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HomeMy WebLinkAboutFinal Agenda PacketCITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, October 23, 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.PUBLIC HEARING a)Mid-Biennium Budget Adjustment #2 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 16, 2023. Council Concur b)AB - 3454 Community & Economic Development Department recommends amending the city's Bicycles and Trails Master plan to create an opportunity to connect two trails, #33 May Creek Hill Climb and #34 May Creek Trail, that was not previously identified on the plan map. Refer to Planning Commission and Planning & Development Committee c)AB - 3452 Police Department recommends approval of an Interagency Agreement with the Washington Traffic Safety Commission to receive up to $10,000 in grant funds to conduct multi-jurisdictional, high visibility enforcement traffic emphasis patrols. Refer to Finance Committee d)AB - 3453 Public Works Transportation Systems Division recommends adoption of a resolution authorizing a 60-day closure of Sunset Blvd NE, between January 15, 2023 and May 14, 2024, for the purpose of widening the existing bridge over Sunset Blvd NE and completing seismic retrofits on the existing bridge piers. Refer to Transportation (Aviation) Committee e)AB - 3445 Public Works Utility Systems Division recommends approval to execute an agreement with Jacobs Engineering Group, Inc., in the amount of $296,170.91 for the development of comprehensive subbasin plans for the piped sections of Ginger and Honey Creek. Refer to Utilities Committee 7.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a)Finance Committee: 1) Vouchers; 2) Agreement with Anchor QEA for the May Creek Park Master Plan; 3) Renewal of Healthcare Management Administrators (HMA) 2024; 4) Approval of Kaiser Permanente Healthcare Premium Rates for 2024; 5) Renewal of Symetra Stop Loss Coverage 2024; 6) Renewal of Standard Life and Long Term Disability (LTD) Insurance 2024; 7) 23EMPG City of Renton Award Obligation; 8) Interagency Agreement between Washington Traffic Safety Commission and the City of Renton for the Safer Access to Neighborhood Destinations (SANDs) Grant Project b)Planning & Development Committee: 1) Docket 18, Group D; 2) 2021 Construction and Administrative Code with Local Amendments Adoption (D-232); 3) Clean Economy Strategy (CES) 2.0 8.LEGISLATION 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) 5:45 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 Mayor’s Office Memorandum DATE: October 23, 2023 TO: Valerie O’Halloran, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • Washington Department of Transportation (WSDOT) will begin work to replace the northern portion of the Lind Avenue overpass, which was damaged in June 2022. To prepare for this repair, WSDOT has planned two overnight closures. On Monday, October 23, from 11 p.m. to 4:30 a.m., I-405 southbound lanes will be closed with traffic detouring via the SR 167 interchange, Rainier Avenue and Grady Way. On Tuesday, October 24, from 11 p.m. to 4:30 a.m., the I-405 northbound lanes closure will only require people to use the I-405-SR 167 collector/distributor ramp to continue north on I-405. There will be a weekend-long closure from 11 p.m., Friday, November 3, through 4:30 a.m. Monday, November 6. Traffic will detour via SR 515/Talbot Road and Grady Way. If work finishes early, southbound I-405 will reopen as soon as possible. This is the only weekend-long closure planned for this project. • 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 23 through Friday, October 27, 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 23 through Friday, October 27, 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 23 through Friday, October 27, 8:00 a.m. to 3:00 p.m. Intermittent westbound lane closure on S Grady Way at Williams Ave S for construction work. Questions may be directed to Tom Main, 206-999-1833. AGENDA ITEM #4. a) Valerie O’Halloran, Council President Members of Renton City Council Page 2 of 2 October 23, 2023  Monday, October 23 through Friday, October 27, 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 23 through Friday, October 27, 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.  Monday, October 23 through Friday, October 27, 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 23 through Friday, October 27, 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 23 through Friday, October 27, 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 23 through Friday, October 27, 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 23 through Friday, October 27, 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 23 through Friday, October 27, 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.  Monday, October 23 through Friday, October 27, 8:00 a.m. to 3:00 p.m. Southbound travel and parking lane closures on Williams Ave S between S 2nd and S 3rd Streets for construction work. Questions may be directed to Justin Johnson, 425-902-7102.  Ongoing Street Closure (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 16, 2023 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, October 16, 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 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 Ed VanValey, Chief Administrative Officer Shane Moloney, City Attorney Jason Seth, City Clerk Kristi Rowland, Deputy Chief Administrative Officer Maryjane Van Cleave, Equity, Housing, and Human Services Administrator & Interim Parks & Recreation Administrator Vanessa Dolbee, Interim Community & Economic Development Administrator Kari Roller, Finance Department Administrator Ellen Bradley-Mak, Human Resources and Risk Management Administrator Kelly Beymer, Parks & Recreation Department Administrator Chief Jon Schuldt, Police Department Administrator Brianne Bannwarth, Development Engineering Director Deb Needham, Emergency Management Director Hannah Bahnmiller, Housing Programs Manager AGENDA ITEM #6. a) October 16, 2023 REGULAR COUNCIL MEETING MINUTES Commander Dan Figaro, Police Department Attended Remotely: Martin Pastucha, Public Works Administrator Ron Straka, Public Works Utility Systems Director Carrie Nass, Recreation Director Rob Shuey, Development Services Director Angie Mathias, Long Range Planning Manager April Alexander, Executive Assistant Nate Malone, Budget & Accounting Manager Lori Fleming, Human Services Coordinator PUBLIC HEARING Mid-Biennium Budget Adjustment #1: 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 Mid-Biennium Budget Adjustment (Hearing #1). Finance Administrator Kari Roller reported that this hearing is one of two scheduled to discuss the 2023/2024 Mid-Biennial Budget adjustment. She explained that after public input and Council comments are heard, there will be legislation advanced for adoption for 2024 Property Tax Levy, 2023/2024 budget adjustments, various fee schedule changes, and changes to Renton Municipal Code, Title 3, Departments and Officers. She then discussed the budget adoption timeline indicating that final adoption of all legislation should occur at the November 13, 2023, Council meeting. Concluding, Ms. Roller reviewed the preliminary 2024 property tax levy, General Fund revenues, General Fund expenditures, other fund adjustments, and Fee Schedule changes. Mayor Pavone called for public comments: • Holly Hill, Renton, questioned how the proposed changes to the Equity, Housing, and Human Services Department and its programs would impact the Equity Commission. She urged Council to expend additional resources to ensure this commission is successful. Following the public comment portion of the hearing, department administrators answered several questions from Council regarding the budget proposal. There being no additional correspondence, public comments, or inquiries from Council, it was MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. ADMINISTRATIVE REPORT CAO VanValey reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2023 and beyond. Items noted were: AGENDA ITEM #6. a) October 16, 2023 REGULAR COUNCIL MEETING MINUTES • The city's annual Truck or Treat Halloween Drive Thru will be on Friday, October 20, at the Renton Community Center with a sensory session from 5:00 to 5:45 p.m. and the main event kicking off at 6:00 p.m. Come in costume and ready for fun. Registration is required to participate at rentonwa.gov/register using the keyword "treat." • Join us on the third Saturday of each month for Free Museum Day at the Renton History Museum, when no entrance fee is required. This month the Free Museum Day is October 21 from 10:00 a.m. to 4:00 p.m. Renton History Museum offers changing exhibits, programs, publications, and evets to share Renton's stories, past and present. • 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. AUDIENCE COMMENTS • Jack Skeel, Seattle, stated that the Washington State Department of Transportation finally agreed to lease space under I-405 that contains a DIY skatepark. He stated the lease is currently on hold due to construction work but urged Council to have the city enter the lease to provide an additional skatepark to Renton residents. • Diane Dobson, Renton, speaking on behalf of the Renton Chamber of Commerce, reviewed a list of upcoming events hosted by the Chamber. She urged Council to attend some, if not all, of the events. • Josh Shulkind, Renton, introduced himself as the new president of the Renton Downtown Partnership group, and stated that he is looking forward to meeting all of Renton's elected officials. • Bob Baker, Renton, speaking on behalf of the Save the Cedar River organization, remarked that the group is currently in a lawsuit regarding the proposed asphalt plant and recycling center that will be located just a mile or so outside of City limits near the Cedar River. He stated that experts working for the organization have concluded that Renton's aquifer will be affected by the plant within ten years, and asked Council to consider submitting an Amicus Brief to the court on behalf of the Save the Cedar River group. 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. Approval of Council Meeting minutes of October 9, 2023. Council Concur. AB - 3427 City Clerk submitted CAG-22-001, Council Chambers Upgrades project, contractor Avidex Industries, LLC, and requested acceptance of the project and release of retainage in the amount of $15,973.84 after 60 days after all state releases are obtained and all claims against the retainage have been legally cleared. Council Concur. AB - 3448 City Clerk submitted the quarterly list of fully executed contracts between 7/1/2023 - 9/30/2023, and a report of agreements expiring between 10/1/2023 – 3/31/2024. None; Information Only. AGENDA ITEM #6. a) October 16, 2023 REGULAR COUNCIL MEETING MINUTES AB - 3421 Executive Services Department recommended adoption of a resolution adopting the City of Renton's Comprehensive Emergency Management Plan (CEMP). This plan defines the roles and responsibilities for key Emergency Support Functions that must be carried out within the city during a disaster. Refer to Committee of the Whole. AB - 3447 Executive Services Department submitted the 23EMPG Award Obligation Letter, with the Washington Military Department Emergency Management Division, and requests authorization to execute the agreement, subject to approval as to legal form, to accept $58,285 in grant funds for support of emergency management operations. Refer to Finance Committee. AB - 3446 Human Resources / Risk Management Department recommended approval of the life insurance and long-term disability benefit premium rates, with Standard Insurance Company, in the amount of $141,843, effective January 1, 2024 through December 31, 2026. Refer to Finance Committee. AB - 3438 Human Resources / Risk Management Department recommended approval of the Healthcare Management Administrators (HMA) 2024 Administrative Fee Schedule, in the amount of $350,000, which is a 4.60% increase over 2023, and sign the implementing documents when ready. This coverage is for active employees and LEOFF 1 retirees. Refer to Finance Committee. AB - 3439 Human Resources / Risk Management Department recommended approval of the 2024 Kaiser Permanente healthcare premium rates for active employees and LEOFF 1 retirees, in the amount of $221,500, and authorize the execution of the implementing documents when ready. Refer to Finance Committee. AB - 3440 Human Resources / Risk Management Department recommended approval of the 2024 Stop Loss (excess loss) insurance contract with Symetra, in the amount of $940,238, and authorize execution of the implementing document when ready. Refer to Finance Committee. AB - 3449 Public Works Transportation Systems Division recommended execution of an Interagency Agreement with the Washington Traffic Safety Commission for the obligation of grant funding in the amount of $182,700, for the Safer Access to Neighborhood Destinations (SAND) traffic safety project. Refer to Finance Committee. AB - 3444 Public Works Utility Systems Division recommends execution of an agreement with Carollo Engineers, in the amount of $1,663,616, for final design of the Kennydale Lakeline Sewer Improvements project. Refer to Utilities Committee. MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA AS PUBLISHED. CARRIED. UNFINISHED BUSINESS Community Services Committee: Chair Rivera presented a report recommending concurrence in the staff and Arts Commission's recommendation to approve the contract with Western Neon, in the amount of $37,268.15, for the Williams Streetscape Improvement project's public art component and propose granting staff the authority to sign the agreement with the artist. MOVED BY RIVERA, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATON. CARRIED. AGENDA ITEM #6. a) October 16, 2023 REGULAR COUNCIL MEETING MINUTES NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) MOVED BY VǍN, SECONDED BY RIVERA, COUNCIL REFER THE MATTER OF DRAFTING AN AMICUS BRIEF (for the Save the Cedar River organization) TO THE ADMINISTRATION AND BRING IT BACK TO THE COUNCIL IN ABOUT A MONTH’S TIME.* Addressing inquiries from Mayor Pavone and City Attorney Moloney, Councilmember Vǎn revised the motion: MOVED BY VǍN, SECONDED BY RIVERA, COUNCIL REFER TO THE ADMINISTRATION THE MATTER OF RESEARCHING THE POTENTIAL OF DRAFTING AN AMICUS BRIEF (for the Save the Cedar River organization) AND BRING THAT BACK TO THE FULL COUNCIL IN A MONTH’S TIME. *MOTION CARRIED AS REVISED. ADJOURNMENT MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED. TIME: 7:48 PM Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 16 Oct 2023 AGENDA ITEM #6. a) Council Committee Meeting Calendar October 16, 2023 October 23, 2023 Monday 2:00 PM Public Safety Committee, Chair Văn Location: Council Conference Room/Videoconference 1. RRFA Briefing 2. Emerging Issues in Public Safety 2:45 PM Finance Committee, Chair Pérez Location: Council Conference Room/Videoconference 1. Agreement with Anchor QEA for the May Creek Park Master Plan 2. Renewal of Healthcare Management Administrators (HMA) 2024 3. Approval of Kaiser Permanente Healthcare Premium Rates for 2024 4. Renewal of Symetra Stop Loss Coverage 2024 5. Renewal of Standard Life and Long Term Disability (LTD) Insurance 2024 6. 23EMPG City of Renton Award Obligation 7. Interagency Agreement between Washington Traffic Safety Commission and the City of Renton for the Safer Access to Neighborhood Destinations (SANDs) Grant Project 8. Vouchers 9. Emerging Issues in Finance 4:45 PM Planning & Development Committee, Chair Prince Location: Council Conference Room/Videoconference 1. Docket 18, Group D  D-231: Code Interpretations 2. 2021 Construction and Administrative Code with Local Amendments Adoption (D-232) 3. Clean Economy Strategy (CES) 2.0 4. Emerging Issues in CED 5:45 PM Committee of the Whole, Chair O’Halloran Location: Council Chambers/Videoconference 1. Economic Development Update 7:00 PM Council Meeting Location: Council Chambers/Videoconference AGENDA ITEM #6. a) AB - 3454 City Council Regular Meeting - 23 Oct 2023 SUBJECT/TITLE:Amendment to the Bicycles and Trails Master Plan RECOMMENDED ACTION: Refer to Planning Commission and Planning & Development Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT:Angie Mathias, Long Range Planning Manager EXT.:6578 FISCAL IMPACT SUMMARY: Not applicable. No fund transfer required. No grant funds involved. SUMMARY OF ACTION: The Bicycles and Trails Master Plan includes a map showing existing and proposed bicycle improvements and existing and proposed trails. It is titled Exhibit 5-19 Existing and Proposed Network Map. The Plan was adopted in January 2019 after a nearly two year process. Since adoption, the City has become aware of an opportunity to connect two trails (#33 May Creek Hill Climb and #34 May Creek Trail) that was not previously identified on the map. Staff recommend amending this map and relevant text to ensure the opportunity to make the connection is preserved. EXHIBITS: A. BIKE TRAILS PROJECT MAP STAFF RECOMMENDATION: Refer to the Planning Commission and Planning & Development Committee for review. Following this review, the Planning Commission will present recommendations to Council. AGENDA ITEM #6. b) Exhibit 5-19. Existing & Proposed Network and Project Map AGENDA ITEM #6. b) AB - 3452 City Council Regular Meeting - 23 Oct 2023 SUBJECT/TITLE:Interagency Agreement between the Renton Police Department and the Washington Traffic Safety Commission RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Police Department STAFF CONTACT:Steve Morris, Commander EXT.:7597 FISCAL IMPACT SUMMARY: The grant reimburses the Renton Police Department for costs related to traffic emphasis patrols between October 1, 2023 and September 30, 2024, up to $10,000. Budget adjustment will be made in Q1 of 2024. SUMMARY OF ACTION: Receive funds from the Washington Traffic Safety Commission to conduct multi-jurisdictional, high visibility enforcement traffic safety emphasis patrols in support of Target Zero priorities of reducing traffic related deaths and serious injuries. EXHIBITS: A. Agreement STAFF RECOMMENDATION: Approve the interagency agreement with the Washington Traffic Safety Commission to receive up to $10,000 in grant funds to conduct multi-jurisdictional, high visibility enforcement traffic safety emphasis patrols in support of Target Zero priorities of reducing traffic related deaths and serious injuries. AGENDA ITEM #6. c) page 1 of 16 INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as “WTSC,” and __________________________________, hereinafter referred to as “SUB-RECIPIENT.” NOW THEREFORE, in consideration of the authority provided to WTSC in RCW 43.59 and RCW 39.34, terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties mutually agree as follows: 1.PURPOSE OF THE AGREEMENT: The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the Assistance Listings Catalog of Federal Domestic Assistance (CFDA) number 20.600 for traffic safety grant project _______________________________________, specifically to provide funding for the law enforcement agencies in WTSC Region ____ to conduct straight time or overtime enforcement activities (traffic safety emphasis patrols) as outlined in the Statement of Work (SOW), in support of Target Zero priorities. The Target Zero Manager (TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the SOW with the SUB-RECIPIENT with the goal of reducing traffic crashes. Grant _______________________________________ was awarded to the WTSC Region ___ to support collaborative efforts to conduct HVE activities. By signing this agreement, the SUB-RECIPIENT can seek reimbursement for straight time or overtime for approved law enforcement activity expenses incurred as a participant in the region’s HVE grant. 2.PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence upon the date of execution by both parties, but not earlier than October 1, 2023, and remain in effect until September 30, 2024 unless terminated sooner, as provided herein. 3.SCOPE OF WORK 3.1.1 Problem ID and/or Opportunity The main causes of serious injury and fatality collisions on Washington’s roadways are driver impairment through drug and/or alcohol use, speeding, occupant restraint mis/nonuse, and distraction. Fatalities have increased almost 40 percent since 2019. Despite a very high seat belt use rate (greater than 90% for many years in a row), the number of unrestrained fatalities ____________________________________ AGENDA ITEM #6. c) page 2 of 16 and serious injuries have increased to the highest number since before 2010. Since 2019, unrestrained fatalities have increased over 40 percent Motorcyclists also represent a high number of injured and killed because of unsafe and poorly trained riders and the challenges vehicle drivers face in observing motorcycles on the road. Washington has seen a drastic decrease in proactive enforcement of traffic laws. This decrease is due to a myriad of factors, include the COVID-19 pandemic, political actions to update laws that reduce an officer’s ability to stop drivers, This project will fund locally coordinated enforcement mobilizations to address impaired driving, distracted driving, seat belt safety, speeding, and motorcycle safety. Funding and events will be organized by local Target Zero Managers (TZMs) & the statewide Law Enforcement Liaison networks and their local Target Zero Task Force. These patrols will also be coordinated with the Washington State Patrol (WSP). Target Zero Managers will establish or strengthen relationships with key WSP district personnel to improve interagency coordination. 3.1.2 Project Purpose and Strategies This project will fund High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEP) patrols to prevent impaired driving, distracted driving, seat belt use, speeding, and motorcycle safety. High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEP) patrols are designed to create deterrence by increasing the expectation of a citation/fine/arrest. Officers may also remove high risk (impaired) drivers when encountered. So together, this countermeasure works by preventing dangerous driving behaviors and stopping those who still decide to engage in those behaviors. Funding and events will be organized by local TZMs, LELs, and their local Target Zero Task Force. Task forces will use local data and professional judgement to determine enforcement priorities for their jurisdictions and will schedule and plan enforcement and outreach activities. Regional participation in the following National Campaigns is mandatory: • Impaired driving enforcement during the Holiday DUI campaign (December 2023). • Distracted driving enforcement during the Distracted Driving campaign (April 2024) • Seat belt enforcement during the Click It or Ticket campaign (May 2024). • Impaired driving enforcement during the Summer DUI campaign (August 2024). These patrols will also be coordinated with the Washington State Patrol (WSP). Target Zero Managers will establish or strengthen relationships with key WSP district personnel to improve interagency coordination with the WSP. 3.1.3 Requirements for National Mobilizations and Traffic Safety Enforcement Program (TSEP) 1. HVE events will be data informed; based on crash data, anecdotal evidence, and the professional judgement of task force members. WTSC strongly believes in the expertise of local officers to understand the highest priority areas in their communities to focus their efforts. 2. The SUB-RECIPIENT will ensure that all officers participating in these patrols are BAC certified and have received and passed the SFST refresher training. 3. SUB-RECIPIENT will ensure all officers participating in Impaired Driving patrols have also received Advanced Roadside Impaired Driving Enforcement (ARIDE) training. 4. SUB-RECIPIENT shall ensure all participating personnel will use the WEMS system provided by the WTSC to record all activities in digital activity logs conducted by their commissioned officers pursuant to the HVE events. Participating officers will fill out all applicable fields of the digital activity log and use the comments field to provide details on irregularities, challenges or other details that would help explain what was encountered during their shift. SUB- RECIPIENT will also ensure all supervisors and fiscal staff have the ability to review and edit those activity logs. AGENDA ITEM #6. c) page 3 of 16 5. Activity conducted outside of the quarterly task force operational plans will not be reimbursed. 3.1.4 Project Intent and Best Practice 1. SUB-RECIPIENT is encouraged to help their Region Task Force fulfill the requirement to participate in the four mandatory National Campaigns. (Holiday DUI campaign in December 2023, Distracted Driving campaign in April 2024, Click It or Ticket campaign in May 2024, and Summer DUI campaign in August 2024). NOTE: Agencies must participate in speed or impaired driving enforcement under this agreement to be eligible to receive funding under the WASPC equipment grant. 2. SUB-RECIPIENT is strongly encouraged to participate in their task force to plan and execute enforcement events. 3. Regional task force will be submitting quarterly operational plans and SUB-RECIPIENT is encouraged to participate to the fullest extent possible. Quarterly operational plans are due October 15, December 15, March 15, and June 15. 4. WTSC encourages participating officers to prioritize violations that directly contribute to the injury and death of road users, such as impaired driving, speeding, distracted driving, non-restraint, etc. 5. SUB-RECIPIENT should promote patrol events through all earned, owned and, if funded, paid media that is available so that the public is made aware of the event before, during, and after the enforcement takes place. It is best practice to translate messages as needed and invite local media involvement in the effort to reach communities in which HVE will occur. 6. SUB-RECIPIENT should strive to actively enforce traffic safety laws focused on collision causing behaviors in priority areas throughout the year outside of HVE events. 7. When participating in motorcycle patrols SUB-RECIPIENT should focus on the illegal and unsafe driving actions of all motor vehicles interacting with motorcycles. This includes speeding, failure to yield to a motorcycle, following too closely to a motorcycle, distracted driving, etc. 8. When participating in motorcycle patrols SUB-RECIPIENT should ensure that enforcement will focus on the illegal and unsafe driving actions of motorcycles that are known to cause serious and fatal crashes. This includes impaired driving, speeding, and following too closely. 9. Performance will be monitored by the regional TZM, LEL, and Task Force, as well as WTSC. WTSC reserves the right to designate specific officers as ineligible for cost reimbursement. This will occur if an officer is determined to not have not met the purpose/intent of this grant in multiple emphasis patrols. 10. Funds can be used to support the mentoring of officers in traffic enforcement. This can be focused on impaired driving, or general traffic enforcement. For DUI mentorship, WTSC has found it to be best practice to include a mix of instruction and practical experience. The mentor should be a DRE when possible, or a highly effective DUI emphasis patrol officer with a minimum of ARIDE training. Mentor/mentee activities will be pre-approved by the TZM or LEL after the mentee submits their interest. 11. Community outreach/collaboration: Funds can be used to pay for traffic safety focused community outreach and collaboration activities. The operational approach for regional community outreach and collaboration activities should be developed at the Task Force level and be approved by the WTSC. WTSC recommends that these activities include an opportunity for the audience to provide feedback on local traffic safety priorities and activities, which ideally will influence the region's plan for traffic safety programming. AGENDA ITEM #6. c) page 4 of 16 In order to receive funding from this grant, agencies must participate with the regional traffic safety task force/coalition in the planning efforts for these activities. WTSC also encourages all law enforcement agencies in Washington to utilize WTSC's data analysis resources, such as interactive dashboards and data from a statewide attitudinal survey, as well their regional Target Zero Manager to identify priorities for engaging with the community. WTSC will provide tools for documenting community collaboration activities, such as the WEMS activity log. 3.1.5 NATIONAL AND STATE-WIDE MOBILIZATIONS Not all agencies are required to participate in all of these, however the region has committed to participate as a region in all of these. Dates are tentative and may change when NHTSA publishes their FFY2024 mobilization calendar. Mobilization Dates Holiday DUI December 13, 2023 – January 1, 2024 U Drive. U Text. U Pay. April 1 – 14, 2024 Click It or Ticket May 13 – June 2, 2024 It’s a Fine Line (optional if funded) July 5 – 21, 2024 DUI Drive Sober or Get Pulled Over August 12 – September 4, 2024 3.2 PROJECT GOALS Prevent traffic crashes to reduce traffic related deaths and serious injuries through active, visible, consistent, and targeted traffic law enforcement, law enforcement training, and community outreach. Law enforcement can have a profound effect on traffic safety and this project aims to increase participation to accomplish that. 3.3 COMPENSATION 3.3.1 The Compensation for the straight time or overtime work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the SOW will not exceed dollar total from amounts listed below. Payment for satisfactory performance shall not exceed this amount unless the WTSC and SUB-RECIPIENT mutually agree to a higher amount in a written Amendment to this Agreement executed by both the WTSC and SUB-RECIPIENT. Comp-time is not considered overtime and will not be approved for payment. All law enforcement agencies who are active members of the Region’s traffic safety task force with a fully executed grant agreement are eligible to participate in this grant. 3.3.2 WTSC will reimburse for personnel straight time or overtime expenses at 150 percent of the officer’s normal salary rate plus SUB-RECIPIENT’s contributions to employee benefits, limited to the following: • FICA • Medicare • Any portion of L&I that is paid by the employer (SUB-RECIPIENT) • Retirement contributions paid by the employer (SUB-RECIPIENT) can be included if the contribution is based on a percentage of their hours worked. Health insurance, or any other benefits not listed above, are not eligible for reimbursement. The SUB-RECIPIENT will provide law enforcement officers with appropriate equipment (e.g., vehicles, radars, portable breath testers, etc.) to participate in the emphasis patrols. 3.3.3 Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other parties impacted by a proposed budget alteration, the budget category amounts may be increased or decreased without amending this AGENDA ITEM #6. c) page 5 of 16 agreement, so long as the total grant award amount does not increase. HVE grant funds should be managed collaboratively by the SUB-RECIPIENT and the TZM. These alterations must be requested through email communication between the regional TZM and assigned WTSC Program Manager. This communication shall include details of the requested budget modifications and a description of why these changes are needed. The TZM will also send an updated quarterly Operations Plan to the WASPC representative monitoring the project if the budget modification will result in changes to the previously submitted plan. 3.3.4 These funds, designated for salaries and benefits, are intended to pay for the hourly straight time or overtime costs and proportional amounts of fringe benefits of commissioned staff pursuing the activities described in the statement of work. These funds may not be used for any other purpose for example any work required to maintain a law enforcement commission including recertification trainings like firearm qualification. This agreement is expressly designated to fund salaries and benefits. By signing this agreement, SUB-RECIPIENT agrees to supply all necessary equipment and vehicles needed to accomplish the work in the scope of work. WTSC is not responsible for any equipment that is lost, stolen, or destroyed in the execution of the scope of work. 3.3.5 Dispatch: WTSC will reimburse communications officers/dispatch personnel for work on this project providing SUB- RECIPIENT has received prior approval from their region’s TZM. This activity must be overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed. 3.3.6 Transport Officers: WTSC will reimburse transport officers for their work on this project providing SUB-RECIPIENT has received approval from their regions TZM. The TZM will work with the regional LEL to determine if need is warranted for the type of HVE activity. This activity must be overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed. 3.3.7 The law enforcement agency involved will not schedule individual officer overtime shifts for longer than eight hours. WTSC understands there may be instances when more than eight hours are billed due to DUI processing or other reasons and an explanation should be provided on the WEMS Officer Activity Log. 3.3.8 The law enforcement agency involved will ensure that any reserve officer for whom reimbursement is claimed has exceeded his/her normal weekly working hours when participating in an emphasis patrol and is authorized to be paid at the amount requested. Reserve officers may only be paid at the normal hourly rate and not at the 150 percent overtime rate. 3.4 PROJECT COSTS The WTSC has awarded $_______________ to the WTSC Region _____ Traffic Safety Task Force for the purpose of conducting coordinated HVE enforcement and community outreach/collaboration activities. The funding must be used for traffic safety purposes in the areas of impaired driving, distracted driving, occupant restraint use, speeding, and motorcycle safety. See the project in WEMS for an updated distribution of funding by specific emphasis area. By signing this agreement, the SUB-RECIPIENT can seek reimbursement for approved straight time or overtime expenses incurred as a participant in this grant. Funds are expressly designated for staffing activities and may not be used for other expenses that may be incurred, such as vehicle damage, supply replacement, etc. All activity must be coordinated by the region’s traffic safety task force and TZM to be eligible for reimbursement. APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. ACTIVITY REPORTS AGENDA ITEM #6. c) page 6 of 16 The SUB-RECIPIENT agrees to have all personnel who work HVE patrols submit a WEMS Officer Activity Log within 24 hours of the end of all shifts worked. These same logs will be associated with invoices as detailed in the “BILLING PROCEDURE” section. Use of the Officer Activity Log in the WTSC’s online grant management system, WEMS, is required. Supervisor review and accuracy certification will also be done in WEMS. 5. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. 6. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the Parties in the form of a written request to amend this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the Parties. Changes to the budget, SUB-RECIPIENT’S Primary Contact, and WTSC Program Manager can be made through email communication and signatures are not required. 7. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 8. ASSIGNMENT The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB-RECIPIENT shall provide the WTSC a copy of all third-party contracts and agreements entered into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the funds provided under this Agreement include funds from NHTSA, such third-party contracts and agreements must include the federal provisions set forth in this Agreement in sections 32 through 40. 9. ATTORNEYS’ FEES In the event of litigation or other action brought to enforce the Agreement terms, each party agrees to bear its own attorney fees and costs. 10. BILLING PROCEDURE All invoices for reimbursement of HVE activities will be done using the WTSC’s grant management system, WEMS. WEMS Officer Activity logs will be attached to invoices, directly linking the cost of the activity to the invoice. Because the activity, approval, and invoicing are all done within WEMS, no back up documentation is required in most cases. Once submitted by the SUB-RECIPIENT, invoices are routed to the regional TZM for review and approval. The TZM will submit all approved invoices to the WTSC via WEMS within 10 days of receipt. Payment to the SUB-RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, 2024, must be received by WTSC no later than August 10, 2024. All invoices for goods received or services performed between July 1, 2024 and September 30, 2024, must be received by WTSC no later than November 15, 2024. 11. CONFIDENTIALITY / SAFEGUARDING OF INFORMATION AGENDA ITEM #6. c) page 7 of 16 The SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent of the WTSC, or as may be required by law. 12. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. 13. COVENANT AGAINST CONTINGENT FEES The SUB-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB-RECIPIENT, to annul this Agreement without liability. 14. DISPUTES 14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of the SUB-RECIPIENT’s receipt of WTSC’s written decision, the SUB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT’s appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall abide by the decision. 14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. 14.3 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in the superior court situated in Thurston County, Washington. 15. GOVERNANCE 15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 15.2.1. Applicable federal and state statutes and rules 15.2.2. Terms and Conditions of this Agreement 15.2.3. Any Amendment executed under this Agreement 15.2.4. Any SOW executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorporated by reference 16. INCOME Any income earned by the SUB-RECIPIENT from the conduct of the SOW (e.g., sale of publications, registration fees, or service charges) must be accounted for, reported to WTSC, and that income must be applied to project purposes or used to reduce project costs. 17. INDEMNIFICATION AGENDA ITEM #6. c) page 8 of 16 17.1. To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind (“claims”) brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIPIENT’s performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of the SUB-RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB-RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from the concurrent negligence of (a) the SUB-RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB- RECIPIENT, its officers, employees, agents, contractors, or subcontractors. 17.2. The SUB-RECIPIENT agrees that its obligations under this Section extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents in the performance of this agreement. For this purpose, the SUB- RECIPIENT, by mutual negotiation, hereby waives with respect to WTSC only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions chapter 51.12 RCW. 17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 18. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 19. INSURANCE COVERAGE 19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law. 19.2. If the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB-RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 20. LICENSING, ACCREDITATION, AND REGISTRATION The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB-RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. 21. RECORDS MAINTENANCE 21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration. The Office of the State Auditor, federal AGENDA ITEM #6. c) page 9 of 16 auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving them a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 22. RIGHT OF INSPECTION The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB- RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 23. RIGHTS IN DATA 23.1. WTSC and SUB-RECIPIENT agree that all data and work products (collectively called “Work Product”) pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB- RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 23.3. The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 24. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30-day notice requirement. The Agreement is subject to renegotiation at the WTSC’s discretion under any new funding limitations or conditions. 25. SEVERABILITY AGENDA ITEM #6. c) page 10 of 16 If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 26. SITE SECURITY While on WTSC premises, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conform in all respects with all WTSC physical, fire, or other security policies and applicable regulations. 27. TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB- RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT. 28. TERMINATION FOR CAUSE If the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the WTSC’s discretion, the SUB-RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB-RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15- day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 29. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either party may terminate this Agreement, without cause or reason, with 30 days written notice to the other party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 30. TREATMENT OF ASSETS 30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB- RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB-RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB-RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the SUB-RECIPIENT to maintain and administer that property in accordance with sound management practices. 30.4. If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. AGENDA ITEM #6. c) page 11 of 16 30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement. 30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub- contractors. 31. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A): 32. BUY AMERICA ACT The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation. 33. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 33.1. By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the “lower tier participant”) is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1200. 33.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 33.4. The terms covered transaction, civil judgement, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. 33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by WTSC. 33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled “Instructions for Lower Tier Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for AGENDA ITEM #6. c) page 12 of 16 lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1200. 33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 33.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 33.9. Except for transactions authorized under paragraph 33.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. 34. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) 34.1. The SUB-RECIPIENT shall: 34.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the SUB-RECIPIENT’s workplace, and shall specify the actions that will be taken against employees for violation of such prohibition. 34.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB- RECIPIENT’s policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. 34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 34.1.1. of this section. 34.1.4. Notify the employee in the statement required by paragraph 34.1.1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otherwise receiving actual notice of such conviction. AGENDA ITEM #6. c) page 13 of 16 34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 34.1.3. of this section, with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 34.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. 35. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. 36. FEDERAL LOBBYING 36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 36.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 36.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including sub-contracts, sub-grants, and contracts under grant, loans, and cooperative agreements), and that all sub- recipients shall certify and disclose accordingly. 36.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 37. NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.) 37.1. During the performance of this Agreement, the SUB-RECIPIENT agrees: 37.1.1. To comply with all federal statutes and implementing regulations relating to nondiscrimination (“Federal AGENDA ITEM #6. c) page 14 of 16 Nondiscrimination Authorities”). These include but are not limited to: 37.1.1.1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252 37.1.1.2. 49 CFR part 21 37.1.1.3. 28 CFR section 50.3 37.1.1.4. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 37.1.1.5. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.) 37.1.1.6. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.) 37.1.1.7. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.) 37.1.1.8. The Civil Rights Restoration Act of 1987 37.1.1.9. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) 37.1.1.10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations 37.1.1.11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency 37.1.1.12. Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government 37.1.1.13. Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation 37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein. 37.1.3. To keep and permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA in a timely, complete, and accurate way. Additionally, the SUB-RECIPIENT must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance 37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 37.1.5. In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the SUB-RECIPIENT hereby gives assurance that it will promptly take any measures necessary to ensure that: “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA”. 37.1.6. To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and in every solicitation for a sub- contract or sub-agreement that receives federal funds under this program. 38. POLITICAL ACTIVITY (HATCH ACT) The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. AGENDA ITEM #6. c) page 15 of 16 39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. 40. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 41. CERTIFICATION ON CONFLICT OF INTEREST 41.1. No employee, officer or agent of the SUB-RECIPIENT who is authorized in an official capacity to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. 41.2. Based on this policy: 41.2.1. The SUB-RECIPIENT shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. The code or standards shall provide that the SUB- RECIPIENT’s officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential sub-awardees, including contractors or parties to subcontracts and establish penalties, sanctions or other disciplinary actions for violations, as permitted by State or local law or regulation. 41.2.2. The SUB-RECIPIENT shall maintain responsibility to enforce the requirements of the written code or standards of conduct. 41.3. No SUB-RECIPIENT, including its officers, employees or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. 41.3.1. The SUB-RECIPIENT shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to WTSC. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 42. DESIGNATED CONTACTS The following named individuals will serve as designated contacts for each of the parties for all communications, notices, and reimbursements regarding this Agreement: AGENDA ITEM #6. c) page 16 of 16 AUTHORITY TO SIGN The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligations set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. SUB-RECIPIENT: Signature Printed Name Title Date WASHINGTON TRAFFIC SAFETY COMMISSION Signature Printed Name Title Date The Contact for the SUB- RECIPIENT is: The Target Zero Manager for Region ___ is: The Contact for WTSC is: Jerry Noviello WTSC Program Manager jnoviello@wtsc.wa.gov 360-725-9897 AGENDA ITEM #6. c) AB - 3453 City Council Regular Meeting - 23 Oct 2023 SUBJECT/TITLE:60 Day Closure – Sunset Blvd. NE RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Public Works Transportation Systems Division STAFF CONTACT:Jim Seitz, Transportation Director EXT.:7245 FISCAL IMPACT SUMMARY: There is no fiscal impact to the City by adopting the resolution. SUMMARY OF ACTION: The I-405, Renton to Bellevue Widening and Express Toll Lanes (ETL) Project is intended to increase the capacity of the I-405 freeway. The project also builds infrastructure for Sound Transit’s Stride Bus Rapid Transit system including a new inline transit station at Northeast 44th Street in Renton. Bus rapid transit, paired with the ETL system, will provide more reliable transportation options for people. As part of this project, a 60-day closure of Sunset Blvd. NE is needed this winter to perform vital work for the project. This project needs to complete the widening of the bridge over Sunset Blvd. NE and install seismic retrofits along the existing bridge piers to increase current capacity on I-405 and improve safety of the traveling public. This 60-day closure is anticipated to occur between January 15, 2023 and May 14, 2024 with notifications provided to the public in accordance with the Public Outreach Plan. Work performed during this period includes the following: 1. Excavation and construction of bridge columns. 2. Installation of concrete girders and pouring the bridge deck. 3. Excavation and installation of seismic retrofit materials. 4. Drainage, Paving, and restriping of Sunset Blvd. NE. This milestone will create the space needed to increase capacity and provide Express Toll Lane Infrastructure on I-405. WSDOT’s public outreach plan is attached and includes one flier for businesses within proximity to the street closure along with the localized detour plan. Public outreach methods include: 14-day advanced notification to businesses Fliers to businesses within the project vicinity as well as Boeing and The Landing Shopping Center Flier provided to City of Renton for internal distribution Hotline and project inbox information provided on fliers, blog posts, and project website AGENDA ITEM #6. d) Message boards will be placed 14 days before the closure to notify the traveling public Emergency services briefing ahead of closure WSDOT availability for media Daily construction times will vary depending on construction activities and weather, but WSDOT currently has a noise variance that allows them to work 24 hours a day Monday through Friday and 7:00 am until 10:00 pm on the weekends. They are also in process of updating their noise variance to allow for work 24 hours a day on the weekends. EXHIBITS: A. Public Outreach Plan B. WSDOT Project Flier with Primary Detour Routes C. Resolution STAFF RECOMMENDATION: Adopt the resolution authorizing the 60-day closure to occur between January 15, 2023 and May 14, 2024 for the purpose of widening the existing bridge over Sunset Blvd. NE and completing the seismic retrofits on the existing bridge piers. AGENDA ITEM #6. d) I-405 Renton to Bellevue Widening and Express Toll Lanes Project 2023-2024 Renton Winter Closure Outreach Plan Sunset Boulevard NE: 60-day full closure of Sunset Boulevard NE – occurring between December 18, 2023 and April 16, 2024 Scope of work: Closure of Sunset Boulevard Northeast to widen the existing I-405 bridge over Sunset Boulevard Northeast and perform seismic retrofits on the existing bridge columns. Completing this work increases capacity to I-405 and supports the construction of WSDOT Express Toll Lanes and Sound Transit Bus Rapid Transit systems. Outreach methods: ·14-day advanced notification to businesses ·Fliers to businesses outlined in the Figure 1 map to the right o Outreach team to also notify Boeing and The Landing Shopping Center ·Flier provided to City of Renton for internal distribution ·Social media and WSDOT Blog posts notifying the public of the closure o Coordination with the City of Renton to share social media posts from the project ·Hotline and project inbox information provided on fliers, blog posts, and project website ·Message boards will be placed 14 days before the closure to notify the traveling public ·Emergency services briefing ahead of closure ·WSDOT availability for media Figure 1: Business flier area Page | 1 AGENDA ITEM #6. d) I-405, Renton to Bellevue Widening and Express Toll Lanes Project 60- day full closure of Sunset Boulevard Northeast Overview Crews working for the Washington State Department of Transportation are fully closing a section of Sunset Boulevard Northeast in Renton that passes underneath I-405. Crews are widening the bridge over Sunset Boulevard Northeast and performing seismic retrofit work on the existing bridge columns. Both directions of Sunset Boulevard Northeast will be closed. A shuttle will be provided for bicyclists and pedestrians around the closure. Shuttle stop locations are pictured on the adjacent map. This key milestone for the I-405, Renton to Bellevue Widening and Express Toll Lanes project is necessary to complete widening of the I-405 freeway. Work during this closure period will include: Installing girders and widening the existing bridge Seismic retrofits to the existing bridge structure Both directions of Sunset Boulevard Northeast that pass underneath I-405 will be closed. Signed detours will be in place. Installation of new drainage, paving, and road striping Lane and Ramp Closures 60-day duration between January 15, 2023 through May 14, 2024 (advance notice provided)-Full closure of Sunset Boulevard NE between the I-405 Northbound and Southbound freeway ramps. Southbound I-405 to Sunset Boulevard NE off-ramp and Sunset Boulevard NE on-ramp to Northbound I-405 will remain open. AGENDA ITEM #6. d) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING TEMPORARY FULL STREET CLOSURES OF SUNSET BOULEVARD NE BETWEEN THE I-405 NORTHBOUND AND SOUTHBOUND FREEWAY RAMPS. WHEREAS, the Washington State Department of Transportation (WSDOT) is constructing the I-405, Renton to Bellevue Widening and Express Toll Lanes (ETL) project; and WHEREAS, this construction activity will require a temporary street closures of Sunset Boulevard NE between the I-405 northbound freeway on-ramp and southbound freeway off- ramp; and WHEREAS, pursuant to the City Code section 9-9-3, such street closures require City Council authorization by means of a resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby authorize the temporary closures of Sunset Boulevard NE between the I-405 northbound and southbound freeway ramps, not to exceed sixty (60) days, anytime during the period beginning Monday, January 15, 2024 through Tuesday, May 14, 2024 for widening the existing I-405 bridge over Sunset Blvd. NE and completing the seismic retrofits on the existing bridge piers for the purpose of increasing capacity of the I-405 freeway. SECTION II. Notice of the closure shall be posted and published as required by RMC 9-9- 2 and RMC 9-9-3. AGENDA ITEM #6. d) RESOLUTION NO. _______ 2 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 RES- PW:1956:10/18/23 AGENDA ITEM #6. d) AB - 3445 City Council Regular Meeting - 23 Oct 2023 SUBJECT/TITLE:Agreement with Jacobs Engineering, Inc for Ginger Creek and Honey Creek Subbasin Plans RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT:Bowen Spellman, Surface Water Civil Engineer I EXT.:7323 FISCAL IMPACT SUMMARY: The total cost of the Agreement with Jacobs Engineering Group, Inc. is $296,170.91. The expenditure budget for the Ginger Creek and Honey Creek Subbasin project (427.475522.015.594.31.63.000) that will fund this agreement is $600,000. There is sufficient funding in the budget to cover the cost of this agreement. SUMMARY OF ACTION: These subbasin plans will entail an evaluation of the condition and conveyance capacity of the existing piped creek sections. These CMP sections elevate flood risk due to deteriorating pipe condition and sediment accumulation. Sediment accumulation within the piped creek sections is partially caused by the flat slopes of these sections. Maintenance is hindered due to these pipe sections being located on private property, lack of adequate access, and the consistent presence of water in the pipes. During significant storm events in the past, these piped sections have experienced surcharging, resulting in flooding in Cascade Park along Ginger Creek and the shopping center east of Whitman Court NE along Honey Creek. The objective of this project is to develop comprehensive subbasin plans for the pipedsections of Ginger and Honey Creek. Ginger Creek and Honey Creek both feature long creek sections that are channeled through large aging, corrugated metal pipes (CMP). This would help to determine whether repairs or replacements are necessary and whether these pipes can accommodate the expected future flows within their respective subbasins. Conditionassessment will rely on examination of CCTV footage which will be captured by City operations staff. The consultant will perform on-site visits and hydrologic/hydraulic analysis. The latter analysis will incorporate projections of the subbasins' future land use runoff conditions to assess future conveyance requirements. Conceptual alternatives involving replacement, realignment and possibly daylighting of pipe sections will be developed.Developed subbasin plans and alternativeswill help identify the long-term capital investments needed to addressconveyancecapacity issues and protect public safety from flood risk. In June 2023, the city conducted a review of qualified consultants listed in the city's MRSC Roster to select a consultant for services required for this project. After a review of the Statement of Qualifications and conducting an interview to evaluate similar project history, Jacobs Engineering Group, Inc. was selected for thisproject as the most qualified firm. EXHIBITS: A. Agreement B. Vicinity Map AGENDA ITEM #6. e) C. Site Maps STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the agreement with Jacobs Engineering Group, Inc. in the amount of $296,170.91forthe Ginger and Honey Creek Subbasin Plans. AGENDA ITEM #6. e) AGENDA ITEM #6. e) 4,514 376 City of Renton Print map Template This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. None 6/26/2023 Legend 2560128 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet Notes 256 WGS_1984_Web_Mercator_Auxiliary_Sphere Information Technology - GIS RentonMapSupport@Rentonwa.gov Network Structures Public Access Riser Private Access Riser Public Inlet Private Inlet Public Manhole Private Manhole Public Utility Vault Private Utility Vault Public Clean Out Private Clean Out Public Unknown Private Unknown Pump Station Public Pump Station Private Pump Station Discharge Point Public Discharge Point Private Discharge Point Water Quality Public Water Quality Private Water Quality Detention Facilities Public Detention Facility Private Detention Facility Pipe =piped portion of creek =open channel portion of creek =mapped as open channel w/ no open channel present during 6.26.23 site visit 1 2 3 =pipes/channels within project AGENDA ITEM #6. e) 4,514 376 City of Renton Print map Template This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. None 6/26/2023 Legend 2560128 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet Notes 256 WGS_1984_Web_Mercator_Auxiliary_Sphere Information Technology - GIS RentonMapSupport@Rentonwa.gov Network Structures Public Access Riser Private Access Riser Public Inlet Private Inlet Public Manhole Private Manhole Public Utility Vault Private Utility Vault Public Clean Out Private Clean Out Public Unknown Private Unknown Pump Station Public Pump Station Private Pump Station Discharge Point Public Discharge Point Private Discharge Point Water Quality Public Water Quality Private Water Quality Detention Facilities Public Detention Facility Private Detention Facility Pipe =piped portion of creek =open channel portion of creek =mapped as open channel w/ no open channel present during 6.26.23 site visit =pipes/channels within project AGENDA ITEM #6. e) 4,514 376 City of Renton Print map Template This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. None 6/26/2023 Legend 2560128 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet Notes 256 WGS_1984_Web_Mercator_Auxiliary_Sphere Information Technology - GIS RentonMapSupport@Rentonwa.gov Network Structures Public Access Riser Private Access Riser Public Inlet Private Inlet Public Manhole Private Manhole Public Utility Vault Private Utility Vault Public Clean Out Private Clean Out Public Unknown Private Unknown Pump Station Public Pump Station Private Pump Station Discharge Point Public Discharge Point Private Discharge Point Water Quality Public Water Quality Private Water Quality Detention Facilities Public Detention Facility Private Detention Facility Pipe =piped portion of creek =open channel portion of creek =mapped as open channel w/ no open channel present during 6.26.23 site visit 4 No open channel was observed (neither seen nor heard) through the thick vegetation in this area =pipes/channels within project AGENDA ITEM #6. e) 2,257 188 City of Renton Print map Template This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. None 8/9/2023 Legend 128064 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet Notes 128 WGS_1984_Web_Mercator_Auxiliary_Sphere Information Technology - GIS RentonMapSupport@Rentonwa.gov Network Structures Public Access Riser Private Access Riser Public Inlet Private Inlet Public Manhole Private Manhole Public Utility Vault Private Utility Vault Public Clean Out Private Clean Out Public Unknown Private Unknown Pump Station Public Pump Station Private Pump Station Discharge Point Public Discharge Point Private Discharge Point Water Quality Public Water Quality Private Water Quality Detention Facilities Public Detention Facility Private Detention Facility Pipe =piped portion of creek =open channel portion of creek =pipes/channels within project AGENDA ITEM #6. e) 2,257 188 City of Renton Print map Template This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. None 8/9/2023 Legend 128064 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet Notes 128 WGS_1984_Web_Mercator_Auxiliary_Sphere Information Technology - GIS RentonMapSupport@Rentonwa.gov Network Structures Public Access Riser Private Access Riser Public Inlet Private Inlet Public Manhole Private Manhole Public Utility Vault Private Utility Vault Public Clean Out Private Clean Out Public Unknown Private Unknown Pump Station Public Pump Station Private Pump Station Discharge Point Public Discharge Point Private Discharge Point Water Quality Public Water Quality Private Water Quality Detention Facilities Public Detention Facility Private Detention Facility Pipe =piped portion of creek =open channel portion of creek =pipes/channels within project AGENDA ITEM #6. e) AGREEMENT FOR SERVICES TO DEVELOP THE GINGER AND HONEY CREEK SUBBASIN PLANS - SWP 27-4241 THIS AGREEMENT, dated for reference purposes only as September 19, 2023, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Jacobs Engineering Group, Inc. (“Consultant”), a Delaware 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 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 C or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit B. All Work shall be performed by no later than March 31, 2026. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $296,170.91, plus any applicable state and local sales taxes. Compensation shall be paid as a flat rate fixed sum based upon Work actually performed according to the rate(s) or amounts specified in Exhibit C. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit C. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the AGENDA ITEM #6. e) PAGE 2 OF 10 name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or 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 that Consultant will perform all Work identified in this Agreement in a professional manner in accordance AGENDA ITEM #6. e) PAGE 3 OF 10 with the professional standard of care and applicable laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall sign and, as applicable, stamp 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 an y 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: AGENDA ITEM #6. e) PAGE 4 OF 10 A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant , except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out the services provided or of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. AGENDA ITEM #6. e) PAGE 5 OF 10 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: 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 perclaim. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single AGENDA ITEM #6. e) PAGE 6 OF 10 limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, claims, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Bowen Spellman 1055 South Grady Way Renton, WA 98057 CONSULTANT Jana Crawford 1100 112th Ave NE – Suite 500 Bellevue, WA 98004 AGENDA ITEM #6. e) PAGE 7 OF 10 Phone: (425) 430-7323 bspellman@rentonwa.gov Fax: (425) 430-7241 Phone: (360) 791-6718 Jana.Crawford@jacobs.com Fax: N/A 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. AGENDA ITEM #6. e) PAGE 8 OF 10 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 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 Bowen Spellman, Surface Water Utility Engineer. 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 AGENDA ITEM #6. e) PAGE 9 OF 10 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 on e party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other AGENDA ITEM #6. e) PAGE 10 OF 10 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. 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 Jeremy Hollingsworth, PE, DBIA, PMP Manager of Projects, Jacobs _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney Renton City Attorney Contract Template Updated 5/21/2021 AGENDA ITEM #6. e) 1 Exhibit A Jacobs Engineering Group Inc. DRAFT SCOPE OF WORK Ginger Creek and Honey Creek Subbasin Plans FOR CITY OF RENTON September 19, 2023 Introduction The City of Renton (the “City”) has requested Jacobs (“Consultant”) assist the City in developing improvement plans for two subbasins along two distinct reaches of Ginger Creek and Honey Creek to identify opportunities to address flooding and stormwater impacts through creek realignment or daylighting, or pipe replacement/rehabilitation. The study will identify flooding extents under existing and future land use, stormwater infrastructure and asset deficiency problems in the subbasins and propose potential solutions. The plans may lead to future improvement design projects that may be funded through grants or City funds. Background Ginger Creek is a tributary to the Cedar River, but sections of the creek have been placed in aging large pipe sections (72-inch Corrugated Metal Pipe (CMP)) located in Tiffany Park, Cascade Park, and residential neighborhoods. The existing pipe system has surcharged during significant storm events causing flooding in Cascade Park. After the City annexed the Benson Hill area, the pipe systems and open channels were maintained to reduce sediment buildup between SE 160th St and the Cedar River Pipeline ROW, which has reduced the occurrence of flooding. However, this plan is needed to evaluate conditions of the existing pipe sections due to their age and the capacity of the existing conveyance system. The plan will involve a hydrologic and hydraulic analysis of the subbasin for future land use runoff conditions and the evaluation of the conveyance system conditions to identify long-term capital investment needs to prevent future flooding and to protect public safety. In addition, the plan will evaluate opportunities for incorporating environmental and other multi-purpose benefits. The Ginger Creek subbasin planning area is shown in Figure 1. The Ginger Creek planning area includes the areas outlined in blue, as well as Cascade and Tiffany Parks outlined in red. AGENDA ITEM #6. e) 4,800800 City of Renton Print map Template This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. WGS_1984_Web_Mercator_Auxiliary_Sphere Notes None 7/11/2023 Legend 544 272 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet544 Information Technology - GIS 0 Network Structures Public Access Riser Private Access Riser Public Inlet Private Inlet Public Manhole Private Manhole Public Utility Vault Private Utility Vault Public Clean Out Private Clean Out Public Unknown Private Unknown Pump Station Public Pump Station Private Pump Station Discharge Point Public Discharge Point Private Discharge Point Water Quality Public Water Quality Private Water Quality Detention Facilities Public Detention Facility Private Detention Facility Pipe Public Pipe Private Pipe Public Culvert Private Culvert Public Roofdrain Private Roofdrain Open Drains Facility Outline Fence Facility Transfer Inactive Structure Inactive Pipe Inactive Water Quality Inactive Detention Facilities Inactive Discharge Point Environment Designations Natural Shoreline High Intensity Shoreline Isolated High Intensity Shoreline Residential City of Renton - Ginger Creek Alignment 500 CASCADE PARK TIFFANY PARK CREEK DAYLIGHTS DISCHARGE POINT EX 60" CMP PIPE EX WETLAND EX 36" CMP PIPE GINGER CREEK EX 60" CMP PIPE EX WETLAND Legend Network Structures Public Access Riser Private Access Riser Public Inlet Private Inlet Public Manhole Private Manhole Public Utility Vault Private Utility Vault Public Clean Out Private Clean Out Public Unknown Private Unknown Pump Station Public Pump Station Private Pump Station Linetypes and Hatches Discharge Point Public Detention Facility Private Detention Facility Inactive D Inactive Discharge Point Surface Water Main (Public) Surface Water Main (Private) Water Main Wastewater Main (Public) Stream Alignment Parcel Limits Wetland EX 60" CMP PIPE EX 60" DI PIPE EX 30" CONC PIPE Study Area 500 10000 8/14/2023 AGENDA ITEM #6. e) 3 Honey Creek is a tributary to May Creek (which ultimately discharges to Lake Washington), but sections of the creek have been placed in aging large pipes sections (ranging from 72-inch CMP to double-barreled 24-inch CMP) that are very prone to sediment accumulation due to flat grade and inability of maintenance through sections on private property. The study area spans from Duvall Avenue NE to Union Avenue NE, which contains this piped section and a short open channel section. The majority of the system through the project area is located under commercial properties and Sunset Boulevard. The existing pipe system has surcharged during significant storm events causing flooding in the shopping center to the east of Whitman Court NE. It is unknown if the same level of flooding occurs west of Whitman Court NE but it is presumed that it suffers from similar capacity and condition problems. This plan is needed to evaluate the condition of the existing pipe sections due to their age and to assess their lack of conveyance capacity. The plan will involve a hydrologic and hydraulic analysis of the subbasin for future land use runoff conditions and the evaluation of the conveyance system conditions to identify long-term capital investment needs to prevent future flooding, improve creek health if possible, and to protect public safety. In addition, the plan will evaluate opportunities for incorporating environmental and other multi-purpose benefits. The Honey Creek subbasin planning area is shown in Figure 2. AGENDA ITEM #6. e) 1,128188 City of Renton Print map Template This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATIONWGS_1984_Web_Mercator_Auxiliary_Sphere Notes None 07/11/2023 Legend 128 0 64 128 Feet Information Technology - GIS RentonMapSupport@Rentonwa.gov Network Structures Public Access Riser Private Access Riser Public Inlet Private Inlet Public Manhole Private Manhole Public Utility Vault Private Utility Vault Public Clean Out Private Clean Out Public Unknown Private Unknown Pump Station Public Pump Station Private Pump Station Discharge Point Public Discharge Point Private Discharge Point Stormwater Fitting Water Quality Public Water Quality Private Water Quality Detention Facilities Public Detention Facility Private Detention Facility Pipe Public Pipe Private Pipe Public Culvert Private Culvert Public Roofdrain Private Roofdrain Open Drains Virtual Drainline Facility Outline Fence Flow Control BMP Facility Transfer Inactive Structure Inactive Pipe Inactive Water Quality Inactive Detention Facilities Inactive Discharge Point City and County Labels Parcels City and County Boundary <all other values> Renton Environment Designations Natural Shoreline High Intensity Shoreline Isolated High Intensity Shoreline Residential Urban Conservancy Jurisdictions Streams (Classified) City of Renton - Honey Creek Alignment Legend Network Structures Public Access Riser Private Access Riser Public Inlet Private Inlet Public Manhole Private Manhole Public Utility Vault Private Utility Vault Public Clean Out Private Clean Out Public Unknown Private Unknown Pump Station Public Pump Station Private Pump Station Discharge Point Public Detention Facility Private Detention Facility Inactive D Inactive Discharge Point City and County Boundary <all other values> Renton Environment Designations Natural Shoreline High Intensity CREEK DAYLIGHTS CREEK DAYLIGHTS DISCHARGE POINT HONEY CREEK EX 48" CULVERT EX 72"x44" CMP ARCH CREEK DAYLIGHTS PRIVATE WQ AND STORMWATER VAULT McDONALD'S EX 58"x36" CMP ARCH EX (2) 54" CMP PIPES EX 30" CONC PIPE Linetypes and Hatches Surface Water Main (Public) Surface Water Main (Private) Water Main Wastewater Main (Public) Stream Alignment Parcel Limits Wetland Study Area 125250 2500 125250 2500 08/14/2023 AGENDA ITEM #6. e) 5 Task 1 Project Management Perform project management, administration, and coordination of work effort involved in all phases and tasks. This task will continue throughout the duration of the project. It will include the work necessary to set up financial accounting, develop and implement quality procedures, perform overall project coordination with the City and project team, and project closeout. Invoices and progress reports will be provided to the City on a monthly basis. Monthly progress reports will include a summary of work performed by the Consultant for that period and the work anticipated to be completed in the next period. Monthly progress virtual meetings between the Consultant and the City will take place to discuss project status and resolve any outstanding issues. QA/QC: Consultant shall conduct internal quality control on all deliverables identified in this scope. Task 1 Assumptions · Project duration is assumed to be 24 months. · Jacobs will develop a project management plan (PMP)/quality management plan (QMP) to clarify project instructions for the team, and Jacobs best practices will be implemented for project and quality management. Task 1 Deliverables · Monthly Invoices and Progress Reports (sent electronically via e-mail). · One monthly virtual meeting (up to one (1) hour) with the City Project Manager to report project status. Task 2 Desktop Analysis/Existing Conditions Characterization Consultant shall prepare a characterization of the Ginger and Honey Creek subbasins utilizing existing information and through a reconnaissance level field visit. The goal of this task is to advance the understanding of existing conditions within the respective subbasins. Work under this task shall include conducting a kick-off meeting, review of existing data, limited field investigation and ecological analysis, exploration of stormwater retrofit opportunities and constraints, and creation of a technical memorandum (TM) to document the analysis and characterization. Task 2 Assumptions · As the precise number of drainage connections and pipes to be reviewed is unknown at this time, and the amount of available data and reports is also unknown, the level of detail of the review of existing information and the level of detail to describe known or suspected impacts will be adjusted as necessary to meet the overall Task budget. If additional detail is required by the City, this may require an amendment to this scope and budget. · Maps will be developed using existing available data from City GIS (CORMaps), reports or basemap files provided by the City. No additional potholing, surveying or GPS mapping AGENDA ITEM #6. e) 6 will be conducted to develop maps. Critical discrepancies will be investigated upon approval of the City up to the budget provided herein or separately authorized. Non- critical and other data gaps will be documented in the technical memorandum. · All field work, stormwater retrofit opportunities, and Task 2 analysis will be adjacent to the main-line pipes (creek) within the planning area. · Data collected will be collated into a webmap and SharePoint directory for transfer to the City at the completion of the project. Subtask 2.1 Kick-off Meeting Consultant shall prepare for and participate in a kick-off meeting at the City, assuming two (2) hours in length to define key objectives, milestones, and scope of each subbasin area. Subtask 2.1 Assumptions · Kick-off meeting will be attended by two (2) Consultant staff. Subtask 2.1 Deliverables · Meeting notes (sent electronically via e-mail). Subtask 2.2 Review Existing Information Consultant shall review existing data and identify known gaps or additional data needs. Information to be reviewed may include, but is not limited to: · Existing water quality and flow monitoring data, if available · Record drawings · Pipe condition (CCTV and photos via City GraniteNet Portal) · Community/Landowner restrictions, etc. · Existing studies/reports including relevant drainage basin reports or stormwater masterplans including the Renton Stormwater Master Plan and Cedar River Report · GIS CORMaps (Infrastructure locations, pipe data, right-of-way locations, topography, and property ownership) Consultant shall utilize and review City provided pipe condition assessment data (CCTV, defect coding, and photos) of fair and poor assets. Consultant shall analyze condition and assess rehabilitation/replacement recommendations as background for Alternatives Analysis Task. Subtask 2.2 Assumptions · 10 pipe segments for Honey Creek subbasin, 3 in poor condition, 5 in fair condition, and 2 in good condition. · 34 pipe segments for Ginger Creek subbasin, 10 in poor condition, 17 in fair condition, and 7 in good condition. · Pipe cleaning, and video inspection, and coding will be performed by the City with video coding performed consistent with City sewer maintenance coding standards (NASSCO PACP). AGENDA ITEM #6. e) 7 · The City will provide Consultant access to City online GraniteNet portal for access to video files and defect coding. · The City will take the lead in assessing condition of pipes and provide Consultant with characterization of pipe as good, fair, or poor. Consultant will not review assets coded as good. · Pipe condition and recommendations will be added to the project webmap. Subtask 2.2 Deliverables · Findings will be documented in a summary table and GIS maps included in the Subtask 2.6 TM. · Create a webmap for the project. Subtask 2.3 Stormwater Retrofit Opportunities and Constraints Consultant shall utilize GIS data to identify areas of opportunity and constraints for stormwater retrofits. This analysis will consider feasibility of Ecology GULD-level water quality technologies, as well as the potential for flow control (detention) facilities. Subtask 2.3 Deliverables · Findings will be documented in the Subtask 2.6 TM. Subtask 2.4 Reconnaissance Field Visit and Ecological Assessment Consultant shall perform a seven (7) hour reconnaissance level field visit and ecological analysis. Information to be reviewed may include, but is not limited to: · Confirm accuracy of applicable data gathered under Subtask 2.2. · Summarize site opportunities and constraints, including potential conflicts with existing programs, acceptable level of project impacts and required site restoration. · Qualitatively observe the daylit portions of each creek to assess permitting implications and quantitatively to estimate existing channel geometry. · Assess stormwater retrofit opportunities identified in Subtask 2.3. Consultant will host one (1) post-visit virtual meeting after the field visit to compare and document observations, assuming one (1) hour in length. Subtask 2.4 Assumptions · Field work will be limited to the City ROW or real property and public property and will not require access to private property. · Field visit will be attended by up to five (5) Consultant staff. · Field visit will be performed by walking creek segments within parks and performing a driving review of other areas. Subtask 2.4 Deliverables · Findings will be documented in the Subtask 2.6 TM. AGENDA ITEM #6. e) 8 Subtask 2.5 H&H Modeling of Existing System Consultant shall perform preliminary Hydrologic and Hydraulic (H&H) modeling at the subbasin scale to estimate flow rates through existing infrastructure, identify capacity constraints, and provide bankfull width assessment of open channel portions of the creek. The following preliminary modeling will be performed: Ginger Creek · Up to ten (10) catchments modeled in WWHM, with hydrologic results exported as time series to truncated network for hydraulic capacity analysis: o Existing (as-is) o Future (maximum impervious cover) Honey Creek · Up to ten (10) catchments modeled in WWHM, with hydrologic results exported as time series to truncated network for hydraulic capacity analysis [assume peak outflow from the pond establishing the upstream boundary]: o Existing (as-is) o Future (maximum impervious cover) Subtask 2.5 Assumptions · Calculation of creek bankfull width and minimum hydraulic opening will be performed with Manning’s equation for the flows calculated in WWHM. · Hydrologic modeling will be performed with WWHM or MGS Flood continuous runoff software to simulate hydrologic runoff and entered as time series inputs to the hydraulic network at discrete locations. · Hydraulic modeling of the conveyance network will be performed using PCSWMM. · Estimates of future land use and impervious land cover will be based on maximum impervious coverage for existing zoning and provided by the City. Existing land cover types will be converted to future land use using Excel and used in the hydrologic analysis. · Increase of peak flows due to climate change, if requested by the City, will be estimated at this phase using the Washington Department of Fish and Wildlife culvert calculator peaking factors, which provides a percent increase based on location and recurrence interval. · Stormwater (i.e., capacity) design standards will be per the City of Renton Stormwater Manual or as otherwise provided by the City. · Continuous rainfall will be used to run hydrologic simulations, with statistical analysis of flow rates used to provide recurrence flow conditions, as per City design standards guidance (e.g., 2-year, 10-year, 25-year, and/or 100-year events). · Catchments and associated flows will be developed for the ‘main line’ of the creek. Catchments and associated flows for branches and catchments less than 2 acres discharging to the local City stormwater system may be combined and have limited detail given on delineation of the individual downstream systems. AGENDA ITEM #6. e) 9 · Peak outflow will be assumed for the detention pond that establishes the upstream boundary of the Honey Creek subbasin. Only the catchments draining directly to the project boundary’s main line will be modeled for Honey Creek. Subtask 2.5 Deliverables · Findings will be documented in the Subtask 2.6 TM. Subtask 2.6 Present Findings Consultant shall document the findings of Task 2 in a TM and two GIS maps (one for each subbasin) summarizing the data sources and gaps, methods and results of analysis. Consultant shall hold a virtual workshop up to two (2) hours in length to present findings to the City and confirm goals and constraints of the alternatives analysis. Subtask 2.6 Assumptions · TM will not exceed ten (10) pages in length (not including appendices). · GIS maps, one for each subbasin, will contain no more than three (3) sheets for each subbasin. · Virtual workshop will be attended by up to seven (7) Consultant staff. Task 2.6 Deliverables · Workshop meeting notes (sent electronically via e-mail). · TM including a GIS map of each subbasin (draft and final, sent electronically via e-mail or file transfer). · The webmap created to develop GIS maps will be provided at the end of the project (sent through the ArcGIS online platform). Task 3 Alternatives Analysis Work under Task 3 is described herein for budgeting purposes and will not commence until it has been authorized and approved by the City Project Manager upon completion of Task 2. Work under this task will produce 2-3 feasible alternatives for each subbasin; each alternative will include preliminary modeling, conceptual design, and cost estimating. The goal of this task is to identify preliminary pipe rehabilitation or replacement strategies, to identify where creek daylighting and/or stormwater retrofits may be feasible, and to determine what system improvements are necessary to address flooding. Task 3 Assumptions · The precise work to be performed under Task 3 and associated level of effort is unknown until Task 2 is complete. An estimate of tasks and hours has been provided for budget purposes; scope and related level of effort will be reviewed with City staff and adjusted via an amendment if the current allocated budget is insufficient for the tasks or if different scope is desired by the City. AGENDA ITEM #6. e) 10 Subtask 3.1 Alternatives Analysis Consultant will develop 2-3 feasible alternatives for each subbasin based on information gathered and analyzed in Task 2. Each alternative will include an estimate of permitting requirements, potential schedule, applicable fish passage requirements, general safety topics/concerns, and identification of potential grant funding if available. Modeling summarized under Subtask 3.2 to evaluate feasible alternatives will be performed concurrently with Subtask 3.1. Consultant will develop preliminary rehabilitation/replacement strategies and extents based on review of the City’s pipe condition characterization, inspection data, and constraints associated with implementation. Consultant shall document the findings of Subtasks 3.1 and 3.2 in a TM and GIS maps for the 2- 3 feasible alternatives in each subbasin. Consultant shall hold a virtual workshop up to two (2) hours to present findings to the City. Subtask 3.1 Assumptions · All alternatives will be located along or in vicinity to the main-line pipes (creek) within the study area. · Pipe rehabilitation/replacement recommendations will be provided for the main-line pipes within the study area but not branch or other minor pipes at this time. · Pipe renewal strategy(ies) for subbasins shall be developed based on pipe condition and constraints. Example constraints may include level of deformation of pipe, sensitivity to hydraulic restriction, and/or constructability (access, ease of dewatering, host pipe condition, etc.). · TM will not exceed twelve (12) pages in length (not including appendices). · Draft TM will be submitted to the City and necessary revisions addressed prior to creating the StoryMap under Subtask 3.3. · Virtual workshop will be attended by up to seven (7) Consultant staff. · GIS maps for each feasible alternative in each subbasin will include no more than 3 sheets per subbasin. Subtask 3.1 Deliverables · Alternatives Analysis TM including GIS maps of the 2-3 feasible alternatives in each subbasin (draft and final, sent electronically via e-mail or file transfer). · Workshop meeting notes (sent electronically via e-mail). Subtask 3.2 H&H Modeling Consultant shall perform the following H&H modeling using future flows developed in Subtask 2.5: · Determine preliminary sizing of alternatives in Subtask 3.1. · Perform an analysis & comparison with existing condition results from Subtask 2.5. AGENDA ITEM #6. e) 11 Subtask 3.2 Assumptions · PCSWMM will be used to model the stormwater network and simulate the hydraulic capacity throughout the network. · 2d modeling or stream scour or sediment transport will not be performed. · Simulation results will be used to size alternatives in Subtask 3.6. Subtask 3.2 Deliverables · Findings will be documented in the Subtask 3.1 Alternatives Analysis TM. Subtask 3.3 StoryMap of Alternatives Present alternatives to the City utilizing a StoryMap website. The StoryMap website will be a relatively simple product created from information previously developed for the project. The City may use the StoryMap to seek input from stakeholders before selecting a preferred alternative for each basin. Once a preferred alternative has been selected, applicable content from Subtask 3.4 will be added to the StoryMap at the City’s option (assume 15 hours). Subtask 3.3 Assumptions · The StoryMap will be developed after the draft Subtask 3.1 TM has been revised in response to City comments. Content from the final version of the TM will be used to develop the StoryMap. · The StoryMap will be limited to maps created under other project tasks and photos taken during other tasks. No new graphics or material will be created for the StoryMap. Subtask 3.3 Deliverables · One (1) StoryMap describing 2-3 alternatives for each subbasin, developed under Subtask 3.1, including applicable site opportunities and constraints developed under Task 2 and estimate of permitting requirements, potential schedule, applicable fish passage requirements, general safety topics/concerns, and identification of potential grant funding developed under Subtask 3.1 (preliminary, revised draft, and final; sent through the ArcGIS online platform). Subtask 3.4 Develop Concept Drawings and Cost for Preferred Alternatives Once the preferred alternatives have been selected by the City (one per subbasin, two total), develop concept drawings, Class 5 cost estimate and suggested approach to receiving grant funding. Modeling summarized under Subtask 3.6 will be performed concurrently with Subtask 3.4. Subtask 3.4 Assumptions · Cost estimate for the preferred alternative for each subbasin will be performed to AACE Class V, with an approximate range of -50% to +100%. · TM will not exceed five (5) pages in length (not including appendices). Concepts and cost estimates will be attached as appendices. AGENDA ITEM #6. e) 12 Subtask 3.4 Deliverables · Concept drawings, prepared to an approximately 15% level of design development using GIS. Each 11”x17” concept drawing will be created in PDF, using Adobe or BlueBeam, on a background created in GIS. · One cost estimate per basin for the preferred alternative. · TM including basis of design for concepts and basis of estimate for the cost estimates (draft and final, sent electronically via e-mail or file transfer). Subtask 3.5 Community Outreach Support Consultant team staff will be available up to 40 hours to support outreach activities upon the City’s request (e.g., attend community meetings, answer community questions, or otherwise support the City with community engagement). Subtask 3.5 Assumptions · Outreach activities will be led by the City. Subtask 3.5 Deliverables · None anticipated. Subtask 3.6 H&H Model Refinement for Preferred Alternatives Consultant shall refine the H&H modeling in Subtask 3.2 for one preferred alternative in each subbasin. This includes updating the PCSWMM models with the chosen alternative and providing simulation results to confirm available capacity. Subtask 3.6 Assumptions · Stationarity of WWHM results makes them directly transferable to alternatives analyses. · Final modeling and analyses will be completed after preferred alternatives have been selected. · Findings will be used to inform concepts developed under Subtask 3.4 and documented in the TM. Subtask 3.6 Deliverables · Models and simulated results will be provided at the end of the project (sent electronically via e-mail or file transfer). · Figures of final alternatives, with symbolized results, will be provided for each subbasin. Task 4 Allowance for Additional Services This task includes an allowance for additional services that may be requested by the City (such as spot surveying of rims/IEs to fill potential data gaps). An allowance of $20,000 is allocated for this task. No budget can be used from this task without prior written approval by the City. AGENDA ITEM #6. e) 13 General Assumptions Applicable to All Tasks 1. After project completion, GIS mapping data in a shapefile will be delivered electronically to the City via a map package on ArcGIS Online. 2. The extents of the modeled area will not be expanded nor will monitoring or calibration be performed under this contract without separate authorization and change management. 3. No geotechnical evaluations will be performed during this analysis. 4. The City will be responsible for the timely collection of comments from reviewers, and resolving conflicting comments, and shall submit one set of consolidated comments to Consultant for each deliverable. Comments will be provided within 2 weeks of submission and will be provided with comments or tracked changes in the native document or in a consolidated excel spreadsheets. Consultant’s responses will be provided in the original comment document. 5. The City will provide legal, administrative, and financial review and support for documents developed prior to the use of such documents for future planning. The Consultant is not the City’s legal advisor and cannot provide legal counsel to the City. 6. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Consultant will keep the City informed on effects to the schedule. 7. Consultant makes no warranty that the City’s actual cost, performance, or schedules will not vary from Consultant’s opinions of cost, projections, or estimates. In providing opinions of stormwater flood reduction, cost, stormwater mitigation, water quality improvement, and schedules for the project, Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost, performance, or schedule. If the City wishes greater assurance as to any element of project cost, feasibility, or schedule, the City will employ an independent cost estimator, contractor, or other appropriate advisor. 8. Consultant’s level of effort shall not exceed that provided in the Fee Estimate. 9. Neither temporary nor permanent right-of-way or conservation easement preparation nor negotiation will be performed by the Consultant. AGENDA ITEM #6. e) 14 Exhibit B Jacobs Engineering Group Inc. ESTIMATED SCHEDULE The Estimated Schedule for Ginger and Honey Creek Basin Plan Study is: · Notice to Proceed –November 2023 · Task 2: Desktop Analysis/Existing Conditions Characterization – November 2023 to June 2024 · Task 3: Alternatives Analysis – July 2024 to October 2025 AGENDA ITEM #6. e) Task #Description N D J F M A M J J A S O N D J F M A M J J A S O Task 1 - Project Management Project Management and Administration Invoicing and Progress Reporting Team Coordination Task 2 - Desktop Analysis/Existing conditions Characterization 2.1 Kick-off Meeting 2.2 Review Existing Information Webmap 2.3 Stormwater Retrofit Opportunities and Constraints 2.4 Reconnaissance Field Visit and Ecological Assessment 2.5 H&H Modeling of Existing System 2.6 Present Findings - Draft TM and GIS Maps Final TM Virtual Workshop Task 3 - Alternatives Analysis 3.1 Alternatives Analysis and Draft TM Final TM Virtual Workshop 3.2 H&H Modeling 3.3 StoryMap of Alternatives 3.4 Concept Drawings and Cost for Preferred Alternatives Final Concepts BOD/BOE TM 3.5 Community Outreach Support 3.6 H&H Model Refinement for Preferred Alternatives Task 4 - Additional Services Allowance for additional services up to $20K 2023 2024 2025 AGENDA ITEM #6. e) 15 Exhibit C Jacobs Engineering Group Inc. LEVEL OF EFFORT Exhibit C shows the basis for the Consultant’s not-to-exceed fee estimate for the Ginger Creek and Honey Creek Subbasin Plans and the key Consultant staff anticipated to work on the project. AGENDA ITEM #6. e) Ginger Creek and Honey Creek Subbasin Plans JacobsProject ManagerSenior EngineerDesign EngineerStormwater Modeling LeadGeomorphologyStream Design LeadPermittingCondition AssessmentLandscape/RestorationGIS and StoryMapsCost EsimatingQCAdmin.Grants SpecialistID TASK / SUBTASK TITLES Assumptions Subtotal by TaskJana CrawfordJesse WilliamsEmma ConleyThomas WalshMark IndreboBen DupuyRose WhitsonKenny MoffatGrace BergmanChristopher BryantChristi GalloRaymond ChungSusan ClarkTahne CorcuttTask 1 - Project Management Project Management and Administration 1 hr/month for 24 months; PM meetings 24 24 Invoicing and Progress Reporting 24 invoices/progress reports; 1 hr each, both for PM and admin 48 24 24 Team Coordination 1 hr/month for team coordination and PMP/QMP development 28 28 Subtotal 100 76 0 0 0 0 0 0 0 0 0 0 0 24 0 Task 2 - Desktop Analysis/Existing conditions Characterization 2.1 Kick-off Meeting 2 hr mtg, 1 hr to prep, 1 hr travel, 2 people 8 4 4 2.2 Review Existing Information Includes review of record drawings for completion of models, 20 hours for data resolution, review of CCTV, defect coding, and pipe photos, etc.140 20 19 20 32 2 4 15 24 4 Webmap Data compilation and webmap creation 51 5 3 42 1 2.3 Stormwater Retrofit Opportunities and Constraints Utilize existing GIS data 38 8 10 10 3 5 2 2.4 Reconnaissance Field Visit and Ecological Assessment 5 Jacobs staff, assume 7 hours plus 1 hour travel, 1 hour post visit meeting and 1 hour to prepare 52 12 10 10 10 10 2.5 H&H Modeling of Existing System Up to 10 catchments per subbasin (total: 20)198 6 10 172 2 4 4 2.6 Present Findings - Draft TM and GIS Maps TM and two GIS maps, draft 114 24 18 4 18 4 10 6 10 6 8 6 Final TM Final 27 6 5 1 5 1 2 1 2 1 2 1 Virtual Workshop 2 hour virtual workshop to present findings, including 1 hour to prepare.20 6 3 2 2 2 2 2 1 Subtotal 648 91 82 35 229 19 32 37 38 18 42 0 17 8 0 Task 3 - Alternatives Analysis 3.1 Alternatives Analysis and Draft TM 2-3 feasible alternatives for each subbasin, TM draft 294 16 22 44 10 8 14 14 14 26 38 72 8 8 Final TM Final 66 4 7 13 3 2 4 4 6 8 12 2 1 Virtual Workshop 2 hour virtual workshop to present findings, including 1 hour to prepare 20 6 3 2 2 2 2 2 1 3.2 H&H Modeling Based on future conditions to determine sizing of alternatives 74 6 4 6 54 4 3.3 StoryMap of Alternatives Preliminary, revised draft, and final; assume 15 hours for optional preferred alternatives added 63 4 2 57 3.4 Concept Drawings and Cost for Preferred Alternatives Develop draft concepts 128 10 12 24 6 12 8 6 12 12 16 6 4 Final Concepts Final 90 8 10 18 4 10 4 4 10 10 8 4 BOD/BOE TM TM draft and final 16 2 2 8 2 2 3.5 Community Outreach Support Support with community engagement 40 20 12 8 3.6 H&H Model Refinement for Preferred Alternatives Final modeling and analyses will be completed after preferred alternatives have been selected 38 6 10 20 2 Subtotal 829 82 84 113 89 28 42 32 32 58 131 96 28 10 4 Task 4 - Additional Services Allowance for Additional Services $20K for additional services that may be requested by the City 35 35 36 Subtotal 106 35 35 36 0 0 0 0 0 0 0 0 0 0 0 TOTAL 1,683 284 201 184 318 47 74 69 70 76 173 96 45 42 4 TOTAL HOURS =1,683 SUBTOTAL =$296,105.91 $54,384.65 $46,930.83 $26,231.10 $48,245.06 $8,942.70 $11,701.25 $9,653.16 $13,186.86 $14,641.66 $26,240.40 $17,805.03 $10,414.12 $6,830.05 $899.04 Firm Expenses $65.00 assume milage TOTAL COST =$296,170.91 Jacobs Engineering Group, Inc. Page 1 of 1AGENDA ITEM #6. e)