverdigitaladstoreachatargetedaudienceofpotentialvisitorsfromoutsideWashingtonstateusinggeolocationbehaviors•Combinegeolocationdatawithgeolocationdigitalmarketingresultstotrackthosewhointeractedwiththeadsandthenvisitedand/orstayedinpaidlodginginRentontocalculatereturnoninvestmentProjectschedule02:Establishgeolocationsites•Identityandselectspecificlocations(pointsofinterest)forgeofencing•Createavirtual“fence”aroundeachselectedlocation,aswellasthecityofRentonandSEAInternationalAirport•CompletebyJune3003:Createmarketingcampaign•Analyzecollectedgeolocationdata•Developanadcampaignbasedonthedata,strategicallydesignedtoattractpeoplemostlikelytovisitforculturalevents,globalcuisine,outdooractivitiesandovernightstays•Monitorcampaignmetricsandresultsmonthlytoidentityaudienceengagementandwebsitetraffic•Adjustmarketingplanasneededtosupportgrowth•Reviewdata,createadsinJuly;runadsAugusttoOctober(tentative)04:Analyzeandreport•Reviewdata(needatleast30daysafteradsendtotrackvisitationbehavior,accountfortravelplanningandbookingwindow)•SubmitfinalreportandinvoicetothePortbyDecember15,2022MetricsImeasurableoutcomesTheCampaignpartnerswillworkcloselywithJayRaytomonitorthefollowingmetricsthroughoutthecourseoftheyeartodeterminetheefficacyofthecampaignandadjustasnecessarytosupportnoticeableactivityinthefollowingcategories:•NumberofvisitorsfromoutsideofWashingtonstate•ToplocationsoforiginAGENDA ITEM #6. b) •Topvisitorattractions•Topvisitorevents•Topattractionsbytype(parks,dining,events,entertainment,etc.)•Numberofovernightstays•Averagelengthofstay•Mostpopulardaystovisit•Identifyopportunitiesinpreviouslyinaccessibleniches,suchasculturalevents,marinas,parks,etc.b.ExplainhowyourprojectsupportsthePort’sbusinessobjectivesby:Increasingthenumberofout-of-statevisitorsutilizingSEAInternationalAirportGeolocationdataprovidesinsightsthatmakemarketingcampaignsmoreeffective.Knowingthestatesvisitorscamefrom,wheretheyhavestayedandwhattheydidhelpsusreachpeoplemostlikelytoflytoSEAInternationalAirportandexploreRentonandbeyond.Withitsproximitytotheairport,RentonisanaturalbasecampforvisitorswhowanttoexperienceWesternWashington’sdiversecultures,historyandoutdooradventures.IncreasingtravelerexpenditureswithinWAstate,viauseofPort-relatedfacilities—SEAInternationalAirport,cruiseterminalsorrecreationalmarinasThegeolocationmarketingcampaignwilldeliverinformationtovisitorsaboutRenton’sproximitytoSEAInternationalAirportandalltheactivitiesavailableoncetheyarrive.ThedigitaladcampaignwilldrivevisitorstoVisitRenton.com,wheretheywillseeitinerariesforattractions,restaurantsuggestions,waterfrontactivitiesandthingstodobeforeoraftertheircruiseoutofSeattle.Visitorswillspendmoretime—andmorevacationdollars—whenthey’reawareofthemanyactivitiesherethatmatchtheirinterests.2.CollaborationIn1997,theCityofRenton,inconjunctionwiththeGreaterRentonChamberofCommerce,RentonTechnicalCollege,UWMedicineNalleyMedicalCenterandtheRentonSchoolDistrictlaunchedtheRentonCommunityMarketingCampaign.ThemissionistocollectivelymarkettheRentoncommunitytorecruitqualitycompaniesanddiversifyRenton’semploymentbase.Thefivepartnerscontinuetoworktogetherintheseefforts.Forthegeolocationproject,theCampaignwillcollaboratewithJayRayAds&PRforstrategicplanning,creativedevelopment,implementationandevaluationservices.3.Funds—PortandMatchFundsAllocationa.WhatisthedollaramountyouarerequestingfromthePort($10,000maximum)?$10,000AGENDA ITEM #6. b) b.Whatisyourcommittedmatchfundsamount(minimumis50%ofrequestedPortfunds)?TheRentonCommunityMarketingCampaignwillmatchthe$10,000fromthePortofSeattleforatotalprojectbudgetof$20,000.Thebudgetallocatesabout$12,000forgeolocationservicesanddataaccess,andabout$8,000forthemarketingcampaign.ThePortspartnershiphasproventobeavaluablecomplementtothemanynewstrategiesthatRentonhasinplaceandhasservedtoaccelerateoureffortsandsupportgrowthbothinthecityandintheregion.AnaturalareatoworktogetherisinsupportoftheRentonCommunityMarketingCampaignanditsworktopromoteourcommunityasadestinationfortourism,recreation,businessopportunityandinvestment.AGENDA ITEM #6. b) S-00321067 City of Renton Page 1 of 13 ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT BETWEEN THE PORT OF SEATTLE AND CITY OF RENTON S-00312067 This Economic Development Partnership Agreement (the " Agreement") is made by and between the Port of Seattle (the "Port") and the City of Renton ("Agency"), both municipal corporations of the State of Washington (each, a "Party" or, collectively, the "Parties"). RECITALS WHEREAS, engaging in the promotion of economic development is a recognized Port purpose authorized under RCW 53.08.245; and WHEREAS, RCW 35.21.703 similarly authorizes cities to engage in economic development programs; and WHEREAS, RCW 53.08.240(2) permits the Port to contract with another municipality to perform suc h undertakings each is authorized to perform; and WHEREAS, the Port Commission of the Port of Seattle established the Economic Development Partnership Program (the "Program"), to advance the Port' s Century Agenda, promote a dramatic growth agenda, support the creation of middle class jobs and help address the lack of economic development funding for local projects; and WHEREAS, grant funding across the region is very limited for cities that want to pursue economic development projects or initiatives, and Washington State has not had an economic development grant program for over 20 years; and WHEREAS, the Program will provide 38 King County cities per capita funding to advance local economic development throughout the region, and requires a 50% local mat ch by the cities that receive the grants; and WHEREAS, the Program will help the Port advance regional economic vitality through focused partnerships with King County cities; and WHEREAS, the Program will make grants to cities that pursue programs and pr ojects that stimulate business development, job creation and community revit alization, such as small business development, industry retention and expansion, and other economic development projects that support new investment and job creation; NOW, THEREFORE the parties agree as follows: 1. Purpose. The purpose of this Agreement is to establish a contrac tual arrangement under which the Port will pay the Agency Program funds in the amount set forth on Section 2 solely for the purpose of carrying out the local init iative described in Exhibit A, attached and incorporated hereto by this reference AGENDA ITEM #6. b) S-00321067 City of Renton Page 2 of 13 (the "Project"). This Agreement shall be interpreted in furtherance of this purpose. 2. Responsibilities of the Port. The Port shall contribute One Hundred Twenty Thousand and 00/100 Dollars ($120,000.00) (the "Grant Funds") to assist the Agency in funding the Project. The Port shall disburse the Grant Funds to the Agency no later than thirty (30) days after receipt of a complete and correct invoice (s) detailing those Project deliverables completed in accordance with Exhibit A . 3. Responsibilities of the Agency. 3.1 The Agency shall contribute local funds equivalent to at least fifty percent (50%) of the Grant Funds towards the Project . 3.2 The Agency may contract with local non -profits to complete the Project or elements of the Project; provided, that the Port shall not, under any circumstance, disburse the Gran t Funds to any of the Agency's contractors or subcontractors. 3.3 The Agency shall complete the Project no later than December 31, 202 3 3.4 The Agency shall provide a complete and correct invoice(s) detailing those Project deliverables completed in accordance with Exhibit A no later than December 31, 202 3 4. Term. This Agreement shall be become effective as of the date the Port executes this Agreement and shall terminate on December 31, 2023, unless earlier terminated under another provision of this Agreement. 5. Termination for Convenience. The Port may terminate this Agreement at any time for any reason, by giving the Agency thi rty (30) days' written notice. In the event the Agency has completed any portion of the Project by the time it receives the Port's notice of termination , the Port shall pay the Agency the percentage of the Grant Funds attributable to the Agency's completed portion of the Project. 6. Termination for Default. Except in the case of delay or failure resulting from circumstances beyond the control and without the fault or negligence of the Agency, the Port shall be entitled, by written or oral notice to the Agency, to terminate Agreement for breach of any of the terms and to have all other rights against the Agency by reason of the Agency's breach as provided by law. 7. Waiver. Failure at any time of the Port to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of the Port to enforce such provision at any subsequent time. No term or condition of this Agreement shall be held to be waived, modified or deleted except by a written amendment signed by the Parties 8. Partial Invalidity. If any provision of this Ag reement is or becomes void or unenforceable by force or operation of law, all other provisions hereof shall remain valid and enforceable. 9. Indemnification and Hold Harmless Agreement. The Agency shall defend, indemnify, and hold harmless the Port, its Commissioners, officers, employees, and agents (hereafter, collectively, the "Port") from all liability, claims, damages, losses, and expenses (including, but not limited to attorneys' and consultants' fees and other expenses of litigation or arbitration) arising out of or related to the fulfillment of this Agreement; provided, however, if and to the extent that this Agreement is construed to be relative to the construction, alternation, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving or demolition in connection therewith, and therefore subject to Section 4.24.115 of the Revised Code of Washington, it is agreed that where such liability, claim, damage, loss or expense arises from the concurrent negligence of (i) the Port, and (ii) the Agency, its agents, or its employees, it is expressly agreed that the Agency's obligations of indemnity under this paragraph shall be effective only to the extent of the Agency's negligence. Such obligations shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise e xist as to any person or entity described in this paragraph. This paragraph shall not be construed so as to require the Agency to defend, indemnify, or hold harmless the Port from such claims, damages, losses or expenses AGENDA ITEM #6. b) S-00321067 City of Renton Page 3 of 13 caused by or resulting from the sole negligence of the Port. In any and all claims against the Port, by any employee of the Agency , its agent, anyone directly or indirectly employed by either of them, or anyone for whose acts any of them may be liable, the indemnification obligation of this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation benefits payable by or for the Agency, or other person under applicable industrial insurance laws (including, but not limited to Title 51 of the Revised Code of Washington), it being clearly agreed and understood by the Parties hereto that the Agency expressly waives any immunity the Agency might have had under such laws. By executing this Agreement, the Agency acknowledges that the foregoing waiver has been mutually negotiated by the parties. The Agency shall pay all attorneys' fees and expenses incurred by the Port in establishing and enforcing the Port's right under this paragraph, whether or not suit was instituted. 10. Comply with All Laws. The Agency shall at all times comply with all federal, state and local laws, ordinances and regulations, including but not limited to all environmental laws, which in any manner apply to the performance of this Agreement. 11. Integration. This Agreement, together with the attached Exhibit A, constitutes the entire agreement between the Parties and unless modified in writing by an amendment executed by the Parties, shall be implemented only as described herein. 12. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington. Any action arising out of this Agreement shall be brought in King County. 13. No Employment Relationship Created. The Parties agree that nothing in this Agreement shall be construed to create an employment relationship between the Agency and the Port. 14. No Entity Created. The Parties agree that nothing in this Agreement shall be construed to create a joint entity between the Agency and the Port. 15. Notices. Notices to the Port shall be sent to: Notices to the Agency shall be sent to: Port of Seattle City of Renton Economic Development Division 1055 S Grady Way P. O. Box 1209 Renton WA 98057 Seattle, WA 98111 AGENDA ITEM #6. b) S-00321067 City of Renton Page 4 of 13 16. Audits and Retention of Records . The Agency in and make all books, records and documents (the "Records") relating to the performance of this Agreement open to inspection or audit by representatives of the Port or Washington State during the term of this Agreement and for a period of not less than six (6) years after termination of the Agreement; provided, that if any litigation, claim or audit arising out of, in connection with or related to this Agreement is initiated, the Agency shall retain such Records until the later of (a) resolution or completion of litigation claim or audit; or (b) six (6) years after the termination of this Agreement. 17. Amendment. This Agreement may only be amended by written agreement of the Parties. 18. Dispute Resolution. The Parties shall use their best, good faith efforts to cooperatively resolve disputes that arise in connection with this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this agreement as of the date first set forth above. PORT OF SEATTLE CITY OF RENTON By: Colby Wattling By: Buyer III _______________________ ________________________ Signature Signature _______________________________ ________________________________ Dated Dated AGENDA ITEM #6. b) S-00321067 City of Renton Page 5 of 13 EXHIBIT A 1. Project Description: Summarize the project(s) you plan to implement and explain how project(s) address COVID -19 economic issues in your city. Include a brief description of the project goal(s) and summary of COVID -19 economic impacts being addressed. In the aftermath of the COVID-19 pandemic, the role of cultural and creative industries in our lives and in recovery efforts, has become increasingly evident. A well-developed creative economy supports employment, socioeconomic development, innovation, and cultural preservation within our region. Along with cultural and creative economies, the tourism industry and small business communities have been the sectors hit the hardest by the pandemic. With support from the Port, the City of Renton will focus the 2022 -2023 projects on the integration of the arts and culture sector into the processes of community recovery and development with an emphasis on small business support and tourism development. The following projects are intended to focus recovery efforts to mitigate the negativ e impacts from the economic downturn and serve to jumpstart the local recovery process: • Tourism Development - Promote Renton as a destination for tourism, recreation, business opportunity and investment using geolocation technology to determine who visits Renton, where they are coming from and what is driving their visit (i.e., restaurants, hotels, events, parks). Geolocation services provide valuable insights on who’s visiting, where they visit, whether they stay overnight and if so, how long they stay. Co llected data provides the opportunities to retarget those visitors to return to Renton. The project will use the data collected through geolocation to create a targeted marketing campaign that resonates with an audience already engaged and illustrating a high likelihood of returning to the area and sharing their experience within their networks. A marketing campaign based on data collected through geolocation technology has the ability to create targeted promotions for events that resonate with an audience outside the state. The campaign will reach a targeted audience of potential visitors from outside of Washington state using geolocation behaviors, serving them ads and then tracking those who interacted with the ads into market and/or paid lodging in Rento n to calculate return on investment. Ad campaigns will promote multi-cultural events and celebrations of song, dance, food and music from the rich communities that have earned Renton the designation as one of the most ethnically diverse cities in the United States. • Small Business Assistance - through direct service to eastside businesses in response to the economic crisis caused by COVID-19. Expanding on the recovery efforts of the eastside City partners, the Startup425 program initiative will continue to provide general business support services and creative solutions for businesses struggling to regain stability following the negative impacts of COVID -19. Recovery efforts require both local and regional efforts to build a pathway for prosperity in our community and in response to the COVID-19 economic crisis. The Startup425 program offers a platform for collaborative efforts between the eastside cities and remains a priority in Renton. The City of Kirkland will continue to serve as program administrator for an additional year through year-end 2022. In 2022 and 2023, the focus will remain on providing programs and training to advance economic recovery and resiliency for those businesses most negatively impacted by the COVID -19 pandemic. • Small Business Assistance/Promotion - Promote Renton as a center for arts and culture while generating campaign tools to assist the small business community with their marketing efforts through a film competition. Working in partnership with the Renton Municipal Arts Commission and REEL Renton, the City will host a filmmaking challenge designed to support local filmmakers and create short promotional videos to highlight local businesses and build a name for Renton as a leader in the film industry. Filmmakers will have 50 hou rs to write, shoot, edit and turn in a film up to four minutes in length. The film must be shot entirely in Renton. Filmmakers will be assigned a local small business at the beginning of the competition to showcase in their production. The resulting films will be screened at the Renton Civic Theatre. The top films will receive an award and be presented at the Seattle Film Summit held in Renton in September 2022. All submitted films will be available online and used in promotional materials to highlight the arts and small business environment in Renton. • Small Business Assistance/Relief – Activate a creative hub with local artists and art programming and create a toolkit with resources and testimonials about the creative economy in Renton, including links for how to get involved. Economic recovery relies on the ability of creative workers to recuperate after so much of the sector’s loss resulting from the pandemic. Many artists, especially those operating out of their homes, are isolated, and AGENDA ITEM #6. b) S-00321067 City of Renton Page 6 of 13 lack access to resources necessary to safeguard or adapt their business models to shifting consumer habits . The lack of affordable working space for artists presents challenges to the development and continued support of a robust local arts and culture tourism industry. The City will conduct a feasibility study and implement plans to establish an art and culture coworking space at one of two city-owned facilities downtown. The facility will serve as a free or low-cost space for artist studio and gallery space and offer programming designed to foster professional art mentoring services and resources designed to nurture artists’ business abilities. The City will work with the Renton Municipal Arts Commission to provide programming and review applications from local artists for use of the studio and gallery space. The arts and culture center will serve to create more interconnected creative networks and support of a robust local arts and culture tourism industry. • Small Business Assistance – Build on the development of downtown Renton through a MainStreet challenge designed to foster the growth of startup businesses in the community and generate additional retail occupancy in the heart of the city. The Challenge is an entrepreneurial start-up competition which will take place over a period of approximately 6 months and provide a means by which local or regional merchants can advance their desire to expand or open a new business downtown. The challenge offers incentive package(s) for retail businesses or restaurants to locate in downtown Renton no later than Fall 2023. The purpose is to foster economic development by encouraging additional retail occupancy in downtown Renton and provides a means by which small businesses can advance their desire to expand or open a brick-and-mortar location. Each winner will receive an incentive package with a value of $5,000or more in financial assistance over a twelve -month period. Additional in-kind professional services will be made available by local businesses which may include accounting, advertising, architectural, banking, legal, signage, social media and search engine training, and website design services. The challenge serves to: o recruit existing businesses to locate in the downtown core in order diversify the mix of offerings in Renton . o Showcase and market existing available properties in the downtown area. o Provide entrepreneurial businesses with financial assistance to launch their concepts. o Identify and connect with startups or home-based businesses to provide resources. o Create positive buzz and promotion for Downtown Renton. o Drive consumer traffic to Renton’s Downtown Historic Corridor o Create opportunities for new long-term property leases in Downtown Renton o Generate ideas, leads, and insights to aid efforts to support job creation and revenue growth. The incentive packages are designed to help defray the costs of opening a brick -and-mortar business in the City of Renton and provide support through business mentoring, marketing support and workforce development. The program is a collaboration between the Renton Downtown Partnership, Renton Chamber of Commerce, and participating property owners downtown. 2. Project Scope of Work: Outline project title or components, economic impacts of COVID-19 the project is addressing, project goals, project deliverables, and metrics (measurable outcomes) using the table below. View Appendix B for sample metrics, measures of success, and data sources. The table is used in the agreement between the Port of Seattle and each city. AGENDA ITEM #6. b) S-00321067 City of Renton Page 7 of 13 Project Category: Tourism Promotion Project Goal(s) Timeline (Start and end dates): Actions Project metrics Project outcomes/deliverables Promote Renton as a destination for tourism, recreation, business opportunity and investment using the latest technologies April 2022 – November 2023 • Geofence Renton hotels, attractions, high- visitation/event areas, the city of Renton itself and SEA International Airport • Develop a geolocation-based marketing campaign using collected data (for an event or brand campaign) • Target those who’ve visited in the past 3 years, encourage them to bring a friend and stay overnight • Create campaign concepts • Develop creative assets for campaign; include Port of Seattle logo • Using the geolocation platform, deliver digital ads to reach a targeted audience of potential visitors from outside Washington state using geolocation behaviors • Combine geolocation data with geolocation digital marketing results to track those who interacted with the ads and then visited and/or stayed in paid lodging in Renton to calculate return on investment Number of visitors from outside of Washington state Top locations of origin Top visitor attractions Top visitor events Top attractions by type (parks, dining, events, entertainment, etc.) Number of overnight stays Average length of stay Most popular daysto visit Identify opportunities in previously inaccessible niches, such as cultural events, marinas, parks, etc. Metrics from promotional activities (advertising, social media, etc.). AGENDA ITEM #6. b) S-00321067 City of Renton Page 8 of 13 Project Category: Small Business Support Project Goal(s) Timeline (Start and end dates): Actions Project metrics Project outcomes/deliverables Responded to the COVID-19 crisis by providing tools, classes, workshops for regional businesses to aid in the economic recovery for small businesses April 2022 – November 2023 Deliver a Spring Foundations Series of workshops for entrepreneurs & startups. • Deliver a Fall Foundations Series of workshops for entrepreneurs & startups. • Market the program to support identification, screening, and selection of businesses in Renton who could benefit from participation in the program. • Provide one-on-one technical support services to start-ups, entrepreneurs, and small businesses identified through the program. • Increase outreach efforts to increase knowledge and awareness of ongoing services available to aid Renton entrepreneurs and small business in regional recovery. • Maintain log of business assistance provided. • Survey those assisted through workshops. • Number of businesses contacted with information about the program. • Number of businesses participating in the Foundation series classes. • Number of businesses receiving one-on- one support from the Economic Development office in Renton following a referral from the program. • Number of businesses receiving assistance/connecti on to resources because of the program. • Number of new businesses opening in Renton because of participation in the program. • Program report with evaluation of business assistance provided through surveys collected from workshop participants • Seat full complement of participating businesses • Evaluation of businesses needs • Evaluation of metrics including quantity, sector, and type of assistance rendered • Evaluation of website metrics • Evaluation of outreach and communications efforts AGENDA ITEM #6. b) S-00321067 City of Renton Page 9 of 13 Support local film industry; Provide marketing support for small businesses; promote Renton as a center for Arts & Culture April 2022 – November 2023 (two film competition events over the two year period) • Create promotional videos to highlight small businesses in Renton. • The competition will be announced through a call for artists/filmmakers that will be distributed to artists, arts organizations and artist networks based locally and nation-wide. • The competition will be held in Renton in the summer of 2022. • Films will feature local businesses and be used as promotional material made available to the businesses following the competition and highlighted in the Renton Community Marketing Campaign through and made available on Visitrentonwa.com, whyrenton.com and rentondowntown.com. • The films will be integrated into the paid social campaigns ran through the Renton Community Marketing Campaigns and targeting a fly-in audience. • The films will be screened at the Renton Civic Théâtre for public viewing at special event designed to draw residents, tourist and film lovers to downtown Renton. • Number of filmmakers participating in the competition and making connection with and receiving information from the Renton Municipal Arts Commission. • Number of films produced. • Number of small businesses highlighted in the produced films. • Number of attendees at the screening (attending the event in downtown Renton). • Post-event feedback from artists, residents, and businesses. • Attendance figures as available from event partners (screenings at Civic Theatre, awards event at Seattle Film Summit). • Number of short films created to promote small businesses in Renton. • Metrics from promotional activities (advertising for the competition, marketing of the screening event). • Number of local artists participating in the film challenge. • Number of attendees at the screening event. • Number of artists engaging in the film competition and connecting with the Arts Commission for resources to grow their business in Renton. AGENDA ITEM #6. b) S-00321067 City of Renton Page 10 of 13 Support creative workforce through the creation of an Arts Business Incubator; promote Renton as a center for Arts & Culture April 2022 – November 2023 • Contract with a design/build company with an understanding of the arts & culture sector to create a plan to launch an arts center in downtown Renton. •Make contact with local artists to survey current needs (and identify resources and solutions that can be addressed in the creation of the art & culture co-workspace). •Implement changes recommended by the Design team to the building out the space to serve as an incubator for artists and center for arts programming and business mentoring. •Create marketing toolkit to promote the space that includes resources and testimonials about participating in the creative economy in Renton. •Open an application for artists to utilize the space at low or no cost. • Partner with local arts organizations to offer programming and connect with artists around the region (including, but not limited to Allied Arts of Renton, SoCoCulture, 4 Culture, Artist Trust). • Activate creative co- workspace in downtown Renton by Spring 2023. • Number of local artists contacted about the program and space. • Number of local artists contacted and subscribed to the city’s artists’ roster. •Number of local artists utilizing the co-work space (as studio space, or to host programming). •Number of local artists receiving assistance. • Report summarizing findings of 2022- 2023Creative Co- workspace. • Promotional materials created for the co- workspace and toolkit for Arts & Culture in Renton. • Recommendations for supporting the growth of the creative economy in Renton. •Number of artists contacted and receiving information about the arts & culture space. •Number of artists connected with the Renton Municipal Arts Commission as a result of the project. •Number of artists responding to the call for participants. •Number of artists connected with resources to help growthier art business. •Number of artists operating out of the space. •Number of support partners participating and providing support for the arts & culture space. AGENDA ITEM #6. b) S-00321067 City of Renton Page 11 of 13 Foster startups through an entrepreneur challenge April 2022 – November 2023 (2 to 3 incentive packages over the course of the 2-year period) • Host an entrepreneur Challenge that encourages startups to submit their business plans to receive incentive package and assistance opening a location in downtown Renton. • Create marketing campaign to promote the Challenge. • Identify and contact small business owners and entrepreneurs in Renton about participating in the Challenge program. • Collect information through surveys to create a better understanding of the needs and challenges of the startup community in Renton. • Work with partners (Chamber, banks, marketing firms, property owners, etc.) to identify resources to support entrepreneurs. • Select 1 to 2 businesses to receive the incentive package and additional support to open a location in downtown Renton. • Number of startups and entrepreneurs contacted about the program and space. • Number of startups/entrepreneu rs contacted and connected with the Economic Development office. • Number of entrepreneurs responding to the Challenge opportunity. • Number of entrepreneurs receiving assistance. • Number of community partners offering support for the program. • Number of startups contacted and receiving information about the program. • Number of startups/entrepreneurs connected with the Renton Economic Development office as a result of the program. • Number of businesses participating in the Challenge (responses received during the application period). • Number of businesses connected with resources to help grow their business. • Number of new businesses opening in downtown Renton because of the competition. • Number of jobs created from the new businesses that open. • Number of support partners participating and providing support to entrepreneurs. 3. Connection to Port of Seattle interests: Explain how your project benefits the Port of Seattle and ties to the Port’s business interests? *Port business interests tie closely to the health of aviation, maritime/ logistics, manufacturing, and construction/ trades clusters. Tourism is another important industry to the Port of Seattle. The project goals outlined above align closely with the objectives of the Port of Seattle and aim to assist in the recovery efforts and provide opportunities for growth following the struggles created by a community impacted by COVID -19. The identified projects serve impacted businesses, promote local tourism, encourage local spending, and foster a better understanding of the challenges faced by entrepreneurs and key industries in the new business climate. AGENDA ITEM #6. b) S-00321067 City of Renton Page 12 of 13 The emphasis on tourism promotion in these projects will serve to increase visitor traffic to Renton through SEA International Airport. Through campaign efforts to grow awareness and increase overnight stays, t he campaigns aim to make Renton, as a part of the greater Seattle region, a travel destination of choice for visitors outside Washington state. Geolocation data provides insights that make marketing campaigns more effective. Knowing the states visitors ca me from, where they have stayed and what they did helps us reach people most likely to fly to SEA International Airport and explore Renton and beyond. With its proximity to the airport, Renton is a natural basecamp for visitors who want to experience Western Washington’s diverse cultures, history, and outdoor adventures. The focus on improving arts and cultural programs can leverage existing tourism trends and boost overnight stays for evening and weekend entertainment and potentially increase the length o f stay of the current tourism base. Strengthening the creative economy and providing for a healthy business environment are key to economic growth in Renton and the region in the aftermath of the pandemic. The selected projects will provide businesses and arts leaders with the tools and resources necessary to develop and build connection so that together, they can create jobs, attract investments, encourage local spending, and stimulate the economy through tourism and consumer purchases. 4. Project Budget: Identify each project budget category, total funds (including the monetary value of in-kind resources), Port of Seattle funds and City monetary and in-kind matching funds. Include the total funds from each column in the second to last row. Inc lude the percentage contributions to the Port of Seattle’s contribution in the last row. This table is used in the agreement between the Port of Seattle and each city. Project: Project Category (Please select one of the categories provided) Port of Seattle Funds Awarded: City Monetary Matching Funds: City In-kind Matching Funds: Total Funds (Including In-Kind): Geolocation Marketing Campaign Tourism $20,000 $10,000 $30,000 Startup425 Partnership Small Business Assistance $20,000 $10,000 $30,000 Film Competition & Small Business Promotions Small Business Assistance $26,667 $13,333 $40,000 Arts & Culture Incubator Small Business Assistance $33,333 $16,667 $50,000 Main Street Entrepreneur Challenge Small Business Assistance $20,000 $10,000 $30,000 Total Funds: $120,000 $60,000 $180,000 Percentage contribution to Port Funds*: 100% 50% 0% AGENDA ITEM #6. b) S-00321067 City of Renton Page 13 of 13 5. Collaboration with partners: Please identify any community organizations (chamber of commerce, neighborhood associations, Small Business Development Centers, SCORE, Greater Seattle Partners, etc.) you plan to work with to complete all or part of your project(s)? The City of Renton is committed to driving economic growth on a local and regional scale and fully supports the Port’s efforts to raise the regional image as a business location. The City’s investments in an incubator project and emphasis on providing support for small businesses will help identify and foster new and existing businesses that add value to the region and can serve as future partners in sustained growth and vitality of the region. Tourism promotion for the project identified above are managed by the city’s Economic Development office as part of a collaborative effort of the Renton Community Marketing Campaign. The campaign is supported by five community partners including Renton Schools, Renton Technical College, Renton Chamber of Commerce, Valley Med ical and the City. In addition to the campaign partners, members representing the lodging tax advisory committee (hotel managers, non-profit leaders, and direct marketing organizations) are included in regular update meetings for their perspective and insights into the needs and status of the hospitality industry in Renton. Additional support and regular collaboration exist between partners at the Renton Downtown Partnership (a 501c (3)) and the Renton Municipal Arts Commission. • Renton Downtown Partnership — The Renton Downtown Partnership unites the community, nonprofits, and stakeholders to create a vibrant social, cultural, and economic center while celebrating Downtown Renton's unique historic character. • Renton Municipal Arts Commission Renton Municipal Arts Commission was formed in 1965. The members advise the city government about the artistic and cultural development and serve as stewards of the city's art collection. In addition, the commission strives to support and connect people with arts and cult ure endeavors in the Renton community. For more information about the Renton Municipal Arts Commission, contact arts@rentonwa.gov or visit facebook.com/Renton arts. The City is proud of the success of the current collaboration with the four municipalities participating in efforts to expand entrepreneurship opportunities across Eastside communities to provide support for local business owners interested in expanding into foreign markets. Renton continues to join forces with the four partner cities (Redmond, Kirkland, Issaquah and Bellevue) and the SCORE mentors and leaders in the efforts of the Startup425 to support and foster the small business environment on the Eastside of the region. In addition, the following organizations are involved in the planning and execution of the program; King County Library System (KCLS), the Small Business Development Center (SBDC), the Small Business Administration (SBA), the Service Corps of Retired Executives (SCORE), the Greater Seattle Partners (GSP), Bellevue College, Washington State Office for Regulatory Innovation and Assistance, and many others. 6. Use of consultants or contractors: If you plan to use consultants or contractors to complete all or part of the project, please identify the firm or type of firm you plan to hire for this project. The Renton Community Marketing Campaign partners work closely with JayRay PR & Creative Marketing to facilitate contracted services to manage the tourism campaign. This full-service creative marketing and strategic communication team has proven to be a highly effective partner in the marketing of the city and the region. The City of Renton Economic Development Division and the Renton Municipal Arts Commission will produce an RFP to request a feasibility study and design proposal to create an arts and culture center in one of the existing city facilities downtown. The study and design of the selected contractor will provide the foundation for the development of an operational arts incubator in downtown Renton. AGENDA ITEM #6. b) S-00321067 City of Renton Page 1 of 13 ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT BETWEEN THE PORT OF SEATTLE AND CITY OF RENTON S-00312067 This Economic Development Partnership Agreement (the " Agreement") is made by and between the Port of Seattle (the "Port") and the City of Renton ("Agency"), both municipal corporations of the State of Washington (each, a "Party" or, collectively, the "Parties"). RECITALS WHEREAS, engaging in the promotion of economic development is a recognized Port purpose authorized under RCW 53.08.245; and WHEREAS, RCW 35.21.703 similarly authorizes cities to engage in economic development programs; and WHEREAS, RCW 53.08.240(2) permits the Port to contract with another municipality to perform suc h undertakings each is authorized to perform; and WHEREAS, the Port Commission of the Port of Seattle established the Economic Development Partnership Program (the "Program"), to advance the Port' s Century Agenda, promote a dramatic growth agenda, support the creation of middle class jobs and help address the lack of economic development funding for local projects; and WHEREAS, grant funding across the region is very limited for cities that want to pursue economic development projects or initiatives, and Washington State has not had an economic development grant program for over 20 years; and WHEREAS, the Program will provide 38 King County cities per capita funding to advance local economic development throughout the region, and requires a 50% local mat ch by the cities that receive the grants; and WHEREAS, the Program will help the Port advance regional economic vitality through focused partnerships with King County cities; and WHEREAS, the Program will make grants to cities that pursue programs and pr ojects that stimulate business development, job creation and community revit alization, such as small business development, industry retention and expansion, and other economic development projects that support new investment and job creation; NOW, THEREFORE the parties agree as follows: 1. Purpose. The purpose of this Agreement is to establish a contrac tual arrangement under which the Port will pay the Agency Program funds in the amount set forth on Section 2 solely for the purpose of carrying out the local init iative described in Exhibit A, attached and incorporated hereto by this reference AGENDA ITEM #6. b) S-00321067 City of Renton Page 2 of 13 (the "Project"). This Agreement shall be interpreted in furtherance of this purpose. 2. Responsibilities of the Port. The Port shall contribute One Hundred Twenty Thousand and 00/100 Dollars ($120,000.00) (the "Grant Funds") to assist the Agency in funding the Project. The Port shall disburse the Grant Funds to the Agency no later than thirty (30) days after receipt of a complete and correct invoice (s) detailing those Project deliverables completed in accordance with Exhibit A . 3. Responsibilities of the Agency. 3.1 The Agency shall contribute local funds equivalent to at least fifty percent (50%) of the Grant Funds towards the Project . 3.2 The Agency may contract with local non -profits to complete the Project or elements of the Project; provided, that the Port shall not, under any circumstance, disburse the Gran t Funds to any of the Agency's contractors or subcontractors. 3.3 The Agency shall complete the Project no later than December 31, 202 3 3.4 The Agency shall provide a complete and correct invoice(s) detailing those Project deliverables completed in accordance with Exhibit A no later than December 31, 202 3 4. Term. This Agreement shall be become effective as of the date the Port executes this Agreement and shall terminate on December 31, 2023, unless earlier terminated under another provision of this Agreement. 5. Termination for Convenience. The Port may terminate this Agreement at any time for any reason, by giving the Agency thi rty (30) days' written notice. In the event the Agency has completed any portion of the Project by the time it receives the Port's notice of termination , the Port shall pay the Agency the percentage of the Grant Funds attributable to the Agency's completed portion of the Project. 6. Termination for Default. Except in the case of delay or failure resulting from circumstances beyond the control and without the fault or negligence of the Agency, the Port shall be entitled, by written or oral notice to the Agency, to terminate Agreement for breach of any of the terms and to have all other rights against the Agency by reason of the Agency's breach as provided by law. 7. Waiver. Failure at any time of the Port to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of the Port to enforce such provision at any subsequent time. No term or condition of this Agreement shall be held to be waived, modified or deleted except by a written amendment signed by the Parties 8. Partial Invalidity. If any provision of this Ag reement is or becomes void or unenforceable by force or operation of law, all other provisions hereof shall remain valid and enforceable. 9. Indemnification and Hold Harmless Agreement. The Agency shall defend, indemnify, and hold harmless the Port, its Commissioners, officers, employees, and agents (hereafter, collectively, the "Port") from all liability, claims, damages, losses, and expenses (including, but not limited to attorneys' and consultants' fees and other expenses of litigation or arbitration) arising out of or related to the fulfillment of this Agreement; provided, however, if and to the extent that this Agreement is construed to be relative to the construction, alternation, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving or demolition in connection therewith, and therefore subject to Section 4.24.115 of the Revised Code of Washington, it is agreed that where such liability, claim, damage, loss or expense arises from the concurrent negligence of (i) the Port, and (ii) the Agency, its agents, or its employees, it is expressly agreed that the Agency's obligations of indemnity under this paragraph shall be effective only to the extent of the Agency's negligence. Such obligations shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise e xist as to any person or entity described in this paragraph. This paragraph shall not be construed so as to require the Agency to defend, indemnify, or hold harmless the Port from such claims, damages, losses or expenses AGENDA ITEM #6. b) S-00321067 City of Renton Page 3 of 13 caused by or resulting from the sole negligence of the Port. In any and all claims against the Port, by any employee of the Agency , its agent, anyone directly or indirectly employed by either of them, or anyone for whose acts any of them may be liable, the indemnification obligation of this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation benefits payable by or for the Agency, or other person under applicable industrial insurance laws (including, but not limited to Title 51 of the Revised Code of Washington), it being clearly agreed and understood by the Parties hereto that the Agency expressly waives any immunity the Agency might have had under such laws. By executing this Agreement, the Agency acknowledges that the foregoing waiver has been mutually negotiated by the parties. The Agency shall pay all attorneys' fees and expenses incurred by the Port in establishing and enforcing the Port's right under this paragraph, whether or not suit was instituted. 10. Comply with All Laws. The Agency shall at all times comply with all federal, state and local laws, ordinances and regulations, including but not limited to all environmental laws, which in any manner apply to the performance of this Agreement. 11. Integration. This Agreement, together with the attached Exhibit A, constitutes the entire agreement between the Parties and unless modified in writing by an amendment executed by the Parties, shall be implemented only as described herein. 12. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington. Any action arising out of this Agreement shall be brought in King County. 13. No Employment Relationship Created. The Parties agree that nothing in this Agreement shall be construed to create an employment relationship between the Agency and the Port. 14. No Entity Created. The Parties agree that nothing in this Agreement shall be construed to create a joint entity between the Agency and the Port. 15. Notices. Notices to the Port shall be sent to: Notices to the Agency shall be sent to: Port of Seattle City of Renton Economic Development Division 1055 S Grady Way P. O. Box 1209 Renton WA 98057 Seattle, WA 98111 AGENDA ITEM #6. b) S-00321067 City of Renton Page 4 of 13 16. Audits and Retention of Records . The Agency in and make all books, records and documents (the "Records") relating to the performance of this Agreement open to inspection or audit by representatives of the Port or Washington State during the term of this Agreement and for a period of not less than six (6) years after termination of the Agreement; provided, that if any litigation, claim or audit arising out of, in connection with or related to this Agreement is initiated, the Agency shall retain such Records until the later of (a) resolution or completion of litigation claim or audit; or (b) six (6) years after the termination of this Agreement. 17. Amendment. This Agreement may only be amended by written agreement of the Parties. 18. Dispute Resolution. The Parties shall use their best, good faith efforts to cooperatively resolve disputes that arise in connection with this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this agreement as of the date first set forth above. PORT OF SEATTLE CITY OF RENTON By: Colby Wattling By: Buyer III _______________________ ________________________ Signature Signature _______________________________ ________________________________ Dated Dated AGENDA ITEM #6. b) S-00321067 City of Renton Page 5 of 13 EXHIBIT A 1. Project Description: Summarize the project(s) you plan to implement and explain how project(s) address COVID -19 economic issues in your city. Include a brief description of the project goal(s) and summary of COVID -19 economic impacts being addressed. In the aftermath of the COVID-19 pandemic, the role of cultural and creative industries in our lives and in recovery efforts, has become increasingly evident. A well-developed creative economy supports employment, socioeconomic development, innovation, and cultural preservation within our region. Along with cultural and creative economies, the tourism industry and small business communities have been the sectors hit the hardest by the pandemic. With support from the Port, the City of Renton will focus the 2022 -2023 projects on the integration of the arts and culture sector into the processes of community recovery and development with an emphasis on small business support and tourism development. The following projects are intended to focus recovery efforts to mitigate the negativ e impacts from the economic downturn and serve to jumpstart the local recovery process: • Tourism Development - Promote Renton as a destination for tourism, recreation, business opportunity and investment using geolocation technology to determine who visits Renton, where they are coming from and what is driving their visit (i.e., restaurants, hotels, events, parks). Geolocation services provide valuable insights on who’s visiting, where they visit, whether they stay overnight and if so, how long they stay. Co llected data provides the opportunities to retarget those visitors to return to Renton. The project will use the data collected through geolocation to create a targeted marketing campaign that resonates with an audience already engaged and illustrating a high likelihood of returning to the area and sharing their experience within their networks. A marketing campaign based on data collected through geolocation technology has the ability to create targeted promotions for events that resonate with an audience outside the state. The campaign will reach a targeted audience of potential visitors from outside of Washington state using geolocation behaviors, serving them ads and then tracking those who interacted with the ads into market and/or paid lodging in Rento n to calculate return on investment. Ad campaigns will promote multi-cultural events and celebrations of song, dance, food and music from the rich communities that have earned Renton the designation as one of the most ethnically diverse cities in the United States. • Small Business Assistance - through direct service to eastside businesses in response to the economic crisis caused by COVID-19. Expanding on the recovery efforts of the eastside City partners, the Startup425 program initiative will continue to provide general business support services and creative solutions for businesses struggling to regain stability following the negative impacts of COVID -19. Recovery efforts require both local and regional efforts to build a pathway for prosperity in our community and in response to the COVID-19 economic crisis. The Startup425 program offers a platform for collaborative efforts between the eastside cities and remains a priority in Renton. The City of Kirkland will continue to serve as program administrator for an additional year through year-end 2022. In 2022 and 2023, the focus will remain on providing programs and training to advance economic recovery and resiliency for those businesses most negatively impacted by the COVID -19 pandemic. • Small Business Assistance/Promotion - Promote Renton as a center for arts and culture while generating campaign tools to assist the small business community with their marketing efforts through a film competition. Working in partnership with the Renton Municipal Arts Commission and REEL Renton, the City will host a filmmaking challenge designed to support local filmmakers and create short promotional videos to highlight local businesses and build a name for Renton as a leader in the film industry. Filmmakers will have 50 hou rs to write, shoot, edit and turn in a film up to four minutes in length. The film must be shot entirely in Renton. Filmmakers will be assigned a local small business at the beginning of the competition to showcase in their production. The resulting films will be screened at the Renton Civic Theatre. The top films will receive an award and be presented at the Seattle Film Summit held in Renton in September 2022. All submitted films will be available online and used in promotional materials to highlight the arts and small business environment in Renton. • Small Business Assistance/Relief – Activate a creative hub with local artists and art programming and create a toolkit with resources and testimonials about the creative economy in Renton, including links for how to get involved. Economic recovery relies on the ability of creative workers to recuperate after so much of the sector’s loss resulting from the pandemic. Many artists, especially those operating out of their homes, are isolated, and AGENDA ITEM #6. b) S-00321067 City of Renton Page 6 of 13 lack access to resources necessary to safeguard or adapt their business models to shifting consumer habits . The lack of affordable working space for artists presents challenges to the development and continued support of a robust local arts and culture tourism industry. The City will conduct a feasibility study and implement plans to establish an art and culture coworking space at one of two city-owned facilities downtown. The facility will serve as a free or low-cost space for artist studio and gallery space and offer programming designed to foster professional art mentoring services and resources designed to nurture artists’ business abilities. The City will work with the Renton Municipal Arts Commission to provide programming and review applications from local artists for use of the studio and gallery space. The arts and culture center will serve to create more interconnected creative networks and support of a robust local arts and culture tourism industry. • Small Business Assistance – Build on the development of downtown Renton through a MainStreet challenge designed to foster the growth of startup businesses in the community and generate additional retail occupancy in the heart of the city. The Challenge is an entrepreneurial start-up competition which will take place over a period of approximately 6 months and provide a means by which local or regional merchants can advance their desire to expand or open a new business downtown. The challenge offers incentive package(s) for retail businesses or restaurants to locate in downtown Renton no later than Fall 2023. The purpose is to foster economic development by encouraging additional retail occupancy in downtown Renton and provides a means by which small businesses can advance their desire to expand or open a brick-and-mortar location. Each winner will receive an incentive package with a value of $5,000or more in financial assistance over a twelve -month period. Additional in-kind professional services will be made available by local businesses which may include accounting, advertising, architectural, banking, legal, signage, social media and search engine training, and website design services. The challenge serves to: o recruit existing businesses to locate in the downtown core in order diversify the mix of offerings in Renton . o Showcase and market existing available properties in the downtown area. o Provide entrepreneurial businesses with financial assistance to launch their concepts. o Identify and connect with startups or home-based businesses to provide resources. o Create positive buzz and promotion for Downtown Renton. o Drive consumer traffic to Renton’s Downtown Historic Corridor o Create opportunities for new long-term property leases in Downtown Renton o Generate ideas, leads, and insights to aid efforts to support job creation and revenue growth. The incentive packages are designed to help defray the costs of opening a brick -and-mortar business in the City of Renton and provide support through business mentoring, marketing support and workforce development. The program is a collaboration between the Renton Downtown Partnership, Renton Chamber of Commerce, and participating property owners downtown. 2. Project Scope of Work: Outline project title or components, economic impacts of COVID-19 the project is addressing, project goals, project deliverables, and metrics (measurable outcomes) using the table below. View Appendix B for sample metrics, measures of success, and data sources. The table is used in the agreement between the Port of Seattle and each city. AGENDA ITEM #6. b) S-00321067 City of Renton Page 7 of 13 Project Category: Tourism Promotion Project Goal(s) Timeline (Start and end dates): Actions Project metrics Project outcomes/deliverables Promote Renton as a destination for tourism, recreation, business opportunity and investment using the latest technologies April 2022 – November 2023 • Geofence Renton hotels, attractions, high- visitation/event areas, the city of Renton itself and SEA International Airport • Develop a geolocation-based marketing campaign using collected data (for an event or brand campaign) • Target those who’ve visited in the past 3 years, encourage them to bring a friend and stay overnight • Create campaign concepts • Develop creative assets for campaign; include Port of Seattle logo • Using the geolocation platform, deliver digital ads to reach a targeted audience of potential visitors from outside Washington state using geolocation behaviors • Combine geolocation data with geolocation digital marketing results to track those who interacted with the ads and then visited and/or stayed in paid lodging in Renton to calculate return on investment Number of visitors from outside of Washington state Top locations of origin Top visitor attractions Top visitor events Top attractions by type (parks, dining, events, entertainment, etc.) Number of overnight stays Average length of stay Most popular daysto visit Identify opportunities in previously inaccessible niches, such as cultural events, marinas, parks, etc. Metrics from promotional activities (advertising, social media, etc.). AGENDA ITEM #6. b) S-00321067 City of Renton Page 8 of 13 Project Category: Small Business Support Project Goal(s) Timeline (Start and end dates): Actions Project metrics Project outcomes/deliverables Responded to the COVID-19 crisis by providing tools, classes, workshops for regional businesses to aid in the economic recovery for small businesses April 2022 – November 2023 Deliver a Spring Foundations Series of workshops for entrepreneurs & startups. • Deliver a Fall Foundations Series of workshops for entrepreneurs & startups. • Market the program to support identification, screening, and selection of businesses in Renton who could benefit from participation in the program. • Provide one-on-one technical support services to start-ups, entrepreneurs, and small businesses identified through the program. • Increase outreach efforts to increase knowledge and awareness of ongoing services available to aid Renton entrepreneurs and small business in regional recovery. • Maintain log of business assistance provided. • Survey those assisted through workshops. • Number of businesses contacted with information about the program. • Number of businesses participating in the Foundation series classes. • Number of businesses receiving one-on- one support from the Economic Development office in Renton following a referral from the program. • Number of businesses receiving assistance/connecti on to resources because of the program. • Number of new businesses opening in Renton because of participation in the program. • Program report with evaluation of business assistance provided through surveys collected from workshop participants • Seat full complement of participating businesses • Evaluation of businesses needs • Evaluation of metrics including quantity, sector, and type of assistance rendered • Evaluation of website metrics • Evaluation of outreach and communications efforts AGENDA ITEM #6. b) S-00321067 City of Renton Page 9 of 13 Support local film industry; Provide marketing support for small businesses; promote Renton as a center for Arts & Culture April 2022 – November 2023 (two film competition events over the two year period) • Create promotional videos to highlight small businesses in Renton. • The competition will be announced through a call for artists/filmmakers that will be distributed to artists, arts organizations and artist networks based locally and nation-wide. • The competition will be held in Renton in the summer of 2022. • Films will feature local businesses and be used as promotional material made available to the businesses following the competition and highlighted in the Renton Community Marketing Campaign through and made available on Visitrentonwa.com, whyrenton.com and rentondowntown.com. • The films will be integrated into the paid social campaigns ran through the Renton Community Marketing Campaigns and targeting a fly-in audience. • The films will be screened at the Renton Civic Théâtre for public viewing at special event designed to draw residents, tourist and film lovers to downtown Renton. • Number of filmmakers participating in the competition and making connection with and receiving information from the Renton Municipal Arts Commission. • Number of films produced. • Number of small businesses highlighted in the produced films. • Number of attendees at the screening (attending the event in downtown Renton). • Post-event feedback from artists, residents, and businesses. • Attendance figures as available from event partners (screenings at Civic Theatre, awards event at Seattle Film Summit). • Number of short films created to promote small businesses in Renton. • Metrics from promotional activities (advertising for the competition, marketing of the screening event). • Number of local artists participating in the film challenge. • Number of attendees at the screening event. • Number of artists engaging in the film competition and connecting with the Arts Commission for resources to grow their business in Renton. AGENDA ITEM #6. b) S-00321067 City of Renton Page 10 of 13 Support creative workforce through the creation of an Arts Business Incubator; promote Renton as a center for Arts & Culture April 2022 – November 2023 • Contract with a design/build company with an understanding of the arts & culture sector to create a plan to launch an arts center in downtown Renton. •Make contact with local artists to survey current needs (and identify resources and solutions that can be addressed in the creation of the art & culture co-workspace). •Implement changes recommended by the Design team to the building out the space to serve as an incubator for artists and center for arts programming and business mentoring. •Create marketing toolkit to promote the space that includes resources and testimonials about participating in the creative economy in Renton. •Open an application for artists to utilize the space at low or no cost. • Partner with local arts organizations to offer programming and connect with artists around the region (including, but not limited to Allied Arts of Renton, SoCoCulture, 4 Culture, Artist Trust). • Activate creative co- workspace in downtown Renton by Spring 2023. • Number of local artists contacted about the program and space. • Number of local artists contacted and subscribed to the city’s artists’ roster. •Number of local artists utilizing the co-work space (as studio space, or to host programming). •Number of local artists receiving assistance. • Report summarizing findings of 2022- 2023Creative Co- workspace. • Promotional materials created for the co- workspace and toolkit for Arts & Culture in Renton. • Recommendations for supporting the growth of the creative economy in Renton. •Number of artists contacted and receiving information about the arts & culture space. •Number of artists connected with the Renton Municipal Arts Commission as a result of the project. •Number of artists responding to the call for participants. •Number of artists connected with resources to help growthier art business. •Number of artists operating out of the space. •Number of support partners participating and providing support for the arts & culture space. AGENDA ITEM #6. b) S-00321067 City of Renton Page 11 of 13 Foster startups through an entrepreneur challenge April 2022 – November 2023 (2 to 3 incentive packages over the course of the 2-year period) • Host an entrepreneur Challenge that encourages startups to submit their business plans to receive incentive package and assistance opening a location in downtown Renton. • Create marketing campaign to promote the Challenge. • Identify and contact small business owners and entrepreneurs in Renton about participating in the Challenge program. • Collect information through surveys to create a better understanding of the needs and challenges of the startup community in Renton. • Work with partners (Chamber, banks, marketing firms, property owners, etc.) to identify resources to support entrepreneurs. • Select 1 to 2 businesses to receive the incentive package and additional support to open a location in downtown Renton. • Number of startups and entrepreneurs contacted about the program and space. • Number of startups/entrepreneu rs contacted and connected with the Economic Development office. • Number of entrepreneurs responding to the Challenge opportunity. • Number of entrepreneurs receiving assistance. • Number of community partners offering support for the program. • Number of startups contacted and receiving information about the program. • Number of startups/entrepreneurs connected with the Renton Economic Development office as a result of the program. • Number of businesses participating in the Challenge (responses received during the application period). • Number of businesses connected with resources to help grow their business. • Number of new businesses opening in downtown Renton because of the competition. • Number of jobs created from the new businesses that open. • Number of support partners participating and providing support to entrepreneurs. 3. Connection to Port of Seattle interests: Explain how your project benefits the Port of Seattle and ties to the Port’s business interests? *Port business interests tie closely to the health of aviation, maritime/ logistics, manufacturing, and construction/ trades clusters. Tourism is another important industry to the Port of Seattle. The project goals outlined above align closely with the objectives of the Port of Seattle and aim to assist in the recovery efforts and provide opportunities for growth following the struggles created by a community impacted by COVID -19. The identified projects serve impacted businesses, promote local tourism, encourage local spending, and foster a better understanding of the challenges faced by entrepreneurs and key industries in the new business climate. AGENDA ITEM #6. b) S-00321067 City of Renton Page 12 of 13 The emphasis on tourism promotion in these projects will serve to increase visitor traffic to Renton through SEA International Airport. Through campaign efforts to grow awareness and increase overnight stays, t he campaigns aim to make Renton, as a part of the greater Seattle region, a travel destination of choice for visitors outside Washington state. Geolocation data provides insights that make marketing campaigns more effective. Knowing the states visitors ca me from, where they have stayed and what they did helps us reach people most likely to fly to SEA International Airport and explore Renton and beyond. With its proximity to the airport, Renton is a natural basecamp for visitors who want to experience Western Washington’s diverse cultures, history, and outdoor adventures. The focus on improving arts and cultural programs can leverage existing tourism trends and boost overnight stays for evening and weekend entertainment and potentially increase the length o f stay of the current tourism base. Strengthening the creative economy and providing for a healthy business environment are key to economic growth in Renton and the region in the aftermath of the pandemic. The selected projects will provide businesses and arts leaders with the tools and resources necessary to develop and build connection so that together, they can create jobs, attract investments, encourage local spending, and stimulate the economy through tourism and consumer purchases. 4. Project Budget: Identify each project budget category, total funds (including the monetary value of in-kind resources), Port of Seattle funds and City monetary and in-kind matching funds. Include the total funds from each column in the second to last row. Inc lude the percentage contributions to the Port of Seattle’s contribution in the last row. This table is used in the agreement between the Port of Seattle and each city. Project: Project Category (Please select one of the categories provided) Port of Seattle Funds Awarded: City Monetary Matching Funds: City In-kind Matching Funds: Total Funds (Including In-Kind): Geolocation Marketing Campaign Tourism $20,000 $10,000 $30,000 Startup425 Partnership Small Business Assistance $20,000 $10,000 $30,000 Film Competition & Small Business Promotions Small Business Assistance $26,667 $13,333 $40,000 Arts & Culture Incubator Small Business Assistance $33,333 $16,667 $50,000 Main Street Entrepreneur Challenge Small Business Assistance $20,000 $10,000 $30,000 Total Funds: $120,000 $60,000 $180,000 Percentage contribution to Port Funds*: 100% 50% 0% AGENDA ITEM #6. b) S-00321067 City of Renton Page 13 of 13 5. Collaboration with partners: Please identify any community organizations (chamber of commerce, neighborhood associations, Small Business Development Centers, SCORE, Greater Seattle Partners, etc.) you plan to work with to complete all or part of your project(s)? The City of Renton is committed to driving economic growth on a local and regional scale and fully supports the Port’s efforts to raise the regional image as a business location. The City’s investments in an incubator project and emphasis on providing support for small businesses will help identify and foster new and existing businesses that add value to the region and can serve as future partners in sustained growth and vitality of the region. Tourism promotion for the project identified above are managed by the city’s Economic Development office as part of a collaborative effort of the Renton Community Marketing Campaign. The campaign is supported by five community partners including Renton Schools, Renton Technical College, Renton Chamber of Commerce, Valley Med ical and the City. In addition to the campaign partners, members representing the lodging tax advisory committee (hotel managers, non-profit leaders, and direct marketing organizations) are included in regular update meetings for their perspective and insights into the needs and status of the hospitality industry in Renton. Additional support and regular collaboration exist between partners at the Renton Downtown Partnership (a 501c (3)) and the Renton Municipal Arts Commission. • Renton Downtown Partnership — The Renton Downtown Partnership unites the community, nonprofits, and stakeholders to create a vibrant social, cultural, and economic center while celebrating Downtown Renton's unique historic character. • Renton Municipal Arts Commission Renton Municipal Arts Commission was formed in 1965. The members advise the city government about the artistic and cultural development and serve as stewards of the city's art collection. In addition, the commission strives to support and connect people with arts and cult ure endeavors in the Renton community. For more information about the Renton Municipal Arts Commission, contact arts@rentonwa.gov or visit facebook.com/Renton arts. The City is proud of the success of the current collaboration with the four municipalities participating in efforts to expand entrepreneurship opportunities across Eastside communities to provide support for local business owners interested in expanding into foreign markets. Renton continues to join forces with the four partner cities (Redmond, Kirkland, Issaquah and Bellevue) and the SCORE mentors and leaders in the efforts of the Startup425 to support and foster the small business environment on the Eastside of the region. In addition, the following organizations are involved in the planning and execution of the program; King County Library System (KCLS), the Small Business Development Center (SBDC), the Small Business Administration (SBA), the Service Corps of Retired Executives (SCORE), the Greater Seattle Partners (GSP), Bellevue College, Washington State Office for Regulatory Innovation and Assistance, and many others. 6. Use of consultants or contractors: If you plan to use consultants or contractors to complete all or part of the project, please identify the firm or type of firm you plan to hire for this project. The Renton Community Marketing Campaign partners work closely with JayRay PR & Creative Marketing to facilitate contracted services to manage the tourism campaign. This full-service creative marketing and strategic communication team has proven to be a highly effective partner in the marketing of the city and the region. The City of Renton Economic Development Division and the Renton Municipal Arts Commission will produce an RFP to request a feasibility study and design proposal to create an arts and culture center in one of the existing city facilities downtown. The study and design of the selected contractor will provide the foundation for the development of an operational arts incubator in downtown Renton. AGENDA ITEM #6. b) Agreement – 2022 Tourism Marketing Support Program Contract No. S-00321072 Page 1 of 15 AGREEMENT – S-00321072 This Agreement is between the Port Seattle (the “Port”) and City of Renton (the “Vendor”), who, in consideration of the mutual promises contained herein, agree: 1. SERVICE Vendor shall furnish the service(s) specified or indicated in the Agreement Documents which are generally described as Agreement for Promotion Services (hereinafter also referred to as the “Services”) as specified herein. 2. AGREEMENT TIME The initial term of this Agreement shall commence on the date of execution by the Port and shall not to extend beyond December 31, 2022. 3. AGREEMENT RATES Payment will be made on a firm fixed price (lump sum) basis in accordance with the mutually agreed upon Milestones and Schedule of Fees set forth in the Scope of Work/Specific Requirements, Attachment B. The total potential compensation payable to Vendor shall not exceed $10,000. Said compensation shall fully compensate Vendor for all risk, loss, damages or expense of whatever character arising out of the nature of the Services or the prosecution thereof; and for all expenses incurred in the consequence of the suspension or discontinuance of the Services as specified under this Agreement. 4. ORDER OF PRECEDENCE The provisions of this Agreement are complimentary and shall be interpreted to give effect to all of its provisions. The Agreement Documents set forth below represent the entire and integrated Agreement between the Port of Seattle and City of Renton. Any inconsistency in the Agreement Documents shall be resolved in the following order of precedence: 1. Agreements Amendments Executed after Agreement Award 2. The Agreement 3. General Conditions, Attachment A 4. Scope of Work/Specific Requirements, Attachment B AGENDA ITEM #6. b) Agreement – 2022 Tourism Marketing Support Program Contract No. S-00321072 Page 2 of 15 The Agreement Documents set forth above represent the entire and integrated Agreement between the parties hereto. The parties hereto have signed this Agreement in duplicate. One counterpart each has been delivered to the Port and Vendor. PORT OF SEATTLE CITY OF RENTON By: By: Armondo Pavone Buyer X, Purchasing City Mayor Signature Signature Dated Dated Address for Giving Notice: Address for Giving Notice: Port of Seattle, CPO - Procurement 1055 S. Grady Way P.O. Box 1209 Renton, WA, 98057 Seattle, WA 98111 Email: jkotarski@rentonwa.gov Phone (206) 728-5615 Phone: 425-430-7271 AGENDA ITEM #6. b) Agreement – 2022 Tourism Marketing Support Program Contract No. S-00321072 Page 3 of 15 ATTACHMENT A - GENERAL CONDITIONS GC-1 TITLES OR HEADINGS: The titles or headings of the sections, divisions, parts, articles, paragraphs, or subparagraphs, of the Contract Documents are intended only for convenience of reference and shall not be considered as having any bearing on the interpretation of the text. GC-2 ABBREVIATIONS: Abbreviations may be utilized throughout the Contract Documents. Any such abbreviation, unless well-known technical, trade meaning commonly understood in the Vendor’s industry, will be defined in the particular portion of the Contract Documents where it is used. GC-3 INDEMNIFICATION AND HOLD HARMLESS: A. Vendor shall defend, indemnify, and hold harmless the Port, its Commissioners, officers, employees, and agents (hereafter, collectively, the “Port”) from all liability, claims, damages, losses, and expenses (including, but not limited to attorneys’ and consultants’ fees and other expenses of litigation or arbitration) arising out of or related to the fulfillment of this Contract (including, without limitation, product liability claims by persons who may subsequently purchase the Services from the Port, claims for patent, trademark, copyright, trade or franchising infringement, and from all claims arising from Vendors failure to comply with paragraphs GC-5, GC-6, GC-14 of these General Conditions); Provided, however, if and to the extent that these General Conditions are construed to be relative to the construction, alternation, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving or demolition in connection therewith, and therefore subject to Section 4.24.115 of the Revised Code of Washington, it is agreed that where such liability, claim, damage, loss or expense arises from the concurrent negligence of (1) the Port, and (2) Vendor, its agents, or its employees, it is expressly agreed that Vendor’s obligations of indemnity under this paragraph shall be effective only to the extent of Vendor’s negligence. Such obligations shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any person or entity described in this paragraph. This paragraph shall not be construed so as to require Vendor to defend, indemnify, or hold harmless the Port from such claims, damages, losses or expenses caused by or resulting from the sole negligence of the Port. B. In any and all claims against the Port, by any employee of Vendor, its agent, anyone directly or indirectly employed by either of them, or anyone for whose acts any of them may be liable, the indemnification obligation of subparagraph “A” above shall not be limited in any way by any limitation on the amount or type of damages, compensation benefits payable by or for Vendor, or other person under applicable industrial insurance laws (including, but not limited to Title 51 of the Revised Code of Washington), it being clearly agreed and understood by the parties hereto that Vendor AGENDA ITEM #6. b) Agreement – 2022 Tourism Marketing Support Program Contract No. S-00321072 Page 4 of 15 expressly waives any immunity Vendor might have had under such laws. By executing the Contract Vendor acknowledges that the foregoing waiver has been mutually negotiated by the parties. C. Vendor shall pay all attorneys’ fees and expenses incurred by the Port in establishing and enforcing the Port’s right under this paragraph, whether or not suit was instituted. GC-4 COMPLY WITH ALL LAWS: The Vendor shall at all times comply with all federal, state and local laws, ordinances and regulations, including but not limited to those environmental laws and other laws listed in the Contract Documents and other laws referred to herein, which in any manner apply to the performance of this Contract. Such compliance shall include, but is not limited to, the payment of all applicable taxes, royalties, license fees, penalties and duties. GC-5 NON-DISCRIMINATION AND EQUAL EMPLOYMENT: During the performance of this Contract, the Vendor, for itself, its assignees, and successors in interest agrees to comply with the requirements of the following non-discrimination statutes and authorities which are hereby incorporated; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; D. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); E. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); F. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and Vendors, whether such programs or activities are Federally funded or not); G. Titles II and III of the Americans with Disabilities Act, which prohibit AGENDA ITEM #6. b) Agreement – 2022 Tourism Marketing Support Program Contract No. S-00321072 Page 5 of 15 discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; H. The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); I. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; J. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); K. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.) GC-6 NON-DISCRIMINATION POLICY: It is the basic policy of the Port of Seattle to provide equal opportunity to the users of all Port services and facilities and all contracting entities. Specifically, the Port will not tolerate discrimination against any persons on grounds of age, race, color, national origin/ancestry, ethnicity, religion, disability, Family Medical Leave Act (FMLA) use, pregnancy, sex/gender, sexual orientation, whistleblower status, military affiliation, marital status, workers’ compensation use, transgender status, political beliefs, or any other protected status, as guaranteed by local, state and federal laws. The equal opportunity principles in employment and subcontracting described in this policy shall apply to the Port’s employees, customers, consultants, Vendors, and suppliers to the extent possible as required by law. Submission of a properly executed Contract constitutes a contractual commitment to the terms of this resolution. GC-7 CONTRACT TIME: All time limits stated in the Contract Documents, specifically including the Contract Time, are of the essence of this Contract. While the Buyer may, in certain circumstances, provide a written extension, reduction or waiver of certain time limits, the Contract Time may be extended or reduced only by Amendment. GC-8 EXTENSIONS OF CONTRACT TIME; COMPENSATION: A. Force Majeure. If an extension of Contract Time is warranted as a result of force majeure, Vendor will not be responsible for delays in delivery due to acts of God, fire, AGENDA ITEM #6. b) Agreement – 2022 Tourism Marketing Support Program Contract No. S-00321072 Page 6 of 15 strikes, epidemics, war, riot, delay in transportation or railcar transport shortages PROVIDED VENDOR NOTIFIES THE PORT, IMMEDIATELY IN WRITING OF SUCH PENDING OR ACTUAL DELAY. The extension of Contract Time will be limited to the period of time the Port determines the procurement was delayed/extended. All decisions by the Port regarding extensions of time shall be final. B. Reasonable Delays. The Vendor should anticipate that some reasonable delays, including those caused by normal weather patterns, will occur. The Vendor shall not be entitled to any compensation, damages, or extension of the Contract Time for such reasonable delays. C. Non-Excusable and Non-Compensable Delays. Delays in the prosecution of the Services that could have been avoided by the exercise of due care, coordination and diligence on the part of the Vendor, its suppliers are neither excusable nor compensable under the Contract. No extension of Contract Time or increase in the Contract Sum shall be allowed for any claimed delay that is caused by or results from the breach, fault, negligence, or collusion of the Vendor, or its suppliers. GC-9 AUDITS AND RETENTION OF RECORDS: A. The Port or its designee and other authorized representatives of the State of Washington shall have the right to inspect, audit or copy documents for the evaluation and determination of any issue related to the Contract or to the Vendor’s performance thereunder, specifically including but not limited to any Claims brought by the Vendor or any supplier at all reasonable times. B. For the above-referenced purpose, all of the documents related to this Contract shall be open to inspection, audit, or copying by the Port or its designee: • During the Contract Time; • For a period of not less than six (6) years after the date of Contract Completion or termination of the Contract; and • If any Claim, audit, or litigation arising out of, in connection with, or related to this Contract is initiated, all documents and records shall be resolved or completed, whichever occurs later. • The Vendor shall retain the documents related to this Contract for the periods required above. The Vendor shall also ensure that the documents of all suppliers shall be retained and open to similar inspection or audit for the periods required above by incorporating the provisions of this Audit Paragraph into any agreements with suppliers related to this Contract. C. The Vendor, its suppliers shall make a good faith effort to cooperate with the AGENDA ITEM #6. b) Agreement – 2022 Tourism Marketing Support Program Contract No. S-00321072 Page 7 of 15 Port and its designees when the Port gives notice of its need to inspect or audit documents. D. The cost of the audit shall be borne by the Port unless the results of such audit reveal a discrepancy of more than two percent (2%) reported in accordance with the Concession Fees requirement of the Agreement for any twelve (12) month period. In the event of such discrepancy, the full cost of the audit shall be borne by the Vendor, and Vendor shall promptly pay all additional fees owing to the Port. No additional compensation will be provided to the Vendor, its suppliers for time or money spent in complying with the requirements of this Audit Paragraph. If the Vendor is formally dissolved, assigns or otherwise divests itself of its legal capacity under this Contract, then it shall notify the Port and preserve all documents, at its expense, as directed by the Port. E. In the event that Vendor’s books of accounts are not maintained in the Puget Sound region, they shall be made available for audit locally within five (5) business days of a request by the Port, or Vendor shall pay in full, any travel and related expenses of Port representative(s) to travel the location outside the Puget Sound region. In addition, The Port shall have the right to conduct a “surprise” audit not more frequently than twice every twenty four months, and, in the event that Vendor’s books and records are not maintained locally, Vendor shall further pay in full, any travel and related expenses of the Port representative(s) to travel the location outside the Puget Sound region for such “surprise” audit. F. This Audit Paragraph shall survive for six (6) years after the termination or expiration of this Contract, or conclusion of all Claims, audits or litigation, whichever occurs later. GC-10 TERMINATION: A. TERMINATION FOR CONVENIENCE: Either party may terminate this Contract at any time for any reason, by giving the other party thirty (30) days’ written notice. In the event the vendor has completed any portion of the Project by the time it receives the Port’s notice of termination, the Port shall pay Vendor the percentage of funds attributable to the Vendor’s completed portion of the project. B. TERMINATION FOR DEFAULT: Except in the case of delay or failure resulting from circumstances beyond the control and without the fault or negligence of the Vendor, the Port shall be entitled, by written or oral notice to the Vendor, to terminate the Agreement for breach of any of the terms and to have all other rights against the Vendor by reason of the Vendor’s breach as provided by law. GC-11 REMEDIES: Any decisions by the Port to pursue any remedy provided for in paragraph GC-10 herein shall not be construed to bar the Port from the pursuit of any other remedy provided by law or equity in the case of similar, different or subsequent AGENDA ITEM #6. b) Agreement – 2022 Tourism Marketing Support Program Contract No. S-00321072 Page 8 of 15 breaches of this Contract. GC-12 WAIVER: Failure at any time of the Port to enforce any provision of the Contract shall not constitute a waiver of such provision or prejudice the right of the Port to enforce such provision at any subsequent time. No term or condition of this Contract shall be held to be waived, modified or deleted except by a written Amendment signed by the parties hereto. GC-13 PARTIAL INVALIDITY: If any provision of this Contract is or becomes void or unenforceable by force or operation of law, all other provisions hereof shall remain valid and enforceable. GC-14 PUBLIC DISCLOSURE: Vendor acknowledges that the PORT may be required to disclose information provided by Vendor pursuant to the Washington State Public Disclosure Act (RCW Chapter 42.56). The PORT will determine whether any requested documents should be disclosed. In no event shall the Port be liable to Vendor for any disclosure of documents and information, including work product, excluded inventions and intellectual property rights it deems necessary to disclose under the law. GC-15 GOVERNING LAW/VENUE: The laws of the State of Washington shall govern disputes concerning this Contract and the venue of any action relating hereto shall be in the Superior Court for the County of King, State of Washington. GC-16 SUBCONTRACTING/ASSIGNMENT: Vendor shall not assign or transfer this Agreement or any interest therein, nor shall this Agreement or any interest there under be assignable or transferable by operation of law or by any process or proceeding of any court, or otherwise without the advance written consent of the Port. GC-17 SERVICE OF NOTICES BY OR ON THE VENDOR: Any written notice required under the Contract to be given by or to the Vendor may, at the option of either party, be served on or by the Vendor by Electronic Transmission, personal service, certified or registered mail, or recognized overnight courier. Delivery of the notice will be made to the last address provided in writing to the Buyer. Notices shall be deemed delivered: (i) when sent through via Electronic Transmission, (ii) when personally delivered; (iii) on the third day after mailing when sent by certified or registered mail and the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing; or (iv) on the first business day after deposit with a recognized overnight courier if deposited in time to permit overnight delivery by such courier as determined by its posted cutoff times for receipt of items for overnight delivery to the recipient. GC-18 EXECUTION OF THE AGREEMENT FORM: The Contract is not binding upon the Port until the Contract is fully executed. No Proposer shall have a right, interest or claim with respect to the Contract or the Services until the Contract is fully executed. After being executed by the Port, the Vendor will receive a copy of the AGENDA ITEM #6. b) Agreement – 2022 Tourism Marketing Support Program Contract No. S-00321072 Page 9 of 15 Agreement Form. Services prosecuted prior to the full execution of the contract is at the sole risk of the Vendor. End of Attachment A - General Conditions AGENDA ITEM #6. b) Agreement – 2022 Tourism Marketing Support Program Contract No. S-00321072 Page 10 of 15 ATTACHMENT B - SCOPE OF WORK/SPECIFIC REQUIREMENTS 1. Scope of Work: Project goals The goal of the Renton Community Marketing Campaign is to promote Renton as a destination for tourism, recreation, business opportunity and investment using the latest technologies. The campaign goals align closely with the objectives of the Port of Seattle and aim to increase visitor traffic to Renton through SEA International Airport. Through campaign efforts to grow awareness and increase overnight stays, the campaign aims to make Renton, as a part of the greater Seattle region, a travel destination of choice for visitors outside Washington state. The plan for 2022 is to use geolocation technology to determine Renton visitor demographics, including where visitors come from and what drives their visit (i.e., hotels, events, parks, attractions). Geolocation data can also provide valuable insights on whether visitors stay overnight and if so, how long they stay. Collected data provides the opportunities to retarget those visitors to return to Renton. The project will use the data collected through geolocation to create a targeted marketing campaign that resonates with an audience already engaged and illustrating a high likelihood of returning to the area and sharing their experience within their networks. A marketing campaign based on data collected through geolocation technology has the ability to create targeted promotions of events that resonate with an audience outside the state. A geolocation marketing campaign campaign will include developing a targeted audience of potential visitors from 50+ miles outside of Renton and outside of Washington state using geolocation visitation habits, serving them ads and then tracking attribution (of those who saw the ad, how many visited Renton; and how many stayed overnight in a Renton lodging property.) Ad campaigns will leverage multi-cultural events and celebrations of song, dance, food and music from the rich communities that have earned Renton the designation as one of the most ethnically diverse cities in the United States. Scope of work The project will target an audience outside of Washington state with digital ads that highlight Renton as a destination for cultural travelers. Ads will focus on top visitor drivers, which may include foodies, art lovers, outdoor adventurers and guests to the Puget Sound region looking for a convenient location close to SEA International Airport and only minutes from Seattle. After geofencing the Renton area and reviewing data back to 2018, an ad focus will be determined to best maximize ad spend. AGENDA ITEM #6. b) Agreement – 2022 Tourism Marketing Support Program Contract No. S-00321072 Page 11 of 15 The project scope includes the following activities: • Geofence all Renton hotels, downtown attractions, high-visitation/event areas (parks and outdoor spaces), the city of Renton itself and SEA International Airport • Develop a geolocation-based marketing campaign using collected data (may be for an event or brand campaign) • Target those who’ve visited in the past 3 years, encourage them to stay overnight • Create campaign concepts (2 options) • Refine chosen concept (include Port of Seattle logo) • Design digial geolocation ad (6 sizes/formats) and campaign landing page; include Port of Seattle logo • Coordinate with Port of Seattle for review and approval of Port logo placement • Using the geolocation platform, deliver digital ads to reach a targeted audience of potential visitors from 50+ miles outside of Renton and outside of Washington state using geolocation behaviors • Combine geolocation data with geolocation digital marketing results to track Renton visitor demographics including where visitors came from and advertising attribution (of those who saw the ad, how many visited Renton; and how many stayed overnight in a Renton lodging property) Geolocation data provides insights that make marketing campaigns more effective. Knowing the states visitors came from, where they have stayed and what they did helps us reach people most likely to fly to SEA International Airport and explore Renton and beyond. With its proximity to the airport, Renton is a natural basecamp for visitors who want to experience Western Washington’s diverse cultures, history and outdoor adventures. The geolocation marketing campaign will deliver information to visitors about Renton’s proximity to SEA International Airport through a campaign landing page on VisitRenton.com and all the activities available once they arrive. Visitors will see itineraries for attractions, restaurant suggestions, waterfront activities and things to do before or after their flight or cruise out of Seattle by clicking through to read content on the website that interests them. Visitors will spend more time—and more vacation dollars—when they’re aware of the many activities here that match their interests. Collaboration In 1997, the City of Renton, in conjunction with the Greater Renton Chamber of Commerce, Renton Technical College, UW Medicine/Valley Medical Center and the AGENDA ITEM #6. b) Agreement – 2022 Tourism Marketing Support Program Contract No. S-00321072 Page 12 of 15 Renton School District, launched the Renton Community Marketing Campaign. The mission is to collectively market the Renton community to recruit quality companies and diversify Renton's employment base. The five partners continue to work together in these efforts. For the geolocation project, the Campaign will collaborate with JayRay Ads & PR for strategic planning, creative development, implementation and evaluation services. 2. Metrics/Measurable Outcomes The Campaign partners will work closely with JayRay to monitor the following metrics throughout the course of the year to determine the efficacy of the campaign and adjust as necessary to support noticeable activity in the following categories: • Total visitor days (in-state and out-of-state) • Total trips (day trips and overnights) and average length of stay • Top visitor markets • Top visitor points of interest • Top visitor events (tentative) • Top points of interest (Renton hotels, downtown, parks/outdoor spaces, attractions…) • Average length of stay • Most popular days to visit (weekday vs. weekend) • Identify opportunities in previously inaccessible niches, such as cultural events, outdoor spaces, etc. 3. Timeline April-June: Establish geolocation sites • Identify and select specific locations (points of interest) for geofencing • Create a virtual “fence” around each selected location, as well as the city of Renton and SEA International Airport • Complete by June 30 July-September: Create geolocation marketing campaign • Analyze collected geolocation data • Develop a geolocation marketing campaign based on the data, strategically designed to attract people most likely to visit overnight AGENDA ITEM #6. b) Agreement – 2022 Tourism Marketing Support Program Contract No. S-00321072 Page 13 of 15 • Design ad in July; run ad August to September • Monitor campaign metrics and results monthly to identify audience engagement and website traffic (note: geolocation data has a two-week lag) • Adjust campaign as needed October-November: Analyze and report • Review data (need at least 30 days after ads end to track visitation behavior, account for travel planning and booking window) • Submit final report and invoice to the Port by December 1, 2022 4. Port Approval and Use of Port logo a. All projects must identify the Port of Seattle (POS) as a partner or sponsor via use of the Port logo. Prior to advertising execution or implementation, POS requires a review/approval of the proposed placement and schedule of the POS logo on advertising, promotion materials, booth displays, online, digital, or printed materials. b. POS may request periodic project updates from its co-operative partner. 5. Payment by the Parties a. Port shall contribute $10,000 to the total cost of the expenses incurred by the Vendor. b. Vendor shall contribute a minimum of $5,000 matched funds of which no more than 25% shall be identified as management oversight and administration of the project. If your stated match fund amount is more than 50% of Port awarded funds, you will be held accountable for the higher stated match fund amount and will need to provide documentation for the higher stated match fund amount, as well as for all Port awarded funds. 6. Port awarded funds and Match funds: 2 to 1 Ratio Required. Please complete and refer to the following listed contract fund allocation, since you’ll be required to provide documentation for all actual Port awarded fund expenditures and actual match fund expenditures in your final report. AGENDA ITEM #6. b) Agreement – 2022 Tourism Marketing Support Program Contract No. S-00321072 Page 14 of 15 Description: Port of Seattle Funds: Matching Funds: Total Funds: Tourism Geofencing Campaign $10,000 $10,000 $20,000 TOTAL FUNDS $10,000 $10,000 $20,000 Any funds obtained from the Port for tourism activities are to be used specifically, once approved, for projects which are detailed in the Scope of Work. The focus of the Scope of Work should be aligned with increasing the number of out-of-state visitors (and/or increasing out-of-state visitor expenditures within WA State) who will use Port facilities; SEA International Airport, cruise terminals and/or recreational marinas. 7. Invoicing and Reporting Initial request for 50% of Port awarded funds: a. If requested, the Port of Seattle (POS) may authorize up to 50% of the POS awarded funds in advance of the event or promotional activity, pending receipt, review, and approval of valid documentation that clearly confirms project initiation commitment. Valid documentation includes a report summary of project scope of work completed in addition to third party fully signed agreements and/or third party paid invoices. b. Do you plan to submit an invoice together with valid supporting documentation that confirms project initiation commitment, once the agreement is executed, for up to 50% of POS awarded funds? Yes ☐ No ☒ Final Report Requirements: a. Upon project completion, a final report, including a summary of the scope of work, detailed metrics, and outcomes achieved, as well as all supporting paid invoice expenditures for both actual Port and match fund amounts are required. b. All final invoice expenditures must be listed as either Port funds or match funds as a 2:1 ratio (for every $2.00 Port funds, a $1.00 match fund is required). c. The final report must be submitted to POS on/before the due date for review and approval. Upon approval of the final report and supporting documentation, AGENDA ITEM #6. b) Agreement – 2022 Tourism Marketing Support Program Contract No. S-00321072 Page 15 of 15 the awarded organization may invoice the Port for the final report approved Port awarded fund amount. Final Report Due Date: December 1, 2022 8. Miscellaneous No Port funds can be used to underwrite general or capital expenses associated with a tourism event or program already in progress. AGENDA ITEM #6. b) AB - 3115 City Council Regular Meeting - 02 May 2022 SUBJECT/TITLE: 2022 Parks and Recreation Combined Fee Waiver Requests RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Parks & Recreation Department STAFF CONTACT: Roberta Graver, Administrative Assistant EXT.: x6604 FISCAL IMPACT SUMMARY: Total amount of event or usage fees to be waived equals $ 20,675.00 as identified in the breakdown below. SUMMARY OF ACTION: The City of Renton provides numerous opportunities to engage in the community, its culture, and its citizens through single, seasonal, and reoccurring programs and events. Fee waivers are provided to groups who provide these opportunities, who may not be able to put them on with the added burden of these logistical parking, rental, usage, and permit fees. This request is a compilation of six Parks and Recreation fee waiver requests, totaling $20,675.00. The breakdown is as follows: 1. Farmer’s Market (Tuesdays, July 5–September 27, 2022 - 13 dates): 150 parking passes in the City Center Parking Garage for staff/volunteers/vendors; from noon to 8:00 pm. Total fee waiver of parking fees for 150 passes x 13 weeks at $6 each totaling $11,700.00. 2. Renton River Days event planning requests the City Center Parking Garage be open and free of charge for all public use on July 22 and 23, 2022. Total fee waiver of parking fees for 250 parking passes for two, 6+ hours days, totaling $2,400.00. 3. Renton Park Run (Every Saturday morning January 1-December 31, 2022) is a weekly, free 5k run/walk parkrun event along Cedar River Trail from the Renton Community Center eastward, requests the $85.00 Special Event application fee be waived. 4. Summer Search Seattle is putting on “Dream See Do Day”, a family-oriented event at Gene Coulon Memorial Park. Total event fee waiver request of $405.00. 5. Centro Rendu of St. Vincent de Paul is holding a Children’s Day community event at 2720 NE 7th St , Renton, in partnership with the City of Renton , requests the Special Event application fee of $85 be waived. 6. Renton, Lindbergh, Hazen, and Liberty High School Golf Teams (April 22, 2022 through November 1, 2022) uses the Maplewood Golf Course for practice and matches, utilizing driving range balls and green fees. Total golf course fee waiver request of $6,000.00. EXHIBITS: AGENDA ITEM #6. c) A. 2022 Farmers Market Waiver Request B. 2022 Renton River Days Fee Waiver Request C. 2022 ParkRun Fee Waiver Request D. 2022 Summer Search Seattle Fee Waiver Request E. 2022 Centro Rendu Fee Waiver Request F. 2022 MWGC High School Fee Waiver Request STAFF RECOMMENDATION: Approve the requested combined fee waivers of $20,675.00 for park, shelte r rental, parking garage pass, permit, and usage fees for community events in 2022. AGENDA ITEM #6. c) CITY OF RENTON PARKS AND RECREATION DEPARTMENT FEE WAIVER OR REDUCTION REQUEST Fee waiver and/or reduction requests will be submitted for approval to the City Council via the Finance Committee. Request date: Name of group: Group contact/number: Address (Street, State, Zip): Email address: Date of event: Number in party: Location/Address: Type of event: Staff contact/number: What is the total cost of the rental and applicable fees? What is the cost of the fee waiver or reduction requested? Describe event and explain why a reduction or waive of fees will benefit our Renton citizens: AGENDA ITEM #6. c) CITY OF RENTON PARKS AND RECREATION DEPARTMENT FEE WAIVER OR REDUCTION REQUEST Fee waiver and/or reduction requests will be submitted for approval to the City Council via the Finance Committee. Request date: Name of group: Group contact/number: Address (Street, State, Zip): Email address: Date of event: Number in party: Location/Address: Type of event: Staff contact/number: What is the total cost of the rental and applicable fees? What is the cost of the fee waiver or reduction requested? Describe event and explain why a reduction or waive of fees will benefit our Renton citizens: AGENDA ITEM #6. c) .0CITY OF RENTON COMMUNITY SERVICES DEPARTMENT FEE WAIVER OR REDUCTION REQUEST Fee Waiver and/or Reduction requests will be submitted for approval to the City Council via the Finance Committee. Request Date: 02/04/2022   Name of Group:  Renton parkrun (parkrun USA)    Group Contact Person:  Karen Gates   Contact Number: 206-459-7833    Address (Street, State, Zip):  18206 152nd Ave SE Renton WA 98058   Email Address:  renton@parkrun.com    Date of Event:  Every Saturday (9 am)    Number in Party:  On average, 30-50 with room to grow    Location Name/Address:  Cedar River Trail (starting and ending under 405 overpass)    Type of Event:  5K run/walk    Staff Contact Name/Telephone:  Karen Gates   What is the total cost of the rental and applicable fees?  $85    What is the cost of the fee waiver or reduction requested? $85 in perpetuity    Describe event and explain why a reduction or waiver of fees will benefit the Renton citizens: We would like to request that the $85 fee be waived in perpetuity. Renton parkrun intends to continue year-round and a one-time waiver of fees by Renton City Council in perpetuity would prevent the annual request process. Renton parkrun is a community event managed completely by volunteers that encourages physical activity and connection with others. It is a part of parkrun USA, a non-profit organization. A requirement to host a local parkrun event is obtaining landowner permission without an associated cost to the organization. This allows parkrun to be free for all participants for all time. Our participants range in age from 4 to mid-80s with times ranging from just under 17 minutes to well over an hour. We attract families, individuals seeking connection with others in the community, walkers, joggers, and elite runners. There’s a place for everyone and it ’s a welcoming, safe environment where everyone feels welcome and valued no matter what their ability and pace. This regular opportunity for physical activity and the use of a local trail system C:\Users\jmerriman\Desktop\FarmersMarketPkg2014.doc AGENDA ITEM #6. c) is a great addition to the city-run programs that exist, but without the investment of staff time or oversight on a weekly basis. C:\Users\jmerriman\Desktop\FarmersMarketPkg2014.doc AGENDA ITEM #6. c) CITY OF RENTON COMMUNITY SERVICES DEPARTMENT FEE WAIVER OR REDUCTION REQUEST Fee waiver and/or reduction requests will be submitted for approval to the City Council via the Finance Committee. Request date: Name of group: Group contact/number: Address (Street, State, Zip): Email address: Date of event: Number in party: Location/Address: Type of event: Staff contact/number: What is the total cost of the rental and applicable fees? What is the cost of the fee waiver or reduction requested? Describe event and explain why a reduction or waive of fees will benefit our Renton citizens: AGENDA ITEM #6. c) CITY OF RENTON COMMUNITY SERVICES DEPARTMENT FEE WAIVER OR REDUCTION REQUEST Fee waiver and/or reduction requests will be submitted for approval to the City Council via the Finance Committee. Request date: Name of group: Group contact/number: Address (Street, State, Zip): Email address: Date of event: Number in party: Location/Address: Type of event: Staff contact/number: What is the total cost of the rental and applicable fees? What is the cost of the fee waiver or reduction requested? Describe event and explain why a reduction or waive of fees will benefit our Renton citizens: AGENDA ITEM #6. c) CITY OF RENTON COMMUNITY SERVICES DEPARTMENT FEE WAIVER OR REDUCTION REQUEST Fee Waiver and/or Reduction requests will be submitted for approval to the City Council via the Finance Committee. Request Date: 4/20/2022 Name of Group: Renton, Lindbergh, Hazen and Liberty High School Golf Teams Group Contact Person: John Kinsley (Liberty), Talia Walton (RSD) Contact Number: (Liberty) 425-437-4807 ; (RSD) 425-204-2385 Address (Street, State, Zip): Liberty High - 16655 SE 136th Street Renton, WA 98059 Renton School District - 300 SW 7th Street, Renton, WA 98057 Email Address: ZelinskiD@issaquah.wednet.edu ; talia.walton@rentonschools.us Date of Event: April 22, 2022 through November 1, 2022 Number in Party: 48 Location Name/Address: Maplewood Golf Course / 4050 Maple Valley Hwy, Renton, WA 98058 Type of Event: High School Golf Teams - driving range balls and green fees for matches Staff Contact Name/Telephone: Steve Meyers / 425-430-6803 What is the total cost of the rental and applicable fees? $6,000 What is the cost of the fee waiver or reduction requested? $6,000 Describe event and explain why a reduction or waiver of fees will benefit the Renton citizens : To promote golf in the Renton/Issaquah school districts and continue the relationship between high schools and the Parks and Recreation Dept. ( Community Services Dept.) ie. inter-local agreement through the Recreation Division. In addition, golf course staff coordinate community service invovlement with approved teams to assist the golf course with repairing divots, picking up garage, and sanding the seeding of fairways and tee boxes. AGENDA ITEM #6. c) AB - 3117 City Council Regular Meeting - 02 May 2022 SUBJECT/TITLE: Close Out to CAG-21-184 with RCNW for the 2021 Runway PCC Panel Repair Project RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Public Works Airport STAFF CONTACT: William Adams, Civil Engineer III EXT.: 7473 FISCAL IMPACT SUMMARY: The fiscal impact of close out to CAG-21-184 with RCNW for the 2021 Runway PCC Panel Repair Project is $47,201.97. The full cost of this closeout will be funded by the Airport 422.725103 account. SUMMARY OF ACTION: The 2021 Runway PCC Panel Repair Project consisted of removing damaged concrete panels at the south end of the runway and pouring new ones in their place. The project has been completed per the contract. The City has received notification that the State D epartment of Labor and Industries has provided a release certificate for the contractor and City is now authorized to close out this project. EXHIBITS: A. Pay Estimate No. 2 B. Final Contract Voucher Certificate C. Certification for Release of Contract Bond & Retainage Bond D. Notice of Completion of Public Works Contract E. Affidavit of Wages Paid STAFF RECOMMENDATION: Authorize the Mayor to execute Close out of CAG-21-184 with Road Construction Northwest, Inc. for $47,201.97 for the 2021 Runway PCC Panel Repair Project. AGENDA ITEM #6. d) TO:FINANCE DIRECTOR FROM:AIRPORT DIRECTOR CONTRACTOR:RCNW CONTRACT NO.CAG-21-184 ESTIMATE NO.2 PROJECT:2021 RUNWAY PCC PANEL REPAIR DATE:April 14, 2022 1.CONTRACTOR EARNINGS THIS ESTIMATE $42,871.91 2.SALES TAX @ 10.1%$4,330.06 3.TOTAL CONTRACT AMOUNT THIS ESTIMATE $47,201.97 4.EARNINGS PREVIOUSLY PAID CONTRACTOR $448,895.94 5. *EARNINGS DUE CONTRACTOR THIS ESTIMATE $42,871.91 6.SUBTOTAL - CONTRACTOR PAYMENTS $491,767.85 7.RETAINAGE ON PREVIOUS EARNINGS $0.00 8. **RETAINAGE ON EARNINGS THIS ESTIMATE $0.00 9.SUBTOTAL - RETAINAGE $0.00 RETAINAGE IS HELD IN A RETAINAGE BOND 10.SALES TAX PREVIOUSLY PAID $45,338.49 11.SALES TAX DUE THIS ESTIMATE $4,330.06 12.SUBTOTAL - SALES TAX $49,668.55 *(50%xLINE1) **(RETAINAGE: GRAND TOTAL:$541,436.40 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT 422.725103.015.594.46.63.000 $47,201.97 $47,201.97 RETAINED AMOUNT (Line 8): ACCOUNT $0.00 TOTAL THIS ESTIMATE:$47,201.97 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 SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM SIGNED: AGENDA ITEM #6. d) Contractor '' Road Construction Northwest,Inc City 'State Zip Date City Contract Number City Project Number Federal-AidNumber(ifapplicable) Date Work PhysicallyComplete Final 11/16/2021 $541 ,436. 40CONTRACTOR’SCE RT IFI CA TI ON INALCONTRACTVOUCH R CERT FICATE Street Address PO Box 2228 Contract Title 2021 Runway PCC Panel Repair Project I,The undersigned,having first been duly sworn,certify that I am authorized to sign for the claimant;that in connection with the work performed and to the best of my knowledge no loan,gratuity or gift in any form whatsoever has been extended to any emp oyee of the City of Renton nor have I rented or purchased any equipment or materials from any employee of the City of Renton;I further certify that the attached final estimate is a true and correct statement showing all the monies due me from the City of Renton for work performed and material furnished under this contract;that l have carefully examined said ?nal estimate and understand the same and that I release the City of Renton from any and all claims of whatsoever nature which i may have,arising out of the performance of said contract,which are not set forth in said estimate. \ Contractor Authorized Signature (Required) Jeff Kanyer -President Printed Signature Name Subscribed and sworn to before me this day of 0 2 Notary Public in and for the State of W35hl"9( Renionresidingat inal estimate to be based upon actual measurements,a d to be true and correct. Publi c Admin istrator DateofCounc'|Acceptance Contra ctor’: clai ms ianmustbeincludedandtheContractor’sCerticationmustbelabeledindicatlnaclaimisattached PublicWorksDept,SectionManagerApprovedDate The City of Ren ton her eby acceptsthecompletedcontract,pursuanttoSection1-05.12oftheContractProvisions C I T Y OFRENT ON CERTIFICATIO NC I T Y OFRENT ON ACCEPTANCE Pr oj ec t Mana ger Signature I,theattached1°AGENDA ITEM #6. d) Armondo Pav oneMa yor Acco unts Paya bleFinan ce Department Admi nistra tive ServicesDivision Certification for Release of Contract Retainage CAG#Project Title 21-184 2021 RUNWAY PCC PANEL REPAIR PROJECT I hereby certify,as Project Manager representing the City of Renton,that: 1.All work required by the above cited contract wascompleted on:Date 11/16 /21 2.Acceptance by the City Council was granted on:Date 9/9/ 21 If City Council acceptance is not required (less than $150,000)see acceptance by Mayor De par tme nt Head below.(Reference ) 3.No liens have been received within 30 days of completion date from any persons,subcontractors o r men, who have performed or provided any work or material on subject contract 4.Allintents to Pay Prevailing Wages and all Affidavits of Wages Paid (including all subcontractors)hav e b e e n verified and copies have been forwarded to Finance.(see attached) DateE MayorLevelAcceptance osterbetween$35000$150,000) radebetween$40,000$150,000) /Tradebetween$65000$150,000) DepartmentHeadLevelAcceptance (SmallWorksRosterunder$35,000) (SingleCraft/Tradeunder$40,000) (MultipleCraft/Tradeunder$65000) Manage r Willi am Ad am s PE R e nt o n PolicandProcedure25002 (Small R Single (Multiple AGENDA ITEM #6. d) Revised # Assigned to: UBI Number: Yes No Yes Telephone # Bond Number: If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. Date Work Commenced Date Work Completed Contractor Address Date Contract Awarded Retainage Bond Contract/Payment bond (valid for federally funded transportation projects) Name: Department Use Only Original NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Project Name Date Assigned: Job Order Contracting Federally funded transportation project? Contractor's Name Description of Work Done/Include Jobsite Address(es) Affidavit ID* No (if yes, provide Contract Bond Statement below) Name & Mailing Address of Public Agency E-mail Address Contract Number Notice is hereby given relative to the completion of contract or project described below Date:Contractor's UBI Number: Date Work Accepted Were Subcontracters used on this project? If so, please complete Addendum A.       Yes No $ $$ $$ $$ % $ $$ Contact Name:Title: Affidavit ID* - No L&I release will be granted until all affidavits are listed. Amount Disbursed p Sales Tax Rate Contract Amount NOTE: These two totals must be equal TOTAL Comments: Sales Tax Amount Reductions ( - ) Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. TOTAL Liquidated Damages Email Address: Phone Number: p Sub-Total Additions ( + ) Amount Retained (If various rates apply, please send a breakdown) Contract Release (855) 545-8163, option # 4 ContractRelease@LNI.WA.GOV Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 902-9450 publicworks@esd.wa.gov Department of Revenue Public Works Section (360) 704-5650 PWC@dor.wa.gov F215-038-000 10-2014REV 31 0020e (10/26/15) p@g AGENDA ITEM #6. d) Subcontractor's Name:UBI Number: (Required)Affidavit ID* Addendum A: Please List all Subcontractors and Sub-tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15)F215-038-000 10-2014 AGENDA ITEM #6. d) Project Information Project Name:2021 Runway PCC Panel Repair Project Description:Panel Repair Job Site Address/Directions: Prime Contractor Name:R C N W Prime Contractor Registration Number:RCNW*CN978L6 Contract Number:CAG-21-184 Prime Contractor Phone Number:425-254-9999 Project Dollar Amount:$407,260.00 Contract Type Description:Bid-Build (Traditional) Bid Due Date:8/23/2021 Contract Award Date:8/24/2021 Awarding Agency:RENTON, CITY OF 1055 S GRADY WAY RENTON, WA - 98055 Awarding Agency Contact:William Adams Awarding Agency Contact Phone Number:425-430-6510 Apprentice Utilization Required:No OMWBE Utilization Required:No Is this a Housing Act of 1937 project?No Bond Waived?No Retainage Waived?No Federally Funded Project?No Intents/Affidavits Filed For Project Intent Id Company Name UBI Contrctor Reg#Account Id Intent File Date Affidavit Id Affidavit File Date 1182111 MCCANN TRUCKING & EXCAVATING 602286020 MCCANTE979K3 05271502 9/30/2021 1103042 3/22/2022 1182956 OLSON BROTHERS PRO-VAC LLC 602170975 OLSONBP985J2 56550201 10/5/2021 1097454 2/28/2022 1181045 R C N W 602286010 RCNW*CN978L6 05271501 9/27/2021 1103037 3/22/2022 1182417 SALINAS CONSTRUCTION, INC 600316188 SALINI*217QG 37565400 10/1/2021 1094798 2/16/2022 1182398 SALINAS SAWING & SEALING INC 601717158 SALINSS044LO 03325400 10/1/2021 1098676 3/4/2022 1185414 SALINAS SAWING & SEALING INC 601717158 SALINSS044LO 03325400 10/14/2021 1094795 2/16/2022 Contractor/Sub Contractor On Project The information shown below is as of today’s date and based on the UBI supplied on intents for this project. Select the contractor to view additional information about their status with L&I. Company Name UBI Contrctor Reg#Account Id License Status Account Status Is Debarred MCCANN TRUCKING & EXCAVATING 602286020 MCCANTE979K3 05271502 Active Active No OLSON BROTHERS PRO-VAC LLC 602170975 OLSONBP985J2 56550201 Active Active No R C N W 602286010 RCNW*CN978L6 05271501 Active Active No SALINAS CONSTRUCTION, INC 600316188 SALINI*217QG 37565400 Active Active No SALINAS SAWING & SEALING INC 601717158 SALINSS044LO 03325400 Active Active No L&I’s Status of Release on this Project There is no status of release for this project Back  (https://lni.wa.gov) AGENDA ITEM #6. d) AB - 3116 City Council Regular Meeting - 02 May 2022 SUBJECT/TITLE: Authorization to Purchase Fleet Vehicle RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Maintenance Services STAFF CONTACT: Ron Kahler, Fleet Manager EXT.: 2600 FISCAL IMPACT SUMMARY: The total cost of the vehicle is $288,300.77 and the total amount of replacement reserve accumulated for these vehicles is $270,788.60. The Shortage of $17,512.17 will be covered by the surface water fund. Staff request approval to purchase the vehicle and additional budget appropriation of $288,300.77. The additional appropriation will be included on the Q2 2022 budget adjustment. SUMMARY OF ACTION: The Public Works Fleet Section has obtained a quote for the purchase of one vehicle for the Surface Water Department. The requested purchases will replace existing vehicles B170 . Electric or Hybrid options are not available. The purchases will be in addition to those outlined in the 2021-2022 budget. Since initially purchased, this vehicle has been troublesome, the vehicle power hybrid system has been repaired many times and is no longer supported by the manufacturer. Recently the vehicle exhibited safety problems while operating on public roadways. The vehicle needs costly repairs that may not result in a satisfactory running vehicle. The vehicle was scheduled to be in the 2023-2024 501 Equipment Rental Vehicle Acquisition and Replacement Schedule. Based on the age of the vehicle, the cost of repairs, and the ongoing viability of this equipment, it is in the best interest of the City to replace this vehicle 1 year earlier than anticipated. Existing Vehicle Year Purchased Replacement Make & Model Replacement Cost Vendor & State Contract Bid Number B170 2012 30,292 Mi Ford F550 $288,300.77 Cues HGAC SC01-21 TOTAL $288,300.77 EXHIBITS: A. Cues Quote Huston Galveston Area Council SC01-21 STAFF RECOMMENDATION: Authorize the purchase of one Surface water department vehicle totaling 288,300.77. The Vehicle will be purchased from Cues Manufactory using Houston Galveston Area Council Contract SC01-21 AGENDA ITEM #6. e) March 28, 2022 Renton, City of Rocky Sittner 3555 NE 2nd Street Renton, Washington 98056 RE: Storm van Dear Rocky, Here is the pricing you requested for replacement of your storm van. Please see attached component list for greater detail. In summary, the system includes: 2019 Cues CCTV van - Storm •Ford F550 diesel chassis with 16’ box •Power boom crane with LED lighting package •Chassis back up camera •SEE folding bumper •Transporter storage drawer with washing grate in kick plate •Tool drawers in kick plate •Workbench over reel •Arrow boards •Roof mount AC •Evolution 3 interior package – REVERSE LAYOUT •Closet and bench storage seat in control room •Side door with folding steps – passenger side •Wash down system – 30 gallon •Upper and lower cabinets in equipment room •5 drawer Moduline tool chest •Tool hangers and MH grate roller storage compartment •Aluminum lined base cabinet •32” flat panel rear monitor •7.5 KW Onan commercial generator •OZ3 LED camera •Compact Pipe Ranger(CPR) •CPR wheels sets for 6”, 8”-10-15” •CPR rear viewing camera •Power lift for CPR •Truck mount reel with pull out drip tray and 1,000’ cable •Auto payout feature for reel •Summit wireless electronics package •Gnet hardware •Transfer existing Gnet license to new van •Roller kit •Delivery •2 days training AGENDA ITEM #6. e) HGAC SC01-21 Price $261,142 + WA sales tax 10.4% $27,158.77 Total $288,300.77 FOB: Destination Terms: Net 30 (municipality) Delivery: 90 – 120 days ARO Quote valid for 45 days Let me know if you have any questions. Sincerely, Gillian Wilson Cues NW Territory Manager AGENDA ITEM #6. e) AB - 3118 City Council Regular Meeting - 02 May 2022 SUBJECT/TITLE: Professional Services Agreement with Moore Iacofanco Goltsman (MIG), Inc. for Preliminary and Final Design Services for the Renton Connector Project RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Public Works Transportation Systems Division STAFF CONTACT: Bob Hanson, Transportation Design Manager EXT.: 7223 FISCAL IMPACT SUMMARY: This professional services agreement for preliminary and final design services with MIG, Inc. totals $1,244,283.67. The Renton Connector Project design budget for 2022 is $1,742,910.96, of which $1,500,000 is a Federal Highway Administration (FHWA) grant. SUMMARY OF ACTION: The Renton Connector Project will design a continuous non -motorized facility along Burnett Avenue S between S 2nd Street and S 5th Street via separated walkways, protected bicycle lanes (cycle track), and a shared-use path. This project will also include landscaped medians, reconfigured public parking areas, curb ramp upgrades to ADA standards, and traffic signalization improvements. The purpose of the Renton Connector Project is to create a signature north-south non-motorized connection in the downtown core via a corridor for pedestrians and cyclists between the Cedar River and the South Renton Transit Center via S 7th Street. This becomes an essential link that connects to the Cedar River Trail, Lake to Sound Trail, Lake Washington Loop Trail, and the Eastside Rail Corridor. This professional services agreement retains the services of MIG, Inc. for preliminary and final design services for the project. During preliminary design, the consultant will perform project management, document review, survey and base-mapping, evaluate traffic and parking operations, perform geotechnical investigation and preliminary stormwater analysis, design transportation and urban features to a 10% design report, perform public outreach, and evaluate Greenroads Certificati on requirements. During final design, the consultant will complete stormwater and ADA documentation, assist in submittal of the Project Prospectus to the Washington State Department of Transportation, facilitate a constructability review, conduct project management, conduct public outreach, support the City in permitting, support the City in preparation of right-of-way documentation, support Greenroads certification and develop 50%, 100%, and Bid Set plans, specifications, and estimate. This agreement al lows for retention of the consultant for construction management services during construction under a future contract supplement. The duration of this contract and work effort is estimated to be 18-24 months. EXHIBITS: A. Agreement AGENDA ITEM #6. f) STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute a professional services agreement with MIG, Inc. to provide preliminary and final design services totaling $1,244,283.67 for the Renton Connector Project. AGENDA ITEM #6. f) Page 1 of 14 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: Does this Require DES filing? Yes No Firm/Organization Legal Name (do not use dba’s): Address Federal Aid Number UBI Number Federal TIN Execution Date Completion Date 1099 Form Required Yes No Federal Participation Yes No Project Title Description of Work Yes % No DBE Participation Yes % No MBE Participation Yes % No WBE Participation Yes % No SBE Participation Maximum Amount Payable: Index of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Scope of Work DBE Participation Preparation and Delivery of Electronic Engineering and Other Data Prime Consultant Cost Computations Sub-consultant Cost Computations Title VI Assurances Certification Documents Liability Insurance Increase Alleged Consultant Design Error Procedures Consultant Claim Procedures Agreement Number: AGENDA ITEM #6. f) Page 2 of 14 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this AGREEMENT, between the , hereinafter called the “AGENCY,” and the “Firm/Organization Name” referenced on page one (1) of this AGREEMENT, hereinafter called the “CONSULTANT.” WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1) of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply 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 SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II.Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A” attached hereto and by this reference made a part of this AGREEMENT. The Scope of Work was developed utilizing performance based contracting methodologies. 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 State, Federal, 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 meetings 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 the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: AGENDA ITEM #6. f) Page 3 of 14 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26 shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE firms maximum practicable opportunities. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. Non-minority, woman owned DBEs does not count towards UDBE goal attainment. 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 “C – Preparation and Delivery of Electronic Engineering and other Data.” 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 these SERVICES, 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 SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: Name: Agency: Address: City: State: Zip: Email: Phone: Facsimile: If to CONSULTANT: Name: Agency: Address: City: State: Zip: Email: Phone: Facsimile: 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. This AGREEMENT may require filing with the Department of Enterprise Services (DES) pursuant to RCW 39.26.140. If such approval is required by DES, this AGREEMENT shall not bind the AGENCY until approved by DES. If the AGREEMENT must be approved by DES, work cannot begin, nor payment made until ten (10) or more working days following the date of filing, and until approved by DES. Any subsequent SUPPLEMENTAL AGREEMENT may also be subject to filing and/or approval from DES. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled “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, 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.Agreement Number: AGENDA ITEM #6. f) Page 4 of 14 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 V.Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). 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 reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E”, will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12) month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgement between the parties. Such final written acknowledgement shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will be applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rates under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgement. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. Agreement Number: AGENDA ITEM #6. f) Page 5 of 14 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 B. Direct Non-Salary Costs: Direct Non-Salary 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. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’S Accounting Manual M 13- 82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for direct non-salary costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. C. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. The monthly billings shall be supported by detailed statements for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and billings for all direct non- salary expenses. To provide a means of verifying the billed 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 SERVICES at the time of the interview. E. 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 SERVICES under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, 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 thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per the WSDOT’s “Audit Guide for Consultants,” Chapter 23 “Resolution Procedures,” the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings. F. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT’s Internal Audit Office and /or at the request of the AGENCY’s Project Manager. Agreement Number: AGENDA ITEM #6. f) Page 6 of 14 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 VI.Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each Task Order unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE’s Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII.Employment and Organizational Conflict of Interest 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 this 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 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 this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: AGENDA ITEM #6. f) Page 7 of 14 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 VIII.Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d-4a) • Federal-aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 •49 CFR Part 26 • 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 “F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” 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 with or without cause 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 for actual hours charged at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES 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 in paragraph two (2) of this section, 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. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE 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 SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES 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 in paragraph two (2) of this section. 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 its employee’s fault 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. Agreement Number: AGENDA ITEM #6. f) Page 8 of 14 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES 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 SERVICES 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 completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES 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 XIII “Extra Work.” XI.Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days 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 decision, that decision shall be subject to 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”. In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this 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 have the right of 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. XII.Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE), the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT Agreement Number: AGENDA ITEM #6. f) Page 9 of 14 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and/or the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or the AGENCY, its agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, its agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE’s and/or the AGENCY’s, their agents’, officers’ and employees’ failure to comply with specific written instructions regarding use provided to STATE and/or the AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own employees or its agents against the STATE and/or 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. This waiver has been mutually negotiated by the Parties. Unless otherwise specified in this 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 CONSULT ANT 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 this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Agreement Number: AGENDA ITEM #6. f) Page 10 of 14 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Insurance Coverage A. Worker’s compensation and employer’s liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this 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: Name: Agency: Address: City: State: Zip: Email: Phone: Facsimile: 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, including that which may arise in reference to section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional liability to third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. Agreement Number: AGENDA ITEM #6. f) Page 11 of 14 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 XIII.Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in 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 SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this 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 this 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 this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI “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. XIV.Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV.Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the AGENCY Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY, Exhibit “G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in AGREEMENT’s over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENT’s over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General Requirements” prior to its performance of any SERVICES under this AGREEMENT. XVII.Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. 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 a supplement to this AGREEMENT. Agreement Number: AGENDA ITEM #6. f) Page 12 of 14 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 XVIII.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 AGREEMENT’s contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information” includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver’s license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State’s Confidential Information in strictest confidence and not to make use of the State’s Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY’s express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State’s Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY’s option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Confidential Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State’s Confidential Information was received; who received, maintained and used the State’s Confidential Information; and the final disposition of the State’s Confidential Information. The CONSULTANT’s records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State’s Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as “Confidential” and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Agreement Number: AGENDA ITEM #6. f) Page 13 of 14 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such confidential or proprietary material is developed. “Proprietary and/or confidential information” is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii)is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY’s said disclosure of sub-consultants’ information. XIX.Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents” pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, “documents” means every writing or record of every type and description, including electronically stored information (“ESI”), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT ‘s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. Agreement Number: AGENDA ITEM #6. f) Page 14 of 14 Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. “Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. 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. Signature Date Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: AGENDA ITEM #6. f) Exhibit A - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Page 1 of 1 Exhibit A Scope of Work Project No. Agreement Number: AGENDA ITEM #6. f) Exhibit B - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Exhibit B DBE Participation Plan Agreement Number: AGENDA ITEM #6. f) Exhibit C - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files Agreement Number: AGENDA ITEM #6. f) Exhibit C - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Page 2 of 4 D. Specify the Agency’s Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided Agreement Number: AGENDA ITEM #6. f) Exhibit C - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Page 3 of 4 II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data AGENDA ITEM #6. f) Exhibit C - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Page 4 of 4 A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format AGENDA ITEM #6. f) Exhibit D - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Page 1 of 1 Exhibit D Prime Consultant Cost Computations Agreement Number: AGENDA ITEM #6. f) Exhibit E - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Page 1 of 1 Exhibit E Sub-consultant Cost Computations There isn’t any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI “Sub-Contracting” of this AGREEMENT. Agreement Number: AGENDA ITEM #6. f) Agreement Number ____________ Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Exhibit F - Title VI Assurances Appendix A & E APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. [Include Modal Operating Administration specific program requirements.] 3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include Modal Operating Administration specific program requirements.] 4.Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information. 5.Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal Operating Administration) may determine to be appropriate, including, but not limited to: a.withholding payments to the contractor under the contract until the contractor complies; and/or b.cancelling, terminating, or suspending a contract, in whole or in part. 6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. AGENDA ITEM #6. f) Agreement Number ____________ Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Exhibit F - Title VI Assurances Appendix A & E APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: •Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. •The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); •Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); •Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; •The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); •Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); •The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); •Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; •The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); •Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; •Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); •Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). AGENDA ITEM #6. f) Exhibit G - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Page 1 of 1 Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of _______________________________ Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: AGENDA ITEM #6. f) Exhibit G - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Page 1 of 1 Exhibit G-1(a)  Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of whose address is and that neither the above firm nor I have: 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 this 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 furnished to the 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. Consultant (Firm Name) Signature (Authorized Official of Consultant)Date Agreement Number: AGENDA ITEM #6. f) Exhibit G - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Page 1 of 1 Exhibit G-1(b)  Certification of  I hereby certify that I am the: Other of the , and 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 furnished to the 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. Signature Date Agreement Number: AGENDA ITEM #6. f) Exhibit G - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Page 1 of 1 Exhibit G-2   Certification Regarding Debarment, Suspension and Other  Responsibility Matters - Primary Covered Transactions I. 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 (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(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 and local) terminated for cause or default. II. 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 Name) Signature (Authorized Official of Consultant)Date Agreement Number: AGENDA ITEM #6. f) Exhibit G - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Page 1 of 1 Exhibit G-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: 1. 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 officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. 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 - LLL, “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 $10,000.00, and not more than $100,000.00, 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 sub-contracts, which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. Consultant (Firm Name) Signature (Authorized Official of Consultant)Date Agreement Number: AGENDA ITEM #6. f) Exhibit G - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Page 1 of 1 Exhibit G-4  Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer’s representative in support of * are accurate, complete, and current as of **. This certification includes the cost or pricing data supporting any advance AGREEMENT’s and forward pricing rate AGREEMENT’s between the offer or and the Government that are part of the proposal. Firm: Signature Title Date of Execution***: *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: AGENDA ITEM #6. f) Exhibit H - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Page 1 of 1 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $. The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $. Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $. • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: AGENDA ITEM #6. f) Exhibit I - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Page 1 of 2 Exhibit I 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 it 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 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 Consultant 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 alleged 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 or the amount would be reduced from the consultant’s agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs 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. Agreement Number: AGENDA ITEM #6. f) Exhibit I - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Page 2 of 2 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. 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, LP will request assistance from the Attorney General’s Office for legal interpretation. 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. 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. Agreement Number: AGENDA ITEM #6. f) Exhibit J - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Page 1 of 2 Exhibit J 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 met 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 Local Programs through the 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 Local Programs (if applicable), and FHWA (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 in needed regarding the claim procedures. If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures. Agreement Number: AGENDA ITEM #6. f) Exhibit J - Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/2021 Page 2 of 2 Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s) If the Agency does not agree with the consultant’s claim, 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 and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or 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 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. Agreement Number: AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 1 of 21 City of Renton Renton Connector Preliminary and Final Design INTRODUCTION Project Background On January 8, 2018, the Renton City Council adopted the Renton Downtown Civic Core Vision and Action Plan (Plan). This work was the result of a year-long series of community meetings and online input and provides recommendations to take advantage of the future possibilities and opportunities for Renton’s Downtown. As the signature element of this Plan, the Renton Connector (Project) provides a new greenway connecting Burnett Linear Parks North and South. This greenway will improve connections for people walking and biking downtown to the Cedar River, City Hall, existing and future transit centers, and to regional trail systems. The Renton Connector is also one of the foundational elements to provide an active, engaging corridor for residents and visitors to explore and enjoy the downtown core. Specific design recommendations for the Renton Connector that are documented in the Plan include the reconfiguration and reconstruction of Burnett Ave S between S 2 nd St and S 5th St to:  provide a multi-use path and protected bike lane for people biking and walking that is separated from the roadway and connects with the Lake to Sound and Cedar River Trails and regional transit connections,  provide opportunities to incorporate art, play spaces, and resting areas along the project corridor,  incorporate green stormwater infrastructure, to the extent feasible, to filter stormwater runoff before it reaches to the Cedar River, and  reconfigure existing parking to align with City and community goals. The City applied for and was successful in obtaining a STP Federal Grant for the design of the Renton Connector; the City’s project description noted: “The Renton Connector project will install a continuous non-motorized facility along Burnett Ave S. between S. 2nd St and S. 5th St via separated walkways, protected bicycle lanes (cycle track) and a multi-use path. This project will also include landscaped medians, reconfigured public parking areas, curb ramp upgrades to ADA standards, and traffic signalization improvements.” Design Process This project will design the project as described in the City’s TIP and grant description. The design process for this Project will occur in two distinct phases:  Phase 1 – Preliminary Design: The purpose of this phase is to identify, develop and document proposed improvements along the Renton Connector, communicating the extents of the Project that will be constructed and showing forward compatibility with the Downtown Vision and Action Plan, for the public, project stakeholders, City staff, and City Council. This phase will include: o developing a Street Concept Plan for the full project corridor, AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 2 of 21 o developing a 10% Design and documenting the scope of proposed improvements to meet the City’s grant requirements including anticipated project construction costs for City budgeting, and o developing a preliminary engineering Design Report to support final design. The work included in this phase includes the following tasks: o Task 1 – Project Management, Coordination, and Administration o Task 2 – Due Diligence and Document Review o Task 3 – Topographic Survey and Base Mapping o Task 4 – Traffic Operating Plan and Parking Evaluation o Task 5 – Active Transportation Design o Task 6 – Urban Design Study and Street Concept Plan o Task 7 – Geotechnical Investigation o Task 8 – Preliminary Stormwater Analysis o Task 9 – 10% Design and Design Report o Task 10 – Public Outreach o Task 16 – Greenroads Documentation Support  Phase 2 – Final Design: This phase will develop the 10% Design identified in Phase 1 that meets the City’s grant requirements into final PS&E documents for construction bidding. This phase will also include: o maintaining and updating the project Risk Register, o completing stormwater and ADA documentation, o supporting the City’s development and submittal of the Project Prospectus, and o facilitating a constructability review. The work included in this phase includes the following tasks:  Task 1 – Project Management, Coordination, and Administration  Task 10 – Public Outreach  Task 11 – Permitting Support  Task 12 – Right-of-Way Documentation Support  Tasks 13-15 – 50%, 100% and Bid Set Plans, Specifications and Estimate  Task 16 – Greenroads Documentation Support Bidding and construction support services are not included in this contract and will be part of a Phase 3 scope of work, which will be developed in coordination with the City upon confirmation of construction funding and prior to bid advertisement. PROJECT DURATION The estimated project duration is 18 months upon receiving notice to proceed from the City. Based on our current understanding, Phase 1 is anticipated to last approximately 10 months. Phase 2 will begin AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 3 of 21 upon authorization from the City following the completion of Task 9 - 10% Design and Design Report, receipt of City comments on the 10% Design, and concurrence on scope for final design. PROJECT ASSUMPTIONS The following assumptions were identified to support the development of this scope of work:  The project is funded through a combination of local and federal funds, which include a Federal Surface Transportation Program (STP) grant.  The Consultant will use procedures outlined in the WSDOT Local Agency Guidelines (LAG Manual) during the development of the project.  The City will prepare and submit documentation to WSDOT Local Programs for required submittals except as noted in the scope below.  The project includes a 10% UDBE Goal.  Scope assumes a retrofit of Burnett Ave S from S 2nd St to S 5th St, to provide continuous non- motorized facilities as documented in the City’s TIP/grant project description. It is assumed work on the east side of Burnett Ave S will be limited to retrofits to meet ADA requirements. For scoping the following is assumed for providing non-motorized facilities along each block segment: o S 2nd St to S 3rd St: The existing sidewalks will be maintained. A two-way separated bike facility will be provided at street grade along the west edge of the roadway. o S 3rd St to S 4th St: The existing sidewalks will be maintained; however, the western sidewalk is not considered adequate for a public sidewalk given the setback from the roadway (i.e. due to its location west of the existing off-street parking lot). A new western sidewalk and two-way separated bike facility, or shared use path, will be provided to the west of the existing road. o S 4th St to S 5th St: The existing sidewalks will be maintained. A two-way separated bike facility or shared use path will be provided through the existing bays of parking between the northbound and southbound travel lanes. o Traffic signals will be modified at the following intersections for compatibility with the retrofit along Burnett Ave S: S 2nd St, S 3rd St, and S 4th St/Houser Way S. The full scope of the traffic signal modifications will be developed upon the conclusion of the traffic operations analysis (Task 4). It is anticipated that up to two (2) traffic signal poles may be replaced at each project intersection, traffic signal phasing and signal devices may be modified or replaced, pedestrian signals including push buttons may be replaced, and up to one (1) traffic signal cabinet (controller cabinet) may be replaced. Vehicle detection may need to be modified, replaced, or new detection added at various locations within the project corridor.  NEPA documentation required for this project will be completed by the City’s Environmental Permitting consultant with support from the Consultant as noted in this scope of work.  ROW acquisition is not required for project implementation; it is also anticipated temporary construction easements will not be necessary for project implementation.  Utility main upgrades and relocations are not included as part of this project. SCOPE OF WORK TASK 1 (PHASE 1 & 2) – PROJECT MANAGEMENT, COORDINATION, AND ADMINISTRATION AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 4 of 21 1.1 Provide continuous project management – Includes coordination with City staff and consultant team and monthly invoices and progress reports for the project’s duration. Monthly progress reports, submitted with invoices, will identify work completed in the previous month, work in progress, upcoming work, and report schedule delays, project issues, or additional project information. 1.2 Develop and Update Project Schedule – Prepare initial project schedule in Microsoft (MS) Excel and update schedule at key project milestones (assume 4 times). 1.3 Meetings with City – Prepare for and attend bi-weekly project management or coordination meetings with City staff for the project duration; assume one meeting per month will be held at Renton City Hall and the other via phone/video conference. 1.4 Develop, Update and Track Project Issues – Consultant will prepare a project specific issues list to track and discuss outstanding design and coordination items with the City. Task 1 Deliverables:  Monthly invoice and progress reports (Task 1.1)  Project schedule and schedule updates (Task 1.2)  Meeting notes documenting project management/coordination meetings submitted via email in MS Word format (Task 1.3)  Formatted Issues List followed by monthly updates for tracked issues (Task 1.4) TASK 2 (PHASE 1) – DUE DILIGENCE AND DOCUMENT REVIEW 2.1 Kickoff Meeting – prepare for, attend, and provide notes for a 2-hour kickoff meeting with Public Works staff. Meeting to include key design team members and City staff to confirm the scope of this project ; City staff may include members from Public Works, Community & Economic Development, and Community Services (Parks Planning & Development, Parks & Trails, Urban Forestry). Meeting to include:  Project overview (scope, roles and responsibilities, etc.)  Roundtable discussion to initiate departmental collaboration and discuss real and perceived concerns across City departments related to this project and COVID-19 impacts  Brainstorming to identify potential technical, business, property and community stakeholders for design focus groups and targeted outreach during the development of the 10% Design. 2.2 Regulatory and Jurisdictional Requirements – coordinate with the City to gather and review applicable regulatory and jurisdictional information to document how requirements may inform the design of proposed improvements. (e.g. City engineering design standards, City Surface Water Design Standards, BNSF railway). 2.3 Document Review and Project Context – the Consultant will review existing local and regional documents and plans to verify project context and identify potential gaps and questions for City staff and project stakeholders. Findings and outcomes from this effort will capture how the Renton Connector sits within the local and regional context and support the development of the AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 5 of 21 Street Concept Plan and 10% Design for elements designed for construction. Documents to review include, but are not limited to, Downtown Civic Core Vision and Action Plan, Downtown Streetscape Design Standards and Guidelines, local and regional active transportation plans and maps. This task will also include coordination with City staff across various departments to identify planned projects, public and private, to understand potential impacts to proposed improvements. 2.4 Existing Tree Evaluation – Landscape architect to conduct site visit and high level review of existing trees for the development of the Street Concept Plan. Tree evaluation by arborist will be conducted after the completion of 10% Design to review trees that may be impacted by the construction of proposed improvements to document health, retainment value, risk potential and recommendations for proposed improvements. Task 2 Assumptions:  City to provide design team with electronic copies of applicable documents and plans for review. Task 2 Deliverables:  Notes from kickoff meeting (Task 2.1)  Technical memorandum summarizing findings and how this information will be used to inform future tasks (Tasks 2.2 and 2.3).  Arborist report and table of trees (Task 2.4). TASK 3 (PHASE 1) – TOPOGRAPHIC SURVEY AND BASE MAPPING 3.1 Establish Survey Control – Establish horizontal and vertical control points along the corridor for field topographic survey; basis of control will be the City of Renton Datum (Horizontal NAVD 83/ 91, Vertical NAVD 88) using the City of Renton Survey Control Network. Using the Washington State plane coordinate system, the Consultant will locate, field survey, and calculate positions for monuments and control points throughout the project limits, which are depicted in Figure 1 attached. Conventional and/or GPS surveying methods will be used on this project. The Consultant will develop survey basemap sheets and construction control sheets to be included in bid documents. 3.2 Field Survey – Includes complete field survey of planimetric, topographic, and utilities features within the project limits along Burnett Ave S. from S. 2 nd St. to S. 5th St. and as depicted in Figure 1 attached.  Planimetric survey shall include all surface and above grade features including tree trunk (4” and above), tree canopies, and building overhangs.  Topographic mapping will be taken at approximately 25 feet intervals along typical street sections to provide 1 foot vertical contours to zero lot line buildings along the corridor, root crowns of existing trees, visible grade breaks/flow paths, etc. For existing companion curb ramps, on the north side of S. 2nd St. and south side of S. 5th St. survey shall verify slopes at the top and bottom landings and on the ramp surface. AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 6 of 21  Utilities shall include all surface features and observations, and measure downs for storm manholes and catch basins within the project area, including the immediate upstream and downstream structures for gravity conveyance systems. For utility structures, the approximate size and size and location of pipes will be made from the surface to the extent practical. For water mains, the pipe size and material shall be incorporated based on available City of Renton GIS files. Utilities shall also include overheard lines (distribution and service drops), signal loops, and other underground signal, lighting, and franchise infrastructure. 3.3 Establish Existing Right-of-Way (R/W) – Research available records to establish existing R/W including verifying existing BNSF railroad R/W to the extent feasible based on available records as provided by City and BNSF. R/W to be incorporated into AutoCAD survey. Parcel lines to be incorporated into the AutoCAD file from City GIS lines. 3.4 Additional Survey Support – Includes up to 2 field days of field crew time to support any additional survey pick-ups that may be needed post initial basemap creation to support the design team efforts. Task 3 Assumptions:  Survey will be prepared in AutoCAD 2018 format using APWA CAD Standards, and topographic surface will be generated by survey spot elevations.  R/W plans and acquisition are not required; if needed, design team can supply, but the City of Renton will contract separately for this work.  Parcel lines for the final survey will be based on City GIS records.  Temporary construction easement (TCE) documentation is not anticipated and, if needed, will be developed the City’s Right-of-Way Consultant under a separate contract managed by the City.  Right-of-Entry’s (ROE) will be procured by the City of Renton if survey is needed on private properties.  The Consultant will scan and survey all available data from the R/W on private properties, if additional data is needed a ROE will be required from the City of Renton.  Trees 4 inches in diameter and above will be surveyed. Trees will be labeled with trunk and dripline diameter and will only be classified as coniferous or deciduous as far as the tree species unless directed otherwise.  Manholes over 25 feet deep or full of debris/water may not be as-built since they may require confined space entry to access the manhole in order to accurately measure the depth (if required).  Title block and necessary information for survey basemap sheets will be supplied by the City of Renton.  Underground utilities will be marked by 811 Locate Services. The Consultant will hire a private underground utility marking vendor will be used to mark and confirm utilities not covered by the 811 service. AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 7 of 21  The City of Renton will provide the Consultant with all available R/W, utility records, and GIS files one (1) week prior to field work.  CCTV and potholing of existing utilities is not part of the survey scope. Task 3 Deliverables:  The Consultant will provide two (2) AutoCAD 2018 drawings (.dwg) files that contain the following: o 2D basemap containing all 2D elements including R/W calculations that will be flattened to zero elevation. o 3D surface DTM containing all breaklines and points to create site contours at 1’ intervals.  Survey basemap sheet of survey and construction control sheets will be signed and stamped for inclusion in project bid documents (.pdf). Task 4 (PHASE 1) – Traffic Operating Plan and Parking Evaluation 4.1 Circulation Analysis – Define the traffic operations analysis study area, which is anticipated to focus on the project corridor and include up to 5 intersections on Burnett Ave S between S 2 nd St and S 5th St. Collect traffic data for the analysis study area, including weekday AM and PM peak hour traffic volumes, transit routing and volumes, pedestrian and bicycle volumes, and heavy vehicle percentages. Historical data with calibration may be used in-lieu of new data collection if issues are encountered with collecting reliable traffic volume data. The Consultant will analyze up to 5 study intersections using the Synchro traffic analysis software for weekday AM and PM peak hour traffic. Analyze up to 4 scenarios as part of this task, including 2020 Existing conditions, Future year (TBD) baseline, and up to 2 future year (TBD) alternatives. 4.2 Signal Operations and Intersection Channelization – Conduct field review and document the existing signal hardware, intersection geometry, and operations at up to 5 study intersections. Existing pedestrian crosswalks, bike lanes, transit facilities, and multi-use facilities will be inventoried as part of this task. Develop conceptual channelization and signal design plans based upon the results of tasks 4.1 and 4.2. 4.3 Parking Evaluation – The Consultant will evaluate and provide recommendations on the future parking conditions associated with the project. The consultant will perform the following steps to evaluate parking impacts and recommend mitigation as necessary:  Define the physical limits of the parking evaluation area and document the existing public parking including on- and off-street. AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 8 of 21  The Consultant will collect the on-street and off-street public parking capacity and document only legal parking stalls.  Document the existing public parking utilization within the evaluation area. The Consultant will use the parking occupancy documented in the Parking and Active Transportation Baseline Evaluation Executive Summary (Fehr & Peers, March 28th, 2017) as a basis of existing parking occupancy due to foreseen challenges with collecting data in the near future.  The Consultant will review the Downtown Civic Core Vision and Action Plan to identify and document the parking strategies associated with project. The Consultant will use the approved concept plan and those strategies as the baseline for project parking modifications and impacts.  The Consultant will evaluate the design concepts for feasibility of accommodating the baseline parking impacts. If challenges are encountered with meeting the baseline directly on the project corridor then the Consultant will develop strategies to accommodate additional parking on adjacent streets or nearby City owned off-street parking. The Consultant will consider accepted guidelines and recommended best practices for walking distances to adjacent parking. 4.4 BNSF Coordination – Coordinate with BNSF to document past peak use, current railroad use, and anticipated future use to understand how railroad requirements will inform proposed improvements. Coordination will include a determination of parameters for railroad signal modifications, traffic signal preemption, signing, and pavement markings at the intersection of Burnett Ave S, Houser Way S and S 4th St. Includes up to three (3) meetings with BNSF and City staff to develop requirements and potential modifications; assumes one meeting on site and other meetings at the City. 4.5 Transit Coordination – Coordinate with the City and King County Metro to understand short term and long-term transit planning in order to integrate transit stop locations, layover areas, headways, and geometric considerations into the intersection operations and circulation analyses. Includes up to three (3) meetings with King County Metro and City staff to develop the integration of transit modifications and improvements into the project. Task 4 Assumptions:  Legal parking stalls to be based on City and State laws for parking such as setbacks from intersections, driveways, fire hydrants, etc.  The Consultant include the parking study summary and recommendations in the project community outreach (Task 10).  The Consultant will document the traffic operational analysis results in a technical memorandum.  The City will provide the Consultant with Synchro files from previous downtown studies for their reference and use on Tasks 4.1 and 4.2. Task 4 Deliverables:  Site map with legal parking stalls numbered and totaled by block.  Technical memorandum documenting the results of the traffic operations analysis AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 9 of 21  Conceptual traffic signal exhibits for three (3) signalized intersections on the project corridor  Technical memorandum documenting the outcomes of BNSF and Transit coordination and direction for final design. TASK 5 (PHASE 1) – ACTIVE TRANSPORTATION DESIGN 5.1 Programming – This task is focused on verifying the origins and destinations, routing and, preferred, desirable and minimum accommodation for each mode of travel. a. The spatial relationships between different travel modes and site uses will be verified based on the City’s assumptions for retrofitting Burnett Ave S to provide facilities for people walking and biking (see Project Assumptions for description). b. Coordination with traffic operations to establish desired motor vehicle channelization and accommodations. c. Criteria for evaluating the constraints and benefits will be established. d. Dimension ranges will be established from preferred (the most generous and beneficial), to desirable (a compromise acknowledging various constraints), to the minimum (least beneficial allowed by best practice design guidance under constrained conditions). 5.2 Concept Alternatives, Intersections – This task will address the options for crossing roadways, railroads, and driveways in the study area, and making transitions to the transportation network beyond the project boundaries. a. Develop up to two alternatives for each intersection encountered in the study area. Alternatives will include options for reducing crossing distances, separation or combination of active transportation modes, signal and striping alternatives, roadway surface treatments, and lane configurations. b. Evaluate intersection treatment scenarios. 5.3 Concept Alternatives, Segments – This task includes development of up to two alternatives and evaluation of each segment between intersections. a. Alternatives could include options for reducing separation or combining active transportation modes and accommodating existing improvements in the right-of-way to document forward compatibility for future street improvements. b. Alternatives for crossing and connection to transit stops, waiting areas and appurtenances will be developed. c. Evaluate segment design alternatives. 5.4 Evaluation and Recommendation of Preferred Action – This task includes matching the preferred design alternatives for intersections, transitions and segments into a cohesive scenario for the entire corridor for further development in preliminary and final design. Task 5 Deliverables:  Technical memorandum summarizing programming findings and approach for evaluating alternatives (Task 5.1).  Intersection treatment and transition options and evaluation (Task 5.2).  Segment design alternatives and evaluation (Task 5.3). AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 10 of 21  Technical memorandum documenting the preferred design alternative for the corridor with supporting narrative, plan, and cross-sections (Task 5.4). TASK 6 (PHASE 1) – URBAN DESIGN STUDY AND STREET CONCEPT PLAN 6.1 Urban Design Study – This study will identify opportunities to develop and incorporate character-defining street elements to understand the look, feel, materiality, and experience of the Renton Connector, one of the City’s “Civic Streets” (Downtown Streetscape Design Standards and Guidelines). Opportunities will be developed in coordination with City staff as outlined below. Outcomes will inform and support the development of the Street Concept Plan (Task 6.2). Specific topics to be studied with opportunities presented and recommendations made to City staff and the public, through public outreach tasks, include:  Park and Streetscape Activation and Programming – includes one meeting with City staff to discuss approaches for programming available park spaces and to create pedestrian interest including integration with the Piazza site.  Integration with the Piazza  Landscape Design – includes up to two meetings with City staff to discuss opportunities and design considerations for incorporating landscape elements into the design  Art Integration – this includes up to two meetings with City staff to discuss potential approaches for integrating art into the Streetscape Concept Plan.  Materials for Paving and Hardscape  Street Furniture 6.2 Street Concept Plan – A Street Concept Plan will be developed to solidify the vision for the Renton Connector with the goal of maximizing forward compatibility for the final design developed in Phase 2 of this project. It is anticipated the Street Concept Plan can be used as a vehicle for discussion within the City to guide future CIP projects and in coordination with developer permit applicant’s about the appropriate streetscape elements, character and operational needs of the Renton Connector. The plan will include a dimensioned and annotated plan and three typical sections, one for each block along the project corridor. Supporting documentation will document streetscape elements such as design considerations for paving materials, street furniture, public art, signage, street trees and landscape design, small plaza/gathering areas and transit stops. Work includes developing up to 3 perspective renderings of the Street Concept Plan. Task 6 Assumptions:  Illumination design will follow City design standards/guidance. No street lighting (illumination) analysis will be provided and pedestrian lighting is not required. Task 6 Deliverables:  Technical memorandum summarizing urban design opportunities and recommendations (Task 6.1).  Street Concept Plan including rendered plan and typical section and supporting streetscape documentation (Task 6.2).  Three perceptive renderings of the Street Concept Plan (Task 6.2). AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 11 of 21 TASK 7 (PHASE 1) – GEOTECHNICAL INVESTIGATION 7.1 Project Coordination Meetings – GeoEngineers will attend project coordination meetings with the design team and City. Assumes one meeting with the design team and City staff and two internal design coordination meetings. 7.2 Field Explorations – GeoEngineers will prepare and submit an exploration plan to the Consultant and City. The purpose of the explorations is to evaluate subgrade conditions for signal and lighting poles. The exploration plan will include proposed traffic control plans developed in accordance with MUTCD standards and will be submitted for the ROW permit. GeoEngineers will mark boring locations and will contact the One Call utility locate service prior to beginning the borings. GeoEngineers will also hire a subcontracted private utility locater to clear boring locations for underground utility conflicts. GeoEngineers will hire subcontracted drilling and traffic control services to complete the borings; this scope assumes 3 borings. One boring will be drilled per signalized intersection to a minimum depth of approximately 20 feet (assumes up to 100 feet of total drilling). The borings will be observed by a representative from GeoEngineers who will measure existing pavement section thicknesses, classify the soils encountered, obtain representative samples of the soils, and develop detailed logs for each boring. The borings will be backfilled in accordance with the Washington State Department of Ecology requirements. The borings will be patched with concrete to the level of the surrounding pavement at the time of drilling; no sawcutting or hot mix asphalt pavement patching is included in our scope. 7.3 Laboratory Testing – GeoEngineers will complete geotechnical laboratory tests on samples obtained from the borings. Laboratory tests will include moisture content determination, Atterberg limits (plasticity), grain size distribution and hydrometer analysis, and California Bearing Ratio (subgrade evaluation), as appropriate. 7.4 Geotechnical Engineering Analyses and Report – Based on the borings and experience, GeoEngineers will prepare a geotechnical report with conclusions and recommendations for design and construction of the project including earthwork, pavement, and traffic and signal pole foundations. The report will be issued in draft form and will be finalized to include review comments from the Consultant and the City. 7.5 Review of Construction Documents – GeoEngineers will review the geotechnical aspects of the project plans and specifications and will provide review comments to the Consultant. Task 7 Assumptions:  It is assumed that the City will be the permitting agency and any permit will be provided without fee.  It is assumed that the borings will be patched at the time of drilling using concrete. If pavement patching using hot mix asphalt is required per the terms of the ROW permit, an additional mobilization with traffic control and paving will be required, which is not included in this scope. AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 12 of 21 Task 7 Deliverables:  Exploration Plan  Draft Geotechnical Report  Final Geotechnical Report TASK 8 (PHASE 1) – PRELMINARY STORMWATER ANALYSIS 8.1 Stormwater Analysis – This task includes documenting stormwater requirements for proposed improvements in accordance with the 2017 City of Renton Surface Water Design Manual (Manual). The Consultant will review and document applicable stormwater requirements, review existing stormwater facilities within the project area, delineate threshold discharge areas, and document areas of new and replaced hard surface for the proposed retrofit. 8.2 Preliminary Design for On-site BMPs – Evaluate the feasibility for implementing On-site BMPs, Core Requirement #9 for new and replaced impervious surfaces. Preliminary design will be developed were BMPs are feasible for incorporation in the 10% Design (Task 10). Task 8 Assumptions:  The project requires a Full Drainage Review.  The project site is located in the following drainage basins: o Sites areas north of S 3rd St, including the intersection at S 3rd St: Lower Cedar River drainage basin within the Cedar River/Lake Washington watershed o Sites areas south of S 3rd St: Black River drainage basin within the Duwamish-Green River watershed  The project is located within Wellhead Protection Zone 1 (a.k.a. 1-Yr Wellfield Capture Zone; Manual Reference Map 15-B), except for the southern ~100ft of the project area, north of S 5th St, which is located in Wellhead Protection Zone 2. It is assumed infiltrating stormwater runoff is not desired/feasible for on-site BMPs; final design approach will be coordinated with City staff based on findings from geotechnical investigations and City preferences (e.g. City may prefer to not infiltrate from on-site areas).  The existing downstream conveyance system has capacity to convey runoff from proposed improvements.  Flow control and water quality treatment will not be required. Task 8 Deliverables:  Stormwater technical memorandum documenting findings and outcomes of Task 8, draft and final. TASK 9 (PHASE 1) – 10% DESIGN AND DESIGN REPORT Note: Prior to the start of this task the Consultant will coordinate with the City to confirm a budget range for the construction of proposed improvements. 9.1 Draft Plans – the Consultant will prepare and submit 10% Design plans and typical sections documenting outcomes of previously completed tasks and studies. Plans will fit on six (6) 11x17 plan sheets I" = 40' scale. Annotated plans will document curb alignment, curb return radii, lane/sidewalk widths, channelization, and landscape areas. Plans will be used as a basis for AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 13 of 21 developing detailed plans in the PS&E phase of the project and to confirm the construction budget based on the opinion of probable construction costs (Task 9.2). 9.2 Draft Cost Estimate – the Consultant will prepare and submit opinion of probable construction cost estimate for the proposed improvements based on the plans and information documented in the Design Report . The opinion of cost will be based on unit prices and incorporate a 35% contingency to account for the level of completeness of plan preparation, and to reflect past experience on similar projects within the region. 9.3 Draft Design Report – the Consultant will prepare a draft and a final Design Report for the project. The draft Design Report will be circulated to City staff for review and comment; City staff will provide a consolidated list of comments for response by the Consultant. The Consultant will review comments and participate in a review meeting with City staff to discuss comments and proposed responses prior to making report revisions. The Consultant will then revise and submit a final report including responses to City comments. The Design Report will document and summarize preliminary design information for the final design of the proposed improvements. The report will identify the project' s design criteria on elements such as lane widths, design and posted speeds, intersection configuration, and stormwater criteria. Technical memorandums developed under other tasks will be included as appendices. The report will also document the public involvement process. The report will consist of:  Main sections: o Executive summary describing proposed improvements o Project Background, Purpose, and Objectives o Design Criteria, including design year, posted speed, design speed, design vehicle, geometric features o Summary of stormwater analysis o Summary of traffic operations and circulation o Summary of parking evaluation o Summary of approach for transit design o Summary of active transportation design (pedestrian and bicycle facilities) o Description of proposed improvements  Typical roadway sections  Intersection configuration including railroad crossing improvements  Signals  Utilities  Illumination  Landscape Design o Anticipated design deviations o Public Outreach o Considerations for Final Design 9.4 10% Design and Design Report – following receipt of City comments on the draft 10% Design plans, cost estimate and design report the Consultant will prepare comments responses and AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 14 of 21 participate in one (1) review meeting with City staff to review and reconcile outstanding comments. After the meeting, the Consultant will prepare and submit a final set of plans, opinion of probable construction cost estimate, and design report. Task 9 Assumptions:  City to provide one compiled set of non-contradictory review comments.  Illumination design will follow City design standards/guidance. No street lighting (illumination) analysis will be provided and pedestrian lighting is not required. Task 9 Deliverables:  10% Design Plans, draft and final to be submitted in half-size (11x17) PDF format (Tasks 9.1 and 9.4)  10% Design Opinion of Probable Construction Costs, draft and final (Tasks 9.2 and 9.4)  Design Report, draft and final (Tasks 9.3 and 9.4)  Response to City review comments (Task 9.4) TASK 10 (PHASE 1 & 2) – PUBLIC OUTREACH Note: any of the tasks outlined below may be conducted online to comply with current social distancing guidelines or recommendations. The Consultant will coordinate with the City in advance of outreach meetings and events to discuss and verify an appropriate path forward for each meeting/event. 10.1 Business and Stakeholder Meetings (Phase 1) —The Consultant shall coordinate with the City to identify up to six individual or small group meetings to be interviewed by the Consultant. The goal of these meetings is to engage people who could have a significant influence on the project, either directly as adjacent land or business owners. The stakeholder meetings may include representatives from the City departments, the Renton Downtown Association, Chamber of Commerce, adjacent businesses, local neighborhood and community groups, to be determined by City and the consultant team. The City will lead the scheduling of these meetings. Interviews are anticipated to take up to an hour each and will be documented with notes from each meeting prepared by Consultant and combined into one summary document. 10.2 Design Focus Groups (Phase 1) – Consultant will prepare for and facilitate up to four focus groups to vet the major design elements of the project. Consultant will prepare for, attend and facilitate meetings. Consultant will summarize the results of each meeting. Potential focus groups could include:  Arts groups  Parks, pedestrian and bicycle advocacy groups  Chamber of Commerce and Downtown Association  King County Metro and key technical representatives 10.3 Public Event—Concepts Input and Design – Upon completion of Tasks:  Task 4 – Traffic Operating Plan and Parking Evaluation,  Task 5 – Active Transportation Design, and  Task 6 – Urban Design Study and Street Concept Plan AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 15 of 21 Consultant will plan for and facilitate an open house and online event that presents the project’s concepts and preliminary design for the early implementation project to be completed as part of the City’s Local Community Project grant. Posters will provide brief project summaries, graphics illustrating the potential design options, and general timeline of expected next steps. The outcomes of this meeting will inform Task 10 to develop the 10% Design. Following the event, Consultant will summarize the results. 10.4 Public Event—10% Design – MIG will develop materials for an online and in person open house that describes the key elements of the 10% Design, final design for the early implementation project, and amenities and specific design treatments. Consultant shall prepare a summary memo or presentation. 10.5 Committee of the Whole Coordination – Consultant will attend up to three meetings with elected officials. MIG will assist the City in preparing for these meetings. Consultant assumes that these meetings could be held individually or as part of the City’s Committee of the Whole (COW). Consultant will prepare, present, and facilitate these meetings. 10.6 Project Landing Page Content – Consultant will coordinate with the City to update the project website as new project information becomes available during the project, particularly at major milestones and events. 10.7 Public Engagement Summary – Upon completion of the public engagement tasks, Consultant will summarize the public input in a Public Engagement Summary Memorandum. The summary will identify the key information from meetings and events, with appendices, as needed, with supporting materials. Task 10 Deliverables:  Stakeholder meeting attendance, facilitation and summary memorandum  Public Event—Concepts and Design Input  Public Event—Recommended Alternative  Arts Commission Outreach and Public Art Plan (Draft and Final plans)  Planning Commission/City Council/COW Coordination (attendance at up to three meetings)  Project Landing Page Content (assumes up to 4 updates)  Draft and Final Public Engagement Summary TASK 11 (PHASE 2) – PERMITTING SUPPORT 11.1 Permit Support – includes 40 hours for the Consultant to coordinate with and provide design support to the City and the City’s Environmental Consultant. The Consultant shall provide documentation as requested to support the development of applicable permits, which may include NEPA, NPDES, Section 106, and hazardous materials reports. The Consultant shall coordinate with the City’s Environmental Consultant to determine the method and timing of the delivery of project information. Anticipated documentation may include, but are not limited to maps, figures, quantities, and project descriptions. Task 11 Assumptions:  Preparation and submittal of required permits will be by others. AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 16 of 21 Task 11 Deliverables:  Supporting permitting documentation will be coordinated with the City and deliverables confirmed prior to start of task. TASK 12 (PHASE 2) – RIGHT OF WAY DOCUMENTATION SUPPORT 12.1 Right-of-Way Documentation Support – incudes 60 hours for the Consultant to coordinate with and provide design support to the City and the City’s Right-of-Way Consultant, including developing sketches and figures based on the proposed improvements, in order to communicate proposed improvements to staff and/or adjacent property owners. Task 12 Assumptions:  Right-of-Way acquisition is not required.  Right of way documentation and plans by others.  Temporary construction easements are not required. Task 12 Deliverables:  Supporting right-of-way documentation will be coordinated with the City and deliverables confirmed prior to start of task. TASK 13 (PHASE 2) – 50% PS&E Task 13 will begin upon authorization from the City following the completion of Task 9 - 10% Design and Design Report, receipt of City comments on the 10% Design, and concurrence on scope for final design. 13.1 Plans, Specifications and Estimate – Prepare 50% Design documents for review by the City. Design will incorporate City review comments from the 10% Design submittal; City to provide a compiled, non-contradictory log of comments to the Consultant prior to the start of 50% Design. Documents to be submitted include:  Plans,  Draft special provisions,  Opinion of probable construction costs,  Responses to City comments Building on outcomes of Task 6 the PS&E documents will consider forward compatibility with the future buildout of the full Renton Connector corridor. Design includes layout and details for paving, basic site furnishings (i.e. bench and garbage receptacle locations), and identifying locations for wayfinding signage; this scope does not include design for wayfinding signage. 13.2 Design Reporting – Prepare draft Stormwater Technical Information Report (TIR) and draft Engineering Report. Stormwater TIR shall be in accordance with City of Renton Surface Water Design Manual and build on outcomes documented in the preliminary stormwater analysis (Task 8). A draft Engineering Report will be compiled to document the basis of design and will include:  Design deviations and other required WSDOT Lag Manual reporting  ADA accessibility analysis  Outcomes of construction sequencing and traffic control - consultant will meet with City staff to discuss opportunities, constraints, and design approaches to develop temporary AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 17 of 21 traffic control plans. Following the meeting the Consultant will prepare a preliminary construction sequencing and traffic routing exhibit.  Current risk register  Constructability workshop outcomes – workshop to include design team, city staff and CM Consultant 13.3 BNSF Coordination – the Consultant will coordinate with BNSF to develop the design, including up to two (2) meetings based on outcomes of Phase 1. Work shall include coordination and documentation with BNSF for impacts and resolution for rail operations. 13.4 Constructability Workshop – Prepare for and participate in a constructability workshop with the project team, including design team members, City staff, and design team’s Construction Management consultant. 13.5 Structural Design – the Consultant will design one (1) signal pole foundation and one (1) street light pole foundation. Each design will be applied to all structures of the same type along project corridor. Submittal will include drawings with sections and details, special provisions, and opinion of probable construction cost. Task 13 Assumptions:  Plans - see sheet list in Task 15 anticipated sheet list for final bid set; an edited version of that list will be developed for the 50% Design in coordination with the City.  City to prepare Project Prospectus  Drainage design approach and draft TIR to be confirmed by City prior to start of Task 14 – 100 PS&E.  Structural design will be developed in accordance with the following: o City of Renton Municipal Code o City of Renton Standard Details o WSDOT Design Manual, M 22-01, September 2019 o WSDOT Standard Plans, M 21-01, September 2019 o WSDOT 2020 Standard Specifications, M 41-10, September 2019 o WSDOT Bridge Design Manual, M 23-50, July 2019 o AASHTO LRFD Bridge Design Specifications, 8th Edition, with May 2018 Errata o AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals, 6th Edition, with 2020 Interim Revisions Task 13 Deliverables:  50% Design Plans, Draft Special Provisions, and Opinion of Probable Construction Cost to be completed in half-size (11x17) PDF format (Tasks 13.1 and 13.5)  Response to City 10% Design review comments (Task 13.1)  Draft Stormwater TIR (Task 13.2)  Draft Engineering Report (Task 13.2)  Meeting notes from Constructability Workshop (Task 13.4) AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 18 of 21 TASK 14 (PHASE 3) – 100% PS&E 14.1 Plans, Specifications and Estimate – Prepare 100% Design documents for review by the City. Design will incorporate City review comments from the 50% Design submittal; City to provide a compiled, non-contradictory log of comments to the Consultant prior to the start of 100% Design. Documents to be submitted include:  Plans,  Draft project manual,  Opinion of probable construction costs,  Responses to City comments 14.2 Design Reporting – Prepare final Stormwater Technical Information Report (TIR) and Engineering Report in response to City comments at 50% Design and design updates. Engineering Report will be compiled to document the basis of design and will include:  Design deviations and other required WSDOT Lag Manual reporting  ADA MEF documentation  Current risk register  Constructability workshop outcomes – workshop to include design team, city staff and CM Consultant 14.3 BNSF Coordination – Work shall include coordination and documentation with BNSF to develop the design and impacts and resolution for rail operations. 14.4 Constructability Workshop – Prepare for and participate in a constructability workshop with the project team, including design team members, City staff, and design team’s Construction Management consultant. 14.5 Structural Design – finalize signal pole foundation and street light pole foundation designs. Documents to be submitted include:  Drawings (sections and details)  Design Calculations  Special Provisions  Opinion of Probable Construction Cost Task 14 Assumptions:  Plans - see sheet list in Task 15 anticipated sheet list for final bid set; an edited version of that list will be developed for the 100% Design in coordination with the City.  Final TIR to be approved by City prior to start of Task 15 – Bid Set PS&E.  See Task 14 for Structural Design Assumptions. Task 14 Deliverables:  100% Design Plans, Draft Project Manual, and Opinion of Probable Construction Cost; plans to be submitted half size (11x17) in PDF format (Tasks 14.1 and 14.5)  100% Structural calculations to be submitted in PDF format (Task 14.5)  Response to City 50% Design review comments (Task 14.1)  Final Stormwater TIR in PDF format (Task 14.2) AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 19 of 21  Final Engineering Report (Task 14.2)  Meetings notes from Constructability Workshop (Task 14.4) TASK 15 (PHASE 3) – BID SET PS&E 15.1 Draft Bid Set – the Consultant shall prepare a draft bid set for WSDOT Northwest Region review incorporating all comments from the City' s 100% Design. Submittal shall include the following:  plans, project manual, and cost estimate  completed Public Interest Finding (PIF) for all agency supplied and sole sourced materials  maximum extent feasible (MEF) documentation in accordance with WSDOT requirements  WSDOT Checklist 15.2 Final Bid Set – the Consultant shall prepare final PS&E documents for construction bidding. This task includes one round of minor edits to the draft bid documents to address WSDOT comments. Task 15 Assumptions:  Only one review by WSDOT will be required.  Draft bid documents for WSDOT review and final bid documents will be stamped, signed and dated by a licensed professional engineer in the State of Washington.  The anticipated sheet list for final Bid Documents has been estimated based on the project length, assuming 350 linear feet per sheet, and presentation at 20 scale (1”=20’) to provide 6 plan sheets per discipline (e.g. Site Preparation and TESC Plans, Drainage, Utility, Paving and Grading, etc.): o 1 – Cover o 4 – Sheet index alignment, survey control, legend o 4 – General notes o 3 – Typical Sections o 6 – Traffic Control Plans o 2 – Traffic Control Details o 6 – Site Preparation and TESC Plans o 2 – Site Preparation and TESC Details o 6 – Utility Plans o 2 – Utility Details and Catch Basin Profiles o 6 – Paving and Grading Plan and Profile o 8 – Curb Ramp Details o 4 – Paving Details o 3 – Signalization Plans o 3 – Signalization Detection Plans o 13 – Signalization Notes, Wiring Diagram, and Details o 6 – Channelization and Signage Plans o 6 – Illumination and Signalization Interconnect Plans o 8 – Illumination, Notes, Schedules, Wiring Schematics, and Details o 3 – Streetscape Enlargements and Details o 7 – Planting and Restoration Plans o 1 – Planting and Restoration Details AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 20 of 21 o 4 – Structural Sheets (General notes, inspections, and sheet for each detail) o 108 – Total Sheets Task 15 Deliverables:  Draft bid documents for WSDOT review including Plans, Project Manual, and Opinion of Probable Construction Cost; plans to be submitted half size (11x17) in PDF format (Task 15.1)  Completed WSDOT checklist (Task 15.1)  Public Interest Finding (PIF) documentation (if required) for agency supplied and sole sourced materials for WSDOT approval (Task 15.1)  ADA MEF documentation for WSDOT concurrence (Task 15.1)  Final bid documents for WSDOT review including Plans, Project Manual, and Opinion of Probable Construction Cost; plans to be submitted half size (11x17) in PDF format (Task 15.1)  Final AutoCAD 2018 design files TASK 16 (PHASE 1 & 2) – DOCUMENTATION FOR GREENROADS RATING 16.1 Coordination with City for Project Approach – Achieving Greenroads certifications requires documentation to meet 12 mandatory Project Requirements and achieve a minimum of 40 points, 30% of the total available points through Core Credits. The Consultant will participate in up to 3 meetings with the City to discuss the approach for conducting a Greenroads evaluation for achieving Greenroads certification. Prior to the first meeting, which will occur at the end of Phase 1, the City will review the Greenroads v2.0 Rating System and document a preliminary approach for achieving certification to discuss with the Consultant. The purpose of the meetings will be to:  review the City’s preliminary approach for achieving certification,  discuss the 12 mandatory Project Requirements and anticipated Core Credits (40 points minimum to achieve certification) that will be applicable to the project based on the scope of proposed improvements,  discuss the City’s process for submitting documentation to Greenroads, and  discuss the City’s plan for addressing and obtaining documentation for Project Requirements and Core Credits that will be addressed during construction. 16.2 Documentation for Project Requirements and Core Credits – this task includes 320 hours for the Consultant to coordinate with the City and develop documentation for the City to include in the City’s submittal to Greenroads. Task 16 Assumptions:  City to conduct a preliminary review of the Greenroads v2.0 Rating System to identify a proposed approach for achieving certification.  City to lead documentation and coordination with Greenroads including submittal of documentation. AGENDA ITEM #6. f) Exhibit A Scope of Work August 3, 2021 Page 21 of 21  This scope does not include documentation for construction related activities/requirements; the City will manage coordination with the Contractor during construction for documentation associated with construction related Project Requirements and Core Credits.  Mandatory Project Requirements: o the scope includes 80 hours to support the city document mandatory Project Requirement; assumes 10 hours per requirement for each of the eight design related Project Requirements o four of the 12 mandatory Project Requirements are construction related.  Core Credits (scoring points): o Assumes 30 of the 40 points required to achieve the minimum level certification (Bronze Level) will come from design related Core Credits and the remaining 10 points will come from construction related credits. o Assumes 15 Core Credits will be documented to achieve 30 points focused on design related credits; assumes 16 hours per credit to develop documentation Task 16 Deliverables:  Documentation for Project Requirements and Core Credits. TASK 17 (PHASE 3) – BIDDING SUPPORT AND CONSTRUCTION SUPPORT SERVICES 17.1 Bidding Support – this scope will be developed as a part of Phase 3 prior to bid advertisement and upon confirmation of construction funding. 17.2 Construction Support – this scope will be developed as a part of Phase 3 prior to bid advertisement and upon confirmation of construction funding. AGENDA ITEM #6. f) AGENDA ITEM #6. f) Exhibit B DBE Participation Plan City of Renton Renton Connector Preliminary and Final Design This project has a mandatory UDBE goal of 10 percent. A core practice of MIG is collaborative teaming and for the Renton Connector Project we are teaming with Concord Engineering, a DBE certified partner, who we have a strong history working with. Concord Engineering will support our team with traffic analysis, signal design, lighting design, and traffic control design. We work with Concord Engineering on many projects because we enjoy working with them, they do great work, and they constantly provide on-time and accurate work products. Concord is critical to our team in providing several core services on this contract. As shown in Exhibits D and E the estimated work effort for UDBE firms is approximately 15% of the overall contract value ($1,244,284):  Concord 15% ($193,777) We anticipate exceeding the mandatory contract UDBE goal of 10 percent and will track and monitor UDBE participation using our Deltek Vision software and will include reporting on monthly project invoices. Upon receipt of payment from the City, MIG, Inc. intends to make prompt payment to subconsultants within the allowable timeframe and will enter information into the WSDOT DMCS (wsdot.diversitycompliance.com) each month. Each UDBE partner will also confirm payments. AGENDA ITEM #6. f) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I.Surveying, Roadway Design & Plans Preparation Section A.Survey Data B.Roadway Design Files C.Computer Aided Drafting Files AGENDA ITEM #6. f) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 D.Specify the Agency’s Right to Review Product with the Consultant E.Specify the Electronic Deliverables to Be Provided to the Agency F.Specify What Agency Furnished Services and Information Is to Be Provided AGENDA ITEM #6. f) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 II.Any Other Electronic Files to Be Provided III.Methods to Electronically Exchange Data AGENDA ITEM #6. f) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 A.Agency Software Suite B.Electronic Messaging System C.File Transfers Format AGENDA ITEM #6. f) Exhibit D-1 Consultant Fee Determination: Summary Sheet Project: Renton Connector Client: City of Renton All Inclusive Hourly Billing Rate : Classification Hours = All Inclusive Hourly Billing Rate = Cost Principal X $283.34 $0.00 Principal 201 X $241.85 $48,611.60 Principal X $213.21 `$0.00 Principal 82 X $210.36 `$17,249.22 Principal Landscape Architecture X $168.86 `$0.00 Director Urban Strategy and Development X $250.45 $0.00 Senior Engineer VII X $208.93 $0.00 Senior Engineer VI 1116 X $188.18 $210,009.61 Engineer VI 360 X $168.86 $60,790.51 Engineer V X $160.29 $0.00 Engineer V 48 X $160.29 $7,693.92 Engineer V X $158.86 $0.00 Engineer IV 750 X $145.62 $109,211.45 Engineer I X $87.30 $0.00 Engineer I 962 X $88.02 $84,673.38 Engineer I X $87.81 $0.00 Landscape Architect V 398 X $158.15 $62,942.41 Landscape Architect IV 58 X $133.08 $7,718.86 Landscape Architect IV X $126.65 $0.00 Landscape Architect III 758 X $99.45 $75,381.74 Landscape Architect I X $98.02 $0.00 Landscape Designer II X $88.73 $0.00 Landscape Designer II X $77.27 $0.00 Landscape Intern X $71.44 $0.00 CAD Senior X $126.65 $0.00 CAD Mid/Senior 951 X $108.76 $103,435.48 Office Manager 36 X $128.08 $4,610.99 Office Associate X $82.30 $0.00 Project Assistant X $98.97 $0.00 Director Planning Services 146 X $154.84 $22,607.04 Sr Project Manager 40 X $124.51 $4,980.45 Sr Project Associate 128 X $87.30 $11,174.87 Associate Planner 64 X $78.88 $5,048.31 Project Associate 24 X $83.34 $2,000.28 All Inclusive Hourly Billing Rate Cost Total = $838,140.10 Page 1 of 2 AGENDA ITEM #6. f) Exhibit D-1 Consultant Fee Determination: Summary Sheet Project: Renton Connector Client: City of Renton Reimbursable Estimate :units at Cost Arborist Tree Evaluation 1 $7500 $7,500.00 Mileage - $0.56/mi 1500 $0.56 $840.00 Reprographics Estimate 10 $250 $2,500.00 Courier/FedEx 10 $100 $1,000.00 Car Rental/Car Share 2 $175 $350.00 Taxi/Ride Share Trips 20 $25 $500.00 Airfare (from MIG Portland, OR office)6 $300 $1,800.00 Per Diem 10 $300 $3,000.00 Reimbursable Estimate Total $17,490.00 Subconsultant Costs (See Exhibit E) Concord Engineering $193,777.74 Furtado & Associates $115,988.71 MLA $18,883.25 GeoEngineers $37,174.88 Alta Planning + Design $22,828.99 Subconsultant Total $388,653.57 Contract Total Summary Negotiate Hourly Rate Cost $838,140.10 Reimbursable Expenses $17,490.00 Subconsultants $388,653.57 CONTRACT TOTAL $1,244,283.67 Prepared By: MIG Date:10/28/2021 Page 2 of 2 AGENDA ITEM #6. f) Exhibit D-2: Consultant Fee Determination - Renton ConnectorHours @$241.85Hours @$188.18Hours @$168.86Hours @$160.29Hours @$145.62Hours @$88.02Hours @$108.76Hours @$210.36Hours @$158.15Hours @$99.45Hours @$133.08Hours @$128.08Hours @$154.84Hours @$124.51Hours @$87.30Hours @$78.88Hours @$83.341Project Management, Coordination and Administration1.1Provide continuous project managament 18 $4,353.30 180 $33,872.40 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 36 $4,610.88 $0.00 $0.00 $0.00 $0.00 $0.00 234$42,836.581.2Develop and Update Project Schedule 4 $967.40 24 $4,516.32 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 28$5,483.721.3Meetings with City18 $4,353.30 144 $27,097.92 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 162$31,451.221.4Develop, Update and Track Project Issues 8 $1,934.80 80 $15,054.40 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 88$16,989.20Subtotal48 $11,608.80 428 $80,541.04 0 $0.00 0 $0.000 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 36 $4,610.88 0 $0.000 $0.00 0 $0.00 0 $0.00 0 $0.00 512 $96,760.722Due Diligence and Document Review2.1Kickoff Meeting3 $725.55 8 $1,505.44 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 $632.60 $0.00 $0.00 $0.00 6 $929.04 $0.00 $0.00 $0.00 $0.00 21$3,792.632.2Regulatory and Jurisdictional Requirements 2 $483.70 8 $1,505.44 16 $2,701.76 $0.00 16 $2,329.92 $0.00 $0.00 $0.00 4 $632.60 12 $1,193.40 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 58$8,846.822.3Document Review and Project Context 1 $241.85 4 $752.72 4 $675.44 $0.00 $0.00 12 $1,056.24 $0.00 $0.00 6 $948.90 12$1,193.40 $0.00 $0.00 2 $309.68$0.00 $0.00 $0.00 $0.00 41$5,178.232.4Existing Tree Evaluation $0.00 1 $188.18 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 6 $948.90 6 $596.70 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 13$1,733.78Subtotal6 $1,451.10 21 $3,951.78 20 $3,377.20 0 $0.00 16 $2,329.92 12 $1,056.24 0 $0.00 0$0.00 20 $3,163.00 30 $2,983.50 0 $0.000 $0.00 8 $1,238.72 0 $0.00 0 $0.00 0 $0.00 0 $0.00133$19,551.463Project Survey and Base Mapping3.1Establish Survey Control$0.00 4 $752.72 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4$752.723.2Field Survey $0.00 4 $752.72 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4$752.723.3Establish Existing Right-of-Way (R/W)$0.00 4 $752.72 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4$752.723.4Additional Survey Support$0.00 2 $376.36 $0.00 $0.00 4 $582.48 $0.00 4 $435.04 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10$1,393.88Subtotal0 $0.00 14 $2,634.52 0 $0.00 0 $0.00 4$582.48 0 $0.00 4 $435.04 0 $0.00 0 $0.000 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 22 $3,652.044Evaluation4.1Circulation Analysis$0.00 4 $752.72 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4$752.724.2Signal Operations and Intersection Channelization $0.00 4 $752.72 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4$752.724.3Parking Evaluation 2 $483.70 8 $1,505.44 $0.00 $0.00 8 $1,164.96 $0.00 4 $435.04 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 22$3,589.144.4BNSF Coordination4 $967.40 16 $3,010.88 $0.00 $0.00 8 $1,164.96 $0.00 4 $435.04 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 32$5,578.284.5Transit Coordination 4 $967.40 16 $3,010.88 $0.00 $0.00 8 $1,164.96 $0.00 4 $435.04 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 32$5,578.28Subtotal10 $2,418.50 48 $9,032.64 0 $0.00 0 $0.0024 $3,494.88 0 $0.00 12 $1,305.12 0 $0.000 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.0094$16,251.145Active Transportation Design`5.1Programming 2 $483.70 8 $1,505.44 $0.00 $0.00 20 $2,912.40 16 $1,408.32 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 46$6,309.865.2Concept Alternatives, Intersections4 $967.40 16 $3,010.88 $0.00 $0.00 32 $4,659.84 $0.00 $0.00 $0.00 $0.00 24 $2,386.80 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 76$11,024.925.3Concept Alternatives, Segments3 $725.55 8 $1,505.44 $0.00 $0.00 24 $3,494.88 $0.00 $0.00 $0.00 $0.00 24 $2,386.80 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 59$8,112.675.4Evaluation and Recommendation of Preferred Action 2 $483.70 8 $1,505.44 $0.00 $0.00 8 $1,164.96 $0.00 $0.00 $0.00 $0.00 16 $1,591.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 34$4,745.30Subtotal11 $2,660.35 40 $7,527.20 0 $0.00 0 $0.0084 $12,232.08 16 $1,408.32 0 $0.00 0 $0.000 $0.00 64 $6,364.80 0 $0.00 0 $0.00 0$0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 215 $30,192.756Urban Design Study and Street Concept Plan6.1Urban Design Study 2 $483.70 16 $3,010.88 8 $1,350.88$0.00 $0.00 $0.00 $0.00 $0.00 40$6,326.00 84 $8,353.80 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 150$19,525.266.2Renderings (x3)$0.00 12 $2,258.16 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 8 $1,265.20 40 $3,978.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 60$7,501.366.2Street Concept Plan6 $1,451.10 24 $4,516.32 $0.00 $0.00 40$5,824.80 20 $1,760.40 60 $6,525.60 $0.00 30 $4,744.50 60 $5,967.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 240$30,789.72Subtotal8 $1,934.80 52 $9,785.36 8 $1,350.88 0$0.00 40 $5,824.80 20 $1,760.40 60 $6,525.60 0 $0.00 78 $12,335.70 184 $18,298.80 0$0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00450$57,816.347Geotechnical Investigation7.1Project Coordination Meetings 2 $483.70 8 $1,505.44 8 $1,350.88 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 18$3,340.027.2Field Explorations $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 0$0.007.3Laboratory Testing$0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 0$0.007.4Geotechnical Engineering Analyses and Report1 $241.85 $0.00 4 $675.44 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5$917.297.5Review of Construction Documents 1 $241.85 2 $376.36 4 $675.44 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 7$1,293.65Subtotal4 $967.40 10 $1,881.80 16 $2,701.76 0 $0.000 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.0030$5,550.968Preliminary Stormwater Analysis8.1Stormwater Analysis 2 $483.70 2 $376.36 6 $1,013.16 $0.00 $0.0018 $1,584.36 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 28$3,457.588.2Preliminary Design for On-site BMPs $0.00 2 $376.36 12 $2,026.32 $0.00 $0.00 24$2,112.48 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 38$4,515.16Subtotal2 $483.70 4 $752.72 18 $3,039.48 0 $0.00 0 $0.00 42 $3,696.84 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0$0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.0066$7,972.74910% Design and Design Report9.1Draft Plans 12 $2,902.20 36 $6,774.48 24 $4,052.648 $1,282.32 68 $9,902.16 68 $5,985.3680 $8,700.80 8 $1,682.88 20 $3,163.0028 $2,784.60 8 $1,064.64 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 360$48,295.089.2Draft Cost Estimate2 $483.70 4 $752.72 $0.00 $0.00 12 $1,747.44 24 $2,112.48 4 $435.04 2 $420.72 4 $632.60 8 $795.60 2$266.16 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 62$7,646.469.3Draft Design Report 6 $1,451.10 8 $1,505.44 16 $2,701.76 $0.00 8 $1,164.96 40 $3,520.80 $0.00 4$841.44 4 $632.60 8 $795.60 2 $266.16 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 96$12,879.869.410% Design and Design Report6 $1,451.10 12 $2,258.16 8 $1,350.884 $641.16 24 $3,494.88 24 $2,112.48 40$4,350.40 4 $841.44 8 $1,265.20 16 $1,591.20 2 $266.16 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 148$19,623.06Subtotal26 $6,288.10 60 $11,290.80 48 $8,105.28 12 $1,923.48 112 $16,309.44 156 $13,731.12 124 $13,486.24 18 $3,786.48 36$5,693.40 60 $5,967.00 14 $1,863.12 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00666$88,444.46QA/QC Reviewer(Landscape Architect IV)Vanessa HostetterProject Engineer(Engineer V)Dave Rodgers Nathan PolanskiProject Engineer(Engineer VI)Lolly KunklerPrincipal EngineerProject Manager(Senior Engineer VI)Kim HoukalProject Engineer(Engineer IV)Sr Project AssistantJordan LewisLandscape ArchitectSakaru TsuchiyaMIG StaffKathy Gwilym Melanie DaviesHours TotalAll Inclusive Hourly Billing Rate CostTotalQA/QC Reviewer(Principal Engineer) Landscape Architect VBatseba FukurEngineer IJennifer AndersonCAD TechnicianAlex DupeyDirector Planning ServicesRyan MottauSenior Project ManagerCasey HowardSr Project AssociateLauren Scott Patrick WareAssociate Planner Project AssociateJustin MartinAGENDA ITEM #6. f) Exhibit D-2: Consultant Fee Determination - Renton ConnectorHours @$241.85Hours @$188.18Hours @$168.86Hours @$160.29Hours @$145.62Hours @$88.02Hours @$108.76Hours @$210.36Hours @$158.15Hours @$99.45Hours @$133.08Hours @$128.08Hours @$154.84Hours @$124.51Hours @$87.30Hours @$78.88Hours @$83.34QA/QC Reviewer(Landscape Architect IV)Vanessa HostetterProject Engineer(Engineer V)Dave Rodgers Nathan PolanskiProject Engineer(Engineer VI)Lolly KunklerPrincipal EngineerProject Manager(Senior Engineer VI)Kim HoukalProject Engineer(Engineer IV)Sr Project AssistantJordan LewisLandscape ArchitectSakaru TsuchiyaMIG StaffKathy Gwilym Melanie DaviesHours TotalAll Inclusive Hourly Billing Rate CostTotalQA/QC Reviewer(Principal Engineer) Landscape Architect VBatseba FukurEngineer IJennifer AndersonCAD TechnicianAlex DupeyDirector Planning ServicesRyan MottauSenior Project ManagerCasey HowardSr Project AssociateLauren Scott Patrick WareAssociate Planner Project AssociateJustin Martin10Public Outreach10.1Business and Stakeholder Meetings (Phase 1 )$0.00 12 $2,258.16 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 12 $1,897.80$0.00 $0.00 $0.00 16 $2,477.44$0.00 $0.00 8 $631.04 $0.00 48$7,264.4410.2Design Focus Groups (Phase 1)$0.00 12 $2,258.16 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 12 $1,897.80$0.00 $0.00 $0.00 24 $3,716.16 $0.00 24 $2,095.20 $0.00 $0.00 72$9,967.3210.3Public Event #1 - Concepts Input and Design$0.00 6 $1,129.08 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 12 $1,897.80 $0.00$0.00 $0.00 24 $3,716.16 20 $2,490.2040 $3,492.00 8 $631.04 12 $1,000.08 122$14,356.3610.4Public Event #2 - 10% Design$0.00 6 $1,129.08 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 8 $1,265.20 $0.00$0.00 $0.00 24 $3,716.16 20 $2,490.2040 $3,492.00 8 $631.04 12 $1,000.08 118$13,723.7610.5Committee of the Whole Coordination4 $967.40 12 $2,258.16 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 8 $1,265.20 $0.00 $0.00 $0.00 36 $5,574.24 $0.00 $0.00 $0.00 $0.00 60$10,065.0010.6Project Landing Page Content $0.00 2 $376.36 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 2 $316.30 $0.00$0.00 $0.00 8 $1,238.72 $0.00 24$2,095.20 24 $1,893.12 $0.00 60$5,919.7010.7Public Engagement Summary $0.00 2 $376.36 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2 $316.30 $0.00 $0.00 $0.00 6$929.04 $0.00 $0.00 16 $1,262.08 $0.00 26$2,883.78Subtotal4 $967.40 52 $9,785.36 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 56 $8,856.400 $0.00 0 $0.00 0 $0.00 138 $21,367.92 40$4,980.40128$11,174.4064$5,048.3224$2,000.16506$64,180.3611Permitting Support11.1Permit Support 2 $483.70 16 $3,010.88 $0.00 $0.00 8 $1,164.96 $0.00 8 $870.08 $0.00 6 $948.90 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 40$6,478.52Subtotal2 $483.70 16 $3,010.88 0 $0.00 0 $0.00 8$1,164.96 0 $0.00 8 $870.08 0 $0.00 6$948.90 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.0040$6,478.5212Right of Way Documentation Support12.1Right-of-Way Documentation Support4 $967.40 16 $3,010.88 $0.00 $0.00 16 $2,329.92 $0.00 24 $2,610.24 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 60$8,918.44Subtotal4 $967.40 16 $3,010.88 0 $0.00 0 $0.00 16$2,329.92 0 $0.00 24 $2,610.24 0 $0.00 0$0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.0060$8,918.441350% PS&E13.1Plans, Specifications and Estimate 8 $1,934.80 86 $16,183.48 64 $10,807.04 8 $1,282.32 164 $23,881.68 206 $18,132.12 295 $32,084.20 24 $5,048.64 87$13,759.05 180 $17,901.00 16 $2,129.28 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1138$143,143.6113.2Design Reporting 8 $1,934.80 24 $4,516.32 24 $4,052.6416 $2,564.64 $0.00 56 $4,929.12 $0.00$0.00 2 $316.30 8 $795.60 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 138$19,109.4213.3BNSF Coordination 4 $967.40 8 $1,505.44 $0.00 $0.00 16 $2,329.92 $0.00 8 $870.08 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 36$5,672.8413.4Constructability Workshop 4 $967.40 8 $1,505.44 8 $1,350.88 $0.00 4$582.48 $0.00 $0.00 $0.00 4 $632.60 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 28$5,038.8013.5Structural Design2 $483.70 8 $1,505.44 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10$1,989.14Subtotal26 $6,288.10 134 $25,216.12 96 $16,210.56 24 $3,846.96 184 $26,794.08 262 $23,061.24303 $32,954.28 24 $5,048.64 93$14,707.95 188 $18,696.60 16 $2,129.28 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.001350$174,953.8114100% PS&E14.1Plans, Specifications and Estimate 5 $1,209.25 73 $13,737.14 66 $11,144.76 4 $641.16 132 $19,221.84 200 $17,604.00 284 $30,887.84 24 $5,048.64 78 $12,335.70 176 $17,503.20 16 $2,129.28 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1058$131,462.8114.2Design Reporting 4 $967.40 24 $4,516.32 16 $2,701.76 8$1,282.32 $0.00 32 $2,816.64 $0.00 $0.00 1 $158.15 4 $397.80 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 89$12,840.3914.3BNSF Coordination 2 $483.70 8 $1,505.44 $0.00 $0.00 12 $1,747.44 $0.00 4 $435.04 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 26$4,171.6214.4Constructability Workshop 4 $967.40 8 $1,505.44 8 $1,350.88 $0.00 4$582.48 $0.00 $0.00 $0.00 4 $632.60 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 28$5,038.8014.5Structural Design1 $241.85 8 $1,505.44 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 9$1,747.29Subtotal16 $3,869.60 121 $22,769.78 90 $15,197.40 12 $1,923.48 148 $21,551.76 232 $20,420.64288 $31,322.88 24 $5,048.64 83$13,126.45 180 $17,901.00 16 $2,129.28 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.001210$155,260.9115Bid Set PS&E15.1Draft Bid Set 4 $967.40 32 $6,021.76 40 $6,754.40 $0.00 24 $3,494.88 40 $3,520.80 80 $8,700.80 12 $2,524.32 16 $2,530.40 32 $3,182.40 8 $1,064.64 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 288$38,761.8015.2Final Bid Set 4 $967.40 16 $3,010.88 24 $4,052.64 $0.00 12 $1,747.44 32 $2,816.64 40 $4,350.40 4 $841.44 4 $632.60 12 $1,193.40 4$532.32 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 152$20,145.16Subtotal8 $1,934.80 48 $9,032.64 64 $10,807.040 $0.00 36 $5,242.32 72 $6,337.44 120$13,051.20 16 $3,365.76 20 $3,163.00 44$4,375.80 12 $1,596.96 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00440$58,906.9616Greenroads Documentation Support16.1Coordination with City for Greenroads Rating Approach6 $1,451.10 12 $2,258.16 $0.00 $0.00 8 $1,164.96 $0.00 $0.00 $0.00 2 $316.30 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 28$5,190.5216.2Document for Project Requirements and Core Credits20 $4,837.00 40 $7,527.20 $0.00 $0.0070 $10,193.40 150 $13,203.00 8 $870.08 $0.00 4 $632.60 8 $795.60 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 300$38,058.88Subtotal26 $6,288.10 52 $9,785.36 0 $0.00 0 $0.0078 $11,358.36 150 $13,203.00 8 $870.08 0 $0.00 6 $948.90 8 $795.60 0 $0.00 0 $0.000 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00328$43,249.40201 $48,611.85 1116 $210,008.88 360 $60,789.60 48 $7,693.92 750 $109,215.00 962 $84,675.24 951 $103,430.76 82 $17,249.52 398 $62,943.70 758 $75,383.10 58 $7,718.64 36 $4,610.88 146 $22,606.64 40 $4,980.40 128 $11,174.40 64 $5,048.32 24 ######## 6,122 $838,140.10ALL INCLUSIVE HOURLY BILLING RATE COST$838,140.10TOTAL CONSULTANT ALL INCLUSIVE HOURLY RATE COST$838,140.10Professional Time and Costs SubtotalAGENDA ITEM #6. f) Overhead NTE* Fixed Fee NTE 167.66% 30.00% Principal $95.19 $159.60 $28.56 $283.34 Principal $81.25 $136.22 $24.38 $241.85 Principal $71.63 $120.09 $21.49 $213.21 Principal $70.67 $118.49 $21.20 $210.36 Principal Landscape Architecture $56.73 $95.11 $17.02 $168.86 Director Urban Strategy and Development $84.14 $141.07 $25.24 $250.45 Senior Engineer VII $70.19 $117.68 $21.06 $208.93 Senior Engineer VI $63.22 $105.99 $18.97 $188.18 Engineer VI $56.73 $95.11 $17.02 $168.86 Engineer V $53.85 $90.28 $16.16 $160.29 Engineer V $53.85 $90.28 $16.16 $160.29 Engineer V $53.37 $89.48 $16.01 $158.86 Engineer IV $48.92 $82.02 $14.68 $145.62 Engineer I $29.33 $49.17 $8.80 $87.30 Engineer I $29.57 $49.58 $8.87 $88.02 Engineer I $29.50 $49.46 $8.85 $87.81 Landscape Architect V $53.13 $89.08 $15.94 $158.15 Landscape Architect IV $44.71 $74.96 $13.41 $133.08 Landscape Architect IV $42.55 $71.34 $12.77 $126.65 Landscape Architect III $33.41 $56.02 $10.02 $99.45 Landscape Architect I $32.93 $55.21 $9.88 $98.02 Landscape Designer II $29.81 $49.98 $8.94 $88.73 Landscape Designer II $25.96 $43.52 $7.79 $77.27 Landscape Intern $24.00 $40.24 $7.20 $71.44 CAD Senior $42.55 $71.34 $12.77 $126.65 CAD Mid/Senior $36.54 $61.26 $10.96 $108.76 Office Manager $43.03 $72.14 $12.91 $128.08 Office Associate $27.65 $46.36 $8.30 $82.30 Project Assistant $33.25 $55.75 $9.98 $98.97 Director Planning Services $52.02 $87.22 $15.61 $154.84 Sr Project Manager $41.83 $70.13 $12.55 $124.51 Sr Project Associate $29.33 $49.17 $8.80 $87.30 Associate Planner $26.50 $44.43 $7.95 $78.88 Project Associate $28.00 $46.94 $8.40 $83.34 Agreement: General Services Office Rate MIG, Inc. Job Classifications Direct Labor Hourly  Billing Rate NTE All Inclusive Hourly Billing  Rate NTE AGENDA ITEM #6. f) February 24, 2021 MIG, Inc. 615 2nd Avenue #280 Seattle, WA 98104 Subject: Acceptance FYE 2019 ICR – Risk Assessment Review Dear Fredia Flowers: Based on Washington State Department of Transportation’s (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2019 ICR of 167.66% (rate includes 0.82% Facilities Capital Cost of Money). This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah AGENDA ITEM #6. f) Exhibit E Subconsultant Fee Determination - Summary Sheet: Alta Planning + Design Project: Renton Connector All Inclusive Hourly Billing Rate: Classification Hours = All Inclusive Hourly Billing Rate = Cost Principal Planner 106 X $213.54 $22,635.24 Engineer Level I $122.76 $0.00 Senior Engineer $133.97 $0.00 Principal $233.84 $0.00 All Inclusive Hourly Billing Rate Cost Total = $22,635.24 Reimbursable Estimate: See fee determination worksheet for summary $193.75 Reimbursable Estimate Total $193.75 Total $22,828.99 Prepared By: Alta Planning + Design Date:10/26/2021 Page 1 of 1 AGENDA ITEM #6. f) Exhibit E-2: Consultant Fee Determination Project: Renton Connector ALTA PLANNING + DESIGN - Fee Determination Worksheet Hours @ $213.54 2 Due Diligence and Document Review 2.1 Kickoff Workshop 4 $854.16 4 $854.16 2.2 Regulatory and Jurisdictional Requirements $0.00 0 $0.00 2.3 Document Review and Project Context 8 $1,708.32 8 $1,708.32 2.4 Existing Tree Evaluation $0.00 0 $0.00 Subtotal 12 $2,562.48 12 $2,562.48 5 Active Transportation Design ` 5.1 Programming 8 $1,708.32 8 $1,708.32 5.2 Concept Alternatives, Intersections 18 $3,843.72 18 $3,843.72 5.3 Concept Alternatives, Segments 24 $5,124.96 24 $5,124.96 5.4 Evaluation and Recommendation of Preferred Action 8 $1,708.32 8 $1,708.32 Subtotal 58 $12,385.32 58 $12,385.32 9 10% Design and Design Report 9.1 Draft Plans 16 $3,416.64 16 $3,416.64 9.2 Draft Cost Estimate $0.00 0 $0.00 9.3 Draft Design Report $0.00 0 $0.00 9.4 10% Design and Design Report $0.00 0 $0.00 Subtotal 16 $3,416.64 16 $3,416.64 10 Public Outreach 10.1 Business and Stakeholder Meetings (Phase 1 )$0.00 0 $0.00 10.2 Design Focus Groups (Phase 1)4 $854.16 4 $854.16 10.3 Public Event #1 - Concepts Input and Design 4 $854.16 4 $854.16 10.4 Public Event #2 - 10% Design 4 $854.16 4 $854.16 10.5 Committee of the Whole Coordination $0.00 0 $0.00 10.6 Project Landing Page Content $0.00 0 $0.00 10.7 Public Engagement Summary $0.00 0 $0.00 Subtotal 12 $2,562.48 12 $2,562.48 13 50% PS&E 13.1 Plans, Specifications and Estimate 8 $1,708.32 8 $1,708.32 13.2 Design Reporting $0.00 0 $0.00 13.3 BNSF Coordination $0.00 0 $0.00 13.4 Constructability Workshop $0.00 0 $0.00 13.5 Structural Design Subtotal 8 $1,708.32 8 $1,708.32 106 $22,635.24 106 $22,635.24 TOTAL CONSULTANT DIRECT SALARY COST $22,635.24 DIRECT EXPENSES ESTIMATE Parking ($10/trip)5 trips $50.00 Mileage - $0.575/mi 250 miles $143.75 TOTAL $193.75 Professional Time and Costs Subtotal Steve Durrant Principal Planner Alta Planning + Design Staff Hours Total Direct Salary Cost (DSC) Total AGENDA ITEM #6. f) Overhead NTE* Fixed Fee NTE 176.28% 30.00% Principal Planner $69.72 $122.90 $20.92 $213.54 Engineer Level I $40.08 $70.65 $12.02 $122.76 Senior Engineer $43.74 $77.10 $13.12 $133.97 Principal $76.35 $134.59 $22.91 $233.84 Agreement: General Services Office Rate Alta Planning + Design Job Classifications Direct Labor Hourly Billing Rate NTE All Inclusive Hourly Billing Rate NTE AGENDA ITEM #6. f) AGENDA ITEM #6. f) Exhibit E Subconsultant Fee Determination - Summary Sheet: Concord Engineering Project: Renton Connector All Inclusive Hourly Billing Rate : Classification Hours = All Inclusive Hourly Billing Rate = Cost Senior Engineer 272 $130.26 $35,430.72 Senior Engineer 98 $150.83 $14,781.34 Senior Engineer 68 $185.11 $12,587.48 Principal Engineer 12 $187.39 $2,248.68 Associate Engineer 462 $100.55 $46,454.10 Assistant Engineer 406 $85.70 $34,794.20 Assistant Engineer 530 X $89.13 $47,238.90 All Inclusive Hourly Billing Rate Cost Total = $193,532.74 Reimbursable Estimate : See fee determination worksheet for summary $245.00 Reimbursable Estimate Total $245.00 Total $193,777.74 Prepared By: Concord Engineering Date:10/28/2021 Page 1 of 1 AGENDA ITEM #6. f) Exhibit E-2: Consultant Fee Determination Project: Renton Connector CONCORD ENGINEERING - Fee Determination Worksheet Hours @ $130.26 Hours @ $150.83 Hours @ $185.11 Hours @ $187.39 Hours @ $100.55 Hours @ $89.13 Hours @ $85.70 Hours @ $89.13 2 Due Diligence and Document Review 2.1 Kickoff Workshop 10 $1,303 $0 $0 $0 10 $1,006 $0 $0 $0 20 $2,308 2.2 Regulatory and Jurisdictional Requirements $0 $0 $0 $0 $0 $0 $0 $0 0 $0 2.3 Document Review and Project Context $0 $0 $0 $0 $0 $0 $0 $0 0 $0 2.4 Existing Tree Evaluation $0 $0 $0 $0 $0 $0 $0 $0 0 $0 Subtotal 10 $1,303 0 $0 0 $0 0 $0 10 $1,006 0 $0 0 $0 0 $0 20 $2,308 4 Evaluation 4.1 Circulation Analysis 18 $2,345 $0 26 $4,813 $0 90 $9,050 $0 18 $1,543 $0 152 $17,750 4.2 Signal Operations and Intersection Channelization 18 $2,345 $0 36 $6,664 $0 96 $9,653 $0 44 $3,771 $0 194 $22,432 4.3 Parking Evaluation 18 $2,345 $0 $0 $0 44 $4,424 $0 44 $3,771 $0 106 $10,540 4.4 BNSF Coordination 12 $1,563 8 $1,207 $0 $0 12 $1,207 $0 22 $1,885 $0 54 $5,862 4.5 Transit Coordination 18 $2,345 $0 6 $1,111 $0 34 $3,419 $0 $0 $0 58 $6,874 Subtotal 84 $10,942 8 $1,207 68 $12,587 0 $0 276 $27,752 0 $0 128 $10,970 0 $0 564 $63,457 9 10% Design and Design Report 9.1 Draft Plans 26 $3,387 8 $1,207 $0 2 $375 36 $3,620 86 $7,665 $0 $0 158 $16,253 9.2 Draft Cost Estimate 2 $261 2 $302 $0 $0 6 $603 16 $1,426 $0 $0 26 $2,592 9.3 Draft Design Report 2 $261 2 $302 $0 $0 10 $1,006 4 $357 $0 $0 18 $1,924 9.4 10% Design and Design Report 2 $261 2 $302 $0 $0 4 $402 $0 $0 $0 8 $964 Subtotal 32 $4,168 14 $2,112 0 $0 2 $375 56 $5,631 106 $9,448 0 $0 0 $0 210 $21,733 13 50% PS&E 13.1 Plans, Specifications and Estimate 54 $7,034 28 $4,223 $0 4 $750 54 $5,430 214 $19,074 148 $12,684 $0 502 $49,194 13.2 Design Reporting $0 $0 $0 $0 $0 $0 $0 $0 0 $0 13.3 BNSF Coordination $0 $0 $0 $0 $0 $0 $0 $0 0 $0 13.4 Constructability Workshop $0 $0 $0 $0 $0 $0 $0 $0 0 $0 13.5 Structural Design 4 $521 2 $302 $0 $0 $0 $0 $0 $0 6 $823 Subtotal 58 $7,555 30 $4,525 0 $0 4 $750 54 $5,430 214 $19,074 148 $12,684 0 $0 508 $50,017 MIG, Inc. Senior Engineer Assistant Engineer Aaron King Concord Engineering Staff Brennan Niehoff Hours Total All Inclusive Hourly Billing Rate Cost Total Assistant Engineer Assistant Engineer Yilin Wang Associate Engineer Steve Diebol Tony Woody Principal Engineer Xiaoping Zhang Senior Engineer Syed Rahman Senior Engineer Page 1 of 2 AGENDA ITEM #6. f) Exhibit E-2: Consultant Fee Determination Project: Renton Connector CONCORD ENGINEERING - Fee Determination Worksheet Hours @ $130.26 Hours @ $150.83 Hours @ $185.11 Hours @ $187.39 Hours @ $100.55 Hours @ $89.13 Hours @ $85.70 Hours @ $89.13 Senior Engineer Assistant Engineer Aaron King Concord Engineering Staff Brennan Niehoff Hours Total All Inclusive Hourly Billing Rate Cost Total Assistant Engineer Assistant Engineer Yilin Wang Associate Engineer Steve Diebol Tony Woody Principal Engineer Xiaoping Zhang Senior Engineer Syed Rahman Senior Engineer 14 100% PS&E 14.1 Plans, Specifications and Estimate 54 $7,034 36 $5,430 $0 4 $750 42 $4,223 168 $14,974 88 $7,542 $0 392 $39,952 14.2 Design Reporting $0 $0 $0 $0 $0 $0 $0 $0 0 $0 14.3 BNSF Coordination $0 $0 $0 $0 $0 $0 $0 $0 0 $0 14.4 Constructability Workshop $0 $0 $0 $0 $0 $0 $0 $0 0 $0 14.5 Structural Design 4 $521 2 $302 $0 $0 $0 $0 $0 $0 6 $823 Subtotal 58 $7,555 38 $5,732 0 $0 4 $750 42 $4,223 168 $14,974 88 $7,542 0 $0 398 $40,775 15 Bid Set PS&E 15.1 Draft Bid Set 22 $2,866 4 $603 $0 $0 16 $1,609 30 $2,674 30 $2,571 $0 102 $10,323 15.2 Final Bid Set 8 $1,042 4 $603 $0 2 $375 8 $804 12 $1,070 12 $1,028 $0 46 $4,923 Subtotal 30 $3,908 8 $1,207 0 $0 2 $375 24 $2,413 42 $3,743 42 $3,599 0 $0 148 $15,245 272 $35,431 98 $14,781 68 $12,587 12 $2,249 462 $46,454 530 $47,239 406 $34,794 0 $0 1,848 193,533 TOTAL CONSULTANT ALL INCLUSIVE HOURLY BILLING RATE SALARY COST $193,532.74 DIRECT EXPENSES Parking ($10/trip)5 trips $50 Carshare (3 hr/trip @ $13 hr = $39)5 trips $195 TOTAL $245.00 Professional Time and Costs Subtotal Page 2 of 2 AGENDA ITEM #6. f) Overhead NTE* Fixed Fee NTE 98.53% 30.00% Senior Engineer $57.00 $56.16 $17.10 $130.26 Senior Engineer $66.00 $65.03 $19.80 $150.83 Senior Engineer $81.00 $79.81 $24.30 $185.11 Associate Engineer $82.00 $80.79 $24.60 $187.39 Assistant Engineer $44.00 $43.35 $13.20 $100.55 Associate Engineer $37.50 $36.95 $11.25 $85.70 Assistant Engineer $39.00 $38.43 $11.70 $89.13 Agreement: General Services Office Rate Concord Engineering, Inc. Job Classifications Direct Labor Hourly Billing Rate NTE All Inclusive Hourly Billing Rate NTE AGENDA ITEM #6. f) October 27, 2021 Concord Engineering 1109 1st Avenue, Suite 212 Seattle, WA 98101 Subject: Acceptance FYE 2020 ICR - Provisional Dear Xiaoping Zhang: We have provisionally accepted your firms FYE 2020 Indirect Cost Rate (ICR) of 98.53% based on the economic hardship determined by WSDOT Audit Office. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate is effective 180 days following your current fiscal year end and per terms and conditions of applicable agreements. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah AGENDA ITEM #6. f) Exhibit E Subconsultant Fee Determination - Summary Sheet Project: Renton Connector Subconsultant: Furtado & Associates, Inc. (formerly Lin & Associaes) All Inclusive Hourly Billing Rate: Classification Hours = All Inclusive Hourly Billing Rate =Cost Principal-In-Charge 24 X $267.32 $6,415.78 Survey Manager 104 X $178.68 $18,582.50 Sr. Suvey Tech 260 X $114.96 $29,890.46 Chief of Parties 170 X $113.58 $19,308.29 Survey Tech 170 X $90.72 $15,423.09 Field Surveyor 170 X $77.57 $13,186.15 Sr. Project Admin 20 X $128.12 $2,562.44 All Inclusive Hourly Billing Rate Cost Total =$105,368.71 Reimbursable Estimate:units at Cost Survey Vehicle Usage $60/day, per vehicle 27 60 $1,620.00 Parking 2 15 $30.00 Copies 200 0.1 $20.00 3D Scanner $600/day 5 600 $3,000.00 Traffic Control $100/hour 12 100 $1,200.00 APS Potholing $2,330/pothole 0 2330 $0.00 APS Underground Locates $95/hour 50 95 $4,750.00 Reimbursable Estimate Total $10,620.00 Total $115,988.71 Prepared By: Joel Yeager Date:6/8/2021 Page 1 of 1 AGENDA ITEM #6. f) Exhibit E-2: Consultant Fee Determination Project: Renton Connector FURTADO & ASSOCIATES (Formerly LIN & ASSOCIATES) Hours @ $267.32 Hours @ $178.68 Hours @ $114.96 Hours @ $113.58 Hours @ $90.72 Hours @ $77.57 Hours @ $128.12 3 Project Survey and Base Mapping 3.1 Establish Survey Control 2 $535 20 $3,574 10 $1,150 10 $1,136 10 $907 10 $776 6 $769 68 $8,845 3.2 Field Survey 8 $2,139 28 $5,003 140 $16,094 140 $15,901 140 $12,701 140 $10,860 6 $769 602 $63,467 3.3 Establish Existing Right-of-Way (R/W)12 $3,208 52 $9,291 96 $11,036 $0 $0 $0 6 $769 166 $24,304 3.4 Additional Survey Support 2 $535 4 $715 14 $1,609 20 $2,272 20 $1,814 20 $1,551 2 $256 82 $8,752 24 $6,416 104 $18,583 260 $29,890 170 $19,309 170 $15,422 170 $13,187 20 $2,562 918 $105,368 24 $6,416 104 $18,583 260 $29,890 170 $19,309 170 $15,422 170 $13,187 20 $2,562 918 $105,369 TOTAL CONSULTANT ALL INCLUSIVE HOURLY BILLING RATE SALARY COST $105,368.71 Professional Time and Costs Subtotal Alfonso Manalo Chief of Parties Richard Reis Earl Bone Sr. Survey Tech Darryn MacDougall Principal in Charge Survey Manager Survey Tech Colin Sweany Furtado & Associates Staff Peter Goode Jessica Goldsberry Hours Total All Inclusive Hourly Billing Rate Cost Total Field Surveyor Sr. Project Admin AGENDA ITEM #6. f) Overhead NTE* Fixed Fee NTE 147.02% 30.00% Principal‐In‐Charge $96.50 $141.87 $28.95 $267.32 Survey Manager $64.50 $94.83 $19.35 $178.68 Sr. Suvey Tech $41.50 $61.01 $12.45 $114.96 Chief of Parties $41.00 $60.28 $12.30 $113.58 Survey Tech $32.75 $48.15 $9.83 $90.72 Field Surveyor $28.00 $41.17 $8.40 $77.57 Sr. Project Admin $46.25 $68.00 $13.88 $128.12 Agreement: General Services Office Rate Furtado & Associates, Inc. (formerly Lin & Associaes) Job Classifications Direct Labor Hourly  Billing Rate NTE All Inclusive Hourly Billing  Rate NTE AGENDA ITEM #6. f) August 6, 2021 Furtado & Associates, Inc. formerly Lin & Associates, Inc. 901 Fifth Avenue, Suite 2710 Seattle, WA 98164 Subject: Acceptance FYE 2020 ICR Audit Office Review Dear Jessica Goldsberry: 20 Indirect Cost Rate (ICR) as follows: Home Office: 147.02% of direct labor Field Office: 111.69% direct labor This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:mya AGENDA ITEM #6. f) Exhibit E‐1 Subconsultant Fee Determination ‐ Summary Sheet Project: Renton Connector Subconsultant: GeoEngineers, Inc. All Inclusive Hourly Billing Rate: Classification Hours = All Inclusive Hourly Billing  Rate = Cost Geotech Principal 13 X $322.05 $4,186.65 Geotech Senior Engineer 48 X $207.88 $9,978.47 Geotech Project Engineer 48 X $144.46 $6,933.90 Staff Geologist 14 X $110.86 $1,552.05 Admin 12 X $115.24 $1,382.93 Accounting 2 X $91.69 $183.38 All Inclusive Hourly Billing  Rate Cost Total = $24,217.38 Reimbursable Estimate:units at Cost Mileage ‐ $0.56/mi (Task 8) 100 $ 0.575 $57.50 Laboratory Testing (Task 8) 1 2500 $2,500.00 Subcontracted Drilling (Task 8) 1 $ 8000 $8,000.00 Subcontracted Utility Locate (Task 8) 1 $ 200 $200.00 Subcontracted Traffic Control (Task 8) 1 $ 2200 $2,200.00 Reimbursable Estimate Total $12,957.50 Total $37,174.88 Prepared By:    Timothy D. Bailey, PE Date: 6/23/2021 Page 1 of 1 AGENDA ITEM #6. f) Exhibit E-2: Consultant Fee DeterminationProject: Renton ConnectorGEOENGINEERS - Fee Determination WorksheetHours @ $322.05 Hours @ $207.88 Hours @ $144.46 Hours @ $110.86 Hours @ $115.24 Hours @ $91.697Geotechnical Investigation7.1Project Coordination Meetings 3 $966 9 $1,871 $0 $0 $0 $0 12$2,8377.2Field Explorations 2 $644 8 $1,663 8 $1,156 12 $1,330 4 $461 1 $92 35$5,3467.3Laboratory Testing$0 1 $208 2 $289 2 $222 2 $230 $0 7$9497.4Geotechnical Engineering Analyses and Report6 $1,932 12 $2,495 24 $3,467 $0 6 $691 1 $92 49$8,6777.5Review of Construction Documents 2 $644 4 $832 4 $578 $0 $0 $0 10$2,053Subtotal13 $4,187 34 $7,068 38 $5,489 14 $1,552 12 $1,383 2 $183113$19,86216Greenroads Documentation Support16.1Coordination with City for Greenroads Rating Approach$0 4 $832 $0 $0 $0 $0 4$83216.2Document for Project Requirements and Core Credits$0 10 $2,079 10 $1,445 $0 $0 $0 20$3,523Subtotal 0 14 10 0 0 0 $4,35513 $4,187 48 $8,523 48 $6,212 14 $1,552 12 $1,383 2 $183 125 $24,217TOTAL CONSULTANT ALL INCLUSIVE HOURLY BILLING RATE SALARY COST$24,217.38Professional Time and Costs SubtotalWade WorthingStaff GeologistShaun Stauffer Timothy BaileyGeotech Project EngineerKatherine BookerGeotech Principal Geotech Senior Engineer AdminNina DuforeGeoEngineers StaffValerie SpencerHours TotalAll Inclusive Hourly Billing Rate Cost TotalAccountingAGENDA ITEM #6. f) Overhead NTE* Fixed Fee NTE 197.12% 30.00% Geotech Principal $98.45 $194.06 $29.54 $322.05 Geotech Senior Engineer $63.55 $125.27 $19.07 $207.88 Geotech Project Engineer $44.16 $87.05 $13.25 $144.46 Staff Geologist $33.89 $66.80 $10.17 $110.86 Admin $35.23 $69.45 $10.57 $115.24 Accounting $28.03 $55.25 $8.41 $91.69 Agreement: General Services Office Rate GeoEngineers, Inc. Job Classifications Direct Labor Hourly  Billing Rate NTE All Inclusive Hourly Billing  Rate NTE AGENDA ITEM #6. f) AGENDA ITEM #6. f) AGENDA ITEM #6. f) AGENDA ITEM #6. f) Exhibit E Subconsultant Fee Determination - Summary Sheet Project: Renton Connector Subconsultant: MLA All Inclusive Hourly Billing Rate: Classification Hours = All Inclusive Hourly Billing Rate =Cost Principal 27 X $189.42 $5,114.33 Design Engineer 80 X $144.52 $11,561.71 Sr CAD Technician 26 X $79.05 $2,055.21 All Inclusive Hourly Billing Rate Cost Total =$18,731.25 Reimbursable Estimate:units at Cost Parking 4 $10 $40.00 Mileage - $0.56/mi 200 $0.56 $112.00 Reimbursable Estimate Total $152.00 Total $18,883.25 Prepared By: Serena Baxter Date:8/3/2021 Page 1 of 1 AGENDA ITEM #6. f) Exhibit E-2: Consultant Fee Determination Project: Renton Connector MLA - Fee Determination Worksheet Hours @ $189.42 Hours @ $144.52 Hours @ $79.05 13 50% PS&E 13.5 50% Plans (4 sheets) 4 $757.68 15 $2,168 12 $949 31 $3,874.08 13.5 50% Calculations 6 $1,136.52 20 $2,890 $0 26 $4,026.92 13.5 50% Specifications 2 $378.84 6 $867 $0 8 $1,245.96 QC 2 $378.84 3 $434 1 $79 6 $891.45 13.5 50% Cost Estimate Review 1 $189.42 2 $289 $0 3 $478.46 Subtotal 15 $2,841.30 46 $6,648 13 $1,028 74 $10,516.87 14 100% PS&E 14.5 100% Plans 3 $568.26 8 $1,156 8 $632 19 $2,356.82 14.5 100% Calculations 2 $378.84 8 $1,156 $0 10 $1,535.00 14.5 100% Specifications 2 $378.84 4 $578 $0 6 $956.92 QC 2 $378.84 3 $434 1 $79 6 $891.45 14.5 100% Cost Estimate Review 1 $189.42 1 $145 $0 2 $333.94 Subtotal 10 $1,894.20 24 $3,468 9 $711 43 $6,074.13 15 BID SET PS&E 15.1 Draft Bid Set 1 $189.42 5 $723 2 $158 8 $1,070.12 15.2 Final Bid Set 1 $189.42 5 $723 2 $158 8 $1,070.12 Subtotal 2 $378.84 10 $1,445 4 $316 16 $2,140.24 27 $5,114.34 80 $11,562 26 $2,055 133 $18,731.25 TOTAL CONSULTANT ALL INCLUSIVE HOURLY BILLING RATE SALARY COST $18,731.25 DIRECT EXPENSES ESTIMATE Parking ($10/trip)$40.00 Mileage - $0.56/mi $112.00 TOTAL $152.00 Professional Time and Costs Subtotal Michael Leonard Serena Baxter Sr CAD Technician Allan Bongolan Principal Design Engineer MLA Staff Hours Total All Inclusive Hourly Billing Rate Cost Total AGENDA ITEM #6. f) Overhead NTE* Fixed Fee NTE 113.22%30.00% Principal $77.88 $88.18 $23.36 $189.42 Design Engineer $59.42 $67.28 $17.83 $144.52 Sr CAD Technician $32.50 $36.80 $9.75 $79.05 Agreement: General Services Office Rate MLA Job Classifications Direct Labor Hourly Billing Rate NTE All Inclusive Hourly Billing Rate NTE AGENDA ITEM #6. f) AGENDA ITEM #6. f) AB - 3119 City Council Regular Meeting - 02 May 2022 SUBJECT/TITLE: Amendment No. 4 to CAG-19-313 with Otak, Inc. for the Monroe Avenue NE Storm Improvement Project RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Kevin Evans, Civil Engineer III EXT.: 7264 FISCAL IMPACT SUMMARY: The cost of Amendment No. 4 to CAG-19-313 is $1,145,100. The approved 2022 project budget equals $5,450,000 and there is sufficient budget to fund this amendment. This project is also partially funded by a Washington State Department of Ecology design and construction grant in the amount of $4,797,875 which will be added to the budget through the second quarter budget adjustment. SUMMARY OF ACTION: The Monroe Ave NE Storm Improvement Project will construct storm water quality treatment and infiltration facility at 301 Monroe Ave NE to serve a 245-acre subbasin located in the Renton Highlands and President Park neighborhoods. This subbasin does not ha ve an adequate connection to a downstream conveyance system or waterbody. Due to this deficiency and the resulting flooding on Monroe Ave NE, the city entered into an agreement with Segale Properties for a temporary easement that allowed the city to constr uct and maintain overflow pipes that discharge to their property at 301 Monroe Ave NE. In 2018, Segale requested a special fill and grade permit to fill and redevelop their site and have since been filling the site at a moderately quick rate. As such the Surface Water Utility is anticipating the termination of the easement agreement is approaching. This would signify the loss of a critical overflow path that has played an essential role in preventing flooding on Monroe Ave NE. The city has been in negotiation with Segale Properties for the purchase of a permanent easement for the development of an infiltration facility project to manage storm water from these subbasin. The Surface Water Utility is currently in the late stages of negotiating a permanent easement with Segale for the construction and future maintenance access of the proposed infiltration facility. The agreement for a permanent easement will be presented for city council consideration in the coming months. It is critical for the city to design and construct a permanent system to replace the loss of the existing overflow pipes. Proposed facilities are shown in Attachment A. The project adds 2.2 acres of infiltration chambers preceded by an enhanced storm water quality treatment facility. On October 30, 2019, the city entered a contract with Otak, Inc. for engineering design services of the project. In previous phases of the project, a preferred engineering solution was selected and designed to the 30% design level. This amendment covers Phase 3 of the project, which includes the engineering services required to complete final design of the project, as well as construction engineering support services. Tasks in this phase include: • Project management • SEPA permitting • Design plans AGENDA ITEM #6. g) • Design report • Specifications • Construction cost estimate • Potholing • Additional geotechnical investigations • Revised geotechnical evaluation • Hydraulic analysis • Construction management In addition to the tasks above, the project will be assessed for Envision sustainab ility credits during the design process. EXHIBITS: A. Amendment No. 4 B. Vicinity Map C. Site Map STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Amendment No. 4 to CAG-19-313 with Otak, Inc. in the amount of $1,145,100 for design services for the Monroe Ave NE Storm Improvement Project. AGENDA ITEM #6. g) AMENDMENT NO. 4 TO CAG-19-313 - AGREEMENT FOR MONROE AVENUE NE STORM SYSTEM IMPROVEMENTS THIS AMENDMENT, dated March 31, 2022, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Otak, Inc. (“Consultant”), a Washington corporation. The City and the Consultant are referred to collectively in this Amendment as the “Parties.” Once fully executed by the Parties, this Amendment is effective as of the last date signed by both parties. Whereas, the City engaged the services of the Consultant under Agreement CAG-19-313, dated September 30, 2019, to provide necessary services for the Monroe Avenue NE Storm System Improvement Project (referred to herein as the “Agreement”); Whereas, the Parties wish to amend the Agreement to change the scope of work, change the time for performance, and change the compensation in order to perform Phase 3 of the project. NOW THEREFORE, It is mutually agreed upon that CAG-19-313 is amended as follows: 1. Scope of Work: Section 1, Scope of Work, is amended to add work as specified in Exhibit A-4, which is attached and incorporated herein. 2. Time of Performance: Section 3, Time of Performance, is amended pursuant to the schedule(s) set forth in Exhibit C-4. All Work shall be performed by no later than December 31, 2024. 3. Compensation: Section 4, Compensation, is amended so that the maximum amount of compensation payable to Consultant is increased by $1,145,100.00 from $786,454.30 to $1,931,554.30, plus any applicable state and local sales taxes. The additional compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B-4, which is attached and incorporated herein. 4.All terms of the Agreement not explicitly modified herein shall remain in full force and effect and such terms shall apply to Work performed according to this Amendment as if fully set forth herein. AGENDA ITEM #6. g) PAGE 2 OF 2 IN WITNESS WHEREOF, the Parties have voluntarily entered into this Amendment as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Russ Gaston Vice President _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney Renton City Attorney Contract Template Updated 01-15-2020 AGENDA ITEM #6. g) FK:\Project\33200\33201A\CADD\GIS\MXDs\Phase 2\Figure1_SiteVicinityMap.mxdDate: 5/24/2021 Figure 2 Site Location ProjectLocation Puget Sound 1 inch = 1,000 feet 0 2,000Feet Legend Stream s Np - Non-Fish Ns - Non-Fish SeasonalLandslide Very H igh High Moderate Unclassified Seismic H azard Areas Wetlands Upper Balch Pit Basin Boundary NE 6TH ST NE 8TH ST NE 10TH ST MONROE AVE NENE 4TH STQUEEN AVE NEJEFFERSON AVE NEUNION AVE NEKC ACCESS RDNE 2ND ST Project Location AGENDA ITEM #6. g) 60' INGRESS/EGRESS & UTILITY EASEMENT SHORT PLAT LUA 01-090 LA PIANTA LIMITED PARTNERSHIP AFN 2002102800259460' INGRESS/EGRESS & UTILITY EASEMENTSHORT PLAT LUA 01-090MONROE AVENUE NENE 4TH STREET -EFFERSON AVENUE NENE 2ND STREET TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW UTILITY AFN 201807020000852 PSE EASEMENT AFN 2015101500515P.S.P. & L. CO. EASEMENTAFN 2571770, 3325304 & 3353433SCALE IN FEET HOR= 150 0 150 300 ATTACHMENT A AGENDA ITEM #6. g) 1  CITY OF RENTON, WASHINGTON    RESOLUTION NO. _______    A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE  MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF  RENTON AND KING COUNTY WATER DISTRICT #90 FOR THE TRANSFER OF FIVE   DOMESTIC WATER SERVICES FROM THE DISTRICT TO THE CITY.  WHEREAS, an agreement is needed for the transfer of water service for five existing water  customers from King County Water District #90 (“the District”) to the City of Renton (“the City”);  and   WHEREAS, the subject properties are within the existing City’s water service area,  therefore the transfer of service is consistent with City practices and policies, the City’s adopted  Water System Plan, and the East King County Coordinated Water System Plan; and   WHEREAS, the City can provide water service to the properties with connections to  existing City water mains in the vicinity of the properties;   WHEREAS, the District has agreed to reimburse the City for all costs associated with the  installation of the three ¾‐inch water services and two 1‐inch water services pursuant to the  current City of Renton Fee Schedule; and   WHEREAS, the City of Renton has agreed to waive the Water System Development Charge  for each transferred property;    NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO  RESOLVE AS FOLLOWS:  SECTION I. The Mayor and City Clerk are hereby authorized to enter into the  Agreement on Transfer of Water Service with King County Water District #90 for the transfer of  AGENDA ITEM # 8. a) RESOLUTION NO. _______  2  five domestic water services to the City, attached hereto as Exhibit “A” and incorporated by this  reference.  PASSED BY THE CITY COUNCIL this ______ day of _______________________, 2022.        ______________________________  Jason A. Seth, City Clerk     APPROVED BY THE MAYOR this ______ day of _______________________, 2022.        ______________________________  Armondo, Mayor            Approved as to form:      ______________________________  Shane Moloney, City Attorney    RES‐PW (Utilities):1905:3/15/22   AGENDA ITEM # 8. a) RESOLUTION NO. _______  3        EXHIBIT “A”  AGREEMENT ON TRANSFER OF WATER SERVICE  BETWEEN THE CITY OF RENTON AND KING COUNTY  WATER DISTRICT #90            AGENDA ITEM # 8. a)          Page ‐ 1  AGREEMENT ON TRANSFER OF WATER SERVICE   BETWEEN  THE CITY OF RENTON AND KING COUNTY WATER DISTRICT #90      THIS AGREEMENT is entered into this ____ day of ___________, 2022, by and between the CITY OF  RENTON, a Washington municipal corporation, hereinafter referred to as “City” and KING COUNTY WATER  DISTRICT #90, a Washington municipal corporation, hereinafter referred to as “District”,  1.1 WHEREAS, District and City are the owners and operators of water systems in King County,  Washington. The District’s corporate boundary overlaps and/or is adjacent to City’s corporate  boundary, and  1.2 WHEREAS, District currently provides water service by a 4‐inch steel water main and 8‐inch steel  water main to the following five properties, hereinafter referred to as the “Properties,” within its  corporate boundaries at the addresses listed below and as shown on Exhibit A:  1. 4519 NE 10th St (King County Tax Parcel ID 1023059075);  2. 4531 NE 10th St (King County Tax Parcel ID 1023059168);  3. 4637 NE 10th St (King County Tax Parcel ID 1023059112);  4. 1051 Chelan Ave NE (King County Tax Parcel ID 1023059133);   5. 1155 Duvall Ave NE (King County Tax Parcel ID 1023059378), and  1.3 WHEREAS, the District’s steel water mains are over 60 years old and at the end of their useful life,  are in need of replacement, and    1.4 WHEREAS, the District’s steel water mains are in conflict with proposed storm drain and frontage  improvements and adjacent site development, and    1.5 WHEREAS, the City provides water service within its service boundaries as established within the  City’s Comprehensive Water System Plan and has an existing 10‐inch ductile iron water main within  NE 10th St, an existing 16‐inch ductile iron water main within Duvall Ave NE, and existing 8‐inch  water main within Chelan Ave NE, and    1.6 WHEREAS, the City and the District believe that it would be in the best interest of the District, City,  and the Properties to transfer water service to City. The City is agreeable to providing water service  AGENDA ITEM # 8. a) Page ‐ 2  to the Properties that are within the City’s water service boundary identified within the City’s Water  System Plan, and    1.7 WHEREAS, District and City are authorized by Chapter 39.34 RCW to enter into inter‐local  agreements for joint action.  In consideration of the terms and conditions contained herein, the parties now agree as follows:  2.1 The District agrees to transfer to the City, water service to the Properties. In consideration of the  District’s transfer of the Properties, the City shall accept and provide water service to the Properties.  The City shall install new service laterals, make service connections to City water mains, and provide  new water meters. The District shall make extensions of the private service connections to  accommodate connection to the new water meters.     2.2  The City agrees to waive the Water System Development Charge for each Property. The District will  reimburse the City for time cost and materials per rates established under the City  of Renton Fee  Schedule to complete the work identified within this Agreement.    2.3 The parties agree to cooperate to effect the purpose of this Agreement and to execute any further  agreements or documents required for such customer transfer. The District will provide the  owners/residents of the Properties with a mailed notice regarding the proposed change of water  purveyor from the District to the City at least 45 days before the date of such transfer. The notice  shall provide information as to the meeting date before the District’s Board of Commissioners where  owners/residents will have an opportunity to comment on the transfer.      2.4 Each party shall approve this Agreement by appropriate resolution or ordinance and provide the  other party with a certified copy of the same. This Agreement shall take effect upon its approval by  the City’s City Council and the District’s Board of Commissioners. Each party represents to the other  that it has the full power and authority to enter into this Agreement. This Agreement may not be  terminated in whole or part by either parties or their successors in interest.     CITY OF RENTON    ATTEST             Armondo Pavone, Mayor  Jason Seth, City Clerk      Date  Approved as to Legal Form               Shane Moloney, City Attorney    AGENDA ITEM # 8. a) Page ‐ 3     KING COUNTY WATER DISTRICT #90    ATTEST             Darcey Peterson, General Manager  Name/Title:            Date  Approved as to Legal Form               Patrick Hanis, Water District Attorney    AGENDA ITEM # 8. a) Transfer of Services - KCWD90 to City of Renton Properties to be transferred (5) Properties purchased by Renton School District for proposed Renton Elementary #16 City of Renton water main King County Water District No. 90 water main 4" STEEL MAIN (KCWD90) TO BE ABANDONED 4" STEEL MAIN (KCWD90) TO BE ABANDONED 8" STEEL MAIN (KCWD90) TO BE ABANDONED 8" DUCTILE IRON WATER MAIN 8" DUCTILE IRON WATER MAIN 8" DUCTILE IRON WATER MAIN 10" DUCTILE IRON WATER MAIN 1 2 3 4 5 EXHIBIT A AGENDA ITEM # 8. a) 1  CITY OF RENTON, WASHINGTON    ORDINANCE NO. ________    AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING  SUBSECTION 2‐10‐5.A OF THE RENTON MUNICIPAL CODE BY ALLOWING  OWNERS OF A SMALL BUSINESS IN THE CITY OF RENTON TO BE MEMBERS OF  THE PLANNING COMMISSION, AUTHORIZING CORRECTIONS, PROVIDING FOR  SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.     WHEREAS, in 2008, Ordinance 5366 increased the number of the members of the  Planning Commission from seven (7) to nine (9); and   WHEREAS, the City has been deliberate in efforts to increase diverse racial backgrounds,  ages, and occupations of members of the Planning Commission and other City Commissions and  Committees, the increase to nine (9) members advanced those efforts more quickly; and  WHEREAS, historically, members have been required to be residents of the City of  Renton; and   WHEREAS, the insights and perspectives of owners of small businesses in the City on  development regulations and planning documents of the City would also be valuable;   NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO  ORDAIN AS FOLLOWS:  SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in  strikethrough and underline edits remain in effect and unchanged.  SECTION II. Subsection 2‐10‐5.A of the Renton Municipal Code is amended as follows:  2‐10‐5 MEMBERS:  A.    All Planning Commission members shall be residents or owners of a small  business in of the City of Renton. The number of Commission members that are  AGENDA ITEM # 8. a) ORDINANCE NO. ________  2  owners of a small business in, but not a resident of, the City is limited to no more  than two (2) members.  B.    Members shall be selected without respect to political affiliations, shall  serve without compensation, and the appointees shall constitute a cross section  of the community representing different interests, geographical areas, trades,  professions and activities.  C.    The Planning Commission shall elect its own chair, vice‐chair, and  secretary. It may create and fill such other offices as it may determine from time  to time.  D.    The Commission shall hold at least twelve (12) regular meetings in each  year.  SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct  the codifier to make necessary corrections to this ordinance, including the corrections of  scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or  regulations; or ordinance numbering and section/subsection numbering and references.  SECTION IV. If any section, subsection, sentence, clause, phrase, or work of this  ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,  such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other  section, subsection, sentence, clause, phrase or word of this ordinance.  SECTION V. This ordinance shall be in full force and effect thirty (30) days after  adoption.  No later than five (5) days prior to such effective date, a summary of this ordinance  consisting of its title shall be published in the City’s official newspaper.     AGENDA ITEM # 8. a) ORDINANCE NO. ________  3  PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.                         Jason A. Seth, City Clerk    APPROVED BY THE MAYOR this _______ day of _____________________, 2022.                         Armondo Pavone, Mayor    Approved as to form:             Shane Moloney, City Attorney  Date of Publication:      ORD‐CED:2214:4/27/22  AGENDA ITEM # 8. a)