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Home My WebLink AboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, March 8, 2021 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely through Zoom. Audience comments will be accommodated through Zoom, but the public is requested to sign up for such testimony by calling 425-430-6501 or emailing cityclerk@rentonwa.gov or jsubia@rentonwa.gov by 10 a.m. on the day of the meeting. The public may also submit comments in writing to cityclerk@rentonwa.gov by 5 p.m. on the day of the meeting. For those wishing to attend by Zoom, please (1) click this link: https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy the URL and paste into a web browser) or (2) call-in to the Zoom meeting by dialing 253- 215-8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 10 a.m. on the day of the meeting to request an invite with a link to the meeting. Those providing audience comments will be limited to 5 minutes each speaker unless an exception is granted by the Council. Attendees will be muted and not audible to the Council except during times they are designated to speak. Advance instructions for how to address the Council will be provided to those who sign up in advance to speak and again during the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. PROCLAMATION a) Support of WA Residents and Families affected by Farm Bills in India 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENTS NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of March 1, 2021. Council Concur b) AB - 2825 Community & Economic Development Department submits the 2021 Title IV Docket #16 Items for review by the Planning and Development Committee and Planning Commission. Following this review, the Planning Commission will present code revision recommendations to Council. Refer to Planning Commission and Planning & Development Committee c) AB - 2812 Community Services Department recommends approving a fee waiver in the amount of $15,000 in Maplewood Golf Course fees for Renton, Lindbergh, Hazen, and Liberty High School golf teams for the 2021 school year, and approval to enter into any agreements that may be necessary to effectuate the fee waiver. Council Concur d) AB - 2815 Community Services Department submits CAG-18-062, Gene Coulon Memorial Beach Park Structural Repairs project, contractor Quigg Brothers, Inc., and requests acceptance of the project and release of retainage in the amount of $116,693.16 after 60 days once all releases from the State have been obtained. Council Concur e) AB - 2814 Public Works Transportation Systems Division recommends approval of a professional services agreement with Perteet, Inc., in the amount of $271,635.94, for construction management services for the Houser Way Intersection and Pedestrian Improvements project. Refer to Transportation (Aviation) Committee f) AB - 2809 Public Works Utility Systems Division recommends approval of Interagency Agreement for 2021 and 2022 CPA #6203499, with King County, to accept $200,786 in non-matching grant funds to implement waste reduction and recycling programs. Refer to Finance Committee 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee: Vouchers, Heather Downs Grant b) Planning and Development Committee: Docket 15 Items D-169 and D-174*; Docket 15 Items D-184, D-185, and D-186* 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) 6:00 p.m. - MEETING REMOTELY Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings ArmondoPavoneMayor‘Wfiereas,theStateofWashingtonremainsaproudfarmingcommunitythatunderstandsandrespectsthecontributionsoffarmersinfeedingnations;andI4lñereas,theStateofWashingtonishometothousandsoffarmerswhostillownfarmlandintheirancestralcountries;and‘I/fr’ñereas,numerousrallieshaverecentlytakenplaceacrosstheStateofWashingtonprotestingthreefarmingbillsthatwerepassedinIndiainSeptember2020,includingtheFarmersProduceTradeandCommerceAct,theFarmersAgreementonPriceAssuranceandFarmServicesAct,andtheEssentialCommoditiesAct;and‘T4lfiereas,thepassingofthebillswillresultintheprivatizationoffarmersmarketsinIndiaandwilladverselyaffectthefinancialsituationofmanyWashingtoniansandtheirfamiliesbackhome;andfKow,tfierefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimthattheCityofRentonstandsinsupportofthoseWashingtonresidentsandtheirfamilieswhohavebeenadverselyaffectedbytheFarmersProduceTradeandCommerceAct,theFarmersAgreementonPriceAssuranceandFarmServicesAct,andtheEssentialCommoditiesActpassedinIndia.InwitnesswfiereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis24thdayofFebruary,2021.ndavone,MayorCityofRenton,WashingtonProctamationRentonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. a) March 1, 2021 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, March 1, 2021 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM. ROLL CALL Councilmembers Present: Randy Corman, Council President Angelina Benedetti, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ryan McIrvin, Council Position No. 4 Ed Prince, Council Position No. 5 Ruth Pérez, Council Position No. 6 Kim-Khánh Vǎn, Council Position No. 7 (All councilmembers attended remotely) Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Interim Chief Administrative Officer Alex Tuttle, Assistant City Attorney Jason Seth, City Clerk Preeti Shridhar, Deputy Public Affairs Administrator Chip Vincent, Community & Economic Development Administrator Martin Pastucha, Public Works Administrator Kari Roller, Interim Administrative Services Administrator Ellen Bradley-Mak, Human Resources and Risk Management Administrator Kelly Beymer, Community Services Administrator Ron Straka, Public Works Utility Systems Director Kim Gilman, HR Labor Manager Angie Mathias, Long Range Planning Manager Interim Chief Jon Schuldt, Police Department Administrator Deputy Chief Kevin Keyes, Police Department AGENDA ITEM #6. a) March 1, 2021 REGULAR COUNCIL MEETING MINUTES Commander Dave Leibman, Police Department (All City staff attended remotely except City Clerk Seth) ADMINISTRATIVE REPORT Interim CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2021 and beyond. Items noted were:  Starting Wednesday, March 3, the Renton School District will begin returning to in- class learning for their elementary grade students. Please remember to be cautious and courteous as some of our younger community members are walking to school and be patient as buses pick up along their routes. School zone speed cameras will be operational, in addition to extra police patrols around the schools to ensure a safe return for the students.  Families and children are invited to visit Sunset Neighborhood Park from March 7-28 for a self-guided PopUp StoryWalk titled “Bea’s Bees.” The book will be displayed page-by-page on poster boards next to the walking path to read while strolling through the park. Support for this project comes from the City of Renton and the Renton Municipal Arts Commission. For more information, contact Community Services at 425-430-6600.  Renton Municipal Court will launch Renton Municipal Community Court to bring a new approach to dealing with low-level offenders. Community courts work to keep individuals who commit the lowest level crimes out of jail. The court uses a problem- solving approach based on rehabilitation and accountability to work towards a reduction in reoffending. Sentences combine punishment with enrollment in pre-trial diversion programs, such as drug treatment or mental health counseling. Participants will have on-site access to services and weekly or bi-weekly court hearings. Judge Kara Murphy Richards will host a Renton Municipal Community Court Informational Forum via Zoom on Tuesday, March 2, from 7-8 p.m. Active participation is limited to the first 50 individuals to register. The forum will also stream on YouTube. Attendees can get questions and concerns answered, and court staff will explain how the community can get involved. Visit http://rentonwa.gov/communitycourt for more information.  Preventative street maintenance will continue to impact traffic and result in occasional street closures. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. Councilmember Vǎn requested Item 5.a. be removed for separate consideration. b) AB - 2801 Public Works Utility Systems Division recommended approval of the Water Quality Grant Agreement WQC-2021-Renton-00187 with the Department of Ecology, to accept $230,250 in grant funds, for the Heather Downs Detention Pond Water Quality Retrofit project. Refer to Finance Committee. c) AB - 2803 Public Works Utility Systems Division submitted CAG-19-029, contractor McClure and Sons, Inc., and recommended acceptance of the project and release of the retainage bond after 60 days once all State releases have been obtained. Council Concur. AGENDA ITEM #6. a) March 1, 2021 REGULAR COUNCIL MEETING MINUTES d) AB - 2804 Public Works Utility Systems Division recommended approval of an agreement with RH2 Engineering, Inc., in the amount of $350,827 for professional services during the construction of the Highlands Reservoir Phase 1 - Offsite Improvements project. Refer to Utilities Committee. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, MINUS ITEM 5.a. CARRIED. SEPARATE CONSIDERATION ITEM 5.a a) Approval of Council Meeting minutes of February 22, 2021. Council Concur. Councilmember Vǎn remarked that she did not think the summary of Council discussion under the New Business portion of the February 22, 2021 Council meeting minutes captured the sentiment or intent of the discussion, therefore, it was MOVED BY VǍN, SECONDED BY MCIRVIN, COUNCIL AMEND THE NEW BUSINESS SECTION {OF THE FEBRUARY 22, 2021 COUNCIL MEETING MINUTES} BY ADDING IN "COUNCILMEMBER VǍN RAISED THE QUESTION OF THE RACIST INCIDENT THAT OCCURRED ON FEBRUARY 13, 2021 AND ASKED THE CITY OF ITS PLAN TO ADDRESS HATE CRIME IN THE CITY WITHIN ITS JURISDICTION AND ASKED THE OTHER COUNCILMEMBERS THEIR TAKE." MOTION FAILED. AYES: VǍN, MCIRVIN NOES: CORMAN, PÉREZ, BENEDETTI, O’HALLORAN, PRINCE MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR TO APPROVE CONSENT AGENDA ITEM 5.a., AS COUNCIL CONCUR. CARRIED. AYES: CORMAN, PÉREZ, BENEDETTI, O’HALLORAN, MCIRVIN, PRINCE NOES: VǍN NEW BUSINESS Please see the attached Council Committee Meeting Calendar. Councilmembers and the Mayor expressed their gratitude and well wishes to Julia Medzegian, Council Liaison, who was attending her final meeting due to her upcoming retirement. Ms. Medzegian thanked everyone for their kind words. ADJOURNMENT MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. TIME: 7:42 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 01 Mar 2021 AGENDA ITEM #6. a) Council Committee Meeting Calendar March 1, 2021 March 8, 2021 Monday 4:15 PM Finance Committee, Chair O’Halloran – VIDEOCONFERENCE 1. Heather Downs Grant Agreement 2. Vouchers 3. Emerging Issues in Finance 5:00 PM Planning & Development Committee, Chair Prince – VIDEOCONFERENCE 1. Docket 15 2. Updates and Amendments to the Countywide Planning Policies 3. Emerging Issues in CED 6:00 PM Committee of the Whole, Chair Corman – VIDEOCONFERENCE 1. Introduction of RRFA Fire Chief Steve Heitman 2. Mobile Vaccinations in Coordination with the Recreation & Neighborhoods Division 7:00 PM Council Meeting - VIDEOCONFERENCE March 20, 2021 Saturday 9:00 AM TO 4:00 PM Council Retreat – VIDEOCONFERENCE AGENDA ITEM #6. a) AB - 2825 City Council Regular Meeting - 08 Mar 2021 SUBJECT/TITLE: 2021 Title IV Docket #16 Items RECOMMENDED ACTION: Refer to Planning Commission and Planning & Development Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Angie Mathias, Long Range Planning Manager EXT.: 6576 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: RMC 4-8-070G outlines the types of review the Planning Commission shall conduct. The review of the Development Regulations (Title IV Docket) process is specifically listed. Land Use Regulations review occurs upon Council request. The Planning Commission will make recommendations regarding the Land Use Regulations to the Council. Final recommendation of the Title IV Docket will be the authority of the Council. Title IV Development Regulations This process is codified in RMC 4-9-025, Title IV Development Regulation Revision Process. Staff has compiled a series of amendments to Title IV of the Renton Municipal Code (Development Regulations) that initiates several regulatory initiatives that respond to important issues facing the City. The proposed list o f amendments includes City initiated amendments as shown in the 2021 Title IV Docket #16 Table and was arrived at after consultation with the Planning Commission and Planning & Development Committee. EXHIBITS: A. Issue Paper STAFF RECOMMENDATION: Refer the 2021 Title IV Docket #16 Items to the Planning and Development Committee and Planning Commission for review. Following this review, the Planning Commission will present code revisions recommendations to Council. AGENDA ITEM #6. b) DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:March 8, 2021 TO:Randy Corman, Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:Chip Vincent, CED Administrator (x6588) STAFF CONTACT:Angie Mathias, Long Range Planning Manager (x6576) SUBJECT:2021 Title IV Docket #16 Items ISSUE: Should the 2021 Title IV Docket #16 work program be referred to the Planning & Development Committee and the Planning Commission for consideration and potential adoption? RECOMMENDATION: Refer the additional items for the 2021 Title IV Docket #16 to the Planning and Development Committee and Planning Commission for review. Following this review, the Planning Commission will present code revision recommendations to Council. BACKGROUND SUMMARY: RMC 4-8-070G outlines the types of review the Planning Commission shall conduct. The review of the Development Regulations (Title IV Docket) process is specifically listed. Land Use Regulations review occurs upon Council request. The Planning Commission will make recommendations regarding the Land Use Regulations to the Council. Final recommendation of the Title IV Docket will be the authority of the Council. Title IV Development Regulations This process is codified in RMC 4-9-025, Title IV Development Regulation Revision Process. Staff has compiled a series of amendments to Title IV of the Renton Municipal Code (Development Regulations) that initiates several regulatory initiatives that respond to important issues facing the City. The proposed list of amendments includes City initiated amendments as shown in the Table below. CONCLUSION: The proposed schedule for review of the Title IV Docket #16 Amendments is for the Planning Commission review to occur throughout 2021. AGENDA ITEM #6. b) 2021 TITLE IV DOCKET #16 City Initiated Amendments Humane Pet Store Ordinance Ordinance for humane pet stores. Consider establishing rules to ensure that pet sale stores meet minimum standards for safe and healthy treatment for the pets they sell. Sewer Service Outside City Limits Recent review from the City Attorney’s Office indicates that the City should extend sewer to areas in the unincorporated county in all instances, including to new subdivisions. The code currently only allows extensions of sewer to a single parcel. This code section needs to be reviewed. Public Notice Requirement for Appeals Remove the requirement for publication of an appeal hearing from title IV. In an appeal public hearing there is no opportunity for the public to comment or provide input into the process. Therefore, the extra step adds time and cost to the appeal process without public benefit. Rental Registration Program Clarify exemptions Clarify Rental Checklists Requirements to indicate document must be submitted for each of landlord’s rental properties annually along with the Declaration of Compliance. Clarify Residential Checklist requirements when it comes to self-inspection for properties with more than 20 units. Provide checklist alternative if a landlord alternatively submits a certificate of inspection, completed by a third-party. Clarify submission of Certificate of Inspection: a certificate of inspection must be provided to the City within a 30 days, after F(1)-(3). The certificate of inspection is required to be submitted with a new registration if a violation is found in the previous 12 months. Clarify that if violations are found on the Certificate of Inspection, landlords may be subject to further violations. Impact Fee Credit Amend the sliding scale for the amount of time a property can claim impact fee credit for previous uses; from 2 ½ -5 years to 3 years. Adjust timing of collection of impact fees from permit submittal to permit issuance. Setbacks in Commercial Zones A footnote to the Commercial Standards table for commercial zones that states that setbacks can be reduced to 0 ft. through site plan review. This needs to be reviewed and reconsidered. Fence Standards in Commercial Zones Review fence regulations and evaluate standards relating to scale, placement, safety, design, and materials of fences, notably within commercial zones. The current regulations lack distinguished requirements for varying uses and overlay districts which creates conflict between code implementation and intention. This review will include clearing up existing discrepancies or contradictions in 4-4-040, Fences, Hedges, and Retaining Walls. Due to the fact that there are currently no clear vision standards for driveways, this may include evaluating the need to define clear vision areas with respect to commercial zones. Docket Items for Sunsetting Programs The waived fees and MFTE program Residential Accessory Structures Assess and make amendments to residential zoning standards for accessory structures, including but not limited to, allowed height, area, and number, exemptions, and how to regulate covered decks and patios. Applicability of Urban Design Regulations Consider when/how urban design regulations should be applied to existing structures. Clarify definition and distinction between duplexes and SFR AGENDA ITEM #6. b) Provide clarity for staff when reviewing building permits for single-family residential homes with additional “units” inside. We’ve seen an uptick in new SFR home proposing what is essentially a secondary unit either in the basement or in some other area of the house. What constitutes an attached accessory dwelling unit (i.e. separate entrance? atmospherically connected? Kitchen? Etc) so that we can more easily approve or deny permits that include this type of secondary unit. Additional height in the RMF zone to be considered via a CUP similar to other residential zones such as the R- 14. The front setback in the RMF zone is 10 ft. for townhomes and 20 ft. for other attached dwellings. I would recommend that the setback be amended to 15 ft. for townhomes, as the 10 ft. setback is the smallest setback in comparison to the majority of City zones. TOD Subarea Development Regulations and Other Codework Subsequent to the adoption of the Rainier/Grady Junction Subarea Plan staff will need to draft and adopt development regulations for the overlay. Subject to adoption of the TOD Subarea Plan and consultant contract. Plan/Policy Development Comprehensive Plan Review with Council planned changes in anticipation of King County policy changes. Initiate 8 year required Comprehensive Plan update, largely technical changes. Add implementation strategies, add/amending policies to reflect current policies. Also, review each element for racial justice and equity, as well as, climate change. Buildable Lands Evaluate Regional Center designation as Core City or Metro City. Also consider amending boundary to include TOD area. Consider Countywide Centers designation 2020 CPA North 30th Rezone of approx. 2.65-acres of the N 30th St Study Area (7.41 acres, 12 parcels located between Park Ave N and I-405 on N 30th St) from a land use designation Residential Medium Density (RMD) to Residential High Density (RHD) and a zoning change from Residential-6 (R-6) to Commercial Neighborhood (CN). Three (3) of the five (5) parcels are currently split zoned as R-6 and CN. Also, amendments to the CN zone regulations to improve the implementation of the zone. Joint Planning in Potential Annexation Areas Work with King County to establish consistent development standards for the unincorporated area associated with the City’s potential annexation area. Update Clean Economy Strategy Plan Adopted in 2010 and is in need of update for consistency with countywide and regional state work on this topic. Administrative Code Interpretations (from December 2018 to Current) CI-149, Downtown Window Transparency CI-150, Preschool and Daycare Permissibility CI-151, Slotted Drain Usage CI-152, Applicability of 4-4-055, Short Term Rentals CI-153, Administrative Fee for the Collection of School Impact Fees CI-154, Special Administrative Fence Permit Eligibility CI-155, Definition of Townhouse CI-156, Enforcement of Violations 4-4-085 CI-157, Nonconforming Structures v. Nonconforming Sites AGENDA ITEM #6. b) CI-158, Warehousing and Distribution CI-159, Minimum Dimensions for Open Space CI-160, Revocable Right of Way Permit Fee Reference CI-162, Rear Yard Setback from Alley AGENDA ITEM #6. b) AB - 2812 City Council Regular Meeting - 08 Mar 2021 SUBJECT/TITLE: Fee Waiver Request for Maplewood Golf Course RECOMMENDED ACTION: Council Concur DEPARTMENT: Community Services Department STAFF CONTACT: Roberta Graver, Administrative Assistant EXT.: 6604 FISCAL IMPACT SUMMARY: Total amount of $15,000.00 - from enterprise fund. SUMMARY OF ACTION: To promote golf in the Renton / Issaquah school district, Renton, Lindbergh, Hazen and Liberty High School Golf Teams utilize the Maplewood Golf Course for practice and matches. Fees for practice driving range balls and green fees for all matches, from March 2021 through June 12, 2021 equal $15,000.00 from golf c ourse enterprise fund. In addition, golf course staff coordinate community service involvement with approved teams to assist the golf course with repairing divots, picking up garage, and sanding the seeding of fairways and tee boxes. All teams will be following the current COVID-19 restrictions. EXHIBITS: A. 2021 MWGC High School Fee Waiver Request STAFF RECOMMENDATION: Approve the requested fee waiver of $15,000.00 in golf course use fees for the Maplewood Golf Course for 2021 and authorize the Mayor to enter into any agreements that may be necessary to effectuate the waiver. AGENDA ITEM #6. c) AB - 2815 City Council Regular Meeting - 08 Mar 2021 SUBJECT/TITLE: Release of Retainage - Gene Coulon Memorial Beach Park Structural Repairs RECOMMENDED ACTION: Council Concur DEPARTMENT: Community Services Department STAFF CONTACT: Alan J. Wyatt, Capital Projects Manager EXT.: 6571 FISCAL IMPACT SUMMARY: SUMMARY OF ACTION: The Community Services Department submits CAG-18-062, Gene Coulon Memorial Park Structural Repairs, for release of retainage. Work started on August 14, 2018, and was completed on December 31, 2019. The contractor, Quigg Brothers, Inc, met the terms of the ir contract by completing 8 areas of structural improvements to Gene Coulon Memorial Beach Park, including Ivar's Deck, Day Moorage, North Water Walk, South Water Walk, Trestle Bridge, Boat Launch, Sailing Center, and Wave Break. EXHIBITS: A. Notice of Completion - CAG-18-062 B. Application for Payment of Retainage Contract No. CAG-18-062 STAFF RECOMMENDATION: Approve the project and release of retained amount of $116,693.16. All required lien releases have been obtained. AGENDA ITEM #6. d) Department Use Only NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Assigned to: Date Assigned: Date 08/31/2020 Form Version Original Revision Reason Awarding Agency Information Prime Contractor Information Name RENTON, CITY OF UBI 177000094 Name QUIGG BROS INC UBI 144002313 Address 1055 S GRADY WAY RENTON,WA-98057 Address PO BOX 1707 ABERDEEN,WA-98520 Email Address nwissbrod@rentonwa.gov Email Address tammys@quiggbros.com Contact Name Natalie Wissbrod Phone 425-430-6919 Contact Name QUIGG BROS INC Phone 360-533-1530 Project Information Project Name Gene Coulon Memorial Park Repairs Contract # Affidavit ID 917208 Jobsite Address Date Awarded 07/17/2018 Date Work Commenced 08/14/2018 Date Work Completed 12/31/2019 Date Work Accepted 12/31/2019 Federally Funded Transportation Project If yes, attach Contract Bond Statement. Bond Waived? Retainage Waived?Subcontractors Used? If yes, complete Addendum A. Detailed Description of Work Completed The projects identified as the Gene Coulon Memorial Beach Park, structural repairs, including: North deck, phase 1, South deck, phase 2; Boat moorage; Wave break; Trestle bridge; Sailing center; South water walk; and North water walk and all related areas. DOR Tax Information *Right-click on the total field and select Update Field to auto-calculate. Contract Amount $2,160,000.00 Liquidated Damages $ 0.00 Additions (+) $173,862.97 Amount Disbursed $2,450,556.11 Reductions (-) $ 0.00 Amount Retained $116,693.16 Sub-Total* $2,333,862.97 Other $ 0.00 Sales Tax Amount $233,386.30 Sales Tax Rate If multiple rates, attach a list. 10.00% TOTAL* $2,567,249.27 TOTAL* $2,567,249.27 These two totals must be equal. Apprentice Utilization Information Was Apprentice Utilization Required? If yes, complete this entire section. Engineer’s Estimate $ 0.00 Utilization % 16.88%Was a Good Faith Effort approved? Comments The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM THE RETAINED FUNDS until receipt of all release certificates and affidavits. Submitting Form: Submit the completed form by email to all three agencies below. Contract Release (855) 545-8163, option # 4 ContractRelease@LNI.WA.GOV Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 890-3499 publicworks@esd.wa.gov AGENDA ITEM #6. d) Addendum A: Please List all Subcontractors and Sub-tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. Subcontractor’s Name: UBI Number: (Required) Affidavit ID* GLOBAL DIVING AND SALVAGE INC 600346895 850383 GLOBAL DIVING AND SALVAGE INC 600346895 873618 MADSEN ELECTRIC 278030668 882602 AGENDA ITEM #6. d) _QU|GGBROS..|NC. F'.O BOX 1707 ABERDEEN,WA 95520-0281 PHONE 360-533-1530 FAX 350-532-3449 CONTRACTOR REGISTRATION #OU1GGB1022FKT Invoice:18045-01 BMto: City of Renton 1055 South Grady Way Renton,WA 98057 awyat1@;entonwa.qov 18045 Gene Coulon Memorial Beach Park Structural Repairs Invoice at.15045-01 7/7/2020 Customer P.O #,GAG-187062 Paymen1Terms'NET 30 DAYS Customer Code"REN3 Descr Quant U/M Unrt Pnce Extension Rezainage on Completed Work 1 LS $116,693.15 $116,693.15 Sales Tax 0 0%$- Total:$116,693.15 Page.1/1 AGENDA ITEM #6. d) AB - 2814 City Council Regular Meeting - 08 Mar 2021 SUBJECT/TITLE: Professional Services Agreement CAG-20-432 with Perteet, Inc. for Construction Management Services for the Houser Way Intersection and Pedestrian Improvements Project RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Public Works Transportation Systems Division STAFF CONTACT: Bob Hanson, Transportation Design Manager EXT.: 7223 FISCAL IMPACT SUMMARY: Professional Services Agreement CAG-20-432 with Perteet, Inc. for construction management services for the Houser Way Intersection and Pedestrian Improvements Project (TIP No. 20-16) totals $271,635.94. The engineer’s estimate for the construction contract is $973,000. The overall construction cost estimate, which includes this agreement, the construction contract, and staff time, is $1,300,000. The project’s 2020 budget was $814,625, of which approximately $790,000 is allocated to construction. The additional budget to fund the construction phase will be allocated to the project as part of the 2021 carry forward budget adjustment in the amount of $1,230,464.85. This budget adjustment is funded through the remainder of the project’s 2020 budget balance, a reallocation of funds from the Arterial Rehabilitation - Renton Avenue South Resurfacing (Project #122185 reassignment of $448,000), and unassigned Fund Balance 317 in the amount of $52,000. The increase is needed to fund increased construction costs. SUMMARY OF ACTION: The Houser Way Intersection and Pedestrian Improvements Project will construct new curb, gutter, sidewalk, curb extensions, driveway, and ADA improvements at the intersections of Houser Way South at Williams Avenue South and Wells Avenue South. Installation of these improvements will enhance safety for pedestrians and bicyclists crossing at these intersections. This professional services agreement retains the services of Perteet, Inc. for construction management services during construction of the project. The consultant will be responsible for project start up activities, project execution, and closeout requirements. Project execution includes documentation, construction meetings, reviewing submittals, responding to requests for information, change ord ers, progress payments, daily reports, and traffic control inspection. Perteet, Inc. was selected from the Municipal Research Services Center (MRSC) roster pursuant to city Policy 250-02 Purchasing, Bidding and Contracting Requirements. The services provided by the consultant are based on estimate of construction activity for approximately four months. Consistent with past projects on which Perteet, Inc. conducted construction management services, the consultant will be providing a project engineer, re sident engineer, document control specialist and construction observer. Payment for services will be based on actual hours worked and expenses incurred. AGENDA ITEM #6. e) The breakdown of this contract is $205,000 for construction management, $23,000 for public outreac h, which includes print and communications materials, presentations, meetings, King County Metro coordination and staffing a hotline, $15,000 for materials testing, and $25,000 management reserve. EXHIBITS: A. Agreement STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute a Professional Services Agreement CAG -20-432 with Perteet, Inc. to provide construction management services totaling $271,635.94 for the Houser Way Intersection and Pedestrian Improvements project (TIP 20-16). AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 1 of 14 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba’s): Address TIB Project Number UBI Number Federal TIN Execution Date Completion Date 1099 Form Required Yes No Federal Participation Yes No Project Title Description of Work Yes No DBE Participation Yes No MBE Participation Yes No WBE Participation Yes No SBE Participation Maximum Amount Payable: Index of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Scope of Work DBE Participation Preparation and Delivery of Electronic Engineering and Other Data Prime Consultant Cost Computations Sub-consultant Cost Computations Title VI Assurances Certification Documents Liability Insurance Increase Alleged Consultant Design Error Procedures Consultant Claim Procedures CAG-20-432 $246,941.76 24,694.18 $271,635.94 Management Reserve: AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 2 of 14 THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this AGREEMENT, between the _________________________________________________________________, hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this AGREEMENT, hereinafter called the “CONSULTANT.” WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1) of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I.General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II.General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A” attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III.General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days’ notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.” The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 3 of 14 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE firms maximum practicable opportunities. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. Non-minority, woman owned DBEs does not count towards UDBE goal attainment. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C – Preparation and Delivery of Electronic Engineering and other Data.” All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Name: Agency: Agency: Address: Address: City: State: Zip: City: State: Zip: Email: Email: Phone: Phone: Facsimile: Facsimile: IV.Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this AGREEMENT titled “Completion Date.” The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Keith Woolley City of Renton 1055 South Grady WayRentonWA 98057 kwoolley@rentonwa.gov (425) 430-7318 (425) 430-7376 Rahmi Kutsal Perteet, Inc. 505 - 5th Ave S. Seattle WA 98104 rahmi.kutsal@perteet.com (425) 252-7700(425) 339-6018 AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 4 of 14 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). A.Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 5 of 14 A.Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B.Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C.Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and billings for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. D.Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the SERVICES under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per WSDOT’s “Audit Guide for Consultants,” Chapter 23 “Resolution Procedures,” the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings E. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT’s Internal Audit Office and /or at the request of the AGENCY’s Project Manager. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 6 of 14 VI.Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be memorialized in a final written acknowledgment between the parties All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE’s Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII.Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 7 of 14 VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: •Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d-4a) •Federal-aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) •Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) •Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) •Civil Rights Restoration Act of 1987 (Public Law 100-259) •American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) •23 CFR Part 200 •49 CFR Part 21 •49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX.Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT’s failure to perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 8 of 14 The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X.Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.” XI.Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XII.Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 9 of 14 to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tie , or any other persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY’s, their agents’, officers and employees’ failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub- consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver. Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for proper construction techniques, job site safety, or any construction contractor’s failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 10 of 14 Insurance Coverage A.Worker’s compensation and employer’s liability insurance as required by the STATE. B.Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C.Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non- contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Agency: Address: City: State: Zip: Email: Phone: Facsimile: No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional liability to third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third part, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. Keith Woolley City of Renton 1055 South Grady Way Renton WA 98057 kwoolley@rentonwa.gov (425) 430-7318 (425) 430-7376 AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 11 of 14 XIII.Extra Work A.The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B.If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C.The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,” under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E.Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review - N/A The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY, Exhibit “G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in AGREEMENT’s over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENT’s over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General Requirements” prior to its performance of any SERVICES under this AGREEMENT. XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 12 of 14 XIX.Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state, or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information” includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles credit card information, driver’s license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State’s Confidential Information in strictest confidence and not to make use of the State’s Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub- consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY’s express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State’s Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY’s option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Confidential Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State’s Confidential Information was received; who received, maintained, and used the State’s Confidential Information; and the final disposition of the State’s Confidential Information. The CONSULTANT’s records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State’s Confidential Information, monetary damages, or penalties It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as “Confidential” and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 13 of 14 The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as soon as such confidential or proprietary material is developed. “Proprietary and/or confidential information” is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY’s said disclosure of sub- consultants’ information. XX.Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and maintain all “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents” pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place of business during normal working hours. If any litigation, claim, or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim, or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, “documents” means every writing or record of every type and description, including electronically stored information (“ESI”), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 14 of 14 For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. “Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the “Execution Date” box on page one (1) of this AGREEMENT. Signature Date Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. February 22, 2021 AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit A Scope of Work Project No. See attached Exhibit "A" AGENDA ITEM #6. e) Scope of Services Houser Way Intersection and Pedestrian Improvements Construction Management Services City Contract #CAG-17-149 TIB # C-P-102(001)-1 February 2021 City of Renton 505 FIFTH AVENUE S, SUITE 300 SEATTLE, WA 98104 800.615.9900 | 206.436.0515 Exhibit "A" AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 1 EXHIBIT A Scope of Services Construction Management Services City Contract #CAG-17-149 TIB # C-P-102(001)-1 INTRODUCTION Houser Way Intersection and Pedestrian Improvements Project provides pedestrian and bicyclists facilities and enhancements, traffic operation and circulation improvements in Downtown. The improvements include adding raised intersections with bulb outs, lighting, street furniture, streetscape, bike racks, signage, and wayfinding. Perteet Inc. (Consultant) will provide construction management, observation, and administration services for City of Renton (City). Consultant will endeavor to protect the City of Renton against defects and deficiencies in the work of the Contractor but cannot guarantee the Contractor’s performance and shall not be responsible for construction means, methods, techniques, sequences, procedures for safety precautions, and programs in connection with the work. Services shall be limited to those expressly set forth herein. If the service is not specifically identified herein, it is expressly excluded. Perteet shall have no other obligations, duties, or responsibilities associated with the project except as expressly provided in this Agreement. TIME FOR COMPLETION All work under this contract will be completed by December 31, 2021. The scope of this contract is based upon the Contractor completing all construction activity within the time frame specified in the Contract Documents and is based upon a 90-working day (to physical completion) schedule. In support of this schedule, our contract provides two weeks of project closure time (Closeout Record Preparation, Record Drawings, etc.). If the work schedule changes due to the contractor working weekends, extended hours, work performed during suspension, added working days due to change orders, weather delays, and/or COVID-19 related extensions, or if the construction activity extends beyond the contract time, the Consultant will inform the City immediately to allow an opportunity for the City to authorize additional budget that will allow the Consultant to provide the required additional services. The additional services will be billed at the rates established in the base agreement. DETAILED GENERAL SCOPE OF SERVICES PER CITY OF RENTON REQUIREMENTS 1. GENERAL a. Construction Management. The Consultant shall manage the Project Construction as set forth in the Houser Way Intersection and Pedestrian Improvements Project Contract Construction Documents, WSDOT LAG Manual, 2018 WSDOT Standard Specifications, and the WSDOT Construction Manual except as may be modified below. AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 2 b. Consultant’s Responsibilities i. The Consultant staff consists of: 1. Construction Manager 2. Resident Engineer 3. Construction Observer, if employed by the Consultant 4. Documentation Specialist 5. Public Outreach Subconsultant 6. Materials Testing Subconsultant ii. The Consultant’s responsibilities are the tasks assigned to Consultant staff as described within the task descriptions below. iii. The Consultant tasks, as assigned below, may be reassigned by the Consultant. The Consultant must notify the Project Manager of such reassignment. The Construction Manager shall remain responsible for completeness, accuracy, and timeliness of the Consultant’s work. c. City’s Responsibilities i. The City staff consists of: 1. Project Manager 2. Engineer 3. Construction Observer, if employed by the City ii. The City’s responsibilities are the tasks assigned to City staff as described within the task descriptions below. d. Others’ Responsibilities i. Engineer of Record, Permit and Environmental Compliance Manager, and City Public Works Department shall be independently responsible for tasks assigned as described within the task descriptions below. e. Directing the Contractor i. The Contractor is responsible to get its direction from the contract documents. ii. Clarification will be made in writing in RFIs. iii. Representatives of the Engineer are not authorized to accept Work, to accept materials, to issue instructions, or to give advice that is contrary to the Contract. Work done or material furnished which does not meet the Contract requirements shall be at the Contractor’s risk and shall not be a basis for a claim even if the representatives purport to change the Contract (Std. Spec. 1- 05.2). In the event City or Consultant staff finds it necessary to give direction to the Contractor, the entity giving direction may be found responsible for the work so directed. A written record of the directive must be made. f. Duty of the Consultant. The presence of the Project Manager and/or the Engineer during construction or discussions with the Contractor does not change the duties and responsibilities of the Consultant, City, or Contractor. g. Deliverables. The required deliverables, if any, are described in each of the tasks below. AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 3 2. RESPONSIBILITIES a. Construction Manager i. Staff management ii. Progress review iii. Billing iv. Preconstruction meeting (3.v.) v. Construction Observer and Documentation Specialist oversight (3.z.) vi. Weekly construction meetings (3.cc.) vii. Serial letters (3.vv.) viii. Protests (3.bbb.) b. Resident Engineer i. ROM (3.g.) ii. Non-materials submittal list (3.h.) iii. Bid analysis (3.i.) iv. Pre-award meeting (3.k.) v. Record keeping (3.o.) vi. Materials (3.q.) vii. Buy America (3.r.) viii. Subcontractors (3.s.) ix. UDBE subcontractors (3.t.) x. Progress schedule (3.u.) xi. Preconstruction meeting (3.v.) xii. Labor (3.w.) xiii. Project labor list (3.x.) xiv. Contractor’s equipment rate list (3.y.) xv. Construction Observer and Documentation Specialist oversight (3.z.) xvi. Weekly construction meetings (3.cc.) xvii. Safety (3.dd.) xviii. Weekly statements of working days (3.ff.) xix. Contractor’s weekly look-ahead schedule (3.gg.) xx. Conformity with and deviations from plans and stakes.(3.hh.) xxi. Permanent monuments (3.jj.) xxii. Correction notices (3.kk.) xxiii. Work suspension. (3.mm.) xxiv. IDRs (3.qq.) xxv. Pay notes (3.rr.) xxvi. RFIs (3.tt.) xxvii. Training (3.uu.) AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 4 xxviii. Serial letters (3.vv.) xxix. Progress payment forms (3.ww.) xxx. Force Account (3.xx.) xxxi. Progress payments (3.yy.) xxxii. Field directives (3.aaa.) xxxiii. Change orders (3.bbb.) xxxiv. Protests (3.ccc.) xxxv. Notices (3.ddd.) xxxvi. Change tracking (4.f.) xxxvii. Progress Schedule (4.h.) xxxviii. Posting Notices (4.i.) xxxix. CM construction office (5.h.) and (5.i.) c. Construction Observer (Inspector) i. Pre-award meeting (3.k.) ii. Non-materials submittal schedule (3.p.) iii. Materials (3.q.) iv. Subcontractors (3.s.) v. Preconstruction meeting (3.v.) vi. Labor (3.w.) vii. Construction Observer and Documentation Specialist oversight (3.z.) viii. Weekly construction meetings (3.cc.) ix. Safety (3.dd.) x. Contractor’s weekly look-ahead schedule (3.gg.) xi. Conformity with and deviations from plans and stakes (3.hh.) xii. Testing (3.ii.) xiii. Permanent monuments (3.jj.) xiv. Correction notices (3.kk.) xv. Environmental (3.ll.) xvi. Work suspension. (3.mm.) xvii. Photographs (3.nn.) xviii. Diary (3.oo.) xix. Field notebooks (3.pp.) xx. IDRs (3.qq.) xxi. Pay notes (3.rr.) xxii. As-built plans (3.ss.) xxiii. Force Account (3.xx.) xxiv. Progress payments (3.yy.) xxv. Field directives (3.aaa.) xxvi. City Public Works Department Notification (3.eee.) AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 5 xxvii. CM construction office (5.f.) d. Documentation Specialist i. ROM (3.g.) ii. Record keeping (3.o.) iii. Non-materials submittal schedule (3.p.) iv. Materials (3.q.) v. Buy America (3.r.) vi. Subcontractors (3.s.) vii. UDBE subcontractors (3.t.) viii. Preconstruction meeting (3.v.) ix. Labor (3.w.) x. Construction Observer and Documentation Specialist oversight (3.z.) xi. Weekly construction meetings (3.cc.) xii. Meeting minutes (3.ee.) xiii. IDRs (3.qq.) xiv. Pay notes (3.rr.) xv. RFIs (3.tt.) xvi. Training (3.uu.) xvii. Serial letters (3.vv.) xviii. Progress payment forms (3.ww.) xix. Force Account (3.xx.) xx. Progress payments (3.yy.) xxi. Change orders (3.bbb.) xxii. Protests (3.ccc.) e. Public Outreach Subconsultant i. Public outreach (3.fff.) f. Testing Laboratory i. ROM (3.g.) ii. Materials testing and approval iii. On-site compaction testing iv. On-site concrete testing g. Project Manager i. Advertisement (3.a.) ii. Contract addenda (3.b.) iii. Bidder questions (3.c.) iv. Bid deadline and opening (3.c. and d.) v. Conformed construction documents (3.f.) vi. ROM (3.g.) vii. Bid analysis (3.i.) AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 6 viii. Determination of bidder responsibility and bid responsiveness (3.j.) ix. Pre-award meeting (3.k.) x. Preparation of contract documents for execution (3.l.) xi. Award (3.m.) xii. Execution (3.n.) xiii. Record keeping (3.o.) xiv. Materials (3.q.) xv. Subcontractors (3.s.) xvi. Preconstruction meeting (3.v.) xvii. Notice to proceed (3.z.) xviii. Work suspension. (3.mm.) xix. IDRs (3.qq.) xx. Serial letters (3.vv.) xxi. Progress payment forms (3.ww.) xxii. Progress payments (3.xx.) xxiii. Change orders (3.aaa.) xxiv. Notices (3.ccc.) h. Engineer i. The Authority vested in the “Engineer” by the Standard Specifications shall be vested in the City Transportation Design Manager who performs the duties of the Certification Authority. ii. Directing the Contractor (1.e.) iii. Contract addenda (3.b.) iv. Bidder questions (3.c.) v. Conformed construction documents (3.f.ii) vi. Pre-award meeting (3.k.) vii. Materials (3.q.) viii. Preconstruction meeting (3.v.) ix. Work suspension. (3.mm.) x. Change orders (3.aaa.) xi. Protests (3.bbb.) i. Engineer of Record i. Contract addenda (3.b.) ii. Bidder questions (3.c.) iii. Conformed construction documents (3.f.) iv. ROM (3.g) v. Non-materials submittal list (3.h.) vi. Bid analysis (3.i.) vii. Pre-award meeting (3.k.) viii. Record keeping (3.o.) AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 7 ix. Materials (3.q.) x. Preconstruction meeting (3.v.) xi. Weekly construction meetings (3.cc.) xii. Conformity with and deviations from plans and stakes (3.hh.) xiii. Permanent monuments (3.jj.) xiv. RFIs (3.tt.) xv. Change orders (3.bbb.) j. Permit and Environmental Compliance Manager i. Review and approval of Contractor’s SPCC plan ii. Environmental (3.ll.) k. City Public Works Department i. Water Manager (3.ddd.) ii. Sewer and Surface Water Manager (3.ddd.) iii. Streets Manager (3.ddd.) 3. TASKS a. Advertisement i. Prepared by Project Manager ii. Placed in newspaper by City Clerk iii. Two separate ads, posted for the duration of 21 calendar days (LAG 46.2.24) iv. Electronic copies of the plans and specifications shall be placed by the Project Manager and shall be available, online, at Builder’s Exchange from the first date of advertisement, continuously, until physical completion. b. Contract Addenda i. Contract addenda will be prepared by the Engineer of Record, reviewed by Project Manager, and signed by Engineer (LAG 46.2.24). c. Bidder Questions i. Questions must be in writing, email preferable. ii. Answers will be prepared by the Engineer of Record, reviewed by the Project Manager, and signed by the Engineer. iii. All answers shall be made in writing and posted on the bidding website (Std. Spec. 1-02.4(1), last paragraph). iv. Answers that change the contract will generate contract addenda. d. Bid Deadline i. The bid delivery will be to the City Clerk and the deadline will be as advertised. e. Bid Opening i. The bid opening by the City Clerk will be at least 48 hours following the bid deadline. f. Conformed Contract Documents i. Following the bid opening, the Engineer of Record will cause the contract documents to incorporate all the changes made during the bidding process. AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 8 ii. The Engineer will sign the contract documents for construction approval. g. ROM (Constr. Man.9-1.2C) i. The Record of Materials shall be prepared independently by WSDOT Consultant or testing lab and the Engineer of Record and maintained by the Resident Engineer or Documentation Specialist. ii. The ROM shall be prepared following bid opening and prior to Award. iii. Made available at the Pre-award Meeting. iv. See (3.q). h. Non-materials Submittal List (Constr. Man. 1-05 Other submittals page 1-51) i. The Engineer of Record and Resident Engineer shall independently prepare a list of all contract- required non-materials submittals. (See Figure 1-1, Constr. Man. 1-05 page 1-55). ii. Following bid opening and prior to award. iii. Made available at the pre-award meeting. iv. See (3.p). i. Bid Analysis i. The Project Manager shall tabulate all the bids by bid item and evaluate the apparent low bid for balance and other irregularities (Std. Spec. 1-02.13.2.). The Engineer of Record and Resident Engineer shall review for concurrence. j. Determination of Bid Responsiveness and Bidder Responsibility i. The Project Manager shall determine bid responsiveness and bidder responsibility. A bid may be considered irregular and not responsive for any of the conditions listed in Std. Spec. 1-02.13. Further instruction that shall be followed is contained in LAG 46.2.26. ii. A bidder may be deemed not responsible and the proposal rejected for any of the conditions listed in Std. Spec. 1-02.14. Further instruction that shall be followed is contained in LAG 46.2.22, 27, and 28. iii. The Project Manager shall submit the low bid information to WSDOT Local Programs for review and approval. iv. Before award of a contract, a bidder shall submit to the contracting agency a signed statement in accordance with chapter 5.50 RCW verifying under penalty of perjury that the bidder is in compliance with the responsible bidder criteria requirement of subsection (2)(f) of RCW 39.26.160. A contracting agency may award a contract in reasonable reliance upon such a sworn statement (RCW 39.26.160 (4)). k. Pre-award Meeting (Std. Spec. 1-02.15) i. The Project Manager shall schedule and preside over a pre-award meeting. ii. Required participants 1. Engineer 2. Project Manager 3. Engineer of Record 4. Resident Engineer 5. Construction Observer/s 6. Contractor’s Project Manager 7. Contractor’s Site Foreman/Superintendent AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 9 iii. Agenda shall include at least the following: 1. Time of contract compliance letter and response 2. A pre-award progress schedule (3.o.ii). 3. Executed documents deadline 4. Construction phasing 5. Lump sum breakdowns 6. A complete statement of the origin, composition, and manufacture of any or all materials to be used 7. ROM 8. Non-materials submittal list 9. Special citizen outreach requirements 10. Date for preconstruction meeting/s 11. Date for notice to proceed 12. Construction offices 13. Lay-down locations l. Preparation of contract documents for execution i. The Project Manager shall prepare the contract documents for execution by the Contractor. m. Award i. The Project Manager shall prepare the contract for award and submit the material to the City Clerk who will submit the contract to the City Council for award. n. Execution (Std. Spec. 1-03.3, RCW 35A.40.200, RCW 35.23.352(1)) i. The Project Manager will deliver the complete the contract package to the Contractor. ii. The Contractor must execute and return the contract documents in full within ten days from the date at which he or she is notified that he or she has been awarded the contract. iii. The Project Manager will deliver the contractor-executed contract to the City Clerk for the Mayor’s execution. o. Record Keeping i. Filing System 1. The City will provide the filing format that shall be used by the Consultant. 2. Original copies of all contract construction documents shall be kept and filed by the Documentation Specialist and delivered to the Project Manager in cardboard file boxes with printed external tables of contents upon contract completion. 3. Electronic copies of all contract construction documents shall be kept and filed by the Documentation Specialist and delivered to the Project Manager in PDF format on a “thumb drive” upon contract completion. ii. Timeliness 1. The Documentation Specialist shall update the status of submittals and subcontractors on a daily basis and make them available to the Construction Observer and Resident Engineer and the Engineer of Record at 7:00 AM the morning following every status change. All other records shall be updated on a weekly basis and made available online to the City, the Contractor, and all members of the construction management team and at the weekly construction meeting following the status change. AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 10 iii. Final Records 1. Upon contract completion, the Documentation Specialist shall provide the Project Manager with documentation of the work performed on the contract. Documentation consists of field books, inspector’s record of field tests, Resident Engineer’s and inspector’s diaries, all invoices, weigh bills, truck measurements, quantity tickets, receiving reports, field office ledgers, mass diagrams, cross-sections, computer listings, and work profiles. Photographs or video tapes before, during, and after construction could be useful, especially if care is taken to show any unusual conditions, equipment, or procedures (LAG Man. 52.8.83.4). iv. The Documentation Specialist shall be responsible for filing all meeting minutes (3.dd). v. Contractor Records 1. The Documentation Specialist shall obtain proof from the Contractor that it has met all the requirements for Records and Retention (Constr. Man. 1-07.11(10)B). p. Non-materials Submittal Schedule i. The Documentation Specialist shall maintain a non-materials tracking spreadsheet, supplied by the City, of status and delivery deadlines of non-material submittals for the purpose of notifying the contractor and Construction Observer of pending requirements for up-coming construction activity. ii. The Resident Engineer shall review the non-materials tracking spreadsheet at the weekly construction meetings. q. Materials i. All materials must be approved by the Project Manager prior to use. The Resident Engineer shall insure that the quality of materials and workmanship on a project conform to the contract specifications (LAG 52.3) ii. All QPL, RAM, ASA, CMO, and MCC submittals shall be delivered to the Documentation, Resident Engineer, and the Project Manager. iii. Each RAM submittal package shall be delivered complete. Parts of assemblies, submitted individually, will be returned to the Contractor. RAMs that vary from the specifications must be reviewed and approved by the Engineer of Record. iv. The Documentation Specialist shall maintain and update a City form material submittals tracking spreadsheet with all material submittals. v. Materials shall also be tracked by bid item on appropriate WSDOT forms 272-024. vi. The Resident Engineer shall be responsible for reviewing materials submittals for conformance with the specifications and approving or obtaining materials approvals. vii. The Construction Observer shall receive all Materials on site. Only approved materials shall be accepted, and all materials shall have identification stamps or tags. Non-approved materials and/or materials missing identification shall be rejected and either quarantined or removed from the site. Used materials shall be removed from the site immediately. viii. The Construction Observer shall keep trip tickets, invoices, weigh bills, truck measurements, quantity tickets, or other record of the quantities of all materials delivered ix. Materials Certification. The Documentation Specialist shall provide the Engineer, for his signature, a completed Materials Certification form (DOT Form 140-574) upon completion. AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 11 This materials certification shall be completed in accordance with Construction Manual Section 9-1.5 and Section 52.3 of the LAG Manual (LAG Man. 52.8.83.6). r. Buy America i. The Resident Engineer shall be responsible that all ferrous materials meet “Buy America” requirements (Special Provision 1.06). ii. The Documentation Specialist shall obtain and file all CMOs and/or MCCs from the Contractor. s. Subcontractors i. All subcontractors must be approved by the Project Manager before performing any work on the project (Std. Spec. 1-08.1) ii. The Construction Observer shall keep track of all subcontractors on the job site and require removal of all unapproved subcontractors by the Contractor. iii. All subcontractors must meet the conditions set forth in Std. Spec. 1-08.1. iv. The Contractor must submit a completed WSDOT form 421-012 for each proposed subcontractor. The request must be reviewed and approved by the Resident Engineer to ensure that the proposed subcontractor meets the requirements of WAC 296.127.10 (Constr. Man. 1- 08.1.). v. All subcontractors must submit intents to pay prevailing wages documents L&I form F700- 029-000 and appropriate addenda before performing any work on the project. vi. All contracts with all subcontractors and lower tier subcontractors shall contain the exact language contained in Form FHWA 1273 as revised May 1, 2012 vii. All subcontractors must have a City of Renton Business License. viii. The Contractor shall insert the notification set forth in the Standard Specifications in all solicitations for sub-contractor and supplier bids. (Std. Spec. 1-07.11(2)3.) ix. Subcontractor contract retainage requirements GSP1-08.1 (June 3, 2019 ) must be met. x. The Documentation Specialist shall keep files of all subcontractors and their submittals and shall maintain and update a City form subcontractor tracking spreadsheet with all subcontractor approval submittals. xi. Removal. If dissatisfied with any part of the subcontracted Work, the Engineer may request in writing that the subcontractor be removed. (Std. Spec. 1-08.1 last paragraph). xii. If required, the Construction Observer shall observe and record VIN numbers on contractor trucks. t. UDBE Subcontractors (See Special Provision for UDBEs 1275) i. Upon award, the UDBE goal percentage is replaced with the individual UDBE subcontractor dollar amounts provided with the bid that become Conditions of Award (COAs) ii. COA UDBEs and their contract dollar amounts (Special Provision 1-07.11, page 52) cannot be changed without meeting the conditions set forth in LAG 26.3.6. iii. COA UDBEs shall be interviewed by the Resident Engineer on behalf of the Engineer and make CUF determinations using DOT Form 272-052, Special Provision 1-07.11, pages 50, 51. iv. Reporting. The Contractor shall use the WSDOT implemented DMCS to file UDBE and DBE payment. The Documentation Specialist shall monitor DBE participation and track all subcontractor payments and monitor attainment of Condition of Award (COA) Commitments. AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 12 v. The Construction Observer shall verify trucks that are on-site match the trucks listed by license plate on DOT Form 350-077. If trucks are on-site that are not listed on the log, document in the Inspector Daily Report the license plate number and identifying logo. Notify the Project Engineer of the unlisted trucks. u. Progress Schedule i. The Progress Schedule shall be type B unless otherwise indicated in the contract (Std. Spec. 1- 08.3 (2)) and (Special Provisions, page 75). ii. Prepared by Contractor. iii. A pre-award schedule, of sufficient detail to demonstrate completion of the project within the time of contract, shall be submitted at the pre-award meeting (Std. Spec. 1-02.15.3.). iv. A preliminary schedule shall be submitted five calendar days following Contract Execution (Std. Spec 1-08. 3(2)B). v. The entire project schedule, if different from the pre-award schedule, shall be submitted within 30 calendar days following contract execution. (Std. Spec. 1-08. 3(2)B) vi. The progress schedule shall be reviewed and approved or returned by the Resident Engineer 15 calendar days following submittal by the Contractor, (Std. Spec. 1-08. 3(2)B). vii. The Resident Engineer shall determine if the Contractor will perform at least 30% of the work (Std. Spec. 1-08.1) and: viii. Collectively, lower tier subcontractors shall not do work that exceeds 25% of the total amount subcontracted (Std. Spec. 1-08.1.7.) to all Subcontractors except for structure work. ix. The Resident Engineer shall require updates, as may be required, for review and approval. (Std. Spec. 1-08. 3 (3)) v. Preconstruction Meeting (LAG Man. 52.2) i. The preconstruction meeting shall be scheduled and managed by the Resident Engineer. ii. List of invitees shall include: 1. The Project Manager 2. The Project Specialist (Joey) 3. The Engineer 4. The Engineer of Record 5. The City’s Public Works representatives 6. The Resident Engineer 7. The Construction Manager 8. The Documentation Specialist 9. The Construction Observer/s 10. The Public Outreach Subconsultant 11. The franchise utility representatives 12. The WSDOT Local Programs Engineer 13. The WSDOT inspector (for projects on state highways and/or in WSDOT limited access ROW iii. The Agenda shall be prepared by the Resident Engineer and shall include at a minimum those items listed in (LAG Appendix 52.101) iv. First Order of Work (Std. Spec. 1-08.4) AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 13 1. When shown in the Plans, the first order of work shall be the installation of high visibility fencing to delineate all areas for protection or restoration. v. Forms 1. The Resident Engineer should provide the Contractor a description of all required forms, giving the Contractor an initial supply of each. Additional forms required by the Contractor over the course of the work should be provided by the Resident Engineer upon request by the Contractor. Remind the Contractor that all form submittals, including those of subcontractors, lower-tier subcontractors, and suppliers, should be routed through the Prime Contractor for submittal (Constr. Man. P. 1-52). w. Labor i. Minimum wages shall meet Federal or Washington State prevailing wage rates, whichever is higher. ii. Intents to pay prevailing wages 1. The Prime Contractor and all subcontractors and lower tier subcontractors must submit intents to pay prevailing wages. It is the responsibility of the Documentation Specialist to collect and file the intents (Std. Spec. 1-07.9 and Special Provisions). The Resident Engineer shall not permit the Contractor, subcontractors or lower tier subcontractors onto the job site until their Intents have been submitted. iii. Certified payrolls 1. The Documentation Specialist shall collect and file all certified payrolls and shall not enter work into the progress payment form for payment to the Contractor, subcontractors or lower tier subcontractors, failing to submit the required certified payrolls within 10 calendar days of the of the end of the preceding weekly payroll period. (Std. Spec. 1- 07.9(5) 2. The Documentation Specialist shall maintain and update a City form certified payrolls tracking spreadsheet containing all certified payrolls. iv. Affidavits of wages paid 1. The Documentation Specialist shall collect, and file affidavits of wages paid from the Contractor and all subcontractors following physical completion. The City will not accept the project nor release the contract bond until all such affidavits have been delivered. (Std. Spec. 1-07.9(5) v. Interviews (Constr. Man. 1-07.9(1)) 1. The Construction Observer shall perform interviews with the Contractor’s and subcontractor’s worker to verify payment of the correct wage rates. (Constr. Man. p. 1- 86) x. Project Labor List (Std. Spec. 1-09.6.1.) i. Project labor lists of the charge rates for all employees shall be submitted by the contractor and all subcontractors for review and approval by the Resident Engineer prior to the notice to proceed. y. Contractor’s Equipment Rate List (Std. Spec. 1-09.4 and 1.09.6.3.) i. Contractor-owned equipment rates shall be submitted by the contractor for every piece of equipment potentially used on the job for review and approval by the Resident Engineer prior to the notice to proceed. AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 14 z. Construction Observer and Documentation Specialist Oversight i. The Resident Engineer shall manage the activities of the Construction Observer and Documentation Specialist and provide direction and training as necessary. If the Construction Observer or Documentation Specialist is failing to perform assigned duties, the Resident Engineer shall attempt to correct the performance. If the Construction Observer or Documentation Specialist fails to make the corrections, he or she must be replaced. In the event the Construction Observer is a City employee, The Construction Manager shall prepare a written notice of performance failure that must be delivered to the Project Manager. ii. If the City employee fails to make the necessary corrections, the Project Manager will remove the City employee and the Resident Engineer may be required to replace the City employee with a Consultant Construction Observer. aa. Notice to Proceed i. The Project Manager will issue the notice to proceed to the Contractor. ii. Work must begin within 21 days of execution of contract (Std. Spec. 1-08.4). bb. Mobilization (Std. Spec.1-09.7) i. Payment for mobilization will be made in strict compliance with the Standard Specifications. The numerators for the 5% and 10% thresholds calculations are the sums of the value of all bid item and force account work completed up to the cutoff date excluding any amount for the bid item, mobilization. The divisor for the 5% and 10% thresholds calculations is the total original contract amount. The basis for the 10% delayed payment limit until substantial completion is the total original contract amount. cc. Weekly Construction Meetings i. Held in the Consultant’s or Contractor’s construction office and presided over by the Resident Engineer. ii. Required attendees 1. Construction Manager 2. Resident Engineer 3. Documentation Specialist 4. Construction Observer 5. Public Outreach Subconsultant 6. Project Manager 7. Engineer 8. Engineer of Record 9. Permit and Environmental Compliance Manager 10. Contractor Representatives iii. Agenda 1. Safety a. Contractor’s report b. Resident Engineer’s report c. Construction Observer’s report 2. Meeting minutes 3. Weekly statement of working days AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 15 4. Schedule progress a. Contractor’s weekly look-ahead schedule b. Upcoming preconstruction meeting dates c. Critical completion dates d. Contractor’s plan for meeting critical completion dates 5. Resident Engineer’s report 6. Construction Observer’s report 7. Environmental compliance report 8. Public outreach report 9. Submittals a. Changes to the ROM. b. Materials tracking spreadsheet review. c. Non-materials tracking spreadsheet review. d. The Documentation Specialist shall review and supply updated copies of the materials and non-materials tracking spreadsheets at every construction meeting. 10. Certified payrolls a. The Documentation Specialist shall review and supply updated copies of the Certified payrolls tracking spreadsheets at every construction meeting. 11. RFIs a. Status b. The Documentation Specialist shall review and supply updated copies of the RFI tracking spreadsheets and at every construction meeting. 12. Serial Letters a. Status b. The Documentation Specialist shall review and supply updated copies of the serial letter tracking spreadsheet at every construction meeting. 13. Change Orders a. Status b. The Documentation Specialist shall review and supply updated copies of the Change Order tracking spreadsheet at every construction meeting. 14. Training a. Contractor’s status 15. Subcontractor status a. UDBE Status b. Written approvals c. Intents to pay prevailing wages d. Business licenses e. The Documentation Specialist shall review and supply updated copies of the subcontractor tracking spreadsheets at every construction meeting. AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 16 dd. Safety (Std. Spec. 1-07.1) i. The Division of Occupational Safety and Health requires that every foreman, supervisor, or other person in charge of a crew have a valid first aid card. (Constr. Man. Page 1-72) ii. The Resident Engineer shall obtain the WISHA manuals, particularly Safety Standards for Construction Work WAC 296-155, General Safety and Health Standards WAC 296-24, and General Occupational Health Standards WAC 296-62, and shall review them with the Construction Observer/s to ensure reasonable familiarity to the extent that they can recognize important requirements. (Constr. Man. Page 1-73) iii. The Resident Engineer shall complete OSHA Form 301 for each consultant employee injured. iv. Vehicular and pedestrian accidents within project limits shall be reported by the Construction Observer to the City Police at 911. Construction shall make a make a note in his IDR of what happened. ee. Meeting Minutes i. Minutes of preconstruction, weekly construction, and all other contractor construction meetings shall be kept by the Documentation Specialist. Copies of said minutes shall be sent to all participants by the day following the meeting for review and comment and such comments shall be returned within two days following their receipt. Following corrections, as may have been necessary, the final minutes will be filed and delivered to the participants within an additional 2 days or at the next weekly construction meeting. ff. Weekly Statements of Working Days i. Shall be supplied by the Resident Engineer. In the event it is not available for delivery, the construction meeting will be interrupted and delayed until it is available. The costs for such delay, if any, shall be borne by the Consultant. ii. This report shall be on LAG Man. form 52.105 that details the number of workable/unworkable days charged to a project, the reason a day is charged as unworkable, daily weather codes, the current status of contract days, and a summary or the week’s construction activity. (Constr. Man. GEN 1-00.7(1)5.) gg. Contractor’s Weekly Look-Ahead Schedule i. The weekly look-ahead shall be for the two-week period beginning the day following the date of the weekly construction meeting. The weekly look-ahead schedule must be delivered to the Resident Engineer three working days prior to the weekly construction meeting (Std. Spec. 1- 08.3(2)D). In the event it is not so delivered, the construction meeting may be delayed by the Resident Engineer until he or she has completed his or her review and may suspend work for the period of the meeting delay (Std. Spec. 1-08.6.2.). The period of such work stoppage will be counted as working days. (Std. Spec. 1-08.6.) ii. The Resident Engineer and the Construction Observer shall review the plans, specifications, special provisions, and bid items for work planned for the upcoming work period. hh. Conformity With and Deviations From Plans and Stakes (Std. Spec 1-05.4) i. Construction staking 1. It is the responsibility of the Contractor to accurately set construction staking and to construct the project in conformance with the plans and specifications. It is the responsibility of the Construction Observer and Resident Engineer to be familiar with the plans and specifications. AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 17 ii. PROWAG 1. The Construction Observer shall document PROWAG compliance on all wheelchair ramps and signal construction on WSDOT ADA Measurement Forms with instructions. iii. Preconstruction meetings 1. The Resident Engineer shall conduct preconstruction meetings as may be required by the non-materials submittal list and preceding construction of features such as wheelchair ramps and catch basins/manholes. 2. The Resident Engineer and Construction Observer shall conduct preconstruction meetings prior to construction of curbs at raised intersections, wheelchair ramps, and catch basins/manholes. A City, Houser Way Intersection and Pedestrian Improvements Project, standard plan for catch basin and manhole construction shall be supplied to the Contractor personnel. iv. Raised intersection gutters 1. The Construction Observer and Engineer of Record shall be present during the forming and pouring of the raised intersection gutters. v. Catch basins and manholes 1. The Resident Engineer and Construction Observer shall be present at the construction of the adjustment rings and frames. They shall both inspect all completed catch basins and manholes immediately following final adjustment and require reconstruction of those not meeting the requirements of the standard plan. ii. Testing i. The Construction Observer shall contact and schedule testing. ii. Materials testing will be by King County (name and phone number) Consultant (Mayes Testing Engineers, Inc. Paul Davis, PE (253) 573 9939 iii. Compaction testing will be by King County Consultant. iv. Utilities testing will be by Public Works: water (Gregg Seegmiller 425-766-2884); sewer and storm (name and phone number). jj. Permanent Monuments (RCW 58.09.130) i. The Resident Engineer or the Construction Observer shall report to the Engineer of Record and Project Manager all permanent monuments found in the construction zone, not shown on the plans. Whenever a survey monument needs to be removed or destroyed, the application required by WAC 332-120-050 shall be submitted to the Department of Natural Resources. It shall be completed, signed and sealed by the Contractor’s land surveyor or engineer. ii. All applications must be completed on forms provided by the Department of Natural Resources and follow instructions provided by DNR. Completed applications shall be filed at DNR (WAC 332-120-070). iii. RCW 58.09.040 requires that, for all monuments that are set or reset, a record of the monument be filed on a Monumentation Map with the County Engineer in the county in which the corner exists and the original sent to the DNR for their records. kk. Correction Notices i. Deviations. When the Construction Observer observes the Contractor’s work deviating from the approved plans and/or specifications he/she shall immediately inform the person performing the unapproved work. AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 18 ii. The oral notice shall be followed directly with a written correction notice from the Resident Engineer using a City-approved form and delivered to the contractor’s on-site foreman or superintendent. iii. The Contractor will not be paid for unapproved work and it must be removed and replaced unless the City and Contractor agree to execute a change order for an acceptable deviation. An adjustment in cost may be required. ll. Environmental i. Contractor compliance with permits and environmental regulations shall be the primary responsibility of the contractor and enforcement shall be the primary responsibility of the Permit and Environmental Compliance Manager. The Construction Observer shall report all violations observed to the Permit and Environmental Compliance Manager mm. Work Suspension i. The Resident Engineer may issue a work suspension order when there is overwhelming evidence of contractor disregard for an immediate threat to Life and Safety. (Std. Spec. 1-07.1) and (Constr. Man. 1-07.1 page 1-75). 1. The first course of action is the Construction Observer gives oral notification to the foreman of the Contractor’s crew involved and phone notification to the local WISHA office and the Project Manager if the problem is not corrected immediately. If the Project Manager determines that immediate action is required, he/she may direct the Construction Observer to immediately Issue a written work suspension order. 2. Second is oral and written notification to the Contractor’s Project Manager and the foreman or superintendent and the local WISHA field office: 3. Third, if the Contractor refuses to address the safety violation and no WISHA officer is available, the Engineer may issue a written work suspension order. ii. The Resident Engineer with input from the Permit and Environmental Manager may suspend work in the vicinity of archaeological or historical objects discovery. iii. The Resident Engineer shall suspend all work in the area of and adjacent to the discovery of human skeletal remains (Constr. Man. 1-07.16(4)A). iv. The Resident Engineer may suspend work in the area of a utility conflict until the solution of the conflict has been determined and a Field Directive has been issued. v. All other Work Suspension Orders must be issued by the Project Manager following consultation with the Engineer and the City Attorney. vi. The Work Suspension Order shall be on a City form and must contain, at a minimum, the following: 1. Identification of the Contract work being performed. 2. A description of the reason or alleged infraction including WISHA/OSHA rule if available. 3. Location. 4. Time. 5. The name of the Contractor’s person responsible for the alleged infraction. 6. Photographs and/or video showing the condition or alleged infraction. nn. Photographs i. The Construction Observer shall take photographs of all materials and their identification markings or tags upon delivery, all changes, and adequate photographs of construction to AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 19 create a complete photographic record of the project construction. All photographs shall be date and time stamped and given a reference number, and a record kept of the locations of all photographs (Constr. Man. 10-3.14). oo. Diary i. The Construction Observer shall keep a diary record of construction activity. (Constr. Man. 10- 3.6A) pp. Field Notebooks i. Field Notebooks shall be completed and maintained by the Construction Observer (Constr. Man. 10-3.12). qq. IDRs i. The Construction Observer shall complete inspector daily reports for every day worked by the Contractor. The IDRs shall be completed in compliance with Constr. Man. 10-3.6B and delivered to the Documentation Specialist, Resident Engineer, and Project Manager in PDF format at the completion of each day’s work. ii. The IDRs shall be made on WSDOT forms 422-004, 004A, and 004B Revised 07/2019. iii. The Resident Engineer shall review all IDRs. rr. Pay Notes (Field Notes) (Constr. Man. 10-3.12) i. The Construction Observer shall measure and complete records of quantities of all the bid items constructed each day using WSDOT Form IP 422-635ER EF Revised 2/2009. ii. The Construction Observer shall present the completed Pay Notes to the Contractor the following morning for review and signature and immediately forward to the Documentation Specialist and Resident Engineer. iii. The Resident Engineer shall review all pay notes. iv. The Documentation Specialist shall prepare and complete Pay Note records on Pay Note summary spreadsheets for each pay period. ss. As-Built Plans i. The Construction Observer shall keep an independent record of all changes from the plans in his or her diary and in red ink on a full-size set of the construction plans (Constr. Man. 10-3.11A). The as-built plans shall be clearly stamped “AS-BUILT DRAWINGS” and kept in the construction office until physical completion. ii. All corrections, repairs, revisions, and additional details necessary to depict the work as it was constructed shall be shown on the as-built plans, whether considered the practice of engineering or not and whether considered a change to the contract or not. iii. The as-built drawings shall be current with entries made the day the construction changes were made. iv. Changes made pursuant to a Change Order shall be identified on the plans with the Change Order number. v. Photographs of the changes shall be taken and referenced on the plans by reference number. tt. Requests for Information (RFIs) i. Contractor requests for information shall be answered in writing by the Resident Engineer. ii. If the RFI is for information missing from the plans or specifications, it shall be forwarded to the Engineer of Record for a response. AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 20 iii. The Documentation Specialist shall maintain and update a City form RFI tracking spreadsheet containing all RFIs. uu. Training i. The Documentation Specialist shall monitor the payment amount for bid item No. 5 for compliance and the Resident Engineer shall work with the Contractor to achieve compliance. vv. Serial Letters i. Serial letters shall be used for the tracking of time-sensitive communications that require responses, such as notices, claims, protests, etc. ii. The Construction Manager shall consult with the Resident Engineer and prepare the responses. They shall be reviewed by the Project Manager, reviewed by the Engineer, reviewed by the City Attorney if necessary, and sent to the Contractor. iii. The Documentation Specialist shall maintain and update a City form serial letter tracking spreadsheet for tracking all protests, disputes, claims, requests for additional time, and all other time sensitive correspondence between the City and the Contractor. ww. Progress Payment Forms i. Following award, the Project Manager shall input the contract schedule of prices on the City Progress Payment forms and then shall lock the input contract data and forward the completed forms to the Resident Engineer and Documentation Specialist. ii. Following execution of a change order, the Project Manager shall input the change order items and estimates and then shall lock the input change order data and forward the completed forms to the Resident Engineer and Documentation Specialist. iii. All the formula columns shall be locked. xx. Force Account (Std. Spec. 1-9.6) i. The Construction Observer shall track force account work on City forms. The forms shall be completed by the end of each day force account work was performed. The Construction Observer shall sign and obtain the signature of the Contractor’s representative on all completed force account tracking forms before the end of the following day. The Construction Observer shall forward all completed and signed force account tracking forms to the Resident Engineer, the Project Manager, and Documentation Specialist. yy. Progress Payments (Std. Spec. 1-09.90) i. Progress payment invoices shall be prepared and signed by the Documentation Specialist or Resident Engineer on forms provided by the City. All bid item quantities shall be based on the pay notes generated for that pay period. ii. All input by the Consultant will be in quantities from the Pay Note Summary spreadsheet. Check measurement and payment for the complete bid items of the specifications to ensure that the measurement conditions have been met. iii. The estimate to complete column must never contain formulas. The input shall be actual estimated quantities provided by the Construction Observer and reviewed by the Resident Engineer. iv. Completed progress payments must be reviewed and signed by the Project Manager prior to submittal to the Contractor for signature. v. The Engineer will review, sign, and submit the signed Progress Payment Invoices to the City Finance Division in time to insure payment to the contractor within 30 days from the Contractor’s signed progress payment invoices delivery to the City. AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 21 zz. Materials on Hand (Std. Spec.1-09.8) i. Payment for materials on hand will be made in strict compliance with the Standard Specifications. aaa. Field Directives (Std. Spec. 1-04.4.) i. Written field directives shall be used to enforce correction notices or initiate change orders. They will be issued by the Resident Engineer or Construction Observer on City forms. ii. They shall include a description of required work and in the case of changes, a rough estimate. Signatures of the initiator, the Resident Engineer or Construction Observer are required and the Contractor’s representative for changes. bbb. Change Orders i. Change orders shall be prepared by the Resident Engineer on City approved forms, and in compliance with (Std. Spec. 1-04.4.) ii. Change orders must be reviewed and signed by the Project Manager, Resident Engineer, Engineer of Record, Engineer, and others as may be required by City Policy. iii. The change order, approved and issued by the Engineer, will be given to the Contractor for endorsement. If the Contractor fails to endorse and return the change order, request an extension of time for endorsement or responds in accordance with Std. Spec. 1-04.4. within 14 days of delivery to the Contractor, it may be issued unilaterally by the City. iv. Change orders shall include only force account work, bid item work, or a lump sum. Mixing any of the above in one change order makes tracking of force account work impossible. v. Preparation of change orders shall begin immediately following issuance of field directives or the decision for a planned change. In the case of a planned change, the first step is a determination that the change is not a new project by the City Attorney. The preparation of all change orders is as follows: 1. Complete a description of the change. 2. Prepare a cost estimate by the Resident Engineer. 3. Get a change order quotation or estimate from the Contractor. 4. Establish force account estimate, bid item, or negotiated lump sum amount for the equitable adjustment. Force account change orders are preferable. 5. Update labor list and equipment rate list if necessary. 6. Complete a reason for the change. 7. Execute the change order. A change order has fixed unit prices and estimated bid item quantities, fixed as a lump sum, or an open estimate in the case of force account. In any case it must be executed immediately in order to pay the contractor for its work. Force account records are for progress payments, not change orders. vi. Minor Changes shall not be used. vii. Equitable Adjustment includes the cost of the labor, equipment, materials, bid items, if any, and the costs of non-main office extended overhead, if any (Std. Spec.1-09.4). viii. Completed change orders shall be filed by the Documentation Specialist. ix. The Documentation Specialist shall maintain and update a City form Change Order tracking spreadsheet that shall include all Field Directives and Change Orders. AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 22 ccc. Protests i. The procedure for the Contractor to file a protest is set forth in Std. Spec. 1-04.5. ii. The Resident Engineer, with recommendation from the Construction Manager and as reviewed and approved by the Project Manager, shall propose resolution of protests, disputes and claims. (Std. Spec.1-09.11). Final determination of the response to the Contractor shall be made by the Engineer. iii. The Documentation Specialist shall track all protests, disputes and claims on a City form serial letter tracking spreadsheet. ddd. Notices i. The method for serving and receiving notices is set forth in Std. Spec. 1.05.15. Notices from the Contractor shall be sent to the Project Manager. Notices to the Contractor shall be prepared by the Resident Engineer and issued by the Project Manager. eee. City Public Works Department Notification i. The Construction Observer shall be responsible for notifying City Public Works employees when the following work is requested (3.ii.): ii. Water 1. Pressure Testing 2. Disinfection 3. Purity Testing iii. Sewer 1. Video 2. Pressure Testing 3. Manhole inspection iv. Surface Water 1. Video 2. Pressure testing 3. Manhole/catch Basin inspection v. Streets vi. Curb/gutter inspection 1. Sidewalk inspection 2. Pavement inspection fff. Public Outreach i. Create and maintain project web page. ii. Respond to all phone calls and emails. iii. Maintain a record of all contacts with a separate file for any commitments made. iv. Deliver all contacts made with a name, contact information, and a description of the substance of the contact. v. Presence and delivery of a report at all construction meetings AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 23 4. CONTROLLING ORDER OF CONTRACT DOCUMENTS (Std. Spec. 1-04.2) a. Addenda b. Proposal Form c. Special Provisions d. Contract Plans e. Amendments to the Standard Specifications f. Standard Specifications g. City of Renton Standard Plans h. Geotechnical Studies 5. CM CONSTRUCTION OFFICE a. The construction office shall be provided by agreement between the contractor, the consultant, and/or the City. b. Construction office equipment shall be provided by agreement. In the event there is a delay in power, cable, or phone connections or equipment deficiency of any kind, it shall be the responsibility of the consultant to temporarily provide such connections and/or equipment necessary to perform the duties of the consultant. The City will compensate the consultant for such temporary provision of connections and/or equipment required to be provided by others. c. Weekly Construction Meetings will be held in the consultant’s construction office. d. Scope of Work. This Scope of Work shall be kept and mounted on a wall in the construction office at all times. e. Plans and Specifications. A full-size set of Project Plans together with all other Contract Documents shall be kept and available in the construction office at all times. f. Change Tracking. The Construction Observer shall track and record all changes on separate full-size set of plans kept in the construction office. Changes shall be recorded in red the day of or following the change. g. Permits. Copies of all project permits shall be kept and mounted on a wall in the Consultant’s construction office at all times. h. Progress Schedule. A current Progress Schedule of the entire project shall be kept and mounted on a wall in the construction office at all times. The Resident Engineer shall track the construction progress with a yellow highlighter. The construction progress tracking shall be based on the Pay Notes and be entered as soon as available. i. Posting Notices (Std. Spec. 1-07.9(2)) i. The Resident Engineer shall ensure that the Contractor posts the required notices listed in the referenced standard specification and the additional documents listed in (Constr. Man. 1- 07.(2). ii. The location of the postings must be as set forth in the Standard Specifications at the job site or if the project is small and the Contractor has no on-site construction office, then alternatively, the Contractor my post the notices at the corporate office and supply each and every employee working on the project with copies of all the required notices. AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 24 Table of Contents 1. GENERAL .................................................................................................................................................................. 1 a. Construction Management. ................................................................................................................................ 1 b. Consultant’s Responsibilities ...............................................................................................................................2 c. City’s Responsibilities ...........................................................................................................................................2 d. Others’ Responsibilities ........................................................................................................................................2 e. Directing the Contractor ......................................................................................................................................2 f. Duty of the Consultant. .........................................................................................................................................2 g. Deliverables. .........................................................................................................................................................2 2. RESPONSIBILITIES .................................................................................................................................................. 3 a. Construction Manager ........................................................................................................................................ 3 b. Resident Engineer ................................................................................................................................................ 3 c. Construction Observer (Inspector) ..................................................................................................................... 4 d. Documentation Specialist ................................................................................................................................... 5 e. Public Outreach Subconsultant .......................................................................................................................... 5 f. Testing Laboratory ............................................................................................................................................... 5 g. Project Manager.................................................................................................................................................. 5 h. Engineer ............................................................................................................................................................... 6 i. Engineer of Record ............................................................................................................................................... 6 j. Permit and Environmental Compliance Manager ................................................................................................ 7 k. City Public Works Department ............................................................................................................................. 7 3. TASKS ....................................................................................................................................................................... 7 a. Advertisement ...................................................................................................................................................... 7 b. Contract Addenda ............................................................................................................................................... 7 c. Bidder Questions .................................................................................................................................................. 7 d. Bid Deadline ......................................................................................................................................................... 7 e. Bid Opening .......................................................................................................................................................... 7 f. Conformed Contract Documents ......................................................................................................................... 7 g. ROM .................................................................................................................................................................... 8 h. Non-materials Submittal List .............................................................................................................................. 8 i. Bid Analysis ........................................................................................................................................................... 8 j. Determination of Bid Responsiveness and Bidder Responsibility ........................................................................ 8 k. Pre-award Meeting .............................................................................................................................................. 8 l. Preparation of contract documents for execution ............................................................................................... 9 m. Award ................................................................................................................................................................. 9 n. Execution ............................................................................................................................................................. 9 o. Record Keeping ................................................................................................................................................... 9 p. Non-materials Submittal Schedule .................................................................................................................... 10 q. Materials ............................................................................................................................................................. 10 AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 25 r. Buy America ......................................................................................................................................................... 11 s. Subcontractors .................................................................................................................................................... 11 t. UDBE Subcontractors .......................................................................................................................................... 11 u. Progress Schedule .............................................................................................................................................. 12 v. Preconstruction Meeting .................................................................................................................................... 12 w. Labor .................................................................................................................................................................. 13 x. Project Labor List ................................................................................................................................................ 13 y. Contractor’s Equipment Rate List ...................................................................................................................... 13 z. Construction Observer and Documentation Specialist Oversight .................................................................... 14 aa. Notice to Proceed ............................................................................................................................................. 14 bb. Mobilization (Std. Spec.1-09.7) ....................................................................................................................... 14 cc. Weekly Construction Meetings ........................................................................................................................ 14 dd. Safety (Std. Spec. 1-07.1) ................................................................................................................................. 16 ee. Meeting Minutes ............................................................................................................................................... 16 ff. Weekly Statements of Working Days ................................................................................................................ 16 gg. Contractor’s Weekly Look-Ahead Schedule ................................................................................................... 16 hh. Conformity With and Deviations From Plans and Stakes ............................................................................... 16 ii. Testing ................................................................................................................................................................ 17 jj. Permanent Monuments ...................................................................................................................................... 17 kk. Correction Notices ............................................................................................................................................ 17 ll. Environmental ..................................................................................................................................................... 18 mm. Work Suspension ........................................................................................................................................... 18 nn. Photographs ..................................................................................................................................................... 18 oo. Diary ................................................................................................................................................................. 19 pp. Field Notebooks ............................................................................................................................................... 19 qq. IDRs .................................................................................................................................................................. 19 rr. Pay Notes (Field Notes) ..................................................................................................................................... 19 ss. As-Built Plans .................................................................................................................................................... 19 tt. Requests for Information (RFIs) ......................................................................................................................... 19 uu. Training ........................................................................................................................................................... 20 vv. Serial Letters ..................................................................................................................................................... 20 ww. Progress Payment Forms ............................................................................................................................... 20 xx. Force Account .................................................................................................................................................. 20 yy. Progress Payments ........................................................................................................................................... 20 zz. Materials on Hand ............................................................................................................................................ 21 aaa. Field Directives ............................................................................................................................................... 21 bbb. Change Orders .............................................................................................................................................. 21 ccc. Protests ........................................................................................................................................................... 22 ddd. Notices .......................................................................................................................................................... 22 AGENDA ITEM #6. e) HOUSER WAY INTERSECTION AND PEDESTRIAN IMPROVEMENTS Agreement with Perteet Inc. February 2021 26 eee. City Public Works Department Notification ................................................................................................. 22 fff. Public Outreach ............................................................................................................................................... 22 4. CONTROLLING ORDER OF CONTRACT DOCUMENTS ............................................................................... 23 a. Addenda ............................................................................................................................................................ 23 b. Proposal Form ................................................................................................................................................... 23 c. Special Provisions .............................................................................................................................................. 23 d. Contract Plans ................................................................................................................................................... 23 e. Amendments to the Standard Specifications ................................................................................................... 23 f. Standard Specifications ..................................................................................................................................... 23 g. City of Renton Standard Plans.......................................................................................................................... 23 h. Geotechnical Studies ........................................................................................................................................ 23 5. CM CONSTRUCTION OFFICE ........................................................................................................................... 23 a. Construction Office ........................................................................................................................................... 23 b. Construction Office Equipment ........................................................................................................................ 23 c. Weekly Construction Meetings ......................................................................................................................... 23 d. Scope of Work ................................................................................................................................................... 23 e. Plans and Specifications .................................................................................................................................... 23 f. Change Tracking ............................................................................................................................................... 23 g. Permits ............................................................................................................................................................... 23 h. Progress Schedule ............................................................................................................................................. 23 i. Posting Notices ................................................................................................................................................... 23 AGENDA ITEM #6. e) Houser Way Intersection and Pedestrian Improvements – Community Outreach Last updated: December 8, 2020 ASSUMPTIONS: • This task order includes support for construction outreach services related to the rebuilding of the Houser Way intersections with Wells Ave S and Williams Ave S. It is additive to and separate from EnviroIssues’s scope of work for the Wells Ave S and Williams Ave S Conversion Project. • The duration of this task order is assumed to be approximately three (3) months, to be completed by April 1, 2021. • The Houser Way work will require separate weekly construction and outreach meetings from the Wells-Williams project. • Assumes City of Renton is responsible for media strategy, including serving as media spokesperson. • Outreach will follow the latest COVID-19 health and safety guidelines. Some outreach materials and activities may be adapted to virtual formats as directed by the City of Renton. • Translation needs in the project area include Spanish, Vietnamese, and Traditional Chinese. The project will use the City’s Language Line account for phone-based interpretation when needed. • The City of Renton will pay for meeting venues directly. TASKS AND DELIVERABLES This scope includes additional effort under the following major tasks: • Task 1: Project Management and Team/Contractor Coordination • Task 2: Outreach Materials • Task 3: Meetings, Briefings and Events • Task 4: Communications and Outreach Tracking and Documentation Task 1: Project Management and Team/Contractor Coordination Task includes all administrative and management activities, including maintaining the Subconsultant scope of work, schedule, budget, and deliverables; managing risk, change and quality; and communicating with the City of Renton. Activities include: • Weekly construction meetings: Up to fourteen (14) construction meetings with the contractor, City of Renton and key construction management personnel. Assumes all meetings are completed via remote online participation. • Public outreach planning meetings: Up to fourteen (14) coordination meetings with City of Renton and key construction management and/or contractor personnel. Meetings occur approximately weekly and will be completed via remote online participation. • Outreach coordination meetings: Up to four (4) additional coordination meetings with the City of Renton and key construction management and/or contractor personnel from the Wells Ave S and Williams Ave S Project and the Downtown Utility Improvement Project, as needed. • Monthly progress reports: Monthly reports that include accomplishments in previous period, activities next period, changes in scope/schedule/budget, issues, and action items. Monthly invoice shall be separated at the task level. AGENDA ITEM #6. e) • Management and oversight of all work products including adherence to scope, schedule, budget, and quality. Task 2: Outreach Materials Task includes all public-facing outreach materials, including online, print, and creative outreach materials. EnviroIssues will integrate the City of Renton’s style branding and inclusive outreach principles into materials development (e.g., multilingual materials, Braille materials). Activities include: • Intersection closure engagement plan: Will create a combined plan to define engagement and communications goals, key messages, and strategies specific to these two intersections. • Project mailing: Design and develop a Houser Way intersection mailing (1) to share construction plans and phasing and information about how to engage with the project. Postage, printing, and mail house costs will be covered directly by the City of Renton. • Project emails: o Targeted invitation to briefing email and 2 follow-ups o Incorporate Houser Way details into up to twelve (12) project email updates. Support includes GovDelivery layout assistance to the City. • Project website updates: Provide updated content for up to twelve (12) updates of the project page, such as news, photos, documents and graphics. Most updates will be minor and accompany the email updates. Web content will be submitted to City for review, approval and posting. o Website support will also include coordination of content and updates for a central downtown construction hub website for easy public access to current information. • Construction flyers: Up to four (4) construction alert flyers notifying businesses and/or residents of construction plans and impacts. • Public information poster: Create new poster (1) with language translations notifying downtown community of the Houser Way work. • PowerPoint presentations: Prepare PowerPoint slide template based on proposed Houser Way intersection maps and details. Also includes preparation of briefing notes tracker. • Flexible graphics development time for up to 8 hours, for products such as corridor construction signage, business outreach support graphics, detailed intersection base maps or phasing diagrams and infographics. • Translations: To the extent possible, outreach materials will include content that is translated and relevant to historically underrepresented communities. All outreach materials will at least include information on how to access translations. Key outreach materials will be fully translated. EnviroIssues will coordinate translation and cover costs through direct expenses. Task 3: Meetings, Briefings and Events Task includes all meetings, briefings and events related to the Houser Way intersection work. Activities include: • Offer targeted briefings with the adjacent businesses to review traffic control plans in detail, including: AGENDA ITEM #6. e) o Sending invitations, making up to forty (40) calls to follow up, and scheduling tracking and logistics support o Providing briefing support for up to twenty (20) virtual briefings; EnviroIssues staff will participate in up to six (6) briefings • Conduct two rounds of targeted notifications for intersection closures, including: o Coordinate flyer distribution to detour area (business and residential) with maps and details (in-person, mailed and/or electronic) o Complete targeted follow-up emails/calls to businesses on the impacted streets (up to 15 per intersection) o Draft social media posts with downtown travel details o Review and support pedestrian wayfinding and signage preceding closures • Amplify Houser Way intersection work to the broader community, including: o Draft up to two (2) community blog posts regarding the Houser Way work details and purposes. o Coordinate notifications, such as social media, email, social media and/or display ads. o Support up to four (4) community organization briefings. • Support business construction activities as needed (up to 16 additional hours) for activities such as: o Coordinating content for CED, Chamber of Commerce, and Renton Downtown Partnership’s email and website updates o Including business names, Businesses are Open graphics on detailed project maps / flyers o Supporting wayfinding/business open signage (e.g., designated pick-up locations, display ads, etc.) o Providing customized access maps for businesses, social service providers, faith centers and standard detour language to post on websites and social media o Creating digital retargeting ads for people who’ve traveled downtown • Support construction outreach to other community stakeholders (up to 8 hours) for activities such as: o Use of interpreter or language line for in-language conversations o Coordination regarding King County Metro service impacts, including possible flyers or calls o Preparing customized access map, wayfinding signage or draft emails for the Farmers Market o Updating project signage and flyers in key community locations, including translations • Interpreters: Up to 6 hours of interpreters to support project events, calls, briefings, and outreach efforts. Task 4: Communications and Outreach Tracking and Documentation Activities include: • Maintain a log of all public contact regarding the Houser Way work, noting comments received and responses provided. The log will also track commitments made to stakeholders by the City. Assume up to eighty (80) additional communications. AGENDA ITEM #6. e) • Staff construction hotline staffed daily during business hours. Assumes twelve (12) calls related to Houser Way. • Include Houser Way details in the internal Frequently Asked Questions (FAQ) list and key messages; budget assumes monthly updates for up to three (3) months during main Houser Way work. AGENDA ITEM #6. e) APPENDIX 1 Approximate work areas / list of impacted business (for discussion purposes) Williams Ave S • NW o Uncle Mo’s Bar & Grill o Lake Washington Windows & Doors o Renton Licensing Inc. o Churches of Loves • NE o USPS • SW o Tonkin Park • SE o Swann’s? Maybe closed AGENDA ITEM #6. e) Williams Ave S • NW o DHB Devotion, Health & Beauty o USPS • NE o CW Design o Marianna Ristorante o Pro Cuts by Sophia o Allstate • SW o Melrose Grill (Mayor owns) o Interstate Hood Company LLC • SE o Janome / Berina of Renton / Sewing Machine Service o Ocha Thai Kitchen and Bar o Spencer Court Retirement Community AGENDA ITEM #6. e) February 17, 2021 Perteet, Inc. 38579 SE River Street Suite 1 Snoqualmie, WA 98065 Attention: Mr. Rahmi Kutsal Email: rahmi.kutsal@perteet.com Subject: Proposal to Provide Construction Materials Testing Services Houser Way Intersection & Pedestrian Improvements Materials Testing Services Contract No. CAG-17-149 Renton, Washington Mayes Testing Engineers Proposal No. 2021 -082T Dear Mr. Kutsal: In accordance with your request, Mayes Testing Engineers, Inc., A Terracon Company is pleased to present our proposal to provide the construction materials testing for the Houser Way Intersection & Pedestrian Improvements project located in Renton, Washington. A. PROJECT INFORMATION We understand the work includes improvements to two downtown intersections including removal of the existing asphalt pavement and replacement with raised asphalt, new curb, gutter and sidewalk and associated underground utilities. B. SCOPE OF SERVICES In preparation of this proposal, we have reviewed the provided project plans and specifications and understand that our services will consist primarily of providing construction materials testing services for the following: • Field and laboratory testing of the hot mix asphalt, • Field and laboratory testing of the Portland cement concrete, • Field and laboratory testing of soil/aggregates Our scope of services may include: Material Testing Scope • Compaction testing of the asphalt pavement: Provide compaction testing to verify compliance with specifications utilizing a nuclear densometer gauge. (A one-time correlation of the nuclear density gauge with asphalt core samples may be required for each mix design). • Asphalt laboratory testing: Theoretical maximum specific gravity (RICE), extraction/gradation, and moisture content of HMA. Seattle Office 20225 Cedar Valley Road Suite 110 Lynnwood, WA 98036 ph 425.742.9360 fax 425.745.1737 Tacoma Office 10029 S. Tacoma Way Suite E-2 Tacoma, WA 98499 ph 253.584.3720 fax 253.584.3707 Portland Office 700 NE 55th Avenue Portland, OR 97213 ph 503.281.7515 fax 503.281.7579 AGENDA ITEM #6. e) Proposal to Provide Construction Materials Testing Houser Way Intersection & Pedestrian Project ■ Renton, WA February 17, 2021 ■ Mayes Testing Engineers, Inc Proposal No. 2021-082T Responsive ■ Resourceful ■ Reliable 2 • Aggregates/Borrow Soils: Field density testing, gradations, sand equivalent, fractured face, and Proctors. • Concrete testing: Conduct field testing of plastic concrete to include sampling, temperature, slump, air content, and casting samples for determination of compressive strength. Assuming random sampling, as directed by client. Our field personnel will provide verbal results to the project engineer after completion of each field test and will submit a written Daily Inspection Report prior to leaving the site. Mayes Testing Engineers, Inc., A Terracon Company has developed a proprietary software program called the Construction Materials Engineering and Laboratory Management System (CMELMS). This program allows us to achieve better communication, consistency, and faster turnaround of reporting on the project. Data, observations, and other information are easily entered into the system and reports are generated. The program automatically tracks all reports and provides immediate availability of test results resulting in a rapid delivery of test reports and information to the client and the entire design team. Additionally, the statistical performance of all concrete mixes being utilized on a project can also be monitored. The CMELMS software can produce electronic or paper copies of reports for distribution. Reports can be distributed via traditional mail, electronic mail, and/or Internet web pages can be established. Our typical turnaround time is two business days from when the inspection occurred. This is far faster than the once a week mailing that is the industry standard. This once again proves our understanding of the fast paced world we live in, and our commitment to keeping the pace. In addition to quickly and accurately reporting test results, the program will also track our project budget on a daily basis and produce real-time budget reports and invoices for services provided. Services for this project will be provided based out of our Tacoma, Washington office. Our level of involvement is expected to vary from full-time to part-time depending upon the actual schedule and sequencing of construction activities. We would request that services be scheduled 48 hours in advance of the time our personnel are needed at the project site by contacting our office at 253-584-3720. We are prepared to commit the resources, staffing and expertise necessary for a quality oriented inspection and testing program. C. COMPENSATION We propose to provide our services on a time and materials basis in accordance with a mutually agreeable contract. Based upon our understanding of the project Mayes estimates the cost of our services to be approximately $14,942.00. Mayes Testing Engineers fee estimate does not include fee associated with retesting, stand-by time, cancelled services or services request outside of the aforementioned scope of services. Many factors, including those beyond our control such as weather or the contractor’s schedule will dictate Mayes Testing Engineers final fee for services. AGENDA ITEM #6. e) Proposal to Provide Construction Materials Testing Houser Way Intersection & Pedestrian Project ■ Renton, WA February 17, 2021 ■ Mayes Testing Engineers, Inc Proposal No. 2021-082T Responsive ■ Resourceful ■ Reliable 3 D. AUTHORIZATION We appreciate your consideration and look forward to working with you on this project. It is our understanding that we will work under a mutually negotiated consultant agreement between Perteet and Mayes Testing Engineers, Inc., A Terracon Company. If you have questions or wish to discuss any aspect of our proposal, please call at your convenience. Sincerely, MAYES TESTING ENGINEERS, INC. Paul D. Davis, P.E. Rebecca Moon Office Manager Client Services Attachments.: Exhibit C – Cost Estimate Labor Estimate 2020 Fee Schedule AGENDA ITEM #6. e) LABORATORY SERVICES Concrete Testing Concrete Absorption, Unit Weight and Moisture Content Test 45.00 each Concrete, Augercast Grout or Nonshrink Compressive Strength Cylinder Test (includes curing, breaking and report)33.00 each Concrete Compressive High Strength Cylinder Test (over 10,000 psi)35.00 each Concrete Core Compressive Strength Test (includes trimming and testing)45.00 each Concrete Flexural Strength Beam Test 55.00 each Concrete Shrinkage Test (ASTM C157 - set of 3)320.00 each Length of Concrete Core Test (ASTM C174)30.00 each Modulus of Elasticity Test 110.00 each Shotcrete Panel Test (includes 4 cores)200.00 each Unit Weight Test (Air Dry) 50.00 each Unit Weight Test (Oven Dry) 60.00 each Voids and Density of Hardened Concrete Test (ASTM C642)110.00 each Masonry Testing Brick Absorption Test (24 hour soak)45.00 each Brick Absorption Test (5 hour boil)75.00 each Brick or Masonry Efflorescence Test (set of 5)85.00 each Brick or Concrete Paver Compression Test 12" 45.00 each Brick or Concrete Paver Compression Test 24" 70.00 each Masonry Absorption, Unit Wt. And Moisture Content Test 50.00 each Masonry Unit Compression Test 65.00 each Masonry Drying Shrinkage Test (set of 3)320.00 each Masonry Grout or Mortar Compressive Stength Test 33.00 each Masonry Prism Test (grouted or ungrouted)150.00 each Retaining Wall Unit Absorption Test:to 6" - 45.00 each, to 12" - 70.00 each, over 12"90.00 each Retaining Wall Unit Compression Test 110.00 each Asphalt Testing Asphalt Core Density Test 50.00 each Asphalt Ignition & Gradation Test 300.00 each Asphalt Marshall Set Test (flow, stability, voids)440.00 each Asphalt Oil Content Test 100.00 each Asphalt Rice Density Test 150.00 each Asphalt Stripping Test 30.00 each Asphalt Superpave Set Test (VMA, VFA and VA)550.00 each LABORATORY SERVICES Soils and Aggregate Testing Atterberg Limits Tests 130.00 each Liquid Limit Only Test 80.00 each Plastic Limit Only Test 75.00 each California Bearing Ratio Test (CBR - with proctor)675.00 each Clay Lumps and Friable Particles Test 150.00 each Degradation Test 135.00 each Fine Aggregate Angularity Test 95.00 each Flat and Elongated Particles Test 90.00 each Fractured Face Count Test 90.00 each LA Abrasion Test 175.00 each Lightweight Pieces in Aggregate Test (coal and lignite)100.00 each Lightweight Pieces in Aggregate Test (chent)SPG 2.40 400.00 each Organic Impurities Test 45.00 each Organic Matter Analysis (loss on ignition by weight)60.00 each Sand Equivalent Test 100.00 each Sieve Analysis Test (includes wash over #200)250.00 each 2020 Fee Schedule - Lab Tests AGENDA ITEM #6. e) 2020 Fee Schedule - Lab Tests LABORATORY SERVICES Soils and Aggregate Testing Sodium Sulfate Soundness Test 275.00 each Soil Hydrometer Analysis Test (includes particles finer than #200)300.00 each Soil Moisture Content Test (natural)30.00 each Soil Moisture Density Relationship Test (proctor)250.00 each Soil pH Test 50.00 each Soil Relative Density Test 250.00 each Soil Specific Gravity Test 85.00 each Specific Gravities Coarse or Fine Aggregate Test 100.00 each Uncompacted Voids Test 75.00 each Unit Weight Test 45.00 each WSDOT T606 Test 550.00 each Miscellaneous Testing Fiber-Reinforced Polymer Tensile Test (set of 5)800.00 each Fireproofing Density Test 80.00 each Machining Tensile Test Macroetch Test 100.00 each Moisture Emission Test Kits 30.00 each Reinforcing Steel #9 - #18 Tensile Test 150.00 each Reinforcing Steel #3 - #8 Tensile Test 110.00 each Splitting Tensile Test 80.00 each Stressing Strand Tensile Test 200.00 each Tensile Test on Coupler Assembly #3 - #18 quoted on request Universal Test Machine & Operator 175.00 /hour Weld Fracture Test 80.00 each Left Blank Cost + 15% AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit B DBE Participation Plan In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE maximum practicable opportunities. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I.Surveying, Roadway Design & Plans Preparation Section A.Survey Data B.Roadway Design Files C.Computer Aided Drafting Files AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 D.Specify the Agency’s Right to Review Product with the Consultant E.Specify the Electronic Deliverables to Be Provided to the Agency F.Specify What Agency Furnished Services and Information Is to Be Provided AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 II.Any Other Electronic Files to Be Provided III.Methods to Electronically Exchange Data AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 A.Agency Software Suite B.Electronic Messaging System C.File Transfers Format AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit D Prime Consultant Cost Computations See attached Exhibit D AGENDA ITEM #6. e) City of RentonHouser Way Intersection and Ped. Imp. CMFee Worksheet80 Working Days + 2 Weeks for CloseoutConstruction ManagerConstruction SupervisorResident EngineerAssistance RE/Senior Construction ObserverConstruction Engineer IIConstruction Engineer IConstruction Technician IIIConstruction Technician IAccountantLaborHoursLaborDollarsTask \ Hourly Rate$294.50$228.38$142.50$164.67$102.92$96.58$126.67$107.67$129.83TotalTotalTask 1: Project Administration2201400000238$8,733.66General Project Management16-14 ----- - 30$6,707.00Billing and Progress Report6------- 2 8$2,026.66Task 2: Construction Administration33106112110801132480694$92,751.10Record of Materials (ROM)1-1---12 4 -18$2,387.72Project File/Records Keeping6-17 36 38-17 104 -218$27,379.65Submittals/Change Orders/Force Accounts610 9 36 38-28 56 -183$24,748.66Progress Payments6-17 28 14-28 28 -121$16,802.66Weekly Meetings/Interviews/Payrolls/Records Keeping14-17 21 18-28 56 -154$21,432.41Task 3: Construction Observation0034525564428280742$81,442.40On-Site Construction Observation/IDR/FNR/FA--17 35 514 44 28 28 -666$71,897.87Record Drawings Field Notes & Mark-Up--17 17 42--- -76$9,544.53Task 4: Project Close-Out50282844032300167$21,885.28As-Built & Record Drawings3-14 14 22--- -53$7,448.12Project Closeout Documentation2-14 14 22-32 30 -114$14,437.16Total Hours60101372017084417330621,641Total Dollars$17,670.00$2,283.80$19,522.50$33,098.67$72,867.36$4,249.52$21,913.91$32,947.02$259.66$204,812.44 Enviroissues$23,713 Mayes$14,942 Totals:$38,655.00 $204,812.44 Mileage ($0.56/mile)$824.32 $38,655.00 Pavia Headlight System (2 units @ $300/Month) $2,400.00 $3,474.32 Courier, Reproduction, and Miscellaneous Expenses $250.00 $24,694.18 Totals:$3,474.32 $271,635.94 CONTRACT TOTALSUMMARYSubconsultantsExpenses:LaborSubconsultantsExpensesManagement ReserveExhibit "D"AGENDA ITEM #6. e) ConstructionManagerConstruction SupervisorResidentEngineerAssistant RE - Senior ConstructionObserverConstructionEngineer IIConstructionEngineer ISenior ConstructionTechnicianConstructionTechnician IIIAccountantDSC - Actual Pay rate$93.00$72.12$45.00$52.00$32.50$30.50$40.00$34.00$41.00ICR - 185.12%$172.16$133.51$83.30$96.26$60.16$56.46$74.05$62.94$75.90Fee - 31.55%$29.34$22.75$14.20$16.41$10.25$9.62$12.62$10.73$12.94Hourly Rate$294.50$228.38$142.50$164.67$102.92$96.58$126.67$107.67$129.83ProjectCoordinator Associate 1 Associate 2 Associate 3Graphic DesignerPrincipalDSC - Actual Pay rate$27.00$33.00$36.00$46.00$42.00$70.00ICR - 161.43%$43.59$53.27$58.11$74.26$67.80$113.00Fee - 30.65%$8.28$10.11$11.03$14.10$12.87$21.46Hourly Rate$78.86$96.39$105.15$134.36$122.67$204.46ProjectManagerProject EngineerLaboratoryManagerMaterials Technician IIMaterials Technician ILaboratory TechnicianProjectAdministratorDSC - Actual Pay rate$55.00$50.00$40.00$32.00$25.00$25.00$27.00ICR - 186.02%$102.31$93.01$74.41$59.53$46.51$46.51$50.23Fee - 30.65%$16.86$15.33$12.26$9.81$7.66$7.66$8.28Hourly Rate$174.17$158.34$126.67$101.33$79.17$79.17$85.50Houser Way Intersection and Pedestrian Improvements CM FeeHourly Rate CalculationsPERTEETMAYESENVIROISSUESAGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit E Sub-consultant Cost Computations The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI “Sub-Contracting” of this AGREEMENT. See attached Exhibit E - Enviroissues, Inc. and Mayes Testing AGENDA ITEM #6. e) StaffProject CoordinatorAssociate 1 Associate 2 Associate 3 Graphic DesignerPrincipalHourly Rate$78.86$96.39$105.15$134.36$122.67$204.46TOTAL HOURS51 58 56 36 10 3 214 TOTAL LABOR$4,022$5,591$5,888$4,837$1,227$613$22,178REIMBURSABLES$1,535TOTAL$23,713Total Hours 1141440033 Total Labor$79$1,349$1,472$537$0$0$3,438Total Hours 221212810064 Total Labor$1,735$1,157$1,262$1,075$1,227$0$6,455Total Hours 162422160381 Total Labor$1,262$2,313$2,313$2,150$0$613$8,652Total Hours 128880036 Total Labor$946$771$841$1,075$0$0$3,634Task 3 - Meetings, Briefings,and EventsTask 4 - Communiation/Hotline and Outreach Tracking & DocumentationHouser Way Intersection and Pedestrian Improvements CMEnviroIssues Public Outreach FeeTask 1 - Project Management; Team/Contractor CoordinationTask 2 - Outreach Planning & MaterialsExhibit "E"AGENDA ITEM #6. e) StaffProject Manager Project Engineer Laboratory ManagerMaterials Technician IIMaterials Technician ILaboratory TechnicianProject AdminHourly Rate$174.17$158.34$126.67$101.33$79.17$79.17$85.50TOTAL HOURS42 280 14 24 108 TOTAL LABOR$697$317$253$8,106$1,108$158$342$10,982Laboratory Testing$3,170Reimbursables$790TOTAL$14,942Total Hours 422822424 Total Labor$697$348$203$811$203$203$342$2,806Total Hours 0002440028 Total Labor$0$0$0$2,432$405$0$0$2,837Total Hours 0002440028 Total Labor$0$0$0$2,432$405$0$0$2,837Total Hours 0002440028 Total Labor$0$0$0$2,432$405$0$0$2,837Task 4 - Observation and Testing during Placement of HMAHouser Way Intersection and Pedestrian Improvements CMMayes Materials Testing FeeTask 1 - Construction Materials Sampling & Project ManagementTask 2 - Observation and Testing of Subgrade & Fill CompactionTask 3 - Observation and Testing of Placement of ConcreteExhibit "E"AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit F Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the “REGULATIONS”), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT’s obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT’s non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: •Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; •Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit G Certification Document Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of Exhibit G-2 Exhibit G-3 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Certificate of Current Cost or Pricing Data Exhibit G-4 N/A AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of ______________________________________________________________________________________ whose address is ______________________________________________________________________________________ and that neither the above firm nor I have a)Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b)Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c)Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the _________________________________________ and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date February 22, 2021 AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit G-1(b) Certification of ________________________________________ I hereby certify that I am the: Other of the _______________________________________, and ________________________________________ or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a)Employ or retain, or agree to employ to retain, any firm or person; o b)Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the ___________________________________________ and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Transportation Design Manager and Certification Authority AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility Matters - Primary Covered Transactions I.The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B.Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; an D.Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II.Where the prospective primary participant is unable to certify to any of the statements in this certification such prospective participant shall attach an explanation to this proposal. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date February 22, 2021 AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date February 22, 2021 AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit G-4 Certification of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer’s representative in support of ______________________________________* are accurate, complete, and current as of _________________**. This certification includes the cost or pricing data supporting any advance AGREEMENT’s and forward pricing rate AGREEMENT’s between the offer or and the Government that are part of the proposal. Firm: ___________________________________________________________________________ Signature Title Date of Execution __________________________________________________________***: *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $ _______________________ . The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ __________________________________. Such insurance coverage shall be evidenced by one of the following methods: •Certificate of Insurance •Self-insurance through an irrevocable Letter of Credit from a qualified financial institution Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ ___________________________. •Include all costs, fee increase, premiums. •This cost shall not be billed against an FHWA funded project. •For final contracts, include this exhibit ______________________________________________________________________ NOT USED AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency’s project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include all decisions and descriptions of work, photographs, records of labor, materials, and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design error(s), there are three possible scenarios: •It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. •It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant’s agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. •There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Step 5 Forward Documents to Local Programs For federally funded projects, all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. •If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. •If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency’s project manager. The consultant’s claim must outline the following: •Summation of hours by classification for each firm that is included in the claim •Any correspondence that directed the consultant to perform the additional work; •Timeframe of the additional work that was outside of the project scope; •Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and •Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency’s project manager. The project manager will review the consultant’s claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the Agency’s recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s) If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: •Copy of information supplied by the consultant regarding the claim; •Agency’s summation of hours by classification for each firm that should be included in the claim •Any correspondence that directed the consultant to perform the additional work; •Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associate with the additional work; •Explanation regarding those areas in which the Agency does/does not agree with the consultant’s claim(s); •Explanation to describe what has been instituted to preclude future consultant claim(s); and •Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit AGENDA ITEM #6. e) AB - 2809 City Council Regular Meeting - 08 Mar 2021 SUBJECT/TITLE: Interagency Agreement for 2021 and 2022 CPA #6203499 (CAG-21- 021) with King County for the Waste Reduction and Recycling Grant RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Linda Knight, Solid Waste Utility Coordinator EXT.: 7397 FISCAL IMPACT SUMMARY: This agreement provides $200,786 of grant funding into the 2021-2022 Solid Waste Utility budget (403.000000.018.537.60.41.012) for the implementation of waste reduction and recycling projects. This grant fully reimburses the city for all expenditures related to the approved scope of work. SUMMARY OF ACTION: The Solid Waste Utility is eligible to receive $200,786 of non -matching grant funding in 2021-2022 through the King County Solid Waste Division’s Waste Reduction and Recycling (WRR) Grant program. This program furthers the goal of Zero Waste of Resources established in the 2019 Comprehensive Solid Waste Management Plan (CSWMP). Projects aligned with the CWSMP and funded through this grant include: • Recycling Events: The purpose of the events is to offer recycling opportunities for materials not collected at the curbside or by other local and regional public and private recyclers. A minimum of four recycle events will be implemented during the two-year grant cycle. Materials considered for collection may include polystyrene foam, mattresses, tires, shredded paper, and large metal. • Multifamily Recycling: This project will continue to provide waste prevention and recycling technical assistance to multifamily property managers and residents to increase recycling and improve material quality. • Residential Recycling Anti-Contamination: A program will be developed and implemented in collaboration with Republic Services to reduce contamination of organics and recyclables collected in the city's curbside program. • Waste Prevention & Recycling Education, Outreach & Policy: This task will use a variety of strategies during the two-year grant cycle to promote public and city government waste prevention and recycling. Examples of past projects include the "I Prevent Waste" videos and social media campaign, city and Solid Waste newsletters, and buy recycled campaigns and policies. EXHIBITS: A. Agreement STAFF RECOMMENDATION: AGENDA ITEM #6. f) Authorize Mayor to execute the Interagency Agreement for 2021 and 2022 CPA #6203499 (CAG-21-021) with King County to accept $200,786 of non-matching grant funds to implement waste reduction and recycling programs. AGENDA ITEM #6. f) 1 CPA # 6203499 CAG-21-021 INTERAGENCY AGREEMENT FOR 2021 and 2022 Between KING COUNTY and the CITY OF RENTON This two-year Interagency Agreement “Agreement” is executed between King County, a Charter County and political subdivision of the State of Washington, and the City of Renton, a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. Collectively, the County and City will be referred to as “Party” or “Parties.” PREAMBLE King County and the City of Renton adopted the 2019 King County Comprehensive Solid Waste Management Plan (Comp Plan), which includes waste reduction and recycling goals. In order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the cities that operate under the Comp Plan . This program provides funding to further the development and/or enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs and services. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed in the Grant Guidelines, attached to this Agreement as Exhibit B and incorporated herein by reference. Grant funding for this program is subject to the budget approval process of the King County Council. Grant funding approved by the King County Council is available to all King County cities that operate under the Comp Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in the scope of work, which is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any information and/or experience gained through the grant program by the City will be shared with the County and other King County cities. I. PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. AGENDA ITEM #6. f) 2 II. RESPONSIBILITIES OF THE PARTIES The responsibilities of the Parties to this Agreement shall be as follows: A. The City 1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and/or services as outlined in Exhibit A. The total amount of funds available from this grant in 2021 and 2022 shall not exceed $200,786. 2. This Agreement provides for distribution of 2021 and 2022 grant funds to the City. However, grant funds are not available until January 1, 2021. 3. During this two-year grant program, the City will submit a minimum of two (2), but no more than eight (8), progress reports to the County in a form determined by the County. Reports must be signed by a City official. These reports will include: a. a description of each activity accomplished pertaining to the scope of work; and b. reimbursement requests with both a Budget Summary Report Form, which is attached hereto as Exhibit D and incorporated herein by reference, and an Expense Summary Form, which is attached hereto as Exhibit E and incorporated herein by reference, unless the City has a spreadsheet similar to the Expense Summary Form already in use, in which case the City is free to use that spreadsheet instead of the Expense Summary Form. The City will submit the form or similar spreadsheet and not submit backup documentation for grant expenses. If backup documentation is submitted, SWD will not retain it. The City shall maintain this documentation in its records. If the City chooses to submit up to the maximum of eight (8) progress reports and requests for reimbursement during the two-year grant program, they shall be due to the County on the last day of the month following the end of each quarter (April 30, July 31, October 31, January 31), except for the final progress report and request for reimbursement, which shall be due by March 17, 2023. If the City chooses to submit the minimum of two progress reports and requests for reimbursement during the two-year grant program, they shall be due to the County by March 18, 2022 and March 17, 2023. Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 5th working day of January 2022 and January 2023, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. AGENDA ITEM #6. f) 3 4. If the City accepts funding through this grant program for the provision of waste reduction and recycling programs and projects for other incorporated areas of King County, the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 5. The City shall be responsible for following all applicable Federal, state, and local laws, ordinances, rules, and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City’s bid, award, or contracting process. 6. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. 7. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state, and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 8. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 9. The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40.14. These accounts shall be subject to inspection, review, or audit by the County and/or by federal or state officials as so authorized by law. 10. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2025. AGENDA ITEM #6. f) 4 11. The City agrees to credit King County on all printed materials provided by the County, which the City is duplicating, for distribution. Either King County’s name and logo must appear on King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: “artwork provided courtesy of King County Solid Waste Division” and/or “text provided courtesy of King County Solid Waste Division.” 12. The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for local waste reduction and recycling projects which have been funded through the waste reduction and recycling grant program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced, provided that the County credits the City for the materials. 13. The City will provide the King County Project Manager with the date and location of each Recycling Collection Event provided by the City, as well as copies of any printed materials used to publicize each event, as soon as they are available but no later than thirty (30) days prior to the event. If there is any change in the date or the location of an event, the City will notify the County a minimum of thirty (30) days prior to the event. If the event brochure is required for admission to the City’s event, the City is exempt from having to provide the brochure to King County. 14. If the City accepts funding through this grant program for the provision of recycling collection events for adjacent areas of unincorporated King County, the City shall send announcements of the events to all residences listed in the agreed upon areas listed in Exhibit A. The announcements and all other printed materials related to these events shall acknowledge King County as the funding source. 15. This project shall be administered by Linda Knight, Solid Waste Coordinator, or designee. B. The County: 1. The County shall administer funding for the waste reduction and recycling grant program. Funding is designated by the city and is subject to the King County Council’s budget approval process. Provided that the funds are allocated through the King County Council’s budget approval process, grant funding to the City will include a base allocation of $10,000 per year with the balance of funds to be allocated according to the City's percentage of King County's residential and employment population. However, if this population based allocation formula calculation would result in a city receiving less than $10,000 per year, that city shall receive an additional allocation that would raise their total grant funding to $10,000 per year. 2. The City of Renton’s budgeted grant funds for 2021-22 are $ 200,786. This includes $24,217 per year for providing Recycling Collection Events to residents of the agreed upon areas of unincorporated King County as listed in Exhibit A. AGENDA ITEM #6. f) 5 3. Within forty-five (45) days of receiving a request for reimbursement from the City, the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City’s report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit A. 4. The County agrees to credit the City on all printed materials provided by the City to the County, which the County duplicates, for distribution. Either the City’s name and logo will appear on such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit the City for artwork or text provided by the City as follows: “artwork provided courtesy of the City of Renton” and/or “text provided courtesy of the City of Renton.” 5. The County retains the right to share the written material(s) produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 6. The waste reduction and recycling grant program shall be administered by Lucy Auster, Project Manager, King County Solid Waste Division, or designee. III. DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2021 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2021, and shall terminate on June 30, 2023. The City shall not incur any new charges after December 31, 2022. However, if execution by either Party does not occur until after January 1, 2021, this Agreement allows for disbursement of grant funds to the City for County-approved programs initiated between January 1, 2021 and the later execution of the Agreement provided that the City complies with the reporting requirements of Section II.A of the Agreement. AGENDA ITEM #6. f) 6 IV. TERMINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. B. This Agreement may be terminated by either Party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section II.A.4. C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either Party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other Party. V. AMENDMENTS This Agreement may be amended only by written agreement of both Parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope of work, attached as Exhibit A, only upon written request by the City and written approval by King County. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope. VI. HOLD HARMLESS AND INDEMNIFICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against the County arising out of or incident to the City’s execution of, performance of, or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. AGENDA ITEM #6. f) 7 VII. INSURANCE A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property damage. If the policy has an aggregate limit, a $2,000,000 aggregate shall apply. Any deductible or self-insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured endorsement is attached to this Agreement as Exhibit C, unless Section VII.B. applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a written acknowledgement of self-insurance is attached to this Agreement as Exhibit C. C. If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of the Washington Cities Insurance Authority (WCIA), a written acknowledgement/certification of current membership is attached to this Agreement as Exhibit C. VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. IX. TIME IS OF THE ESSENCE The County and City recognize that time is of the essence in the performance of this Agreement. X. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. AGENDA ITEM #6. f) 8 XI. NOTICE Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below: Lucy Auster, Project Manager, or a provided designee King County Solid Waste Division Department of Natural Resources and Parks Lucy.auster@kingcounty.gov If to the City: Linda Knight, Solid Waste Coordinator, or a provided designee City of Renton 1055 South Grady Way Renton, WA 98057 IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below: City of Renton King County ______________________________________ BY___________________________________ Armondo Pavone, Mayor Pat D. McLaughlin, Director Solid Waste Division For Dow Constantine, King County Executive ______________________________________ _____________________________________ Date Date City of Renton ATTEST: ______________________________________ Jason A. Seth, MMC, City Clerk ______________________________________ Date City of Renton Approved as to Legal Form: ______________________________________ Shane Moloney, City Attorney ______________________________________ Date AGENDA ITEM #6. f) EXHIBIT A KING COUNTY SOLID WASTE 2021 -2022 WRR GRANT - CITY OF RENTON SCOPE OF WORK APPLICANT City of Renton Solid Waste Utility 1055 South Grady Way Renton, WA 98056 PROGRAM King County Solid Waste - WRR PROJECT MANAGERS Linda Knight Solid Waste Coordinator Lknight@rentonwa.gov Jina Kim Senior Program Specialist JKim@rentonwa.gov Julie Pursell Senior Program Specialist JPursell@rentonwa.gov FUNDING REQUESTED Total $200,786 AGENDA ITEM #6. f) 2021-2022 King County WRR Grant Page 2 Exhibit A 2021-22 WRR SOW CPA 6203499 TASK 1 Recycling Collection Events & Vouchers SCHEDULE January 2021 – December 2022 GOAL To increase residential recycle opportunities of materials not collected curbside To divert recyclable materials from the landfill DESCRIPTION The City of Renton has provided recycling collection events for materials not collected at the curb since the early 1990s. Most of the materials collected originally did not have convenient or cost-effective recycling opportunities for community members. Over the past three decades, opportunities for recycling many items previously collected at these large events have increased both within the city limits and the region. The city views this task, as a transition to a more sustainable strategy for promoting recycling materials not collected at the curb. Our goal is to move beyond event recycling which limits customer access to recycling and is not cost-effective. Additionally, through Task 4. General WPR Education, Outreach & Policy, staff hope to increase customer knowledge of local opportunities to recycle materials year-round that were historically collected at these events. For this reason, Renton is shifting its strategy for providing collection events to offering event recycling for materials that have limited local access and/or that have proven problematic in the curbside collection program. Events will be available to all residential households from the greater Renton community including, but not limited to unincorporated areas such as Skyway, May Valley, and East Renton Plateau. The City will offer one or two materials at each event. A minimum of four events will be offered during the grant cycle. For some materials, where there is local recycling access, and/or cost may be a factor, the city may also consider offering vouchers to customers on a first-come, first-serve basis to connect customers to local recyclers. Materials currently considered for event recycling include: • Shredded Paper • Styrofoam • Mattresses • Large Metals • Tires EVALUATION • number of participants, • the number and/or volume of material collected AGENDA ITEM #6. f) 2021-2022 King County WRR Grant Page 3 Exhibit A 2021-22 WRR SOW CPA 6203499 TASK 2 Multifamily Recycling SCHEDULE January 2021 – December 2022 GOAL To increase multifamily recycling diversion rate and decrease contaminants DESCRIPTION In 2019 and 2020 the City provided recycling outreach and technical assistance to multifamily property managers and residents that followed best management practices established in the region. On-site signage for both external and internal community collection locations, container labels, and residential guidelines were developed and printed. A holiday tree recycling program was established and piloted in 2019. A customer database was improved and expanded to track outreach, improvements on site, and to serve as a tool to engage with and develop regular communication with property managers. The City will provide technical assistance to multifamily properties that focus on strategies to improve waste prevention and recycling performance. Strategies will be consistent with community-based social marketing and may include but not limited to: • Infrastructure improvements, such as right-sizing containers and collection schedules, accessible containers, color-coded waste containers, etc. • Collaboration and coordination with the City’s contracted hauler • Site visits and engagement with property owners, managers, and/or residents • Distribution of education materials • Placement of instructional signage and other recycling messages • Development of targeted communications using a variety of media • Incentives such as recycling tote bags or other tools to encourage recycling • Customer surveys Progress will be tracked in the database to identify any gaps in service, the need for additional education, or other issues that arise. The information gained may result in shifts in how outreach and technical assistance are conducted. EVALUATION • Number of engagements/technical service • Customer satisfaction • Volume of recyclables collected • % recyclables diverted from the waste stream AGENDA ITEM #6. f) 2021-2022 King County WRR Grant Page 4 Exhibit A 2021-22 WRR SOW CPA 6203499 TASK 3 Residential Recycle & Compost Anti-Contamination SCHEDULE March 2021 – December 2022 GOALS To improve the overall quality of recyclable materials collected and delivered to regional material recovery facilities. To reduce the number and amount of contaminants collected in the residential recycle and compost programs. DESCRIPTION With the introduction of single-stream recycling in 2009, as well as the expansion of the types of material accepted in its residential recycling program the City of Renton has experienced increased levels of contamination in both its recycle and compost collection programs. The introduction of new policies by China that set strict limits on contaminants for recyclable materials entering their country has placed additional strain on our region’s efforts to process and market the materials collected. While Renton has followed regional guidelines to eliminate certain materials from their curbside and multifamily programs, such as plastic bags, and shredded paper, it is clear that additional efforts are needed to reduce contaminants, and improve the overall quality of recyclables entering the collection and processing system. This project will develop and begin the implementation of a comprehensive recycle and compost collection quality assurance and monitoring program. Elements of the program may include, but not be limited to some or all of the following: • Develop a methodology to measure contaminants collected in each the recycle and compost collection programs • Establish baseline contamination rates to measure program impacts • Develop pre- and/or on- route cart/container tagging system that both recognizes preferred recycling behaviors, and that identifies problem recycling behaviors • Develop data collection and reporting system • Produce customer education and outreach materials to support program • Develop, conduct and analyze customer surveys EVALUATION The evaluation plan for this program will be submitted to King County before the implementation of the program. AGENDA ITEM #6. f) 2021-2022 King County WRR Grant Page 5 Exhibit A 2021-22 WRR SOW CPA 6203499 TASK 4 General WPR Education, Outreach & Policy SCHEDULE January 2021-December 2022 GOAL Increase awareness and practice of waste prevention and recycling DESCRIPTION Using a variety of strategies including policy development, education & outreach, and creative events, increase resident, business, and City staff knowledge and practice of waste prevention in the community. Areas of interest may include but are not limited to: • In House Recycling • Sustainable Product Procurement • Promotion of local recycling businesses and materials they accept • General WPR education using print and digital media • Food waste reduction EVALUATION Using low-cost survey tools staff will evaluate customer knowledge and/or practice of strategies promoted for topic areas explored. Evaluation of this task may also include the type and number of approaches used throughout the grant-reporting period. AGENDA ITEM #6. f) 1 Exhibit B 2021-2022 WRR Grant Guidelines - Revised Program Eligibility: The King County Solid Waste Division (SWD) SWD has updated the WRR Recycling Case Studies document (Attachment 3) and created a WRR Case Studies Summary (Attachment 4), which include many creative and innovative project ideas for WRR Grant proposals/scopes of work. These case studies offer ideas for influencing waste prevention and recycling consistent with Title 10 of King County Code, the King County Strategic Climate Action Plan, and the King County 2019 Comprehensive Solid Waste Management Plan, all of which have policies to achieve Zero Waste of Resources by 2030. SWD strongly encourages consideration of these projects in the development of grant proposals and encourages Cities to leverage WRR grant funds with multi-City projects. Grant funds may be used for a variety of WRR related programs consistent with the Comp Plan. Cities are encouraged to work together to leverage funds and have a greater influence on waste prevention and recycling. Cities may choose to use their funding on one program or a combination of programs. For WRR program ideas, please refer to the Case Studies, which includes the examples below. Examples of innovative projects: • City Development of Contracts for “Responsible Recycling.” • King County Solid Waste Division Market Development for Recycled Materials. • King County Climate Action Through Low Embodied Carbon Purchasing. • King County SWD: Multicultural Recycling Outreach - Recicla Mas! Es Fascilisimo. • Regional Code Development for C&D Diversion. • Purchase School Milk Dispensers and Reusable Cups to Replace Single-use Milk Cartons. • City of Auburn Commercial Food Waste Outreach. • City of Bellevue Recycling Unusual of Bulky Items. • City of Kirkland Organics Contamination Enforcement – Cart Tagging Please contact Lucy Auster at 206-477-5268 or lucy.auster@kingcounty.gov if you have questions about specific program eligibility and/or consistency with the Comp Plan. The following are not eligible for funding: • Collection of garbage, except for residual garbage related to the collection of recyclables. • Household Hazardous Waste (HHW) education programs. • Collection of any household hazardous waste items including, but not limited to: treated wood, paint, lead acid batteries, oil, gasoline, and antifreeze, fluorescent lights. Cities should pursue funding for HHW collection or education programs through the King County Hazardous Waste Management Program (Haz Waste) or the Washington State Department of Ecology Local Solid Waste Financial Assistance (LSWFA) Program. AGENDA ITEM #6. f) 2 Grant Administration Requests for Reimbursement: Cities may submit one request for reimbursement per year during the funding cycle, due no later than March 18, 2022 and March 17, 2023. Alternately, cities may submit requests for reimbursement as frequently as quarterly. A Budget Summary Report Form and an Expense Summary Report Form must be used when submitting requests for reimbursement and will be provided to Cities when the grant agreements are executed. Accrual Reporting: By the 5th working days of January 2022 and January 2023, Cities must notify SWD of the amount of their total expenditures for work that has been completed but for which a request for reimbursement has not yet been submitted, so that SWD can accrue the amounts. Progress Reports Progress reports describing program activities, accomplishments, and evaluation results must accompany each request for reimbursement. All progress reports must be signed by a City official. Signed reports may be scanned and emailed. Amendments Formal amendments to grant Interagency Agreements (IAAs) are unnecessary unless the City wishes to significantly change its scope of work and/or budget. In general, a significant change would be one in which the City wishes to add or delete a task from their scope of work. A minor change, such as moving dollars between tasks, would only require written notification, which may be submitted via e- mail. However, the City should contact SWD when considering changes to their scopes and budgets to determine if a formal amendment is needed. SWD has streamlined the amendment process to make it easier for Cities to make changes. A City wishing to amend it scope of work will send an email to Lucy Auster with a revised scope of work, including the following: • A brief description of any new tasks, the amount, and the start and end dates. • A brief description of additional work you will do in any existing task you wish to move funds into from another task, the amount, and start and end dates. • A brief description of work currently in your scope that you will not be doing, the amount that will either be going to a new task or moving to an existing task and if so which one, and a start date. Any work included in the new scope still needs to be consistent with the Comp Plan. Once the new scope of work is approved, SWD will follow up with a unilateral amendment to your agreement, which does not require City signature. AGENDA ITEM #6. f) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 12/31/2020 Seattle-Alliant Insurance Services,Inc. 1420 Fifth Ave 15th Floor Seattle WA 98101 Jamie Arnoldi 949-627-7000 Jamie.Arnoldi@alliant.com Safety National Casualty Corp.15105 RENTON0-01 City of Renton 1055 S Grady Way Renton WA 98057-3232 394927357 A X 2,000,000 X 500,000 2,000,000 4,000,000 X Per Member Y GL4058201 1/1/2021 1/1/2022 4,000,000 Self-Insured Ret 250,000 RE:King County WRR Grant –King County Agreement #6203499 (King County) King County Solid Waste Division is included as additional insured per policy provisions. King County Solid Waste Division Recycling and Environmental Services Section 201 S.Jackson St,Suite 701 Seattle WA 98104 AGENDA ITEM #6. f) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SNGL 022 1111 Safety National Casualty Corporation Page 1 of 2 DESIGNATED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM POLLUTION LIABILITY COVERAGE FORM SCHEDULE Name of Additional Insured Person(s) or Organization(s): Person(s) or Organization(s) as required by written contract. Any individually scheduled Designated Additional Insured shall not be construed to override nor negate this blanket Designated Additional Insured. Designated Project, Location, or Work of Covered Operations: As per written contract or agreement with the above described person(s) or organization(s). CHANGE SECTION II - WHO IS AN INSURED is amended to include: 4. The person(s) or organization(s) shown in the Schedule above with whom you have agreed in a written contract to provide insurance such as is afforded under this Coverage Form, is included as an Additional Insured subject to the below: a. Insurance for such Additional Insured(s) scheduled above shall be afforded only to the extent that such Additional Insured is liable for “bodily injury”, “property damage” or “personal and advertising injury” caused by your acts or omissions while actively engaged in the performance of your ongoing operations involving the project(s), locations(s), or work designated in the Schedule and as specified in the contract between you and the above scheduled Additional Insured(s). b. The insurance afforded under this Coverage Fo rm to such Additional Insured(s) applies only: (1) If the “occurrence” or offense takes place subsequent to the execution and effective date of such written contract: and, (2) While such written contract is in force, or until the end of the policy period, which ever occurs first . c. How Limits Apply to Additional Insured(s) The most we will pay on behalf of the Additional Insured(s) scheduled above is the lesser of: (1) The limits of insurance specified in the written contract or written agreement; or, (2) The Limits of Insurance provided by the Coverage Form. The amount we will pay on behalf of such Additional Insured(s) shall be a part of, and not in addition to, the Limits of Insurance shown in the Coverage Form Declarations and described in this section. Such amount will thus not increase the Limits of Insurance shown for the Coverage Form. AGENDA ITEM #6. f) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SNGL 022 1111 Safety National Casualty Corporation Page 2 of 2 d. Obligations at the Additional Insured’s Own Cost No Additional Insured will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. The Additional Insured(s) scheduled above shall be subject to all other conditio ns set forth in the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insured WASHINGTON PUBLIC ENTITY GROUP (WAPEG) Premium $ Included Insurance Company Safety National Casualty Corporation Countersigned By ________________________________ Endorsement Effective 01/01/2021 Policy No. GL 4058201 Endorsement No. AGENDA ITEM #6. f) Exhibit D City: Invoice #: Total amount requested this period: Total amount previously invoiced: Original interlocal amount: Total amount charged to date: Amount remaining for completion of interlocal: Task # 1 2 3 4 5 6 7 For King County Use Contract # Project Org Task Purchase Order #Requisition #Receipt Supplier #Supplier Pay Site Invoice #Payment Type Total charges this period are approved for payment: Project Manager:Date BUDGET SUMMARY REPORT FORM 2021-2022 Waste Reduction & Recycling Grant Program Date: Address:Phone: Report Period: -$ Preparer's Name:Contract #: -$ Scope of Work Budget Current Amount Description Quarter Previously -$ Remaining (Task/title)Costs Invoiced Balance -$ -$ -$ -$ -$ -$ 1126942 720122 Exp.Account 54150 22.000' $ TOTALS -$ -$ -$ -$ 0 AGENDA ITEM #6. f) Exhibit E King County Waste Reduction Recycling Grant Expense Summary Form City of ____________ Reimbursement Request # _______ Date _____________ Contract # _________ Task Title & No.Vendor Date of Service Item Description Invoice No.Amount Paid Total 0 2021-2022 Grant Cycle AGENDA ITEM #6. f)