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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, October 9, 2023 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Please note that this regular meeting of the Renton City Council is being offered as a hybrid meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S Grady Way, Renton, 98057 or remotely through Zoom. For those wishing to attend by Zoom: Please (1) click this link https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy/paste the URL 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. 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: o Click the link or 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.  A sign-in sheet is also available for those who attend in person. Video on Demand: Please click the following link to stream Council meetings live as they occur, or to select previously recorded meetings: Renton Channel 21 Video on Demand 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION a) National Hispanic Heritage Month - October 2023 4. ADMINISTRATIVE REPORT a) Administrative Report 5. AUDIENCE COMMENTS  All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow-up.  Speakers must sign-up prior to the Council meeting.  Each speaker is allowed three minutes.  When recognized, please state your name & city of residence for the record. 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 October 2, 2023. Council Concur b) AB - 3443 Community & Economic Development Department recommends approval of an agreement with Western Neon in the amount of $37,268.15 for the restoration, fabrication, and installation of a public art component within the Williams Streetscape Improvement project. Refer to Community Services Committee c) AB - 3430 Parks & Recreation Department - PPNR recommends approval of a professional services agreement with Anchor QEA in the amount of $149,936 for master planning and design services for the May Creek Park master plan project. Refer to Finance 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) Finance Committee: 1) Vouchers; 2) King County Capital Project Grant – Family First Community Center; 3) Lease with Dish Wireless LLC; 4) Proposed Use of 2024 Community Development Block Grant Funds and Reallocation of Community Development Block Grant - Coronavirus Round 3 Funds 8. LEGISLATION Ordinance for second and final reading: a) Ordinance No. 6121: Assuming the Rights, Powers, Functions, Immunities, and Obligations of the Renton Transportation Benefit District (First Reading 10/2/2023) 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) 7:00 p.m. - 7th Floor - Council Chambers/Videoconference 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 PROCLAMATION WHEREAS, each year, the United States observes National Hispanic Heritage Month by celebrating the culture, heritage, and contributions of those whose ancestors were indigenous to North America as well as those who came from Spain, Mexico, the Caribbean, Central America, and South America; and WHEREAS, the population of the City of Renton is approximately 15.6% Hispanic or Latino; and WHEREAS, what began in 1968 as Hispanic Heritage Week under President Johnson, was expanded by President Reagan in 1988 to cover a 30-day period starting on September 15 and ending on October 15; and WHEREAS, this year’s theme, “Latinos: Driving Prosperity, Power and Progress in America,” celebrates Hispanic Heritage and reflects on the economic contributions of Latinos in America., encouraging us to reflect on the contributions Hispanics have made in the past, and will make in the future; and WHEREAS, Hispanics serve as civil rights leaders, community organizers, politicians, soldiers, educators, journalists, first responders, pioneers in art and science, healthcare professionals, athletes, inventors, entertainers, and so much more; and WHEREAS, Hispanics continue their rich history of significant and diverse contributions to the cultural, educational, economic, and political vitality of Renton; NOW THEREFORE, I, Armondo Pavone, Mayor of the City of Renton, do hereby proclaim September 15 through October 15, 2023, to be HISPANIC HERITAGE MONTH in the City of Renton, and I encourage all residents to honor the rich diversity of the Hispanic community and celebrate the many ways they contribute to our nation and society. IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 9th day of October, 2023. ____________________________ Armondo Pavone, Mayor City of Renton, Washington AGENDA ITEM #3. a) Mayor’s Office Memorandum DATE: October 9, 2023 TO: Valerie O’Halloran, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • 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. Preventative street maintenance, traffic impact projects, and road closures will be at the following locations:  Monday, October 9 through Thursday, October 12, from 7:00 a.m. to 1:00 p.m. a portion of will experience Intermittent lane closures on Rainier Ave S between S 3rd St and NW 3rd Pl for water tie-ins. Questions may be directed to Michelle Faltaous, 425-757-1982.  Monday, October 9 through Friday, October 13, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on NE 10th St from NE Sunset Blvd to Kirkland Ave NE. Questions may be directed to Kip Braaten, 206-503-1746.  Monday, October 9 through Friday, October 13, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on NE 12th St and Jefferson Ave NE for utility installation. Questions may be directed to Brad Stocco, 425-282-2373.  Monday, October 9 through Friday, October 13, 8:00 a.m. to 3:00 p.m. Intermittent west bound lane closure on S Grady Way at Williams Ave S for construction work. Questions may be directed to Tom Main, 206-999-1833.  Monday, October 9 through Friday, October 13, 8:00 a.m. to 3:00 p.m. Road closure on Jefferson Ave NE for construction work. Detour route will be provided. Questions may be directed to Kip Braaten, 206-503-1749.  Monday, October 9 through Friday, October 13, 8:00 a.m. to 3:00 p.m. Road closure on Kirkland Ave NE between NE Sunset Blvd and NE 12th St for utility installation. Detour route will be provided. Questions may be directed to Brad Stocco, 425-282-2373. AGENDA ITEM #4. a) Valerie O’Halloran, Council President Members of Renton City Council Page 2 of 2 October 9, 2023  Monday, October 9 through Friday, October 13, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on Lincoln Ave NE at the 4100 block for construction work. Questions may be directed to Kip Braaten, 206-503-1746.  Monday, October 9 through Friday, October 13, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on Oakesdale Ave SW at the 1900 block for construction work. Questions may be directed to Tom Main,206-999-1833.  Monday, October 9 through Friday, October 13, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on Park Ave N between N 3rd St and N 4th St for construction work. Questions may be directed to Pat Decaro, 425-207-6013.  Monday, October 9 through Friday, October 13, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on westbound Park Ave N at Logan Ave N for construction work. Questions may be directed to Joel McCann, 425-757-9595.  Monday, October 9 through Friday, October 13, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on NE Sunset Blvd between Edmonds Ave NE and Kirkland Ave NE for construction work. Questions may be directed to Brad Stocco, 425-282-2373.  Monday, October 9 through Friday, October 13, 8:00 a.m. to 3:00 p.m. Intermittent lane closures on Williams Ave S at Grady Way S for construction work. Questions may be directed to Tom Main, 206-999-1833.  Ongoing 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) October 2, 2023 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, October 2, 2023 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Valerie O'Halloran, Council President (attended remotely) Ed Prince, Council Position No. 5 James Alberson, Jr., Council Position No. 1 Carmen Rivera, Council Position No. 2 Ryan McIrvin, Council Position No. 4 Ruth Pérez, Council Position No. 6 Kim-Khánh Vǎn, Council Position No. 7 Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Shane Moloney, City Attorney Jason Seth, City Clerk Jim Seitz, Public Works Transportation Systems Director Lori Fleming, Human Services Coordinator Tina Harris, Domestic Violence Victim Advocate Deputy Chief Jeff Hardin, Police Department Administrator Commander Tracy Wilkinson, Police Department Attended Remotely: Judith Subia, Council Liaison Kristi Rowland, Deputy Chief Administrative Officer Ellen Bradley-Mak, Human Resources / Risk Management Administrator Kari Roller, Finance Administrator Martin Pastucha, Public Works Administrator Carrie Nass, Recreation Director Ron Straka, Public Works Utility Systems Director AGENDA ITEM #6. a) October 2, 2023 REGULAR COUNCIL MEETING MINUTES Matt Herrera, Current Planning Manager PROCLAMATION Domestic Violence Awareness Month: A proclamation by Mayor Pavone was read declaring October 2023 to be Domestic Violence Awareness Month in the City of Renton, encouraging everyone in the community to take an active role in supporting all victims so they can lead healthy lives safe from violent and abusive behavior. Tina Harris, Domestic Violence Victim Advocate, accepted the proclamation with appreciation. MOVED BY PÉREZ, SECONDED BY PRINCE, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. PUBLIC HEARINGS Assumption of Renton Transportation Benefit District: This being the date set, and proper notices having been posted and published in accordance with local and state laws, Mayor Pavone opened the public hearing to consider the Assumption of the Renton Transportation Benefit District by City Council. Public Works Transportation Systems Director, Jim Seitz, reported that the Renton Transportation Benefit District (RTBD), with boundaries coterminous with city limits, was established and became effective on August 29, 2023. He stated the RTBD is a quasi-municipal corporation and independent taxing district with the City Council acting as its governing body and is authorized by 36.73 RCW to raise revenue for specific transportation projects, usually through vehicle license fees, sales taxes, or both. He further reported that 36.74 RCW allows any city that forms a transportation benefit district (TBD) with the same boundaries as the city, to absorb the TBD and assume all the "rights, powers, functions, and obligations" with the result that the TBD ceases to exist as a separate legal entity. Mr. Seitz explained that the purpose of the public hearing is to solicit public comment about the proposal to amend to Renton Municipal Code (RMC) Chapter 5.27 to eliminate the Governing Board of the RTBD and have City Council assume the duties of the Board. He explained that this allows the city to conduct the business of the RTBD without holding separate meetings and allows the City Council to accept public comment regarding activities of the RTBD at all regularly scheduled City Council meetings. Concluding, Mr. Seitz reviewed the past and future processes required to fully establish the Renton Transportation Benefit District. He also displayed websites that highlighted the proposed projects that the RTBD will fund once established. There being no correspondence or audience comments, it was MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. AGENDA ITEM #6. a) October 2, 2023 REGULAR COUNCIL MEETING MINUTES 2024 Community Development Block Grant (CDBG) Funds & 2023 CDBG CV3 Funds Allocations: This being the date set, and proper notices having been posted and published in accordance with local and state laws, Mayor Pavone opening the public hearing to consider the 2024 Community Development Block Grant (CDBG) Funds & 2023 CDBG CV3 Funds Allocations recommendations. Lori Fleming, Human Services Coordinator, reported the following: The City of Renton’s estimated 2024 federal Community Development Block Grant entitlement is $653,538. The funding available after King County contractual set-asides for the King County Housing Repair Program, Housing Stability Program, and administration is estimated at $379,052. These funds must serve low-moderate income Renton residents and be allocated in accordance with federal regulations. The City is proposing to allocate these funds as follows: 1.) Planning/Administration: $65,354 or the maximum amount allowable to City of Renton, 1055 S. Grady Way, Renton, WA 98057 to plan and administer the City’s CDBG program activities. 2.) Capital: The estimated balance of $313,698 is proposed for design, construction, and construction management costs for a roof replacement at the Don Persson Renton Senior Activity Center. The Center is located at 211 Burnett Ave N, Renton, Washington 98057 and serves seniors, which is a presumed low-moderate income group. The Contingency Plan if there are any increases or decreases to Renton’s 2024 CDBG allocation is as follows: Planning/Administration to the maximum amount allowable; and then increases or decreases to funding, CDBG program income, and any recaptured funds to the Don Persson Renton Senior Activity Center Roof Replacement Project. The City of Renton received federal Community Development Block Grant – Coronavirus Round 3 (CDBG-CV3) funds through King County. These funds must be used to serve low- moderate income Renton residents and must prevent, prepare for, and respond to the Coronavirus. There is unspent CDBG-CV3 funding in the amount of $448,208 that was previously awarded to the Renton Housing Authority and as a rent assistance set-aside, that needs to be reallocated. The City proposes to reallocate this $448,208 in CDBG-CV3 funds to a Heating, Ventilation, and Air Conditioning (HVAC) Improvements project at the Don Persson Renton Senior Activity Center at 211 Burnett Ave N, Renton, Washington 98057. Concluding, Ms. Fleming stated that the item in on tonight's consent agenda to be referred to the Finance Committee for further review. There being no correspondence or audience comments, it was MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. AGENDA ITEM #6. a) October 2, 2023 REGULAR COUNCIL MEETING MINUTES ADMINISTRATIVE REPORT City Clerk Seth reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2023 and beyond. Items noted were: • 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. 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 September 25, 2023. Council Concur. b) AB - 3429 Equity, Housing, and Human Services Department recommends approval and acceptance of the 2024 Community Development Block Grant (CDBG) funds and contingency plan, and the reallocation of unspent CDBG Grant - Coronavirus Round 3 (CDBG-CV3) funds in the amount of $448,208 to the Don Persson Renton Senior Activity Center HVAC project. Refer to Finance Committee. c) AB - 3436 Finance Department recommends approving the 2023/2024 Mid-Biennium budget calendar, and setting Public Hearings on October 16 and October 23, 2023, to consider the proposed 2024 Property Tax Levy, the proposed 2023/2024 Mid-Biennium Budget Adjustment, proposed Fee Schedule Amendments, and proposed adoption of all related legislation. Council Concur; Set Public Hearings on 10/16/2023 and 10/23/2023.. d) AB - 3435 Public Works Facilities Division recommends approval of a five-year lease with Dish Wireless, LLC, for use of space on or at the Rolling Hills Reservoir Facility, with revenues estimated at $186,000 over the term of the lease. The lease term is November 1, 2023 to October 31, 2028. Refer to Finance Committee. e) AB - 3437 Public Works Utility Systems Division reports bid opening on September 12, 2023, for the Lift Station and Force Main Improvements, Phase 3 project, and recommends awarding the contract to lowest responsive and responsible bidder, Equity Builders, LLC, in the amount of $1,229,376.60. Council Concur. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. 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. Community Services Committee: Chair Rivera presented a report recommending concurrence in the staff recommendation to approve the appointment of Sarah Ballard to the Equity Commission for an unexpired term expiring 12/31/24. AGENDA ITEM #6. a) October 2, 2023 REGULAR COUNCIL MEETING MINUTES MOVED BY RIVERA, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Ordinance for first reading: a) Ordinance No. 6121: An ordinance of the City of Renton, Washington, assuming the rights, powers, functions, immunities, and obligations of the Renton Transportation Benefit District, amending Chapter 5-27 of the Renton Municipal Code, providing for severability, and establishing an effective date. MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. Ordinances for second and final reading: a) Ordinance No. 6119: An ordinance of the City of Renton, Washington, amending Sections 4- 2-060.J and 4-2-080.A.29 of the Renton Municipal Code regarding zoning for sports arenas, auditoriums and exhibition halls of the Renton Municipal Code, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. b) Ordinance No. 6120: An ordinance of the City of Renton, Washington, amending Subsections 4-1-190.D, 4-1-190.G.4, and 4-1-190.I.2 of the Renton Municipal Code, amending impact fee regulations regarding impact fee deductions, and adding a definition and impact fee exemption standards related to early learning facilities, authorizing corrections, providing for severability, and establishing and effective date. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) ADJOURNMENT MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED. TIME: 7:30 PM Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 02 Oct 2023 AGENDA ITEM #6. a)   Council Committee Meeting Calendar  October 2, 2023      October 9, 2023  Monday    2:30 PM Finance Committee, Chair Pérez  Location: Council Conference Room/Videoconference  1. King County Capital Project Grant – Family First Community Center  2. Lease with Dish Wireless LLC  3. Proposed Use of 2024 Community Development Block Grant Funds and  Reallocation of Community Development Block Grant ‐ Coronavirus Round  3 Funds  4. Vouchers  5. Emerging Issues in Finance     3:45 PM Planning & Development Committee, Chair Prince  Location: Council Conference Room/Videoconference  1. Docket 18, Group D Update   D‐231: Code Interpretations  2. 2021 Construction and Administrative Code with Local Amendments  Adoption Update (D‐232)  3. Clean Economy Strategy (CES) 2.0 Update  4. Emerging Issues in CED     5:00 PM Committee of the Whole, Chair O’Halloran  Location: Council Chambers/Videoconference  1. Electric Vehicle Infrastructure Plan     6:00 PM National Hispanic Heritage Month Reception  Location: Conferencing Center  No official Council action will be taken during this Reception.      7:00 PM Council Meeting  Location: Council Chambers/Videoconference    AGENDA ITEM #6. a) AB - 3443 City Council Regular Meeting - 09 Oct 2023 SUBJECT/TITLE: Contract with Western Neon for Williams Ave Public Art RECOMMENDED ACTION: Refer to Community Services Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Gina Estep, Director Economic Development EXT.: (206) 305-3615 FISCAL IMPACT SUMMARY: $37,268.15 SUMMARY OF ACTION: The purpose of this agenda bill is to seek City Council approval for incorporating a public art installation into the Williams Streetscape design project, which is currently in the design phase for the Downtown Civic Core. The request to include public art in this streetscape project is driven by the desire to capitalize on the opportunity presented by the lack of activated storefronts along this block. Integrating public art into the project's design during construction aims to attract pedestrians and enhance the streetscape's visual appeal. Several artistic possibilities have been considered, ranging from sidewalk and street treatments such as inlays, markers, mosaics, murals, and unique pavement textures, to incorporating artistic elements into the streetlights, poles, and lighting. The goal is to create a vibrant and engaging environment that transforms this section of Williams Ave into a destination for residents and visitors alike. The selected art project for inclusion in the Williams Streetscape design project emerged from discussions within a subcommittee of the Arts Commission, which was formed to provide guidance and leadership regarding the art component of the project. The decision-making process for this project was collaborative, involving careful consideration and research. During the initial subcommittee meeting, it was evident that there was a consensus in favor of recreating or reinstalling a mid-century era streetlight as a central element of the Williams Streetscape project. The decision was informed by research and discussions focused on preserving the historical character of the area while incorporating artistic elements into the Williams Streetscape project. The project initiated a comprehensive search for local vendors with expertise in streetlight restoration and public artwork. A collaborative scope of work was developed for the restoration of a donated historic streetlight. Western Neon is the recommended vendor based on their exceptional response quality, strong qualifications, and competitive pricing. Their comprehensive and promising response, coupled with their expertise, aligns perfectly with project requirements. Their competitive pricing ensures cost-effectiveness without compromising on quality, making Western Neon the ideal choice to execute the Williams Streetscape design project's artistic vision. A budget of $37,268.15 has been allocated for the art component within the Williams Streetscape project. This funding is sourced from a combination of the Arts Capital Budget and existing funds within the Economic Development Budget. AGENDA ITEM #6. b) EXHIBITS: A. Contract B. Arts Commission September 26, 2023 Minutes STAFF RECOMMENDATION: Staff and members of the Arts Commission jointly recommends approval of the contract with Western Neon for the restoration, fabrication, and installation of the public art component within the Williams Streetscape Improvement project. Furthermore, we request that the staff be granted the authority to sign the agreement with the artist. AGENDA ITEM #6. b) AGREEMENT FOR WILLIAMS AVE PUBLIC ART THIS AGREEMENT (“Agreement”) is made as of the 29th day of September 2023, (the “Effective Date”) by and between the City of Renton, a non-charter code city under RCW 35A and a municipal corporation under the laws of the State of Washington (“Renton”), and Western Neon Inc, (“Contractor”), a Washington Corporation, who are collectively referred to as the “Parties”, to fabricate and install a public art installation as part of the Williams Avenue Streetscape project. Renton and Contractor agree as set forth below. 1. Scope of Services: Contractor will provide all material and labor necessary to perform all work described in the Proposal which is attached and fully incorporated into this Agreement by reference as Attachment “A.” 2. Changes in Scope of Services: Renton, without invalidating this Agreement, may order changes to the Scope of Services consisting of additions, deletions or modifications, the Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes in the work shall be authorized by written Change Order signed by the Parties. 3. Time of Performance: Contractor shall commence performance of the Agreement no later than (60 days) calendar days after the Agreement’s Effective Date. 4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope of Services, no later than 30 days from the Effective Date. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of Renton and Contractor. 5. Agreement Sum: The total amount of this Agreement is the sum of ($37,268.15) which includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed amount based on changes to the Scope of Services. 6. Consideration: In exchange for Contractor’s performance of the items and responsibilities identified in the Scope of Services, Renton agrees to make payment of the amount identified as the Agreement Sum. 7. Method of Payment: Payment by Renton for the Services will only be made after the Services have been performed and a voucher or invoice is submitted in a form acceptable to Renton. Payment of the initial 95% will be made in the next pay cycle of the Renton Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining 5% will be retained for the purpose of completion of the project and fulfillment of claims and liens. Renton shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. 8. Hold Harmless: Contractor shall indemnify, defend and hold harmless Renton, its elected officials, officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys’ fees, legal expenses and litigation costs, arising from injury or death to persons, including injuries, AGENDA ITEM #6. b) sickness, disease or death of Contractor’s own employees, agents and volunteers, or damage to property caused by Contractor’s negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by Renton and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor and Renton, its officers, officials, employees and volunteers, Contractor’s liability shall be only to the extent of Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Contractor’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance: Contractor shall secure and maintain: a. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. b. Professional liability insurance, in the minimum amount of $1,000,000 for each occurrence, shall also be secured for any professional services being provided to Renton that are excluded in the commercial general liability insurance. c. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. d. It is agreed that on Contractor’s commercial general liability policy, the City of Renton will be named as an Additional Insured on a non-contributory primary basis. Renton’s insurance policies shall not be a source for payment of any Contractor liability. e. Subject to Renton’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to Renton before executing the work of this Agreement. f. Contractor shall provide Renton with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 10. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Jessie Kotarski CONSULTANT Dylan Neuwirth AGENDA ITEM #6. b) Economic Development Manager 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7271 jkotarski@rentonwa.gov Western Neon 2902 4th Ave S Seattle, WA 98134 Phone: (206) 682-7738 dylan@westernneon.com 11. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Contractor agrees as follows: a. Contractor, and Contractor’s agents, employees, representatives, and volunteers with regard to the services performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of services or any other benefits under this Agreement, or procurement of materials or supplies. b. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. c. If Contractor fails to comply with any of this Agreement’s non-discrimination provisions, Renton shall have the right, at its option, to cancel the Agreement in whole or in part. d. Contractor is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. 12. Independent Contractor: Contractor’s employees, while engaged in the performance of any of Contractor’s services under this Agreement, shall be considered employees of the Contractor and not employees, agents, representatives of Renton and as a result, shall not be entitled to any coverage or benefits from the City of Renton. Contractor’s relation to Renton shall be at all times as an independent contractor. Any and all Workman’s Compensation Act claims on behalf of Contractor employees, and any and all claims made by a third-party as a consequence of any negligent act or omission on the part of Contractor’s employees, while engaged in services provided to be rendered under this Agreement, shall be the solely Contractor’s obligation and responsibility. 13. Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the beginning of the AGENDA ITEM #6. b) project and an Affidavit of Wages Paid at the end of the project with the Washington State Department of Labor and Industries, http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp. 14. Record Keeping and Reporting: Contractor shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Services provided in the performance of this Agreement. The Contractor agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). 15. Public Records Compliance. To the full extent the City determines necessary to comply with the Washington State Public Records Act, Contractor shall make a due diligent search of all records in its possession, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Contractor believes said records need to be protected from disclosure, it shall, at Contractor’s own expense, seek judicial protection. Contractor shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Contractor has responsive records and for which Contractor has withheld records or information contained therein, or not provided them to the City in a timely manner. Contractor shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. 16. Other Provisions: a. Administration and Notices. Each individual executing this Agreement on behalf of Renton and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of Renton or Contractor. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) calendar days after the date of mailing. This Agreement shall be administered by and any notices should be sent to the undersigned individuals or their designees. b. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. c. Assignment and Subcontract. Contractor shall not assign or subcontract any portion of this Agreement without the City of Renton’s prior express written consent. d. Compliance with Laws. Contractor and all of the Contractor’s employees shall perform the services in accordance with all applicable federal, state, county and city laws, codes and ordinances. A copy of this language must be made a part of any contractor or subcontractor agreement. e. Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the terms of this contract shall prevail. f. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. g. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result AGENDA ITEM #6. b) of the preparation, substitution, submission or other event of negotiation, drafting or execution. h. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. i. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. j. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. k. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. l. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either Renton or Contractor from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CITY OF RENTON By:_____________________________ CONTRACTOR By:____________________________ Vanessa Dolbee CED Interim Administrator 1055 South Grady Way Renton, WA 98057 Dylan Neuwirth Creative Director _____________________________ Date _____________________________ Date Approved as to Legal Form By: __________________________ M. Patrice Kent Sr. Assistant City Attorney Contract Template Updated 11/26/2019 (h/contract/2023/2790) AGENDA ITEM #6. b) PROPOSAL Date 8/22/2023 Estimate # 16256-2 Client Info: City of Renton 10555 S Grady Way Renton, WA 98057 Job Location: City of Renton 10555 S Grady Way Renton, WA 98057 Terms 1/2 down/1/2 finish Rep DWN Total Subtotal Sales Tax (10.1%) 206.682.7738 | WESTERNNEON.COM 2902 4TH AVE. S. SEATTLE, WA 98134 WESTERN NEON Products manufactured by Western Neon are covered under a 2-year limited warranty initiated on receipt of final payment. Requirements prior to the start of production: Approved design, signed contract, 50% deposit as well as any necessary permits, building owner or officiating committee approvals, and engineer’s stamp if needed or as specified by but not limited to a municipality, private or public agent, or stakeholder entity. All deposits are non-negotiable and non-refundable. All proposals, estimated pricing, and design solutions will be honored by Western Neon for up to 60 days from extended issue date. Credit Card payments exceeding $2,500 are subject to a 3% processing fee. Shipping - Buyer assumes all physical, conditional, and financial responsibility of any project, product, package or shipment that leaves Western Neon’s premises. Should any damages occur in transit, it is the Buyer’s sole responsibility to file claim with carrier. Western Neon creates custom signage, interiors, and public art. With over 35 years of experience, we make your vision a success from the first idea to the finishing touch. DescriptionQty Cost Total All prices below include options for site inspection, permit procurement, permits, fabrication and installation of 16256_COR-Williams Streetscape_SignPackage_06-28-23. All anticipated expenses are listed below as line items. MANUFACTURE AND INSTALL ONE ILLUMINATED, RGB LEDS LIGHT POLE1 21,959.01 21,959.01T STEEL MATERIAL AND ROLLING STEEL FLAT BAR1 950.00 950.00T POWDER COATING1 3,500.00 3,500.00T REMOVAL OF EXISTING LIGHTPOLE AND INSTALL NEW1 3,411.85 3,411.85T Project Management Fee 12% of subtotal $29,820.861 3,578.50 3,578.50T Code Requirements Permit Procurement. Submittal of documents required by city municipality. Include application submittal, detailed designs, revisions, correspondence and final inspection. 1 450.00 450.00T Sign Permit Fees incurred by Western Neon Charged to Customer +15% - TBD1 0.00 0.00T 50% deposit ($18,634.07), signed contract and proofs required prior to start of production $37,268.15 $33,849.36 $3,418.79 AGENDA ITEM #6. b) RENTON MUNICIPAL ARTS COMMISSION MINUTES *Special Meeting* Tuesday, September 26, 2023 – 6:00 pm Renton City Hall – Conferencing Room (726) or via Teams Members Present: Brianna Burroughs, Dave Samek, Evelyn Reingold, Kaie Wise, Marsha Rollinger, Mary Clymer, Susan Jessick Staff Present: Jessie Kotarski, RMAC Staff liaison Old Business: Williams Streetscape Public Art Project Discussion In a specially convened meeting led by the City of Renton Arts Commission to address the Williams Streetscape Public Art Project, commissioners engaged in a thoughtful discussion focused on reviewing the proposal submitted by Western Neon for the fabrication and installation of a public art piece. Drawing on a comprehensive review that considered artistic merit, budget considerations, alignment with the city's public art objectives, and details from prior project discussions, commissioners thoroughly deliberated on the proposal. The Commission has actively participated in the Williams Streetscape project since December 2022, with a dedicated subcommittee contributing to discussions and the initial selection of the project design and concept. Additionally, the Commission has committed funds from the Capital Art Project budget account to support this endeavor. Commissioner Reingold initiated a motion to recommend approval to the City Council for signing a contract with Western Neon, a motion seconded by Commissioner Rollinger and unanimously supported. The Commission is now prepared to advise City Council approval to contract with Western Neon, endorsing their proposal for the fabrication and installation of the project as a crucial element of the Williams Streetscape initiative. This recommendation underscores the commission's strong endorsement of Western Neon as the selected contractor, marking a significant stride toward enhancing the cultural fabric of our community. Adjournment: The meeting was adjourned at 6:21pm. AGENDA ITEM #6. b) AB - 3430 City Council Regular Meeting - 09 Oct 2023 SUBJECT/TITLE: Agreement with Anchor QEA for the May Creek Park Master Plan RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Parks & Recreation Department - PPNR STAFF CONTACT: Jason Lederer, Parks Planning Manager EXT.: 6547 FISCAL IMPACT SUMMARY: $149,936 from 316.332086.020.594.76.63.000 MAY CREEK PARK SUMMARY OF ACTION: Through a competitive request for qualifications (RFQ) process, staff identified Anchor QEA as the preferred consultant to support master planning and design services for a new neighborhood park at the May Creek (MacAskill) Park property located in northeast Renton near the municipal border with the City of Newcastle and King County. Developing a park in this location is priority number 3 in the Parks, Recreation and Natural Areas Plan and creating a master plan is an initial step in park development proces s. The Anchor QEA scope of services includes a fee proposal in the amount of $149,936. Funding for this work has been budgeted in fund 316.332086.020.594.76.63.000 May Creek Park. The funding source is Fund 303 (Parks Impact Mitigation Fund). Fund 303 (Parks Impact Mitigation Fund) can only be used for projects that create new capacity and the proposed project aligns with this fund’s intended use. The May Creek Park Master Plan will identify existing conditions, programming opportunities and constrai nts, and serve as a guiding document for a future park development that best meets community needs. The master plan will detail and map proposed site elements for recreation, trails, pathways, special features/interpretation and wayfinding, services (e.g., restrooms), and protection and appreciation of onsite and adjacent natural/critical areas. Overall, the master plan will create a tangible vision and implementation strategy the City can use to 1) develop the property into a passive-use recreational parkland consistent with current and future community needs, 2) steward and invest public funds, 3) apply for grant funding from local, state, and federal sources, and 4) balance developed recreation with environmental sustainability. EXHIBITS: A. Professional Services Agreement B. Map STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute a Professional Services Agreement with Anchor QEA in the amount of $149,936 for master planning and design services for the May Creek Park master plan proje ct. AGENDA ITEM #6. c) AGREEMENT FOR MAY CREEK PARK MASTER PLANNING THIS AGREEMENT, dated for reference purposes only as October 9, 2023, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Anchor QEA LLC (“Consultant”), a Washington Corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1.Scope of Work: Consultant agrees to provide May Creek Park master planning services as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2.Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. 3.Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than December 31, 2024. 4.Compensation: A.Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $149,936.00, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B.Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all AGENDA ITEM #6. c) PAGE 2 OF 10 Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or w ithout cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the AGENDA ITEM #6. c) PAGE 3 OF 10 Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not AGENDA ITEM #6. c) PAGE 4 OF 10 employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Indu strial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant , except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial AGENDA ITEM #6. c) PAGE 5 OF 10 Insurance Act, RCW Title 51, solely for the purposes of th is indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant , negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to perfo rming any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. AGENDA ITEM #6. c) PAGE 6 OF 10 E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond t he Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return recei pt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Jason Lederer 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6547 jlederer@rentonwa.gov CONSULTANT Anna Spooner 1201 3rd Ave., Ste 2600 Seattle, WA 98101 Phone: (206) 287-9130 aspooner@anchorqea.com AGENDA ITEM #6. c) PAGE 7 OF 10 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform AGENDA ITEM #6. c) PAGE 8 OF 10 the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Jason Lederer. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the AGENDA ITEM #6. c) PAGE 9 OF 10 other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full fo rce and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. AGENDA ITEM #6. c) PAGE 10 OF 10 N.Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Anna Spooner Principal _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Cheryl Beyer Senior Assistance City Attorney Contract Template Updated 5/21/2021 AGENDA ITEM #6. c) Scope of Work September 14, 2023 May Creek Park Master Planning City of Renton 1.Project Understanding The City of Renton (City) recently acquired 1.6 acres of land to develop the future May Creek Park. Combined with parcels previously purchased with Recreation and Conservation Office (RCO) funding, this recent addition leaves the City with an 18.5-acre assemblage of parcels, which includes a future acquisition parcel as noted in Figure 1. The City now seeks to develop the May Creek Park Master Plan (Master Plan). The Master Plan will be a visionary tool for the City to achieve four implementation strategies: 1.Develop passive-use recreational parkland consistent with current and future community needs. 2.Steward and invest public funds. 3.Apply for grant funding from local, state, and federal sources. 4.Balance developed recreation and environmental sustainability. Figure 1 Project Area Note: Map provided by the City of Renton EXHIBIT A AGENDA ITEM #6. c) September 14, 2023 May Creek Park Master Planning Page 2 The Master Plan will identify opportunities to restore sensitive riparian, wetland, and upland habitat; provide new trails to connect visitors to the May Creek Greenway; and provide additional park amenities for the East Plateau community. Located within the May Creek Greenway, with existing and planned multi-jurisdictional trail connections from Lake Washington to Cougar Mountain, the Master Plan provides the City the opportunity to support its growing and diverse population. Anchor QEA has teamed with Clearway Environmental (Clearway) to develop the following proposal to support the City with the May Creek Park Master Planning Project (Project). Five tasks are proposed to complete the Project: •Task 1: Project Management and City Meetings •Task 2: Site Inventory and Analysis •Task 3: Community and Stakeholder Outreach •Task 4: Preliminary Concept Plan Development •Task 5: Master Plan Development The following provides a detailed scope of work with deliverables, assumptions, and budget to support the Project. A detailed fee proposal is included as Exhibit A and detailed subconsultant proposals are included as Exhibit B. 2.Scope of Services and Deliverables Task 1: Project Management and City Meetings This task includes overall management of the scope, schedule and budget, and meetings with the City. It also includes Anchor QEA team project management, such as City and consultant team communication, and budget and schedule management. They will occur at the following steps in the Project: 1.Project kick off (in-person, 1.5 hours) 2.Completion of Task 2 (virtual, 1 hour) 3.During Task 3, to review the draft inclusive Community Involvement Plan (virtual, 1 hour) 4.During Task 3, to prepare for outreach meetings (three meetings, all virtual and 1 hour) 5.During Task 4, to review draft Conceptual Plan Alternatives (virtual, 1.5 hours) 6.During Task 5, to review the Preferred Conceptual Plan direction (in-person, 1 hour) Meeting notes will be prepared for each meeting in a summary format that focuses on documenting key decisions and City comments. Project management will include communication with the City and the Anchor QEA team; budget management including monthly invoicing; and developing and maintaining a Project schedule. AGENDA ITEM #6. c) September 14, 2023 May Creek Park Master Planning Page 3 Task 1 Deliverables •Meeting notes for each meeting, provided as summary emails •Budget status, provided in the form of monthly invoices by task in hard-copy format •Project schedule, developed in Microsoft Project, and provided in PDF file format Task 2: Site Inventory and Analysis This task will involve a review of existing background information documents, developing a basemap using existing documents, and conducting field work to develop a natural resource inventory for conceptual design and planning purposes. Subtask 2.1: Background Information Review The Anchor QEA team will review existing information provided by the City and other publicly available sources including the following: •City planning documents, including its Parks Plan, Trails Plan, Comprehensive Plan, critical areas regulations, zoning, land use, and development regulations •Geotechnical and soil conditions •Cultural, archeological, and historical data •Existing regional trail networks and park amenities that are future connection points to May Creek Park, including Newcastle’s May Creek Park and Cougar Mountain Regional Wildlife Park The Anchor QEA team will also assess anticipated regulatory and permitting requirements associated with the proposed Project, including a review of the critical areas, land development, and zoning rules and regulations that are identified in the City’s Municipal Code. Anchor QEA will coordinate with design staff who are preparing conceptual design alternatives to provide regulatory input to the design process. The research and review will be documented in a summary memorandum as a draft to the City. The narrative documented in the summary memorandum will ultimately be included in the Master Plan document (Task 5). City comments will be tracked during Task 2 and addressed as part of the Task 5 Master Plan document. Subtask 2.2: Basemap Anchor QEA will develop a basemap using existing documentation and data gathered in Subtask 2.3. The basemap will use publicly available data including parcel boundaries, Light Detection and Ranging (LiDAR) data, publicly available aerial photography, and any other relevant existing public data sources. Additional GIS data will be incorporated as available, including existing utility mapping, existing surveys and maps, and easements, as applicable. AGENDA ITEM #6. c) September 14, 2023 May Creek Park Master Planning Page 4 The basemap will be provided at two scales. One scale will focus on the park and project area presented in Figure 1. A second map will be scaled to capture a larger regional context including the adjacent City stormwater facility, the street frontage along Duvall Avenue Northeast, and the May Creek Greenway connections to the east and west. Subtask 2.3: Natural Resource Inventory and Site Analysis Mapping Clearway will lead the natural resource inventory. Field work will be limited to a site reconnaissance and natural resource inventory to identify approximate locations and to characterize wetland, stream, and buffer areas as well as vegetation conditions. The field crew will use a GPS Trimble handheld device to gather site attributes for the Subtask 2.2 Basemap. Based on the field data, Anchor QEA will develop a natural resource map that identifies habitat units within the park based on the presence of critical areas, the presence of native, coniferous, and deciduous trees, and the presence of invasive vegetation. The map will be used to develop a site analysis map that highlights the following opportunities and constraints: • Opportunities for park development • Natural resource and critical areas that constrain park development • Opportunities for neighborhood walking and biking connections • Infrastructure constraints, including utilities • Opportunities to improve riparian and upland forest health • Opportunities for landscape restoration • Opportunities for stewardship actions • Opportunities for May Creek Greenway connections • Opportunities and constraints for vehicular site access Task 2 Deliverables • Draft summary memorandum documenting background information and natural resource inventory (provided as a Word and PDF document) • Draft and final basemap (provided as PDF document) • Draft and final Natural Resource Inventory map (provided as a PDF document) • Draft and final site analysis maps showing opportunities and constraints (provided as a PDF document) Task 3: Community and Stakeholder Outreach Anchor QEA and the City will collaborate to develop engagement and communication strategies. We anticipate the community engagement and stakeholder outreach will use iterative steps to build materials as work progresses in other tasks and will rely on materials in other tasks to produce outreach materials. AGENDA ITEM #6. c) September 14, 2023 May Creek Park Master Planning Page 5 Anchor QEA will facilitate stakeholder meetings and community meetings (Subtasks 3.2 and 3.3). Unless otherwise indicated, the City will determine who is invited to meetings, provide all meeting invitations, and coordinate meeting logistics, including securing meeting rooms and ensuring that audio-visual equipment is available and in working order. The stakeholder meetings will occur prior to the community meeting at each step. The presentation materials from each stakeholder meeting will be updated based on input and subsequently revised for the community meeting. Subtask 3.1: Inclusive Community Involvement Plan Anchor QEA will draft a Community Involvement Plan to outline the stakeholder and public process and to identify appropriate outreach tools at each step. This will include tools led by the City’s communication and engagement group (Bang the Table), as well as tools developed by Anchor QEA. Those tools will include the following: •Schedule defining when stakeholder and community meetings will take place and when online platforms will be launched to support meetings and outreach •Recommendations for types of content to be included on the online platform (Bang the Table) •Draft coordinated talking points for City staff and consultants The Community Involvement Plan will be a draft document. The plan content will be captured in the Task 5 Master Plan. Updates, such as coordinated talking points, will be integrated during the development of the Task 5 Master Plan. Subtask 3.2: Stakeholder Outreach and Meetings There will be three stakeholder meetings. The stakeholder group will include internal City representatives from departments such as Parks and Recreation, Public Works (facilities, maintenance, utility systems, and transportation systems), Community and Economic Development, community outreach, and equity. The City will identify which individuals to invite to each meeting. Each meeting will be held virtually, and each will last 1 hour. Two Anchor QEA staff will attend. The role of the Project stakeholders is to provide guidance on Project opportunities, constraints, design alternatives, and other considerations based on existing information, related City programs and projects, and Project knowledge. Anchor QEA has scoped the meetings at the following touch points: •The first meeting will occur upon completion of Task 2 and prior to the start of Task 4 and will include a presentation of the site analysis, as well as the site’s opportunities and constraints. •The second meeting will occur during Task 4 to present conceptual design alternatives. •The third meeting will occur at the beginning of Task 5 and will include a presentation of the preliminary preferred alternative. AGENDA ITEM #6. c) September 14, 2023 May Creek Park Master Planning Page 6 Anchor QEA will provide stakeholder meeting agendas and develop PowerPoint presentations or information packets (PDF) for each meeting. The presentation materials will utilize graphics developed in Task 2 and Task 4. Anchor QEA will document meeting notes focused on specific stakeholder comments heard during the meeting and any action items. Subtask 3.3: Community Outreach and Meetings There will be three community meetings. Each will be held as in-person meetings and will last 2 hours. Three members of the Anchor QEA team will attend each meeting. One meeting will be held at the project site, if possible. The other two community meetings will occur at a centrally located public building organized by the City. The meetings will occur at the same touch points noted in Subtask 3.2 and will be coordinated with the stakeholder meeting schedule. Anchor QEA will facilitate these meetings with the City project manager providing a supporting role. Anchor QEA will prepare presentation and meeting materials including PowerPoint presentations, presentation boards (up to three boards per meeting), and additional facilitation materials such as notetaking boards and white boards for public comments. The presentation materials will utilize graphics developed in Task 2 and Task 4. Presentation materials will be suitable for future City use in presentations to City boards, commissions and elected leadership. Meeting participants will be encouraged to write comments during the meeting. Anchor QEA meeting facilitators will also document comments during the meeting with live notetaking. Anchor QEA will transcribe all comments after the meeting. No additional meeting notes will be provided. Simultaneous to the community meeting, the City will launch an online survey through Bang the Table. The City will develop the content for the survey and Anchor QEA will review and provide input. The City will then gather all online input and provide that to Anchor QEA. Anchor QEA will develop summary visual content representing the survey results to present to the public at a later meeting and for inclusion in the Task 5 Master Plan. Task 3 Deliverables • Draft and Revised Draft Inclusive Community Engagement Plan (Word and PDF formats) • Draft and final meeting agendas for each stakeholder meeting (PDF format) • Draft and final presentation materials for stakeholder meetings (PowerPoint and PDF formats) • Stakeholder meeting notes and action items (Word format) • Draft and final presentation materials for community meetings (PowerPoint, PDF formats, and up to four plotted boards per meeting) • Live notetaking and community comments transcribed (PDF format) AGENDA ITEM #6. c) September 14, 2023 May Creek Park Master Planning Page 7 Task 4: Preliminary Concept Plan Development Based on work in Task 2 and Task 4, Anchor QEA will develop Concept Plan Alternatives and, ultimately, work with the City to identify a preferred Concept Plan for the Master Plan. The following subtasks describe the proposed steps. Subtask 4.1: Preliminary Program and Evaluation Criteria Anchor QEA will develop a preliminary park design program for the anticipated park development. Prior to preparing conceptual plan alternatives, it is important to reach an agreement with the City on specific design elements that will be included in the designs. This preliminary design program is a starting point for this activity and will consist of a list of the features that will be included in the conceptual plan alternatives. Anchor QEA will prepare design evaluation criteria based on Task 2 work, early outreach with stakeholders and the community, as well as input from the City. The design evaluation criteria will be used as a basis for comparing the alternatives to one another. Subtask 4.2: Conceptual Plan Alternatives Anchor QEA will develop up to three conceptual plan alternatives that consider the existing conditions and site analysis as documented in Task 2 and the preliminary program developed in Subtask 4.1. The three alternative concepts will propose different approaches to addressing new park development and May Creek restoration actions. Design concepts will include potential locations and precedent imagery for a prefabricated restroom structure such as Portland Loo. The concept does not include a custom restroom or building structures. The conceptual alternative plans will be simple, scaled drawings over the basemap developed in Task 2. The plan drawings will be color rendered in a consistent way to provide for clarity of communication. One typical cross section will be provided for each alternative with the primary project elements. Anchor QEA will prepare a rough order of magnitude (ROM) Opinion of Probable Construction Costs for each alternative for comparison. Anchor QEA will compare the alternatives to each other qualitatively in a summary matrix format using the design evaluations criteria. This will include at least one criterion that reviews environmental permit feasibility. Subtask 4.3: Preferred Conceptual Design Plan Based on stakeholder, community, and City input, Anchor QEA will develop a Preferred Conceptual Plan. This plan will reflect the preferred elements of the alternatives. Anchor QEA will develop an ROM Opinion of Probable Construction Costs and other associated implementation costs for the AGENDA ITEM #6. c) September 14, 2023 May Creek Park Master Planning Page 8 Preferred Conceptual Plan. The Anchor QEA team will also provide a summary of environmental permit feasibility that provides a high-level overview of permitting approach, key milestones, and potential issues. Task 4 Deliverables • Preliminary Design Program (Word and PDF formats) • Draft and final design evaluation criteria (Word and PDF formats) • Draft and final Conceptual Plan Alternative plan view and section view drawings (PDF format) • Alternative Conceptual Design ROM Opinion of Probable Construction Costs Comparison (PDF format) • Draft and final Alternative Design Criteria Summary Matrix (PDF format) • Draft and final Preferred Conceptual Design plan view and section view drawings (PDF format) • Preferred Conceptual Design ROM Opinion of Probable Construction Costs (PDF format) Task 5: Master Plan Documentation Anchor QEA will document the Project in the Master Plan document that summarizes the Project’s site analysis, public process, alternative conceptual designs, and the preferred design. The intent of the Master Plan is to capture the City’s vision for May Creek Park and support the City in securing design, permitting, and implementation funding, a portion of which will be funded by local, state, and/or national grant programs. Subtask 5.1: Master Plan Anchor QEA will develop an annotated outline during early Project development and build the Master Plan as tasks are completed. For example, the background information and site analysis from Task 2 will be formatted to fold into the Master Plan document. A draft Master Plan will be prepared for City review. Following the City’s review, a final Master Plan will be prepared. It is assumed that the City will prepare one consolidated list of review comments for the Anchor QEA team, and the final Master Plan will be prepared based on these comments. Subtask 5.2: Grant Support Anchor QEA will review potential grant opportunities with the City early in the Project. Anchor QEA will develop a summary matrix identifying relevant opportunities, noting scheduled deadlines and milestones, and identifying potential project elements that could compete well for certain grant opportunities. The matrix will be provided in Excel so the City can continue to use it as an interactive tool for tracking and securing Project funding. Table 1 provides an initial list of potential grant programs. AGENDA ITEM #6. c) September 14, 2023 May Creek Park Master Planning Page 9 Table 1. Grant Opportunities Agency and Grant Program Eligible Project Types and Summary of Program Local King County Cooperative Watershed Management Grant The grant supports projects targeting salmon recovery and watershed health that can be focused on restoration, research, or education and outreach. Conservation Futures This funding program could support proposed habitat restoration and community environmental education elements. 2020-2025 Parks, Recreation, Trails and Open Space Levy The voter-approved program includes funding for capital and open space, open space and river corridors, and healthy communities’ funds. State RCO Aquatic Lands Enhancement Grants may be used for acquisition, improvement, conservation, and stewardship in Washington for protection of aquatic lands, natural areas, and wildlife habitats as well as promoting recreational opportunities for public purposes. Project types include conservation planning, habitat enhancement, shoreline restoration, water quality improvement, trail development, and stewardship opportunities. Land and Water Conservation Wildlife and Recreation Program Recreational Trails Program Salmon Recovery and Puget Sound Acquisition and Restoration Ecology Terry Husseman Account (THA) THA grants support to locally sponsored projects that restore or enhance the environment. Federal FEMA Building Resilient Infrastructure and Communities Program The program aims to shift funding to proactive investment in community resilience and pre-disaster mitigation activities. NFWF America the Beautiful Challenge The program supports expanding access to the outdoors, particularly in underserved communities, in conservation and resiliency projects. EPA Puget Sound Action Agenda – Climate Resilient Riparian Systems Lead The program supports protection and restoration of riparian areas, including those supporting salmon recovery, to promote climate resiliency. Task 5 Deliverables •Draft Master Plan (Word and PDF files) •Final Master Plan (PDF file) •Grant summary table (Excel file) AGENDA ITEM #6. c) September 14, 2023 May Creek Park Master Planning Page 10 3. Assumptions Meetings and Outreach • All meeting preparation and attendance is included in the scope language. Additional effort to support and attend meetings requested by the City will be negotiated on a case-by-case basis. • Meetings with the City are defined in Task 1. Meetings outside of those described in this scope of work are not included and will be considered additional work. • The City will provide any translation of materials and comments into other languages and will arrange for any live interpretation if necessary. Anchor QEA will provide editable file formats of documents to facilitate translation, if requested. • The City will identify who is to be included at each step of the Project and who will participate in stakeholder meetings. • The City will be responsible for all community and stakeholder meeting logistics including determining who is invited, publicizing community meetings, distributing meeting invitations, securing meeting locations, providing audio-visual equipment that is in good working order, and arranging meeting logistics such as ensuring meeting locations are open, furnished, and ready at the time of the meeting. • Anchor QEA has not included time for tribal outreach; the City will lead all potential outreach. • Early environmental permit agency (local, state, or federal) outreach, meetings, and application preparation will not be initiated during this phase of work. • Travel time will be billed to the City and is included in the fee proposal. Travel time from Seattle to Renton is estimated to be a 1-hour round trip. Project Survey and Background Information • A comprehensive site survey, including a topographical and boundary survey, is not included in this scope of work. A comprehensive site survey is assumed to occur at the next stage of design. • Geotechnical and cultural resource field work is not included in this scope of work; it is assumed that the field work will occur during design development (future phase of work) when the excavation limits are known. The Task 2 geotechnical and cultural resource background information reviews will be based on a desktop review of available data. • The City will provide all available site-related reports, maps, and utility as-built information that is available at the onset of the Project. • This City will provide existing GIS data layers. • Alternatives will be developed within the area identified in Figure 1 only. If the Project boundaries expand, Anchor QEA will discuss with the City what level of evaluation and/or AGENDA ITEM #6. c) September 14, 2023 May Creek Park Master Planning Page 11 conceptual design work can be conducted within those additional areas within the scope and fee negotiated for this work. Site Inventory and Design •The City does not currently have a Maximum Allowable Construction Cost (MACC) for the Project. The preferred alternative conceptual design will inform the City’s MACC. •An Opinion of Probable Construction Costs will be developed as ROM costs to reflect the level of design (conceptual) and will include an appropriate design contingency markup. •Design graphics include plans and sections as described in Task 4; 3D renderings are not included in this scope of work. •The design does not include building or architectural structure (such as restroom) design or cost estimating. 4. Budget A fee proposal spreadsheet is included as Exhibit A. 5.Schedule Work will begin immediately after a contract is executed and is expected to last 8 months. Figure 2 presents the current understanding of the schedule. The schedule will be refined as part of Task 1 to identify key deliverables and City review cycles. AGENDA ITEM #6. c) September 14, 2023 May Creek Park Master Planning Page 12 Figure 2 Preliminary Project Schedule AGENDA ITEM #6. c) Exhibit A Fee Estimate AGENDA ITEM #6. c) Exhibit AAnchor QEA Detailed Fee ProposalBillingTaskTaskTaskTaskTaskTotalTotal Labor CategoriesRate12345HoursDollarsPrincipal312$ 23.09.041.014.018.0105.032,760$ Senior Manager274$ 6.50.08.00.00.014.53,973$ Manager256$ 7.020.012.026.028.093.023,808$ Senior Staff227$ 0.06.00.00.00.06.01,362$ Staff 3199$ 0.00.00.012.00.012.02,388$ Staff 2179$ 0.052.083.082.0104.0321.057,459$ Staff 1151$ 0.08.00.00.00.08.01,208$ Senior Technical Editor155$ 0.08.017.04.052.081.012,555$ Project Coordinator122$ 12.00.00.00.00.012.01,464$ Total Hours49103161138202653Total Labor12,213$ 21,046$ 35,548$ 28,710$ 39,460$ 136,977$ Average Hourly Rate 210$ SubconsultantsClearway Environmental2,276$ 8,399$ -$ -$ -$ 10,675$ Total Cost2,276$ 8,399$ -$ -$ -$ 10,675$ Markup10.0%228$ 840$ -$ -$ -$ 1,068$ Internal Reimbursables (no markup)Mileage ($/mile)$0.56029$ -$ 87$ -$ -$ 116$ External Expenses (markup)Repro/Plotting-$ -$ 1,000$ -$ -$ 1,000$ Markup (External Expenses Only)10.0%-$ -$ 100$ -$ -$ 100$ TOTAL COSTS14,746$ 30,285$ 36,735$ 28,710$ 39,460$ 149,936$ May Creek Park Master PlanningCity of RentonPage 1 of 1September 2023AGENDA ITEM #6. c) Exhibit B Subconsultant Proposal AGENDA ITEM #6. c) Attachment A Clearway Environmental LLC 1 Scope of Services City of Renton Prime: Anchor QEA May Creek Park Master Planning Project Description and Purpose The City of Renton requires master planning services for the future May Creek Park. Clearway Environmental will support Anchor QEA in master planning by providing natural resources inventory and mapping, GIS figure support, and a permitting summary. Scope of Services This scope of services consists of the following tasks: Task 1 – Project Management and City Meetings Clearway Environmental will provide the following: 1.1 Project Management • Set up project information in timesheet and invoicing software. • Prepare eight monthly progress reports and invoices. • Project maintenance and staff coordination. 1.2 City Meetings • Attend one on-site kick-off meeting (3 hours inclusive of travel for one Clearway Environmental staff member). Task 2 – Site Inventory and Analysis Clearway Environmental will provide the following: 2.3 Natural Resource Inventory and Mapping • Attend a team meeting with Clearway Environmental and Anchor QEA staff (1 hour each for three Clearway Environmental staff members). • Prepare for field work including uploading project base map and relevant existing GIS-based data. • Review City of Renton critical areas requirements to inform field work. • Identify and characterize wetland, stream, and buffer areas and vegetation conditions. • Characterize forest health based on the presence of native, coniferous, and deciduous trees, and presence of invasive vegetation. • After the inventory and mapping have been incorporated into master planning documents, provide a permitting summary for potential future development of May Creek Park. Deliverables • Field notes and GIS data from inventory. • Narrative summary of City of Renton critical areas requirements, natural resources inventory, and mapping to support master planning. AGENDA ITEM #6. c) Attachment A Clearway Environmental LLC 2 • A permitting summary identifying likely requirements for permitting. Task 3 – Community Outreach and Engagement No services performed by Clearway Environmental. Task 4 – Preliminary Concept Plan Development No services performed by Clearway Environmental. Task 5 – Master Plan Development No services performed by Clearway Environmental. Assumptions • Full delineations and ratings of wetlands and streams will not be performed. Full tree survey will not be performed. The natural resource inventory and mapping will focus on needs for master planning and identifying likely permitting requirements. The inventory and mapping will not be sufficient for final design and permitting. • City of Renton will perform any required notifications or rights-of-entry for site access. • Anchor QEA will provide an initial base map (developed using GIS and other data developed in an Adobe program) in advance of preparation for field work. • Travel time from City of Seattle to the project site is billable. • Mileage will be billed as a direct expense at the current IRS rate. • A GPS system [combined Global Navigation Satellite System (GNSS) receiver and linked data tablet] will be billed at a daily rate of $100. The GPS system will have sub-meter or better accuracy. AGENDA ITEM #6. c) Staff Chad DurandJim HearseyRachel CrowleyLinda Vate BrattstromAlicia YabuPrinciple Environmental ScientistSenior Environmental ScientistStaff 2 Environmental ScientistStaff 2 Environmental ScientistStaff 2 Environmental ScientistRates $185.40 $143.52 $92.40 $85.68 $86.04 Tasks Hours Hours Hours Hours Hours Task 1: Project Management 8 5 Task 2.3: Natural Resource Inventory and Mapping 6 32 18 4 8 Labor Hours Subtotal 14 32 23 4 8 Other Direct Costs (ODCs)Units Unit Cost Mileage 200 0.655$ Sub-meter Accuracy GPS Device (daily)2 100.00$ ODCs Subtotal Labor Direct Costs Total 10,675$ 10,344$ 331$ 131$ 200$ Totals 331$ 10,344$ Subtotal 1,945$ 8,399$ Attachment B Cost Estimate Department of Natural Resources Granite Flats Access Restoration and Renovation - Wetland Report Subtotal AGENDA ITEM #6. c) ,I May Creek T:Parcel Boundry , Randi’;.‘ Mam P:2 Aviary May Creek Park Master Plan Location Map Ths dtxummt ws2 gramlz razrsemahon,not guavanleed to survey ammy,and \s based on mebest mimuauon avauameasof onedate shown.Ths map I; m(ende.!d rurmy dsphy purposesonly. exported:6/Z1/Z023AGENDA ITEM #6. c) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ASSUMING THE RIGHTS, POWERS, FUNCTIONS, IMMUNITIES, AND OBLIGATIONS OF THE RENTON TRANSPORTATION BENEFIT DISTRICT, AMENDING CHAPTER 5-27 OF THE RENTON MUNICIPAL CODE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on August 14, 2023, the City Council adopted Ordinance No. 6115 creating the Renton Transportation Benefit District (RTBD) with boundaries coterminous with the boundaries of the City, all in accordance with chapter 36.73 RCW; and WHEREAS, on July 1, 2015, the Washington State Legislature enacted Second Engrossed Substitute Senate Bill 5987 (SESSB 5987) which, at section 301, codified in chapter 36.74 RCW authorizes the City to assume the rights, powers, functions, and obligations of the existing RTBD ; and WHEREAS, the City Council desires to continue the work and function of the RTBD as defined by chapter 36.73 RCW and Ordinance No. 6115 without the necessity of maintaining a separate entity; and WHEREAS, the City Council, after giving proper notice, conducted a public hearing allowing all persons interested in the proposed assumption the opportunity to be heard; and WHEREAS, the City Council has determined that the public interest and welfare will be satisfied by the City assuming the rights, powers, immunities, functions, and obligations of the existing RTBD; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: AGENDA ITEM # 8. a) ORDINANCE NO. ________ 2 SECTION I. Pursuant to SESSB 5987 Section 301 and Section 303, codified in chapter 36.74 RCW, the City of Renton hereby assumes all of the rights, powers, immunities, functions, and obligations of the RTBD. The City is hereby vested with each and every right, power, immunity, function, and obligation currently granted to or possessed by the RTBD as of the effective date of this Ordinance. The rights, powers, functions, and obligations previously exercised and/or performed by the governing body of the RTBD are hereby assumed by and transferred to the Renton City Council. SECTION II. Pursuant to SESSB 5987 Section 303(2), codified in RCW 36.74.030, the governing body established in RMC 5.27.020 is hereby abolished and the City Council is vested with all rights, powers, immunities, functions, and obligations otherwise vested by law in the governing board of the RTBD. SECTION III. All portions of the Renton Municipal Code in this ordinance that are not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION IV. Chapter 5-27 of the Renton Municipal Code is amended to read as follows: CHAPTER 5.27 RENTON TRANSPORTATION BENEFIT DISTRICT SECTION: 5-27-010: Establishing Transportation Benefit District. 5-27-020: Governing board Transportation Benefit District Assumed. 5-27-030: Powers of the district. 5-27-040: Use of funds. 5-27-050: Dissolution of the District 5-27-010 ESTABLISHING TRANSPORTATION BENEFIT DISTRICT: AGENDA ITEM # 8. a) ORDINANCE NO. ________ 3 There is hereby created Renton Transportation Benefit District (RTBD) with geographical boundaries comprised of the existing corporate limits of the City, and as those boundaries may be adjusted in the future. 5-27-020 GOVERNING BOARD TRANSPORTATION BENEFIT DISTRICT ASSUMED: The governing board of the RTBD shall be the Renton City Council acting in an ex officio and independent fashion The rights, powers, immunities, functions and obligations of RTBD are assumed by the City of Renton which is vested with every right, power immunity, function and obligation granted to and possessed by the RTBD. 5-27-030 POWERS OF THE DISTRICT: A. The Board City of Renton shall have and may exercise any powers set out in chapter 36.73 RCW to fulfill the purpose of the RTBD. B. Consistent with RCW 36.73.020(4), the secretary/treasurer of RTBD shall be the City Finance Administrator. As such, the Finance Administrator shall establish those funds and accounts on behalf of RTBD as required and shall disburse funds and pay claims as approved by the RTBD Board and prepare and maintain such accounts either as appropriate and/or required by state or federal law or both. C. The City Attorney will serve as legal advisor to the RTBD Board, except where separate counsel is engaged by RTBD. D. Other City employees shall carry out the operations of RTBD as agreed by RTBD and the City. Such employees and the contracts of RTBD shall be overseen AGENDA ITEM # 8. a) ORDINANCE NO. ________ 4 and administrated either by the Mayor and/or her/histhe Mayor’s designee or both. E. The RTBD Board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1). At a minimum, if a transportation improvement exceeds its original cost by more than twenty percent (20%), as identified in the District’s original plan, a public hearing shall be held to solicit public comment regarding how the cost change should be resolved. F. The RTBD Board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). 5-27-040 USE OF FUNDS: Funds available to the RTBD may be used for any purpose allowed by chapter 36.73 RCW with emphases emphasis on meeting the unfunded needs of the City’s Overlay Program and Walkway Program within the currently adopted Six Year Transportation Program. 5-27-050 DISSOLUTION OF THE DISTRICT: The district shall be dissolved when all indebtedness of the district is retired and when all the district’s anticipated responsibilities have been satisfied. SECTION V. 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. The City AGENDA ITEM # 8. a) ORDINANCE NO. ________ 5 Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION VI. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of 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 VII. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL the day of , 2023. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2023. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD-PW:2273:08/28/2023 AGENDA ITEM # 8. a)