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HomeMy WebLinkAboutContractDocuSign Envelope ID: B44326FC-BE2A-486E-B5CF-5DFB35F81058 AGREEMENT FOR MAY CREEK PARK MASTER PLANNING THIS AGREEMENT, dated for reference purposes only as October 9, 2023, is by and between the City of Renton (the "City"), a Washington municipal corporation, and Anchor QEA LLC ("Consultant"), a Washington Corporation. The City and the Consultant are referred to collectively in this Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1.Scope of Work: Consultant agrees to provide May Creek Park master planning services as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the "Work." 2.Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. 3.Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than December 31, 2024. 4.Compensation: A.Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $149,936.00, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B.Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all CAG-23-389 DocuSign Envelope ID: B44326FC-BE2A-486E-B5CF-5DFB35F81058 Work. Payment shall be made by the City for Work performed within thirty (30} calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant's performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C.Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D.Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5.Termination: A.The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days' notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B.In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6.Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the PAGE 2 OF 10 DocuSign Envelope ID: B44326FC-BE2A-486E-B5CF-5DFB35F81058 Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non­ exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City's or other's adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7.Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8.Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9.Independent Contractor Relationship: A.The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not PAGE 3 OF 10 DocuSign Envelope ID: B44326FC-BE2A-486E-B5CF-5DFB35F81058 employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B.The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C.If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant's failure to do so. 10.Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate ... ) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant's liability shall be only to the extent of Consultant's negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant's waiver of immunity under the Industrial PAGE40F 10 DocuSign Envelope ID: B44326FC-BE2A-486E-B5CF-5DFB35F81058 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:ljwww.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13.Insurance: Consultant shall secure and maintain: A.Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B.In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C.Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D.Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant's vehicles on the City's Premises by or on behalf of the City, beyond normal commutes. PAGE 5 OF 10 DocuSign Envelope ID: B44326FC-BE2A-486E-B5CF-5DFB35F81058 E.Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City's insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. F.Subject to the City's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G.Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14.Delays: Consultant is not responsible for delays caused by factors beyond the Consultant's reasonable control. When such delays beyond the Consultant's reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15.Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16.Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Jason Lederer 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6547 jlederer@rentonwa.gov PAGE 6 OF 10 CONSULTANT Anna Spooner 1201 3rd Ave., Ste 2600 Seattle, WA 98101 Phone: (206) 287-9130 aspooner@anchorqea.com DocuSign Envelope ID: B44326FC-BE2A-486E-B5CF-5DFB35F81058 17.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A.Consultant, and Consultant's agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B.The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C.If the Consultant fails to comply with any of this Agreement's non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D.The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18.Miscellaneous: The parties hereby acknowledge: A.The City is not responsible to train or provide training for Consultant. B.Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C.Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D.In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform PAGE 7 OF 10 DocuSign Envelope ID: B44326FC-BE2A-486E-B5CF-5DFB35F81058 the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E.This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F.Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G.Consultant is responsible for his/her own Worker's Compensation coverage as well as that for any persons employed by the Consultant. 19.Other Provisions: A.Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B.General Administration and Management. The City's project manager is Jason Lederer. In providing Work, Consultant shall coordinate with the City's contract manager or his/her designee. C.Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D.Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E.Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant's employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the PAGE80F 10 DocuSign Envelope ID: B44326FC-BE2A-486E-B5CF-5DFB35F81058 other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H.Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I.Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J.Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant's performance of this Agreement. K.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L.Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M.Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. PAGE90F 10 DocuSign Envelope ID: B44326FC-BE2A-486E-B5CF-5DFB35F81058 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: __________ _ Armondo Pavone Mayor Date Attest Jason A. Seth City Clerk Approved as to Legal Form By: Approved by Cheryl Beyer via email 9/27/2023 Cheryl Beyer Senior Assistance City Attorney Contract Template Updated 5/21/2021 PAGE 100F 10 CONSULTANT By: A JU!,, ��a, Ann Costanza Principal October 24, 2023 Date 10/30/2023 DocuSign Envelope ID: B44326FC-BE2A-486E-B5CF-5DFB35F81058 EXHIBIT A Scope of Work May Creek Park Master Planning City of Renton 1.Project Understanding � "/!..ANCHOR \L,QEA� September 14, 2023 The City of Renton (City) recently acquired 1.6 acres of land to develop the future May Creek Park. Combined with parcels previously purchased with Recreation and Conservation Office (RCO) funding, this recent addition leaves the City with an 18.5-acre assemblage of parcels, which includes a future acquisition parcel as noted in Figure 1. The City now seeks to develop the May Creek Park Master Plan (Master Plan). The Master Plan will be a visionary tool for the City to achieve four implementation strategies: 1.Develop passive-use recreational parkland consistent with current and future community needs. 2.Steward and invest public funds. 3.Apply for grant funding from local, state, and federal sources. 4.Balance developed recreation and environmental sustainability. Figure 1 Project Area I ,: : :, Municipal Boundary -Trails and Paths I -May Creek Parcel Boundry Note: Ma rovided b the Cit of Renton Project Plonning Area Future Moy Creek Park 18.5 acres DocuSign Envelope ID: 844326FC-BE2A-486E-85CF-5DFB35F81O58 September 14, 2023 May Creek Park Master Planning Page2 The Master Plan will identify opportunities to restore sensitive riparian, wetland, and upland habitat; provide new trails to connect visitors to the May Creek Greenway; and provide additional park amenities for the East Plateau community. Located within the May Creek Greenway, with existing and planned multi-jurisdictional trail connections from Lake Washington to Cougar Mountain, the Master Plan provides the City the opportunity to support its growing and diverse population. Anchor QEA has teamed with Clearway Environmental (Clearway) to develop the following proposal to support the City with the May Creek Park Master Planning Project (Project). Five tasks are proposed to complete the Project: •Task 1: Project Management and City Meetings •Task 2: Site Inventory and Analysis •Task 3: Community and Stakeholder Outreach •Task 4: Preliminary Concept Plan Development •Task 5: Master Plan Development The following provides a detailed scope of work with deliverables, assumptions, and budget to support the Project. A detailed fee proposal is included as Exhibit A and detailed subconsultant proposals are included as Exhibit B. 2.Scope of Services and Deliverables Task 1: Project Management and City Meetings This task includes overall management of the scope, schedule and budget, and meetings with the City. It also includes Anchor QEA team project management, such as City and consultant team communication, and budget and schedule management. They will occur at the following steps in the Project: 1.Project kick off (in-person, 1.5 hours) 2.Completion of Task 2 (virtual, 1 hour) 3.During Task 3, to review the draft inclusive Community Involvement Plan (virtual, 1 hour) 4.During Task 3, to prepare for outreach meetings (three meetings, all virtual and 1 hour) 5.During Task 4, to review draft Conceptual Plan Alternatives (virtual, 1.5 hours) 6.During Task 5, to review the Preferred Conceptual Plan direction (in-person, 1 hour) Meeting notes will be prepared for each meeting in a summary format that focuses on documenting key decisions and City comments. Project management will include communication with the City and the Anchor QEA team; budget management including monthly invoicing; and developing and maintaining a Project schedule. DocuSign Envelope ID: 844326FC-BE2A-486E-85CF-5DFB35F81O58 Task 1 Deliverables •Meeting notes for each meeting, provided as summary emails September 14, 2023 May Creek Park Master Planning Page3 •Budget status, provided in the form of monthly invoices by task in hard-copy format •Project schedule, developed in Microsoft Project, and provided in PDF file format Task 2: Site Inventory and Analysis This task will involve a review of existing background information documents, developing a basemap using existing documents, and conducting field work to develop a natural resource inventory for conceptual design and planning purposes. Subtask 2.1: Background Information Review The Anchor QEA team will review existing information provided by the City and other publicly available sources including the following: •City planning documents, including its Parks Plan, Trails Plan, Comprehensive Plan, critical areas regulations, zoning, land use, and development regulations •Geotechnical and soil conditions •Cultural, archeological, and historical data •Existing regional trail networks and park amenities that are future connection points to May Creek Park, including Newcastle's May Creek Park and Cougar Mountain Regional Wildlife Park The Anchor QEA team will also assess anticipated regulatory and permitting requirements associated with the proposed Project, including a review of the critical areas, land development, and zoning rules and regulations that are identified in the City's Municipal Code. Anchor QEA will coordinate with design staff who are preparing conceptual design alternatives to provide regulatory input to the design process. The research and review will be documented in a summary memorandum as a draft to the City. The narrative documented in the summary memorandum will ultimately be included in the Master Plan document (Task 5). City comments will be tracked during Task 2 and addressed as part of the Task 5 Master Plan document. Subtask 2.2: Basemap Anchor QEA will develop a basemap using existing documentation and data gathered in Subtask 2.3. The basemap will use publicly available data including parcel boundaries, Light Detection and Ranging (LiDAR) data, publicly available aerial photography, and any other relevant existing public data sources. Additional GIS data will be incorporated as available, including existing utility mapping, existing surveys and maps, and easements, as applicable. DocuSign Envelope ID: 844326FC-BE2A-486E-85CF-5DFB35F81058 September 14, 2023 May Creek Park Master Planning Page4 The basemap will be provided at two scales. One scale will focus on the park and project area presented in Figure 1. A second map will be scaled to capture a larger regional context including the adjacent City stormwater facility, the street frontage along Duvall Avenue Northeast, and the May Creek Greenway connections to the east and west. Subtask 2.3: Natural Resource Inventory and Site Analysis Mapping Clearway will lead the natural resource inventory. Field work will be limited to a site reconnaissance and natural resource inventory to identify approximate locations and to characterize wetland, stream, and buffer areas as well as vegetation conditions. The field crew will use a GPS Trimble hand held device to gather site attributes for the Subtask 2.2 Basemap. Based on the field data, Anchor QEA will develop a natural resource map that identifies habitat units within the park based on the presence of critical areas, the presence of native, coniferous, and deciduous trees, and the presence of invasive vegetation. The map will be used to develop a site analysis map that highlights the following opportunities and constraints: •Opportunities for park development •Natural resource and critical areas that constrain park development •Opportunities for neighborhood walking and biking connections •Infrastructure constraints, including utilities •Opportunities to improve riparian and upland forest health •Opportunities for landscape restoration •Opportunities for stewardship actions •Opportunities for May Creek Greenway connections •Opportunities and constraints for vehicular site access Task 2 Deliverables •Draft summary memorandum documenting background information and natural resource inventory (provided as a Word and PDF document) •Draft and final basemap (provided as PDF document) •Draft and final Natural Resource Inventory map (provided as a PDF document) •Draft and final site analysis maps showing opportunities and constraints (provided as a PDF document) Task 3: Community and Stakeholder Outreach Anchor QEA and the City will collaborate to develop engagement and communication strategies. We anticipate the community engagement and stakeholder outreach will use iterative steps to build materials as work progresses in other tasks and will rely on materials in other tasks to produce outreach materials. DocuSign Envelope ID: 844326FC-BE2A-486E-85CF-5DFB35F81058 September 14, 2023 May Creek Park Master Planning Pages Anchor QEA will facilitate stakeholder meetings and community meetings (Subtasks 3.2 and 3.3). Unless otherwise indicated, the City will determine who is invited to meetings, provide all meeting invitations, and coordinate meeting logistics, including securing meeting rooms and ensuring that audio-visual equipment is available and in working order. The stakeholder meetings will occur prior to the community meeting at each step. The presentation materials from each stakeholder meeting will be updated based on input and subsequently revised for the community meeting. Subtask 3.1: Inclusive Community Involvement Plan Anchor QEA will draft a Community Involvement Plan to outline the stakeholder and public process and to identify appropriate outreach tools at each step. This will include tools led by the City's communication and engagement group (Bang the Table), as well as tools developed by Anchor QEA. Those tools will include the following: •Schedule defining when stakeholder and community meetings will take place and when online platforms will be launched to support meetings and outreach •Recommendations for types of content to be included on the online platform (Bang the Table) •Draft coordinated talking points for City staff and consultants The Community Involvement Plan will be a draft document. The plan content will be captured in the Task 5 Master Plan. Updates, such as coordinated talking points, will be integrated during the development of the Task 5 Master Plan. Subtask 3.2: Stakeholder Outreach and Meetings There will be three stakeholder meetings. The stakeholder group will include internal City representatives from departments such as Parks and Recreation, Public Works (facilities, maintenance, utility systems, and transportation systems), Community and Economic Development, community outreach, and equity. The City will identify which individuals to invite to each meeting. Each meeting will be held virtually, and each will last 1 hour. Two Anchor QEA staff will attend. The role of the Project stakeholders is to provide guidance on Project opportunities, constraints, design alternatives, and other considerations based on existing information, related City programs and projects, and Project knowledge. Anchor QEA has scoped the meetings at the following touch points: •The first meeting will occur upon completion of Task 2 and prior to the start of Task 4 and will include a presentation of the site analysis, as well as the site's opportunities and constraints. •The second meeting will occur during Task 4 to present conceptual design alternatives. •The third meeting will occur at the beginning of Task 5 and will include a presentation of the preliminary preferred alternative. DocuSign Envelope ID: 844326FC-BE2A-486E-85CF-5DFB35F81058 September 14, 2023 May Creek Park Master Planning Page6 Anchor QEA will provide stakeholder meeting agendas and develop PowerPoint presentations or information packets (PDF) for each meeting. The presentation materials will utilize graphics developed in Task 2 and Task 4. Anchor QEA will document meeting notes focused on specific stakeholder comments heard during the meeting and any action items. Subtask 3.3: Community Outreach and Meetings There will be three community meetings. Each will be held as in-person meetings and will last 2 hours. Three members of the Anchor QEA team will attend each meeting. One meeting will be held at the project site, if possible. The other two community meetings will occur at a centrally located public building organized by the City. The meetings will occur at the same touch points noted in Subtask 3.2 and will be coordinated with the stakeholder meeting schedule. Anchor QEA will facilitate these meetings with the City project manager providing a supporting role. Anchor QEA will prepare presentation and meeting materials including PowerPoint presentations, presentation boards (up to three boards per meeting), and additional facilitation materials such as notetaking boards and white boards for public comments. The presentation materials will utilize graphics developed in Task 2 and Task 4. Presentation materials will be suitable for future City use in presentations to City boards, commissions and elected leadership. Meeting participants will be encouraged to write comments during the meeting. Anchor QEA meeting facilitators will also document comments during the meeting with live notetaking. Anchor QEA will transcribe all comments after the meeting. No additional meeting notes will be provided. Simultaneous to the community meeting, the City will launch an online survey through Bang the Table. The City will develop the content for the survey and Anchor QEA will review and provide input. The City will then gather all online input and provide that to Anchor QEA. Anchor QEA will develop summary visual content representing the survey results to present to the public at a later meeting and for inclusion in the Task 5 Master Plan. Task 3 Deliverables •Draft and Revised Draft Inclusive Community Engagement Plan (Word and PDF formats) •Draft and final meeting agendas for each stakeholder meeting (PDF format) •Draft and final presentation materials for stakeholder meetings (PowerPoint and PDF formats) •Stakeholder meeting notes and action items (Word format) •Draft and final presentation materials for community meetings (PowerPoint, PDF formats, and up to four plotted boards per meeting) •Live notetaking and community comments transcribed (PDF format) Task 4: Preliminary Concept Plan Development Based on work in Task 2 and Task 4, Anchor QEA will develop Concept Plan Alternatives and, ultimately, work with the City to identify a preferred Concept Plan for the Master Plan. The following subtasks describe the proposed steps. Subtask 4.1: Preliminary Program and Evaluation Criteria Anchor QEA will develop a preliminary park design program for the anticipated park development. Prior to preparing conceptual plan alternatives, it is important to reach an agreement with the City on specific design elements that will be included in the designs. This preliminary design program is a starting point for this activity and will consist of a list of the features that will be included in the conceptual plan alternatives. Anchor QEA will prepare design evaluation criteria based on Task 2 work, early outreach with stakeholders and the community, as well as input from the City. The design evaluation criteria will be used as a basis for comparing the alternatives to one another. Subtask 4.2: Conceptual Plan Alternatives Anchor QEA will develop up to three conceptual plan alternatives that consider the existing conditions and site analysis as documented in Task 2 and the preliminary program developed in Subtask 4.1. The three alternative concepts will propose different approaches to addressing new park development and May Creek restoration actions. Design concepts will include potential locations and precedent imagery for a prefabricated restroom structure such as Portland Loo. The concept does not include a custom restroom or building structures. The conceptual alternative plans will be simple, scaled drawings over the basemap developed in Task 2. The plan drawings will be color rendered in a consistent way to provide for clarity of communication. One typical cross section will be provided for each alternative with the primary project elements. Anchor QEA will prepare a rough order of magnitude (ROM) Opinion of Probable Construction Costs for each alternative for comparison. Anchor QEA will compare the alternatives to each other qualitatively in a summary matrix format using the design evaluations criteria. This will include at least one criterion that reviews environmental permit feasibility. Subtask 4.3: Preferred Conceptual Design Plan Based on stakeholder, community, and City input, Anchor QEA will develop a Preferred Conceptual Plan. This plan will reflect the preferred elements of the alternatives. Anchor QEA will develop an ROM Opinion of Probable Construction Costs and other associated implementation costs for the DocuSign Envelope ID: 844326FC-BE2A-486E-85CF-5DFB35F81058 September 14, 2023 May Creek Park Master Planning Pages Preferred Conceptual Plan. The Anchor QEA team will also provide a summary of environmental permit feasibility that provides a high-level overview of permitting approach, key milestones, and potential issues. Task 4 Deliverables •Preliminary Design Program (Word and PDF formats) •Draft and final design evaluation criteria (Word and PDF formats) •Draft and final Conceptual Plan Alternative plan view and section view drawings (PDF format) •Alternative Conceptual Design ROM Opinion of Probable Construction Costs Comparison (PDF format) •Draft and final Alternative Design Criteria Summary Matrix (PDF format) •Draft and final Preferred Conceptual Design plan view and section view drawings (PDF format) •Preferred Conceptual Design ROM Opinion of Probable Construction Costs (PDF format) Task 5: Master Plan Documentation Anchor QEA will document the Project in the Master Plan document that summarizes the Project's site analysis, public process, alternative conceptual designs, and the preferred design. The intent of the Master Plan is to capture the City's vision for May Creek Park and support the City in securing design, permitting, and implementation funding, a portion of which will be funded by local, state, and/or national grant programs. Subtask 5.1: Master Plan Anchor QEA will develop an annotated outline during early Project development and build the Master Plan as tasks are completed. For example, the background information and site analysis from Task 2 will be formatted to fold into the Master Plan document. A draft Master Plan will be prepared for City review. Following the City's review, a final Master Plan will be prepared. It is assumed that the City will prepare one consolidated list of review comments for the Anchor QEA team, and the final Master Plan will be prepared based on these comments. Subtask 5.2: Grant Support Anchor QEA will review potential grant opportunities with the City early in the Project. Anchor QEA will develop a summary matrix identifying relevant opportunities, noting scheduled deadlines and milestones, and identifying potential project elements that could compete well for certain grant opportunities. The matrix will be provided in Excel so the City can continue to use it as an interactive tool for tracking and securing Project funding. Table 1 provides an initial list of potential grant programs. DocuSign Envelope ID: B44326FC-BE2A-486E-B5CF-5DFB35F81058 Table 1. Grant Opportunities Agency and Grant Program Cooperative Watershed Management Grant Local King Conservation Futures County 2020-2025 Parks, Recreation, Trails and Open Space Levy Aquatic Lands Enhancement Land and Water Conservation Wildlife and Recreation Program RCO Recreational Trails Program State Salmon Recovery and Puget Sound Acquisition and Restoration Ecology Terry Husseman Account (THA) FEMA Building Resilient Infrastructure and Communities Program Federal NFWF America the Beautiful Challenge EPA Puget Sound Action Agenda -Climate Resilient Riparian Systems Lead Task 5 Deliverables •Draft Master Plan (Word and PDF files) •Final Master Plan (PDF file) •Grant summary table (Excel file) September 14, 2023 May Creek Park Master Planning Page9 Eligible Project Types and Summary of Program The grant supports projects targeting salmon recovery and watershed health that can be focused on restoration, research, or education and outreach. This funding program could support proposed habitat restoration and community environmental education elements. The voter-approved program includes funding for capital and open space, open space and river corridors, and healthy communities' funds. Grants may be used for acquisition, improvement, conservation, and stewardship in Washington for protection of aquatic lands, natural areas, and wildlife habitats as well as promoting recreational opportunities for public purposes. Project types include conservation planning, habitat enhancement, shoreline restoration, water quality improvement, trail development, and stewardship opportunities. THA grants support to locally sponsored projects that restore or enhance the environment. The program aims to shift funding to proactive investment in community resilience and pre-disaster mitigation activities. The program supports expanding access to the outdoors, particularly in underserved communities, in conservation and resiliency projects. The program supports protection and restoration of riparian areas, including those supporting salmon recovery, to promote climate resiliency. DocuSign Envelope ID: 844326FC-BE2A-486E-85CF-5DFB35F81O58 3.Assumptions Meetings and Outreach September 14, 2023 May Creek Park Master Planning Page 10 •All meeting preparation and attendance is included in the scope language. Additional effort to support and attend meetings requested by the City will be negotiated on a case-by-case basis. •Meetings with the City are defined in Task 1. Meetings outside of those described in this scope of work are not included and will be considered additional work. •The City will provide any translation of materials and comments into other languages and will arrange for any live interpretation if necessary. Anchor QEA will provide editable file formats of documents to facilitate translation, if requested. •The City will identify who is to be included at each step of the Project and who will participate in stakeholder meetings. •The City will be responsible for all community and stakeholder meeting logistics including determining who is invited, publicizing community meetings, distributing meeting invitations, securing meeting locations, providing audio-visual equipment that is in good working order, and arranging meeting logistics such as ensuring meeting locations are open, furnished, and ready at the time of the meeting. •Anchor QEA has not included time for tribal outreach; the City will lead all potential outreach. •Early environmental permit agency (local, state, or federal) outreach, meetings, and application preparation will not be initiated during this phase of work. •Travel time will be billed to the City and is included in the fee proposal. Travel time from Seattle to Renton is estimated to be a 1-hour round trip. Project Survey and Background Information •A comprehensive site survey, including a topographical and boundary survey, is not included in this scope of work. A comprehensive site survey is assumed to occur at the next stage of design. •Geotechnical and cultural resource field work is not included in this scope of work; it is assumed that the field work will occur during design development (future phase of work) when the excavation limits are known. The Task 2 geotechnical and cultural resource background information reviews will be based on a desktop review of available data. •The City will provide all available site-related reports, maps, and utility as-built information that is available at the onset of the Project. •This City will provide existing GIS data layers. •Alternatives will be developed within the area identified in Figure 1 only. If the Project boundaries expand, Anchor QEA will discuss with the City what level of evaluation and/or DocuSign Envelope ID: 844326FC-BE2A-486E-85CF-5DFB35F81058 September 14, 2023 May Creek Park Master Planning Page 11 conceptual design work can be conducted within those additional areas within the scope and fee negotiated for this work. Site Inventory and Design •The City does not currently have a Maximum Allowable Construction Cost (MACC) for the Project. The preferred alternative conceptual design will inform the City's MACC. •An Opinion of Probable Construction Costs will be developed as ROM costs to reflect the level of design (conceptual) and will include an appropriate design contingency markup. •Design graphics include plans and sections as described in Task 4; 3D renderings are not included in this scope of work. •The design does not include building or architectural structure (such as restroom) design or cost estimating. 4. Budget A fee proposal spreadsheet is included as Exhibit A. 5.Schedule Work will begin immediately after a contract is executed and is expected to last 8 months. Figure 2 presents the current understanding of the schedule. The schedule will be refined as part of Task 1 to identify key deliverables and City review cycles. Figure 2 Preliminary Project Schedule Task #1 Project Management and City Meetings Task#2 Background Information Review Basemap Natural Resource Inventory and Site Analysis Summary memorandum Task#3 Inclusive Community Involvement Plan Engage Stakeholders on Park Opportunities and Constraints Engage Community on Park Opportunities and Constraints Engage Stakeholders on Alternatives Engage Community on Alternatives Engage Stakeholders on Draft Preferred Alternative for Master Plan Engage Community on Draft Preferred Alternative for Master Plan Task#4 Develop Preliminary Program and Evaluation Criteria Develop Conceptual Alternatives Develop ROM Cost Estimates for Alternatives Develop Preferred Alternative and ROM Cost Estimate Task#S Draft Master Plan Outline Summarize Findings and Feedback Gained in Tasks 1-3 Draft Master Plan City Review Finalize Master Plan Grant Funding Support -Task Period ♦ Event 2023 2024 ♦ ♦ ♦ ♦ DocuSign Envelope ID: B44326FC-BE2A-486E-B5CF-5DFB35F81 D58 Exhibit A Anchor QEA Detailed Fee Proposal Labor Categories Principal Senior Manager Manager Senior Staff Staff 3 Staff 2 Staff 1 Senior Technical Editor Project Coordinator Total Hours Total Labor Average Hourly Rate Subconsultants Clearway Environmental Total Cost Markup Internal Reimbursables (no markup} Mileage ($/mile) External Expenses (markup} Repro/Plotting Markup (External Expenses Only} TOTAL COSTS May Creek Park Master Planning City of Renton Billing Rate $ 312 $ 274 $ 256 $ 227 $ 199 $ 179 $ 151 $ 155 $ 122 $ 210 10.0% $0.560 10.0% Task Task 1 2 23.0 9.0 6.5 0.0 7.0 20.0 0.0 6.0 0.0 0.0 0.0 52.0 0.0 8.0 0.0 8.0 12.0 0.0 49 103 $ 12,213 $ 21,046 $ 2,276 $ 8,399 $ 2,276 $ 8,399 $ 228 $ 840 $ 29 $ $ $ $ $ 14,746 30,285 Task Task 3 4 41.0 14.0 8.0 0.0 12.0 26.0 0.0 0.0 0.0 12.0 83.0 82.0 0.0 0.0 17.0 4.0 0.0 0.0 161 138 $ 35,548 $ 28,710 $ $ $ $ $ $ $ $ $ $ $ 87 $ $ $ 1,000 $ $ $ 100 $ $ 36,735 28,710 Task Total 5 Hours 18.0 105.0 0.0 14.5 28.0 93.0 0.0 6.0 0.0 12.0 104.0 321.0 0.0 8.0 52.0 81.0 0.0 12.0 202 653 39,460 39,460 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Dollars 32,760 3,973 23,808 1,362 2,388 57,459 1,208 12,555 1,464 136,977 10,675 10,675 1,068 116 1,000 100 149,936 Page 1 of 1 September 2023 DocuSign Envelope ID: B44326FC-BE2A-486E-B5CF-5DFB35F81058 Attachment A Scope of Services �.1.�����y City of Renton Prime: Anchor QEA May Creek Park Master Planning Project Description and Purpose The City of Renton requires master planning services for the future May Creek Park. Clearway Environmental will support Anchor QEA in master planning by providing natural resources inventory and mapping, GIS figure support, and a permitting summary. Scope of Services This scope of services consists of the following tasks: Task 1 -Project Management and City Meetings Clearway Environmental will provide the following: 1.1 Profoct Management •Set up project information in timesheet and invoicing software. •Prepare eight monthly progress reports and invoices. •Project maintenance and staff coordination. 1.2 CityMeetings •Attend one on-site kick-off meeting (3 hours inclusive of travel for one Clearway Environmental staff member). Task 2 -Site Inventory and Analysis Clearway Environmental will provide the following: 2.3 Natural Resource Inventory and Mapping •Attend a team meeting with Clearway Environmental and Anchor QEA staff (1 hour each for three Clearway Environmental staff members). •Prepare for field work including uploading project base map and relevant existing GIS-based data. •Review City of Renton critical areas requirements to inform field work. •Identify and characterize wetland, stream, and buffer areas and vegetation conditions. •Characterize forest health based on the presence of native, coniferous, and deciduous trees, and presence of invasive vegetation. •After the inventory and mapping have been incorporated into master planning documents, provide a permitting summary for potential future development of May Creek Park. Deliverables •Field notes and GIS data from inventory. •Narrative summary of City of Renton critical areas requirements, natural resources inventory, and mapping to support master planning. Clearway Environmental LLC 1 DocuSign Envelope ID: 844326FC-BE2A-486E-85CF-5DFB35F81058 Attachment A •A permitting summary identifying likely requirements for permitting. Task 3 -Community Outreach and Engagement No services performed by Clearway Environmental. Task 4 -Preliminary Concept Plan Development No services performed by Clearway Environmental. Task 5 - Master Plan Development No services performed by Clearway Environmental. Assumptions •Full delineations and ratings of wetlands and streams will not be performed. Full tree survey will not be performed. The natural resource inventory and mapping will focus on needs for master planning and identifying likely permitting requirements. The inventory and mapping will not be sufficient for final design and permitting.•City of Renton will perform any required notifications or rights-of-entry for site access.•Anchor QEA will provide an initial base map ( developed using GIS and other data developed in an Adobe program) in advance of preparation for field work.•Travel time from City of Seattle to the project site is billable.•Mileage will be billed as a direct expense at the current IRS rate. •A OPS system [ combined Global Navigation Satellite System (GNSS) receiver and linked data tablet] will be billed at a daily rate of $100. The OPS system will have sub-meter or better accuracy. Clearway Environmental LLC 2 DocuSign Envelope ID: B44326FC-BE2A-486E-B5CF-5DFB35F81O58 Attachment B Cost Estimate �nlv�����y Department of Natural Resources Granite Flats Access Restoration and Renovation - Wetland Report "O >, C � 1 .S E :::, I!! .0 :::, lll � _g � Staff C 0 a, ti "O J: ai a, a, E .t:. -g I!! ·u .t:. u :::im � 0 ::; a, ]i ]i ]i ]i ]i GI C -c-c- c- c- C. GI .!/l � GI .!/l N GI .!/l N GI .!/l N GI .!/l ·u � i ·-E "E == � "E == � "E == � "E C C GI -e e ·u GI e ·-s e .9! s e .9! s e .9! a. ·s: en en ·s: � en ·s: � en ·s: � en ·s: �C C C C C w w w w w Rates $185.40 $143.52 $92.40 $85.68 $86.04 Tasks Hours Hours Hours Hours Hours Task 1: Project Management 8 5 Task 2.3: Natural Resource Inventory and 6 32 18 4 8 Maooina Labor Hours Subtotal 14 32 23 4 8 Other Direct Costs (ODCs) Mileage 200 Sub-meter Accuracy GPS Device (daily) 2 ODCs Subtotal Labor Direct Costs Total Subtotal $ 1,945 $ 8,399 $ 10,344 Subtotal $ 0.655 $ 131 $ 100.00 $ 200 $ 331 Totals $ 10,344 $ 331 $ 10,675