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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, April 5, 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 AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION a) Sexual Assault Awareness Month - April 2021 b) Volunteer Month - April 2021 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 22, 2021. Council Concur b) AB - 2845 Mayor Pavone appoints Ms. Caren Sumption to the Renton Municipal Arts Commission for an unexpired term expiring on December 31, 2021. Refer to Community Services Committee c) AB - 2811 Community & Economic Development Department recommends the following regarding SHB 1406, now codified as RCW 82.14.540, which authorizes cities and counties to recapture a portion of Washington State Sales Tax: 1) Consider adopting a resolution pooling SHB 1406 sales tax credit funds with South King Housing and Homelessness Partners (SKHHP); 2) Authorize execution of SKHHP's Companion Agreement and Interlocal Agreement (ILA) related to this matter, and 3) direct staff to provide an update and recommendation on continued pooling of funds for 2023 and onwards by June 15, 2022. Refer to Planning & Development Committee d) AB - 2836 Community & Economic Development Department recommends approval of a 4Culture Sustained Support Program, in order to receive $10,580 in grant funds. The Renton Municipal Arts Commission will utilize the funds to provide opportunities for members of the Renton community to become engaged with each other through art. Council Concur e) AB - 2838 Community Services Department recommends approval of Amendment 2 to CAG-20-079, with the Washington State Department of Health Supplemental Nutrition Assistance Program (SNAP), in order to receive an additional $22,000 in grant funds for the purpose of reimbursing SNAP benefits at the 2021 Renton Farmers Market. Refer to Finance Committee f) AB - 2816 Community Services Department requests authorization to execute the Notice of Grant (NOG), and record the NOG with King County, in order to receive the final retainage payment of $39,672 of the $500,000 in grant funds received through an agreement with the State of Washington, Recreation and Conservation Office (RCO) executed in 2018 for the Sunset Neighborhood Park. Refer to Finance Committee g) AB - 2817 Community Services Department requests authorization to execute the Deed of Right (DOR), and record the DOR with King County, also needed in order to receive the final retainage payment of $39,672 of $500,000 in grant funds received through the State of Washington, Recreation and Conservation Office (RCO) executed in 2018 for the Sunset Neighborhood Park. Refer to Finance Committee h) AB - 2832 Community Services Department recommends approval of Addendum No. 1 to CAG-20-061, agreement with The Alford Group, in order to extend the contract to June 30, 2022; and requests ratification of the original agreement in the amount of $140,000 for the purpose of providing as-needed services related to the coordination and adherence to terms of grants and donations during the construction of the Family First Community Center. Refer to Finance Committee i) AB - 2835 Community Services Department submits the Notice of Completion for CAG-20- 379, Coulon Playground Replacement project, contractor Landscape Structures, Inc., and requests acceptance of the project and release of retainage after 60 days once all State releases have been obtained. Council Concur j) AB - 2843 Human Resources / Risk Management Department recommends confirmation of Mayor Pavone's appointment of Mr. Ed VanValey as the City of Renton Chief Administrative Officer, effective March 1, 2021; and approval of the related employment agreement. Council Concur k) AB - 2842 Public Works Transportation Systems Division recommends approval of Amendment No. 1 to CAG-20-395, agreement with Gray & Osborne, in the amount of $684,201.08, for construction management services for the Duvall Ave NE Roadway Improvement, NE 7th St to Sunset Blvd NE project. Refer to Transportation (Aviation) Committee l) AB - 2837 Public Works Transportation Systems Division requests authorization to purchase proprietary signal equipment from Western Systems and traffic calming devices from Zumar Industries, totaling $228,848,.65 using State bid contract 04616. These costs are to be reimbursed by King County METRO through CAG-20-156 approved on August 10, 2020. Refer to Finance Committee m) AB - 2840 Public Works Utility Systems Division recommends approval of an agreement with Northwest Hydraulic Consultants, in the amount of $458,761, for the Lower Cedar River Flood Risk Reduction Feasibility Study. Refer to Utilities Committee 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Transportation Committee: Revision to Renton Municipal Airport Regulations and Minimum Standards 8. LEGISLATION Resolution: a) Resolution No. 4429: King County Conservation Futures Grant (Approved via 3/22/2021 Finance Committee Report) Ordinance for first reading: b) Ordinance No. 6016: Transferring the City Clerk's Office and adding the Emergency Management Division to the Executive Department (Approved via 3/22/2021 Consent Agenda) 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 ArmondoPavoneMayorI4lftereas,inWashingtonState,45%ofwomenand22%ofmenreporthavingexperiencedsexualviolenceintheirlifetime;andtT4%Iereas,inKingCounty,7,152adultsandchildrenreceivedspecializedassistancefromorganizationswithprogrammingforsexualassaultvictimsin2020;andWñereas,rapeisamongthemostunderreportedcrimesforreasonsthatincludevictim’sfearofbeingdisbelievedorfurthertraumatizedwithinsystemsdesignedtosupportthem;andadditionalbarriers,suchaslanguage,immigrationstatus,genderbias,andsystemicracismfurtheroppressandsilencevictims;andI4lfiereas,impactsofsexualviolencearerootedinandcompoundedbecauseBlack,Indigenousandotherpeopleofcolor;peoplelivinginpoverty;LGBTQpeople;elders;peoplewithdisabilitiesandotherpeoplearetargetedbyoppressionandaffectedbysexualviolenceinsignificantandcomplexways;andW’hereas,statewide,29%ofthesurvivorswhoweresupportedbyacommunitysexualassaultorganizationidentifiedasBlack,Indigenousandpeopleofcolorin2019,andofthoseidentifyingethnicity,21%identifiedasLatinx/Hispanic;and4)fiereas,KingCountyishometomanyorganizationsthatprovideculturally-andlinguistically-specificservices,whicharecriticalineffectivelyrespondingtospecificneedsandbarriersfacedbysurvivorsfromvariousracial,ethnic,faith,andculturalcommunities;survivorswhoareimmigrantsandrefugees;survivorswhoareLGBTftandsurvivorswithdisabilities;andWñereas,negativeimpactsofsexualviolencetraumaonwomen,men,childrenandyouthincludefear,concernforsafety,symptomsofpost-traumaticstressdisorder,injury,andmissedworkorschool;andt(4,)fiereas,workingtogetherasacommunity,wecanalleviatethetraumaofsexualviolencebyensuringsupportiveresourcesareavailabletoallsurvivors,whilestandinguptoharmfulattitudesandbehaviorsthatcontributetosexualassault;Wbw,tfierefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimApril2021,tobeSeuat)Issautt)LwarenessMontñintheCityofRenton,andIencourageallresidentstojoinadvocatesandcommunitiesthroughoutKingCountyintakingactiontopreventsexualviolencebystandingwithsurvivors.InwitnesswfiereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis5thdayofApril,2021.—i..nyofRenton,WashingtonRentonCityHall,7thFloor1055SouthGradyWay,Renton,WA98057.rProctamationAGENDA ITEM #3. a) ArmondoPavoneMayor‘T’fr’fiereas,volunteersarevitaltoourfutureasacaringandproductivenation;and‘14)fiereas,volunteerismispartofourcountry’ssocialfabric,particularlyduringtimesofcrisis;and‘Whereas,volunteerism,byitsverynature,canbeapowerfulwaytobuildbridgesbetweenpeopleandcanbeonesmallapproachinalargerstrategytowardachievingracialequityandsocialjustice;and14)fiereas,volunteeringexpandspeople’sconnections,cultivatesapositiveselfimage,improvesphysicalwellbeing,combatssocialisolation,reducesstress,andteachesnewskills;and14)hereas,volunteersworkingintheRentoncommunitymaketangibledifferenceseverydayinthelivesofourchildren,adults,andseniors;andfrVfiereas,thevolunteerswhogivetheirgivetheirtimeandtalentstoimprovethequalityoflifeforthecitizensofRentonareatreasureanddeservespecialrecognition;fAlow,therefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimApril2021tobet)otunteerWLontfiintheCityofRenton,inhonorofthehardworkanddedicationofthethousandsofresidentswhoselflesslydonatetheirtimeandeffortinthespiritofvolunteerism.InwitnesswhereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis5thdayofApril,2021.ArmondayorCityofRenton,WashingtonProctamationRentonCityHall,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. b) March 22, 2021 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, March 22, 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 (arrived 7:03 p.m.) 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 Judith Subia, Council Liaison 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 Vanessa Dolbee, Planning Director Cailin Hunsaker, Parks & Trails Director Ron Straka, Public Works Utility Systems Director AGENDA ITEM #6. a) March 22, 2021 REGULAR COUNCIL MEETING MINUTES Bonnie Woodrow, Court Services Director Jessica Giner, Municipal Court Judge Kara Murphy Richards, Municipal Court Judge Kim Gilman, HR Labor Manager Kristi Rowland, Organizational Development Manager Interim Chief Jon Schuldt, Police Department Administrator Commander Tracy Wilkinson, Police Department (All City staff attended remotely except City Clerk Seth) PROCLAMATIONS a) Education and Sharing Day: A proclamation by Mayor Pavone was read declaring March 24, 2021 to be Education and Sharing Day in the City of Renton, encouraging all government officials, educators, volunteers, and citizens to reach out to those within your communities and work to create a better, brighter, and more hopeful future for all. Rabbi Yisroel Treitel of the Chabad Jewish Center of Renton accepted the proclamation with appreciation. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. b) National Safe Place Week: A proclamation by Mayor Pavone was read declaring March 21 - 27, 2021 to be National Safe Place Week in the City of Renton, encouraging all members of the community to join those across the nation celebrating this special observation. Bryan Thompson, Safe Place Coordinator for Friends of Youth, accepted the proclamation with thanks. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. 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: • Today, March 22, all counties in Washington are observing Phase 3 COVID-19 protocols. In parks and on trails, outdoor gathering sizes are still limited. To help ensure this guideline, picnic shelters will remain closed to both reserved and first- come, first-serve use. Otherwise, all parks and trails are open. Continue to wear face coverings, maintain distances of six feet, and practice good hygiene for everyone’s good health. For further updates, please see the Parks and Trails webpage at rentonwa.gov/parks or contact Community Services at 425-430-6600. • Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS • Diane Dobson, Renton, speaking on behalf of the Renton Chamber of Commerce, thanked Council for supporting the organization’s diversity, equity, and inclusion programming. AGENDA ITEM #6. a) March 22, 2021 REGULAR COUNCIL MEETING MINUTES • Kathleen Porter, Renton, spoke in favor the Education and Sharing Day proclamation, inquired about residents volunteering to provide vaccines, and praised the Police Department’s Animal Control Division. • Nancy Quinn, Renton, praised the City for taking care of the graffiti issue she reported at the last Council meeting. • Laura Brady, Renton, expressed dissatisfaction with the City’s response to the racist incidents occurring against Renton’s Asian American and Pacific Islander (AAPI) communities. • Anson Huang, Renton, agreed with the previous speaker and requested the City take these three steps: 1) Condemn all forms of hate speech, 2) Further cement that Renton has zero tolerance for discrimination in all its forms, and 3) Commit to a Town Hall meeting where residents can voice their concerns and grieve as a community. • Ali Collum, Renton, spoke about a video of the Council circulating on social media platforms and urged Council to not be rude to each other. • Carmen Rivera, Renton, stated that she wrote an op-ed article entitled, “Racism Runs Rampant in Renton,” and expressed anger and outrage over the City’s response to recent racist incidents against the Black, Indigenous and People of Color (BIPOC) community. • Nathan Duong, Monroe, stated that he is a member of the Asian American and Pacific Islander community – a community that is currently hurting due to the many recent incidents of targeted racism. He urged Council to: 1) Actively condemn hate speech, 2) Do not scapegoat community members, and 3) Listen to the Asian American and Pacific Islander community. • Jefferey Vu, Renton, remarked that there has been an increase in racist incidents against members of the Asian American and Pacific Islander communities during the pandemic, but noted that many incidents go unreported. He urged everyone to report these incidents using the CISC (Chinese Information and Service Center) hate crime reporting tool found at www.cics-seattle.org/report-an-incident-of-hate-or-bias/. • Thao Nguyen, Montlake Terrace, remarked that he had attended an Asian American and Pacific Islander rally at City Hall and asked that the City take this issue seriously. He also urged Council to hold a Town Hall meeting to discuss this issue with the community. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. Councilmember O'Halloran requested that Item 6.c. be removed for separate consideration. a) Approval of Council Meeting minutes of March 15, 2021. Council Concur. b) AB - 2833 Mayor Pavone appointed Ms. Jessica Giner to the vacant Municipal Court Judge position, vacated by retiring Judge Terry Jurado, effective April 1, 2021. Council Concur. d) AB - 2834 City Clerk reported receipt of street vacation petition from Solera Manager, LLC, and submitted the staff recommendation to set a public hearing on April 19, 2021 to consider vacating a portion of right-of-way (ROW) located in the northeasterly-most portion of 11th Ave N, south of Harrington Pl NE and north of Sunset Lane NE. (Petitioner: Solera Manager, LLC; VAC-20-002). Council Concur. AGENDA ITEM #6. a) March 22, 2021 REGULAR COUNCIL MEETING MINUTES e) AB - 2827 Community Services Department recommended approval of a grant agreement with FitLot, in the amount of $11,030, subject to legal approval to form, for the purposes of hiring a fitness instructor to offer free classes for adults 18 and older at the new FitLot Outdoor Fitness Park (scheduled to be opened in April 2021) located next to the North Highlands Community Center. Refer to Finance Committee. f) AB - 2828 Community Services Department recommended approval of a King County Veterans, Seniors, and Human Services (VSHSL) Transform Senior Center Grant, subject to legal approval to form, in order to accept $112,000 ($56,000 in 2021 and $56,000 in 2022) for the purpose of expanding outreach, engagement, and services to Latino and veteran seniors in the Renton community. Refer to Finance Committee. g) AB - 2831 Police Department recommended approval of the Edward Byrne Memorial Justice Assistance (JAG) Program FY 2020 Local Solicitation agreement in order to accept $29,743 in grant funds to assist police operations. Refer to Public Safety Committee. h) AB - 2829 Public Works Airport requested approval of the update to Section 2.4.11(b) of the Airport Regulations and Minimum Standards by replacing the requirement to meet criteria established by RCW 7.48 Nuisances and RCW 14.08.122 Adoption of Regulations by Airport Operators for Airport Rental and Use and Collection of Charges to streamline the process of removing derelict aircraft, abandoned vehicles, and abandoned property off the airport property through adherence to applicable RCWs and other applicable laws and regulations. Refer to Transportation (Aviation) Committee. i) AB - 2830 Public Works Transportation Systems Division recommended adopting a resolution waiving State competitive bidding requirements in order to enter purchase Bell 100 vehicular bollards for the Traffic Safety Program from sole source vendor Furnitubes International Limited in London, England, in the amount of $36,593.25. Refer to Finance Committee. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, MINUS ITEM 6.c. CARRIED. SEPARATE CONSIDERATION - ITEM 6.c. c) AB - 2818 City Clerk recommended adopting an ordinance amending City Code by transferring the City Clerk Division and adding the Emergency Management Division to the Executive Department. Refer to Finance Committee MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE CONSENT AGENDA ITEM 6.c. AS COUNCIL CONCUR AND REFER THE RELATED ORDINANCE FOR FIRST READING AT THE NEXT COUNCIL MEETING. CARRIED. UNFINISHED BUSINESS a) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the following payments: 1. Accounts Payable – total payment of $16,274,036.64 for vouchers, 10266‐10268, 10270‐ 10273, 390563‐390565, 390578‐390957; payroll benefit withholding vouchers 6518‐ 6529, 390566‐390574 and 3 wire transfers. 2. Payroll – total payment of $1,454,848.41 for payroll vouchers that include 559 direct deposits and 2 checks. (02/16/21‐02/28/21 pay period). 3. Kidder Mathews vouchers 6298‐6313 totaling $46,605.05. AGENDA ITEM #6. a) March 22, 2021 REGULAR COUNCIL MEETING MINUTES MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to execute the Interagency Agreement for 2021 and 2022 CPA# 6203499 (CAG-21-021) with King County to accept $200,786 in non-matching grant funds to implement waste reduction and recycling programs. MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to accept the King County Conservation Futures grant award of $305,181 by approving the Interlocal Cooperation Agreement. The grant award reimburses approximately 50% of the acquisition costs for the Fawcett ROFR acquisition completed in 2020. The Committee recommended that the resolution regarding this matter be presented for reading and adoption and to authorize the Mayor and City Clerk to execute the new Interlocal Agreement. MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. d) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve an adjustment to the following accounts for the applicable water, sewer, and King County Sewer portions of the bill in accordance with City Code 8-4-46 and 8-5-23: • Bank of America, $3,997.08 • Estate of Douglas Neyhart, $8,135.64 • Heritage Grove, $5,220.62 • Ramac Inc, $8,181.24 • Trimark Bronson Way LLC, $4,093.26 MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. e) Planning & Development Committee Chair Prince presented a report concurring in the staff and Planning Commission recommendation to adopt 2020 Title IV Docket Group #15, Group A. The Planning and Development Committee further recommended that ordinances for the items listed below be prepared and presented for first reading when they are completed: • #D-184: Zoning Map Adoption • #D-185: Annual Reporting for Bonus Density • #D-186: Cottage Housing MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Resolution: a) Resolution No. 4428: A resolution was read setting a public hearing date regarding vacation of a portion of 11th Avenue N, South of Harrington Place NE and north of Sunset Lane NE (Solera Street Vacation; VAC-20-002). MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. AGENDA ITEM #6. a) March 22, 2021 REGULAR COUNCIL MEETING MINUTES Ordinances for first and advancement to second and final reading: b) Ordinance No. 6014: An ordinance was read modifying regulations related to site plan review by amending Subsections 4-9-200.A and 4-9-200.H of the Renton Municipal Code and adding a definition of “Feature, Key” to Section 4-11-060 of the Renton Municipal Code, providing for severability; and establishing an effective date. MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING AT TONIGHT'S MEETING. CARRIED. Following second and final reading, it was MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. c) Ordinance No. 6015: An ordinance was read amending Subsection 4-2-080.A.6 of the Renton Municipal Code, adding regulations for mixed-income housing in the Center Village (CV) Zone; lifting the moratorium for Large Residential Projects established by Ordinance No. 5967 and as extended by Ordinance No. 5982; providing for severability; and establishing an effective date. MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING AT TONIGHT'S MEETING. CARRIED. Following second and final reading, it was MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. ADJOURNMENT MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL ADJOURN. CARRIED. TIME: 8:01 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 22 Mar 2021 AGENDA ITEM #6. a) Council Committee Meeting Calendar March 22, 2021 March 29, 2021 Monday 5th Monday – No Meetings April 5, 2021 Monday CANCELED Utilities Committee, Chair Benedetti 4:30 PM Community Services Committee, Chair Văn - VIDEOCONFERENCE 1. Severe Weather Shelter & Community Mental Health Partners Update 2. Emerging Issues in Community Services 5:15 PM Transportation Committee, Chair McIrvin – VIDEOCONFERENCE 1. Revision to Renton Municipal Airport Regulations and Minimum Standards 2. Emerging Issues in Transportation 6:00 PM Committee of the Whole, Chair Corman - VIDEOCONFERENCE 1. Renton Municipal Arts Commission Update 7:00 PM Council Meeting - VIDEOCONFERENCE AGENDA ITEM #6. a) AB - 2845 City Council Regular Meeting - 05 Apr 2021 SUBJECT/TITLE: Appointment to Renton Municipal Arts Commission RECOMMENDED ACTION: Refer to Community Services Committee DEPARTMENT: Executive Department STAFF CONTACT: April Alexander, Executive Assistant EXT.: 6520 FISCAL IMPACT SUMMARY: None SUMMARY OF ACTION: Mayor Pavone appoints Ms. Caren Sumption to the Renton Municipal Arts Commission for an unexpired term expiring 12/31/21 (filling the position held by Duffy Delgado). EXHIBITS: A. Application B. Recommendation Memo STAFF RECOMMENDATION: Confirm Mayor Pavone's appointment of Ms. Sumption to the Renton Municipal Arts Commission. AGENDA ITEM #6. b) 1 April Alexander From:notification@civiclive.com Sent:Friday, January 1, 2021 11:29 AM To:April Alexander Subject:Application for Boards/Commissions/Committees 2021-01-01 11:29 AM(PST) Submission Notification Application for Boards/Commissions/Committees 2021‐01‐01 11:29 AM(PST) was submitted by Guest on 1/1/2021  2:29:15 PM (GMT‐08:00) Canada/Pacific  Name Value  Airport Advisory Committee*  Civil Service Commission*  Community Plan Advisory Board ‐ Benson Hill  Community Plan Advisory Board ‐ City Center  Historical/Museum Board*  Housing Authority*  Human Services Advisory Committee*  Parks Commission*  Planning Commission*  Municipal Arts Commission* Municipal Arts Commission*  Senior Citizens Advisory Board*  Sister City Committee ‐ Cuautla  Sister City Committee ‐ Nishiwaki  Gender Ms.  Name Caren Gussoff Sumption  Address: 440 S. 50th St. Unit D Renton, WA 98055  Email caren@spitkitten.com  Phone 2067690416  AltPhone:  Resident Yes  ResidentSince 2017  formerresidence Seattle, WA  EducationBackground BA, University of Colorado MFA, The School of the Art Institute of Chicago  OccupationalBackground  Professional writer since 2000, social work/direct service (former  program coordinator for Compass Housing Alliance Renton Veterans  Center)  Employer: Self employed  CommunityActivities Active in writing groups, National Writers Union, SFWA  Reasonforapplying To use my experience/expertise to bring literary voices and events to Renton, as well as develop more opportunities for residents to engage  CAUTION: This email originated from outside the City of Renton. 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AGENDA ITEM #6. b) 2 with the arts. I'm interested in coordinating with other local groups, non‐ profits and KCPL to expand offerings. Seattle's known as "City of Books";  I think Renton could give them a good run for that title.  Day Meetings Day Meetings  Night Meetings Night Meetings  To view this form submission online, please follow the link below:  https://rentonwa.gov/form/one.aspx?objectId=17316062&contextId=9212967&returnto=submissions  AGENDA ITEM #6. b) c:\users\analexander\appdata\local\microsoft\windows\inetcache\content.outlook\1m7r7dl3\ced memo to council  via mayor_appointment_caren.docx  DEPARTMENT OF COMMUNITY  & ECONOMIC DEVELOPMENT    M   E   M   O   R   A   N   D   U   M       DATE: March 4, 2021     TO: Armondo Pavone, Mayor        FROM: C.E. “Chip” Vincent, CED Administrator        SUBJECT: Request for New Appointments to the Renton Municipal  Arts Commission       This memorandum is to recommend appointment of Caren Sumption to the vacant  Commission Position on the Renton Municipal Arts Commission. If appointed, Caren will  fulfill the seat vacated by Duffy Delgado and her term of service will expire on December  31, 2021.     Caren attended the School of the Art Institute of Chicago and has a background in  literature.  She is a professional writer (and the former program coordinator for the  Compass Housing Alliance Veterans Center in Renton).  Caren is active in several writing  groups including the National Writers Union and Science Fiction & Fantasy Writers of  America.  She is interested in using her experience to bring literary voices and events to  Renton and to assist in the creation of opportunities for residents to engage with the  arts.     The Arts Commissioners were pleased with the opportunity Caren lends to better  connect the Commission with the field of literary arts and encouraged by her statement,  “Seattle is known as the City of Books; I think Renton could give them a good run for  that title!” They subsequently unanimously recommend the appointment of Caren to  the Arts Commission.     AGENDA ITEM #6. b) AB - 2811 City Council Regular Meeting - 05 Apr 2021 SUBJECT/TITLE: Resolution to Pool SHB 1406 Funds to SKHHP RECOMMENDED ACTION: Refer to Planning & Development Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Hannah Bahnmiller, Housing Programs Manager EXT.: x7262 FISCAL IMPACT SUMMARY: Current and future collections of SHB 1406 sales tax credits to be pooled to SKHHP Capital Fund through at least 2022. $57,603.48 was collected in 2020, and $45,193.33 was collected through February 2021 for a total of $102,796.81 collected. Collections by the City of Renton are authorized up to $236,380 per year for the next 20 years. SUMMARY OF ACTION: The 2019 State Legislature enacted SHB 1406, codified as RCW 82.14.540, which authorizes cities and counties to recapture a portion of Washington State sales tax when it is used to support affordable housing initiatives. On August 12, 2019, the Renton City Council enacted Resolution 4386, a resolution of intent to authorize the tax. Subsequently, Ordinance 5972 was enacted on June 15, 2020, which authorized the recapture of the Washington State sales tax of up to $236,380 per year for the next 20 years. South King Housing and Homelessness Partners (“SKHHP”) was formed on January 1, 2019, by an Interlocal Agreement (“2019 ILA”). The Renton City Council took action on March 4, 2019, to adopt Resolution 4372 which authorized the Mayor to sign the 2019 ILA and join with Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Tukwila, and King County to officially formed the South King Housing and Homelessness Partners (SKHHP). On November 22, 2019, the SKHHP Executive Board unanimously adop ted Resolution 2019-06 which urges each member jurisdiction to pool tax receipts collected under SHB 1406 to a SKHHP Housing Capital Fund. The cities of Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park, and Tukwila are already in the process of executing the 2021 ILA. On February 26, 2021, the SKHHP Executive Board voted to expand the 2021 ILA to allow the City of Renton to join by executing a companion agreement. EXHIBITS: A. Issue Paper B. DRAFT Resolution (including Attachment A: Companion Agreement and Exhibit A: Interlocal Agreement) STAFF RECOMMENDATION: Staff recommends Council: (1) consider and act on a proposed resolution regarding pooling SHB 1406 sales tax credit funds with SKHHP; (2) authorize the Mayor to join SKHHP’s 2021 i nterlocal agreement (ILA) and execute the Companion Agreement regarding such pooling once City staff have received written confirmation that the 2021 ILA is in effect, the details of which will be addressed in the pooling resolution; and (3) by June 15, 2022, have staff provide an update and recommendation on continued pooling for 2023 onwards. AGENDA ITEM #6. c) DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:April 5th, 2021 TO:Randy Corman, Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:C.E. “Chip” Vincent, CED Administrator x6588 STAFF CONTACT:Hannah Bahnmiller, Housing Programs Manager x7262 SUBJECT:Resolution to Pool SHB 1406 Sales Tax Credit Funds with South King Housing and Homeless Partners ISSUE: Should Council approve a resolution to pool funds collected under SHB 1406 with the South King County Housing and Homeless Partners (SKHHP)? RECOMMENDATION: Staff recommends Council: (1) consider and act on a proposed resolution regarding pooling SHB 1406 sales tax credit funds with SKHHP; (2) authorize the Mayor to join SKHHP’s 2021 interlocal agreement (ILA) and execute the Companion Agreement regarding such pooling once City staff have received written confirmation that the 2021 ILA is in effect, the details of which will be addressed in the pooling resolution; and (3) by June 15, 2022, have staff provide an update and recommendation on continued pooling for 2023 onwards. BACKGROUND: The 2019 State Legislature enacted SHB 1406, codified as RCW 82.14.540, which authorizes cities and counties to recapture a portion of Washington State sales tax when it is used to support affordable housing initiatives. On August 12, 2019, the Renton City Council enacted Resolution 4386, a resolution of intent to authorize the tax. Subsequently, Ordinance 5972 was enacted on June 15, 2020, which authorized the recapture of the Washington State sales tax of up to $236,380 per year for the next 20 years. SHB 1406 allows these tax receipts to be used for: 1. Acquiring, rehabilitating, or constructing affordable housing; AGENDA ITEM #6. c) Randy Corman, Council President Page 2 of 3 April 5, 2021 2. Funding the operations and maintenance costs of new units of affordable or supportive housing; and 3. For jurisdictions that have a population of less than 100,000, provision of rental assistance to tenants. South King Housing and Homelessness Partners: South King Housing and Homelessness Partners (“SKHHP”) was formed on January 1, 2019, by an Interlocal Agreement (“2019 ILA”). The Renton City Council took action on March 4, 2019, to adopt Resolution 4372 which authorized the Mayor to sign the 2019 ILA and join with Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Tukwila, and King County to officially form the South King Housing and Homelessness Partners (SKHHP). SKHHP was formed for the purpose of advancing affordable housing initiatives in South King County. Anticipated initiatives include assisting cities with comprehensive plan updates, data collection and housing trend analyses, and establishing a housing capital fund to support the purchase, rehabilitation, and/or development of affordable housing. An essential principle of the 2019 ILA is that the ten-member jurisdictions are better able to deliver successful outcomes by working collaboratively and pooling resources. In support of this principle, on November 22, 2019, the SKHHP Executive Board unanimously adopted Resolution 2019-06 which urges each member jurisdiction to pool tax receipts collected under SHB 1406 to a SKHHP Housing Capital Fund. The pooled funds have greater potential to leverage other public and private funds and will go further than the individual dollars collected by each city. A SKHHP Housing Capital Fund will also establish a regional funding source for shared housing solutions and increased investment in affordable and supportive housing in South King County. If all cities pool the entirety of their tax receipts, contributions to the Housing Capital Fund could exceed $1,000,000 each year for 20 years. The 2019 ILA includes provisions to establish a Housing Capital Fund, but RCW 82.14.540 requires an ILA expressly calling out the SHB 1406 tax receipts. As such, an additional Interlocal Agreement is required to pool RCW 82.14.540 tax receipts. An Interlocal Agreement “2021 ILA” was approved by the SKHHP Executive Board on January 22, 2021, with an effective date of March 1, 2021. The cities of Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park, and Tukwila previously adopted legislation expressing their intent to pool. As such, these seven cities are already in the process of executing the 2021 ILA. Renton City Council was presented with a staff briefing on options and usage of SHB 1406 tax receipts on April 27, 2020. No action was taken at that time, but Council leadership expressed support for pooling 2020 and 2021 funds to SKHHP. On February AGENDA ITEM #6. c) Randy Corman, Council President Page 3 of 3 April 5, 2021 26, 2021, the SKHHP Executive Board voted to expand the 2021 ILA to allow the City of Renton to join by executing a Companion Agreement. Pursuant to Council’s interest, the staff recommendation includes a subsequent update and recommendation on SHB 1406 tax receipts by June 15, 2022. The 2021 ILA remains in effect until it is terminated. Member parties are able to withdraw participation from the 2021 ILA by submitting written notice to the SKHHP Executive Board, due on or before July of a year to become effective as of 11:59 p.m. on December 31 of that year. Therefore, reconsideration before June 30, 2022, would allow Council the option to consider withdrawal from the agreement, effective in 2023. CONCLUSION: The cities of Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park, and Tukwila are in the process of enacting the 2021 ILA to pool tax receipts collected under RCW 82.14.540 to SKHHP. Renton City Council was briefed on the option of pooling funds to SKHHP in April 2020 and was supportive of pooling while retaining the future option to reconsider. Staff is recommending pooling current and future SHB 1406 funds with a scheduled update to Council before June 15, 2022. cc: Ed VanValey, CAO Jason Seth, City Clerk Kari Roller, ASD Administrator Cliff Long, Economic Development Director Mark Santos-Johnson, Community Development and Housing Manager Attachments: Resolution AGENDA ITEM #6. c) 1  CITY OF RENTON, WASHINGTON    RESOLUTION NO. _______    A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, IN RESPONSE TO  WASHINGTON STATE SUBSTITUTE HOUSE BILL 1406 (SHB 1406), CODIFIED AS   RCW 82.14.540: (1) AUTHORIZING THE MAYOR AND CITY CLERK TO CAUSE THE  CITY TO JOIN AN INTERLOCAL AGREEMENT WITH THE CITIES OF AUBURN,  BURIEN, COVINGTON, DES MOINES, FEDERAL WAY, KENT, NORMANDY PARK,  AND TUKWILA ENTITLED “INTERLOCAL AGREEMENT FOR THE PURPOSE OF  POOLING SALES TAX RECEIPTS WITH SOUTH KING HOUSING AND  HOMELESSNESS PARTNERS (SKHHP) CITIES TO ADMINISTER FUNDS UNDER RCW  82.14.540” BY AUTHORIZING THE MAYOR AND CITY CLERK TO, AT A FUTURE  DATE, ENTER INTO AN INTERLOCAL AGREEMENT ENTITLED “COMPANION  AGREEMENT FOR THE PURPOSE OF POOLING SALES TAX RECEIPTS WITH SOUTH  KING HOUSING AND HOMELESSNESS PARTNERS (“SKHHP”) CITIES TO  ADMINISTER FUNDS UNDER RCW 82.14.540” AND (2) AUTHORIZING THE  MAYOR OR DESIGNEE TO TRANSFER SHB 1406 FUNDS TO THE SOUTH KING  HOUSING AND HOMELESSNESS PARTNERS (SKHHP) FOR PURPOSES OF  POOLING.     WHEREAS, the City and the cities of Auburn, Burien, Covington, Des Moines, Federal Way,  Kent, Normandy Park, and Tukwila (collectively the “Parties”) are authorized, pursuant to RCW  Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative  agreement; and   WHEREAS, the South King Housing and Homelessness Partners (“SKHHP”) was formed on  January 1, 2019 by interlocal agreement between the Parties and King County, which interlocal  agreement was authorized by City Council Resolution No. 4372; and   WHEREAS, subsequent to the formation of SKHHP, the State legislature adopted  Substitute House Bill 1406 (SHB 1406), codified as RCW 82.14.540, authorizing the legislative  authority of a county or city to impose a local sales and use tax for affordable and supportive  housing to income eligible persons as further specified in RCW 82.14.540; and   AGENDA ITEM #6. c) RESOLUTION NO. _______  2  WHEREAS, within six months of the effective date of RCW 82.14.540 each of the Parties  had adopted a resolution of intent to authorize the maximum capacity of the tax. The City’s  resolution was passed on August 12, 2019 as Resolution No. 4386; and   WHEREAS, within twelve months each of the Parties had adopted legislation authorizing  the maximum capacity of the tax.  The City’s legislation was adopted on June 15, 2020 via  Ordinance No. 5972 which authorized a recapture of Washington State sales tax pursuant to RCW  82.14.540, with such recapture estimated to generate approximately $236,000 per year for the  next 20 years; and   WHEREAS, while the City’s estimated $236,000 recapture authorized by Ordinance No.  5972 is a valuable revenue stream that can be used in Renton to support various affordable  housing initiatives, transfer of such funds to SKHHP would allow the use of the funds to stretch  further and to make a more profound and meaningful impact by allowing SKHHP to establish a  regional funding source that will help to establish regional decision making and shared housing  solutions and increased investment in affordable and supportive housing in South King County;  and  WHEREAS, on November 22, 2019, the SKHHP Executive Board took unanimous action to  adopt SKHHP Resolution 2019‐06 urging its member jurisdictions to pool 100% of the tax receipts  collected under the provisions of RCW 82.14.540.  If all Parties pool the maximum extent of these  tax receipts to SKHHP, the estimated revenue would total approximately $1,000,000 per year for  a 20‐year period; and  WHEREAS, the cities of Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park,  and Tukwila have already acted to negotiate an interlocal agreement (the “2021 Interlocal  AGENDA ITEM #6. c) RESOLUTION NO. _______  3  Agreement”) to pool with SKHHP the RCW 82.14.540 tax receipts received in the individual cities;  and  WHEREAS, the 2021 Interlocal Agreement will become effective retroactively to March 1,  2021 upon its approval by the legislative bodies of the cities of Auburn, Burien, Covington, Des  Moines, Federal Way, Kent, Normandy Park, and Tukwila, which legislative approval is underway;  and  WHEREAS, the SKHHP Executive Board voted to expand the 2021 Interlocal Agreement to  allow the City of Renton to join the 2021 Interlocal Agreement by executing a companion  agreement to the 2021 Interlocal Agreement; and  WHEREAS, the City desires to join the other Parties in pooling with SKHHP the City’s RCW  82.14.540 tax receipts.  Thus, the City desires to join the 2021 Interlocal Agreement, after it has  become effective, by executing a companion agreement to the 2021 Interlocal Agreement; and  WHEREAS, upon joining the 2021 Interlocal Agreement, the City wishes to commence  transferring its RCW 82.14.540 funds to SKHHP, pursuant to the terms of this Resolution and the  2021 Interlocal Agreement;   NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO  RESOLVE AS FOLLOWS:  SECTION I. The Mayor and City Clerk are hereby authorized to join the interlocal  agreement referred to above as the “2021 Interlocal Agreement” entitled “Interlocal Agreement  For the Purpose of Pooling Sales Tax Receipts with South King Housing and Homelessness  Partners (“SKHHP”) Cities to Administer Funds Under RCW 82.14.540” after such interlocal  AGENDA ITEM #6. c) RESOLUTION NO. _______  4  agreement has become effective.  A copy of this interlocal agreement is attached to the  companion agreement addressed in Section II of this Resolution.    SECTION II. After City staff receives written confirmation that the 2021 Interlocal  Agreement addressed in Section I of this Resolution has become effective, the Mayor and City  Clerk are hereby authorized to enter into an interlocal agreement entitled “Companion  Agreement for the Purpose of Pooling Sales Tax Receipts with South King County Housing and  Homeless Partners (“SKHHP”) Cities to Administer Funds Under RCW 82.14.450,” attached hereto  as Attachment “A” and incorporated by this reference.  As set forth in such companion  agreement, execution of the companion agreement will cause the City to be joined in the  “Interlocal Agreement For the Purpose of Pooling Sales Tax Receipts with South King Housing and  Homelessness Partners (“SKHHP”) Cities to Administer Funds Under RCW 82.14.540” which is  addressed in Section I of this Resolution.    SECTION III. The Mayor or designee is hereby authorized to transfer to SKHHP the City’s  tax receipt funds collected under the provisions of RCW 82.14.540 and Ordinance No. 5972.  This  authorization takes effect on the date that the Mayor and City Clerk enter into the companion  agreement that is attached as Attachment “A” hereto.   PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2021.        ______________________________  Jason A. Seth, City Clerk      AGENDA ITEM #6. c) RESOLUTION NO. _______  5  APPROVED BY THE MAYOR this ______ day of _____________________, 2021.        ______________________________   Armondo Pavone, Mayor         Approved as to form:      ______________________________  Shane Moloney, City Attorney    RES:1866:3/23/21  AGENDA ITEM #6. c)     ATTACHMENT “A”  Companion Agreement For the Purpose of Pooling Sales Tax  Receipts with South King Housing and Homelessness Partners  (“SKHHP”) Cities to Administer Funds Under RCW 82.14.540    AGENDA ITEM #6. c) Companion Agreement For the Purpose of Pooling Sales Tax Receipts with South  King Housing and Homelessness Partners (“SKHHP”) Cities to Administer Funds  Under RCW 82.14.540   This Companion Agreement expands the Parties of the Interlocal Agreement for pooling  sales tax receipts with SKHHP cities to administer funds under RCW 82.14.540 (“Companion  Agreement”) to include the City of Renton (“Renton”), a municipal corporation of the State of  Washington.   WHEREAS, this Companion Agreement is made pursuant to the Interlocal Cooperation  Act, chapter 39.34 RCW, to address the use of pooled tax receipts for affordable and supportive  housing sales and use tax in accordance with RCW 82.14.540(10); and  WHEREAS, the cities of Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park,  and Tukwila expressed an intention to enter into an Interlocal Agreement with an effective date  of March 1, 2021, for the purpose of pooling sales tax receipts with SKHHP to administer funds  under RCW 82.14.540; and  WHEREAS, consistent with the intent and spirit of pooling sales tax receipts with SKHHP  to administer funds under RCW 82.14.540, the SKHHP Executive Board voted to expand the  Interlocal Agreement to include the City of Renton through the execution of this Companion  Agreement by an affirmative vote of a two‐thirds majority of the membership of the SKHHP  Executive Board;  NOW, THEREFORE, in consideration of the mutual promises, benefits, and covenants  contained in this Agreement, the City of Renton agrees to the above recitals and the following  terms and conditions:  Section 1. The City of Renton agrees to and adopts the recitals, mutual promises, benefits,  terms, covenants, and conditions of the Interlocal Agreement for pooling tax receipts with  SKHHP cities to administer funds under RCW 82.14.540 signed by the cities of Auburn, Burien,  Des Moines, Federal Way, Kent, Normandy Park, and Tukwila, which Interlocal Agreement is  attached hereto as Exhibit A.  Section 2. This Companion Agreement will be in full force on the date of execution.    Executed this _______ day of ________________, 2021.    AGENDA ITEM #6. c) CITY OF RENTON    ___________________________________  Armondo Pavone  Mayor    Attest:    ___________________________________  Jason Seth  City Clerk    Approved as to form:    ___________________________________  Shane Moloney  City Attorney     AGENDA ITEM #6. c) EXHIBIT A  [See next pages.]  AGENDA ITEM #6. c) SKHHP SHB 1406 Interlocal Agreement – February 4, 2021 Page 1 of 6  Interlocal Agreement For the Purpose of Pooling Sales Tax Receipts with South  King Housing and Homelessness Partners (“SKHHP”) Cities to Administer Funds  Under RCW 82.14.540   This Interlocal Agreement (“Agreement”) is entered into by and between the Cities of  Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park, and Tukwila each municipal  corporations and political subdivisions of the State of Washington (individually, a “Party” and  collectively, “the Parties”).   WHEREAS, this Agreement is made pursuant to the Interlocal Cooperation Act, chapter  39.34 RCW, and has been authorized by the legislative body of each jurisdiction to address the  use of pooled tax receipts for affordable and supportive housing sales and use tax in  accordance with RCW 82.14.540(10).   WHEREAS, SKHHP was formed on January 1, 2019 by Interlocal Agreement among the  jurisdictions of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park,  Renton, Tukwila, and King County (the “SKHHP Interlocal Agreement”); and  WHEREAS, after SKHHP was formed, the Washington State Legislature passed Substitute  House Bill (SHB) 1406, which was signed into law by the Governor, and is now codified at  RCW  82.14.540; and  WHEREAS, RCW 82.14.540 authorizes the legislative authority of a county or city to  impose a local sales and use tax for affordable and supportive housing to income‐eligible  persons; and  WHEREAS, RCW 82.14.540 stipulates the moneys collected or bonds issued through this  sales tax credit may only be provided to persons whose income is at or below 60 percent of the  median income of the county or city imposing the tax and may only be used for the following  purposes: (i) acquiring, rehabilitating, or constructing affordable housing, which may include  new units of affordable housing within an existing structure or facilities providing supportive  housing services under RCW 71.24.385; or (ii) funding the operations and maintenance costs of  new units of affordable or supportive housing; and  WHEREAS, funding to support the acquisition, rehabilitation, and new construction of  affordable housing, and operation and maintenance costs of new affordable housing is critical  to providing an array of housing opportunities for residents; and   WHEREAS, RCW 82.14.540 allows cities with a population of one hundred thousand or  less to use moneys collected for providing rental assistance to tenants in addition to the  affordable housing purposes listed above. As of the date of this Agreement, although at least  some of the Parties have a population of one hundred thousand or less, all such Parties intend  that the funds they contribute pursuant to this Agreement shall not be used for providing rental  assistance; and  AGENDA ITEM #6. c) SKHHP SHB 1406 Interlocal Agreement – February 4, 2021 Page 2 of 6  WHEREAS, within six months of the effective date of RCW 82.14.540, each of the Parties  adopted a resolution of intent to authorize the maximum capacity of the tax, and within 12  months, each of the Parties adopted legislation authorizing the maximum capacity of the tax;  and   WHEREAS, on November 22, 2019, the SKHHP Executive Board took unanimous action  to adopt SKHHP Resolution 2019‐06 urging each of the nine member jurisdictions to pool 100  percent of the tax receipts collected under the provisions of RCW 82.14.540 which expressly  anticipates pooling of tax receipts received under RCW 82.14.540 if done pursuant to this  Agreement; and  WHEREAS, the Parties wish to act cooperatively to pool tax receipts received in  individual cities to allow the use of funds to leverage other funds and make a more meaningful  and significant impact on affordable housing challenges in south King County consistent with  this Agreement and RCW 82.14.540; and  WHEREAS, pooling RCW 82.14.540 sales tax receipts with SKHHP will establish a regional  funding source that will help to establish regional‐decision making and shared housing solutions  and increased investment in affordable and supportive housing in south King County.   NOW, THEREFORE, in consideration of the mutual promises, benefits, and covenants  contained in this Agreement, the Parties incorporate by reference and agree to the above  recitals and the following terms and conditions:  1. Purpose. The purpose of this Agreement is to allow each of the Parties to pool all or a  portion of its tax receipts received under RCW 82.14.540 for use by SKHHP in funding  affordable and supportive housing projects and/or programs as permissible under RCW  82.14.540.  2. Responsibilities and Authority. For the purposes of RCW 39.34.030(4)(a), the SKHHP  Administering Agency is designated as the administrator responsible for overseeing and  administering the joint or cooperative undertaking contemplated by this Agreement.  No  property shall be acquired by the Parties to this Agreement by reason of this joint or  cooperative undertaking.  3. Pooled Funds. The legislative body of each Party shall consider whether it will pool with  SKHHP all or a portion of its RCW 82.14.540 tax receipts.  Each Party that determines that it  will pool all or a portion of its RCW 82.14.540 tax receipts shall transfer the funds to be  pooled into the SKHHP Housing Capital Fund.   4. Uses of Pooled Funds. Consistent with the permissible uses of funds set forth in RCW  82.14.540, SKHHP will distribute funds pooled under this Agreement only for the following  purposes that serve persons whose income is at or below 60 percent of the median income:  AGENDA ITEM #6. c) SKHHP SHB 1406 Interlocal Agreement – February 4, 2021 Page 3 of 6  a. Acquiring, rehabilitating, or constructing affordable housing, which may include new  units of affordable housing within an existing structure or facilities providing  supportive housing services under RCW 71.24.385; and/or  b. Funding the operations and maintenance costs of new units of affordable or  supportive housing.   5. Selection of Funding Awards involving Pooled Funds. SKHHP intends to periodically invite  applications for funding for projects and/or programs eligible for funding under the SKHHP  Interlocal Agreement. For each round of funding applications for which SKHHP intends to  use funds pooled under this Agreement, the following shall apply:  a. The SKHHP Executive Board will identify funding guidelines that will include, but not  be limited to: the amount of available funding, household income targets, funding  priorities, eligible activities and geographic areas, regulatory terms, other award  terms/reporting requirements, application contents, review process, evaluation  criteria, and the schedule for funding allocation.    b. The SKHHP Advisory Board, to be established by the SKHHP Executive Board as  outlined in the SKHHP Interlocal Agreement, will provide recommendations to the  SKHHP Executive Board on the strategic funding priorities and the allocation of tax  receipts collected through this Agreement. These recommendations will consider  south King County housing needs, other funding sources that support affordable  housing and supportive housing, local housing needs, and equitable geographic  distribution of funds.  c. The SKHHP Executive Board shall consider the recommendations of the SKHHP  Advisory Board to decide both the recommended funding awards for selected  projects and/or programs and the specific funding from each participating Party  consistent with the SKHHP Executive Board Powers.  d. Funding will be limited to projects or programs that are within the SKHHP sphere of  influence as identified in the SKHHP Interlocal Agreement and meet the eligibility  criteria of RCW 82.14.540.  6. Expenditure of Pooled Funds; Legislative Authority of Each Party.    a. As provided in the SKHHP Interlocal Agreement, the SKHHP Executive Board will  recommend to the individual legislative bodies various terms to accompany their  authorizations. Terms shall be consistent with RCW 82.14.540 and may include but  will not be limited to: the amount of funds allocated, project description, minimum  affordability requirements, nature of funding commitment (loan, grant, or other),  and general repayment terms for loans, if applicable.  AGENDA ITEM #6. c) SKHHP SHB 1406 Interlocal Agreement – February 4, 2021 Page 4 of 6  b. Before any Party’s pooled funds are awarded or distributed for funding of a project  or program selected pursuant to Section 4 “Selection of Funding Awards involving  Pooled Funds” of this Agreement, the legislative body of such Party shall authorize  the application of a specified amount of its 82.14.540 tax receipts in its Individual  Account, as provided in Section 14 of the SKHHP Interlocal Agreement.   c. SKHHP may only award and distribute a Party’s pooled funds after a Party’s  legislative body has approved participation in this Agreement.  7. Administration. Funds collected through this Agreement shall be administered through the  SKHHP Housing Capital Fund as outlined in the SKHHP Interlocal Agreement and  administered by the SKHHP Administering Agency. The SKHHP Administering Agency will  maintain records sufficient to separately track the deposits and withdrawals within each  Individual Account and each project account.  8. Reporting. In addition to reporting requirements under the SKHHP Interlocal Agreement,  SKHHP will submit an annual report to the Parties of work plan progress that includes, but is  not limited to, housing priorities, strategies, capital funding investments, use of pooled RCW  82.14.540 tax receipts, and other SKHHP accomplishments.  9. Audit. The Parties acknowledge that the expenditure of all funds will be subject to audit by  the state auditor or other authorized entity. The SKHHP Administering Agency reserves the  right to review, monitor, or audit the use of these funds as deemed necessary.  Such  activities may occur with or without notice.   10. Termination or Withdrawal. This Agreement may be terminated at any time by an  affirmative vote of a majority of the legislative bodies of the Parties to this Agreement. If a  Party wishes to withdraw from participation in this Agreement, it may do so with written  notice to the SKHHP Executive Board of its intention to withdraw, due on or before July 1 of  a year and become effective as of 11:59 p.m. on December 31 of that year. Upon  termination of this Agreement or Party withdrawal from this Agreement, all uncommitted  pooled RCW 82.14.540 tax receipt moneys in the SKHHP Housing Capital Fund will be  distributed to the Parties in case of termination of the Agreement, or individually to any  Party withdrawing from the Agreement, by remitting the total uncommitted amounts  remaining in the Party’s Individual Account to that Party, unless otherwise authorized by  the legislative authority of that Party.  11. Additional municipalities. This Agreement may be expanded to include additional SKHHP  municipalities through the execution of a companion agreement that is consistent with this  Agreement and the SKHHP Interlocal Agreement, and upon an affirmative vote of a two‐ thirds majority of the membership of the SKHHP Executive Board.  12. Amendments. Any amendments to this Agreement must be in writing. This Agreement may  be amended upon approval of at least two‐thirds of the legislative bodies of all Parties to  AGENDA ITEM #6. c) SKHHP SHB 1406 Interlocal Agreement – February 4, 2021 Page 5 of 6  this Agreement, evidenced by authorized signatures of those Parties as of the effective date  of this Agreement, however, any amendment to this Agreement affecting the terms and  conditions of membership, provisions regarding duration, termination or withdrawal, or the  conditions of this Section will require consent of the legislative authorities of all Parties. This  Section shall not be construed to require amendment of this Agreement for the addition of  a new Party contemplated under Section 11.  13. Effective date. This Agreement will become effective March 1, 2021, subject to its approval  by the legislative bodies of all participating jurisdictions, and pursuant to RCW 39.34.040.  Although this Agreement may be approved and signed by a Party after the Agreement’s  effective date, all acts consistent with the authority of this Agreement that occur on or after  March 1, 2021, are hereby ratified and affirmed, and the other terms of this Agreement will  be deemed to have applied.  14. Agreement Duration. This agreement will be in full force and effect until it is terminated in  accordance with the terms and conditions of this agreement.  (Signature Page Follows) AGENDA ITEM #6. c) SKHHP SHB 1406 Interlocal Agreement – February 4, 2021 Page 6 of 6   Approved and executed this _______ day of ________________, 2021.    Name of Party: [fill in jurisdiction]      ___________________________________  [fill in appropriate signatory]  Approved as to form:    ___________________________________  [fill in City Attorney information]    AGENDA ITEM #6. c) AB - 2836 City Council Regular Meeting - 05 Apr 2021 SUBJECT/TITLE: 4Culture Sustaining Program Grant RECOMMENDED ACTION: Council Concur DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Cliff Long, Economic Development Director EXT.: 6591 FISCAL IMPACT SUMMARY: The City has applied for and will be awarded a total of $10,580 from 4Culture to support 2021 Arts and Culture projects in the City of Renton. SUMMARY OF ACTION: 4Culture provides sustained support funding to assist with the day -to-day needs of arts, heritage, and preservation organizations—this reliable, consistent support lets creativity flourish in the places that make King County a cultural hub. For the 2021 Arts Sustained Support program, 4Culture realized that a regular application process would be an excessive burden on arts organizations already struggling to survive a global pandemic that made public assembly an existential threat. For this reason, the 202 1 award process was simplified and streamlined. A full application process for 2022 Arts Sustained Support funding will be conducted in the fall of 2021. Arts organizations, defined by King County as Communities of Opportunity will receive what the County is currently calling an Equity Investment. This Equity Investment is part of 4Culture’s ongoing attempt to address historical inequities experienced by underserved and marginalized communities. In future Sustained Support cycles, Equity Investments may take a different form. As a past recipient of 4Culture’s Arts Sustained Support, the Renton Municipal Arts Commission will be awarded $10,580 to provide opportunities for members of the community to become engaged with each other through art, whether it is a participatory project or event or as a spectator. Funding from 4Culture will help the Arts Commission ensure accessibility to art and culture on a community level. EXHIBITS: A. 4Culture Arts Sustained Support Program 2021 Application B. 4Culture 2021 Grant Agreement C. 2021 4Culture Grant Agreement Legal Approval STAFF RECOMMENDATION: Authorize the Staff to accept the 4Culture Sustained Support Program award of $10,580 and sign the grant agreement. AGENDA ITEM #6. d) https://apply.4culture.org/sustained-applications/record/0064u000013pDXAAA2 1/4 SUSTAINED SUPPORT APPLICATION SUMMARY Application status, narrative, supplementary items, etc. Not every field in this summary may apply to the specific sustained support application you submitted. TITLE 2021 Arts Sustained Support STAGE Approved YEAR 2021 PRIMARY CONTACT Jessie Kotarski APPLICATION NARRATIVE SHORT ORGANIZATION DESCRIPTION COMMUNITY FUTURE As City Council continues to assess the impact of COVID-19 on city funds, the 2021 budget for the arts remains undecided. Regardless, AGENDA ITEM #6. d) https://apply.4culture.org/sustained-applications/record/0064u000013pDXAAA2 2/4 the RMAC has solid plans to continue to offer and support programs to enrich and increase participation and awareness of the cultural and artist community in Renton with available resources.In 2021, the RMAC has established three priorities on which to focus. The first is service to the community as an art resource.Through a virtual platform, the RMAC will provide quarterly workshops featuring topics such as how to curate a solo exhibit, or guidance for filming in Renton. These opportunities, along with links to and stories on other resources available in the region will be promoted through a monthly e-newsletter and through RMAC social media channels. The second priority is promotion of local artists.This will be accomplished through the continuation of the streamlined grant program (while funds remain). The RMAC is dedicated to increasing accessibility to the arts in the Renton community and the Grant Committee is charged with ensuring the grant applications adhere to criteria that includes special consideration for access for all. Grant applications must provide examples of how they will use targeted advertising/marketing [of the proposed event/opportunity] to reach segments of the community that may not otherwise be aware of the opportunity. This includes innovative outreach or multiple language messaging. Applications must also be able to demonstrate free or reduced price tickets to an identified segment of the community that may not have the opportunity to attend the event because they cannot afford it. The third priority is the facilitation of public art and the creation of opportunities for participatory public art to create a shared experience of creation and interaction especially during this time of isolation and detachment. If funding allows, the RMAC will pursue opportunities for new community-painted murals that to be completed with volunteer assistance at events that practice safe physical distancing. MANAGEMENT AGENDA ITEM #6. d) https://apply.4culture.org/sustained-applications/record/0064u000013pDXAAA2 https://apply.4culture.org/sustained-applications/record/0064u000013pDXAAA2 3/4 PROGRAMMING As often happens, a perceived “negative” situation has inspired change that has the potential to result in long term positives. This past year, the Renton Municipal Arts Commission (RMAC) has pivoted to meet the unprecedented demand to support and connect people with arts and culture endeavors in the Renton community. The RMAC increased support to artists and arts organizations with participation and grants for virtual events and activities that could be conducted safely under the COVID-19 mandated closures. The grant process was streamlined and a rolling deadline instituted in order to more quickly get much needed funds out to the local art community. Applications were reviewed as received and no less than 20 artists and nonprofit organizations received funding to support arts and culture programs benefitting the Renton community. Programs included art contests for school-aged kids, a virtual Film Festival, murals in three different neighborhoods inspired and created in part by members of the community, expansion of a popular hydrant art program, a Wearable Art event featuring masks created by Renton fashion designers, a documentary film celebrating Renton’s annual rubber ducky derby (cancelled for the first time in 2020 due to the pandemic), and that is just the beginning of the list of creative projects funded in 2020. Serving as Renton’s source for arts information, the RMAC took their mission to the next level in 2020, organizing virtual art walks to provide self-guided walking tours and an opportunity for the public to connect safely with local artists. Tours are available on the VisitRenton mobile app (available free for download) for the public to explore as they walk or drive by. The tours include links and contact information for the participating artists for anyone interested in learning more or making a purchase. In September, a BLM art walk featured work from black artists including performance art filmed and streamed in storefront windows in downtown Renton. These tours have inspired expanded programming that will include “Feature the Artist” events this fall to highlight local artists and AGENDA ITEM #6. d) https://apply.4culture.org/sustained-applications/record/0064u000013pDXAAA2 https://apply.4culture.org/sustained-applications/record/0064u000013pDXAAA2 4/4 create additional opportunities to better connect the community through social media platforms and safe, in-store experiences. AGENDA ITEM #6. d) 4CULTURE PAGE 1 GRANT INFORMATION CONTRACTOR INFORMATION City of Renton Jessie Kotarski Economic Development Specialist 1055 S Grady Way, 6th floor Renton, Washington 98057 (425) 430-6581 Your Contract #: 121170A Arts Sustained Support - 1750 Motion #: 2021-09 PROGRAM INFORMATION Attached is your Contract with 4Culture for $10,580.00 for the 2021 Arts Sustained Support project. The contract starts on 01/01/21 and ends on 12/31/21. For questions, contact Bret Fetzer at bret.fetzer@4culture.org or (206) 263-1599. SCOPE OF SERVICE City of Renton and 4Culture, the Cultural Development Authority of King County, mutually agree that the following services be provided in accordance with the application submitted to and approved by the 4Culture Board. Support for 2021 Programs, including events or activities with actual expenses in excess of the amount of this organization's Arts Sustained Support award, occurring between Jan 1 and Dec 31 of this year, and which are open and publicized to the community. Funds are provided on a cost reimbursement basis, including any overhead, personnel, rent, insurance, and related operating expenses necessary as part of the production of activities and experiences supported by this award. Payable upon completion of events or activities that fulfill the requirements above and submittal of an invoice, including documentation regarding: • Final project budget, actual • Samples of programs, brochures, or other marketing materials featuring the 4Culture logo, if available • Photos of the event, if available Final payment will not be made until acknowledgment is submitted AGENDA ITEM #6. d) 4CULTURE PAGE 2 PUBLIC BENEFIT When possible under the circumstances of the COVID-19 pandemic: All RMAC programs and events are free to the public. Those proposed by other artists or organizations who/that receive funding from the RMAC are required to meet at least one of the following accessibility requirements: 1) Marketing: outreach to under-served or culturally or linguistically isolated segments of the community so that they are aware of the program or event; 2) Admission: free entrance or reduced ticket prices for identified segments of the population that may not afford the cost of admission; and/or 3) Transportation: provide transportation to program or event for those with limited mobility and/or no other transportation options. Greater consideration for funding is given for enhanced accessibility. CONTRACTOR INSTRUCTIONS Please electronically sign this Contract within two weeks of receipt and return any required enclosures. You will not be able to make changes to this Contract. If there is an error in the document, or if you need to request changes in your Scope of Service or other items, please contact your Program Manager listed above. 1.Services – Please review the information, Specific Scope, and Public Benefit sections above carefully. These explain the services you are agreeing to provide in accordance with the application you submitted to 4Culture. 2.Enclosures – Please complete any required enclosures and upload them via our website at the link below. Enclosures with private information (e.g. social security numbers on a W-9) may also be mailed to 4Culture, 101 Prefontaine Pl S, Seattle, WA 98104-2672. a. Items to be returned at the time you sign the contract: W-9 b.At the time you are requesting payment, you will need to provide appropriate documentation such as an interim invoice, final invoice, evaluation, or digital photos. Please review your specific grant program requirements at 4Culture’s website: Manage Your Award. AGENDA ITEM #6. d) 4CULTURE PAGE 3 3.4Culture Logo – For details of the requirements for acknowledging 4Culture support, please refer to Section I, C. of the contract. The 4Culture logo is available for download in PDF, EPS, and Jpeg formats. Promote your 4Culture funded project using our Media Kit. Find out what’s required, what you can do, and how we can help. 4.Signature – Follow the link in the e-mail message - you will be walked through a few simple steps to read and sign the contract at DocuSign. A copy of the Contract will be e-mailed to you as a PDF after it has been signed by 4Culture’s Executive Director. AGENDA ITEM #6. d) 4CULTURE PAGE 4 AGENCY SERVICES CONTRACT THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY (“4Culture”), whose address is 101 Prefontaine Place South, Seattle, WA 98104-2672 and telephone number is (206) 296-7580 and the Contractor as named on the attached Contract Information Sheet. The Contractor is an art, cultural, preservation or historical organization or specialist identified by 4Culture as qualified to receive funds pursuant to King County Code Sections 2.48 and 4.42 and RCW 67.28.180 and as hereinafter may be amended. The 4Culture Board of Directors approved providing funds for this project in the motion referenced in the Contract Information Sheet. 4Culture desires to provide funds with which the Contractor shall render certain services to King County citizens. Such services are for the benefit of King County citizens and are provided by museums, performing arts experiences, heritage services and preservation activities and are consistant with those defined in RCW 67.28.180 (“Public Benefit Services”). 4Culture is organized pursuant to King County Ordinance 14482 and RCW 35.21.730, et seq. RCW 35.21.750 provides as follows: "[All] liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority." The legislative authority of 4Culture has found and declared that providing funds to Contractor to reimburse costs in consideration of services provided hereunder constitutes a public purpose with the meaning of Article VII, Section 1 of the Washington State Constitution for which public funds may properly be expended or advanced. NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: I. SCOPE OF SERVICES A. The Contractor shall provide services and comply with the requirements set forth hereinafter and in the Grant Information cover sheet. AGENDA ITEM #6. d) 4CULTURE PAGE 5 B. Purchase of Services. Funds awarded under this Agreement shall be used solely to reimburse the Contractor for expenses incurred solely in accordance with the Project Proposal and Budget made by the Contractor, and the final agreed upon Specific Scope of Services identified by 4Culture. The work described generally by the Project Proposal and Budget and more specifically by the Specific Scope of Services, including an identified Public Benefit shall hereinafter be referred to as the “Project”. C. Contractor agrees to acknowledge 4Culture support in all marketing and promotional materials, websites, brochures, press releases, advertisements, signage and other related materials during the period this contract is in force, with the credit line “this project was supported, in part, by 4Culture/King County Lodging Tax”, and/or by the use of the 4Culture logo. D. The Contractor agrees to notify 4Culture whenever possible in advance of any public benefit Project activities. II. DURATION OF CONTRACT This Agreement shall commence and terminate on dates noted on the Contract Information Sheet. This Agreement, however, may be terminated earlier as provided in Section IV hereof. III. COMPENSATION AND METHOD OF PAYMENT A. 4Culture shall reimburse the Contractor for its actual and authorized expenditures incurred in satisfactorily completing the services contracted for and otherwise fulfilling all other requirements specified in this contract in an aggregate amount indicated on the Contract Information Sheet. B. Contractor shall submit an invoice and any reports required, not more than 30 days after the completion of each specified phase identified there. 4Culture will initiate authorization for payment after approval of corrected invoices and reports. 4Culture shall make payment to the contractor not more than 60 days after an approved invoice is received. C. Contractor shall submit its final invoice and all outstanding evaluations, reports and deliverables within 30 days of the date this Agreement terminates. If the contractor’s final invoice and reports are not submitted by the day specified in this subsection, 4Culture will be relieved of all liability for payment to the contractor of the amounts set forth in said invoice or any subsequent invoice. AGENDA ITEM #6. d) 4CULTURE PAGE 6 D. If the Contractor fails to comply with any terms or conditions of this contract or to provide in any manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until 4Culture is satisfied that corrective action, as specified by 4Culture, has been completed. This right is in addition to and not in lieu of 4Culture’s right to terminate this contract as provided in Section IV, any other rights of4Culture under this Agreement and any other right or remedy available to4Culture at law or in equity. IV. TERMINATION OF AGREEMENT If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining allocation. Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or violation. V. MAINTENANCE OF RECORDS A. The Contractor shall maintain accounts and records, including personnel, property, financial, insurance and programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper accounting for all contract funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement. B. These records shall be maintained for a period of six (6) years after termination of this Agreement unless a longer retention period is required by law. VI. AUDITS AND EVALUATIONS A. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by 4Culture and/or federal/state officials so authorized by law during the performance of this Agreement and six (6) years after termination hereof. B. The Contractor shall provide right of access to its facilities, including by any subcontractor to 4Culture, the King County, state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Agreement. 4Culture will give advance notice to the Contractor in the case of fiscal audits to be conducted by 4Culture. AGENDA ITEM #6. d) 4CULTURE PAGE 7 C. The Contractor agrees to cooperate with 4Culture in the evaluation of the Contractor's performance under this contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17 (Public Records Act). VII. PROPRIETARY RIGHTS If any patentable or copyrightable material or article should result from the Project, all rights accruing from such material or article shall be the sole property of Contractor. Contractor agrees to and does hereby grant to 4Culture, an irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Agreement, solely for non- commercial publicity and marketing purposes. The foregoing license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of Contractor which are modified for use in the performance of this Agreement. 4Culture will not use, license, distribute or gift any of Contractor’s work, material, article or method for profit. VIII. FUTURE SUPPORT 4Culture makes no commitment to support the services contracted for herein nor guarantee regarding the success of the services and assumes no obligation for future support of the Project except as expressly set forth in this Agreement. AGENDA ITEM #6. d) 4CULTURE PAGE 8 IX. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Agreement, the Contractor is an independent contractor, and shall determine the means of accomplishing the results contemplated by this Agreement. Neither the Contractor nor its officers, agents or employees are employees of 4Culture for any purpose. The Contractor shall comply with all applicable federal and state laws and regulations regarding employment, minimum wages and hours, and discrimination in employment. The Contractor is responsible for determining the compensation of its employees, for payment of such compensation, and for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services. The Contractor and its officers, agents, and employees shall make no claim of career service or civil service rights which may accrue to a 4Culture employee under state or local law. 4Culture assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees and/or others by reason of this Agreement. To the extent allowed by law, the Contractor shall protect, defend, indemnify and save harmless 4Culture and its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes; (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Agreement. The Contractor shall also defend, indemnify, and save harmless 4Culture, and its officers, agents, and employees, from and against any and all claims made by Contractor’s employees arising from their employment with Contractor. B. To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify, and save harmless 4Culture its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting from the acts or omissions of the Contractor, its officers, employees, and/or agents, except to the extent resulting from 4Culture’s sole negligence. If this Agreement is a “a covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate” within the meaning of RCW 4.24.225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture, its officers, employees, and agents only to the extent of the Contractor’s, its officers’, employees’, and/or agents' negligence. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. Claims shall include, but are not 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. AGENDA ITEM #6. d) 4CULTURE PAGE 9 X. CONFLICT OF INTEREST A. Chapter 42.23 RCW (Code of Ethics for Municipal Officers--Contract Interests) is incorporated by reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter. Failure by the Contractor to comply with any requirements of such Chapter shall be a material breach of contract. B. In addition, Contractor represents, warrants and covenants that no officer, employee, or agent of 4Culture who exercises any functions or responsibilities in connection with the planning and implementation of the Specific Scope of Contract Services funded herein, has or shall have any beneficial interest, directly or indirectly, in this contract. The Contractor further represents, warrants and covenants neither it nor any other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in connection with this Agreement. The Contractor shall take all appropriate steps to assure compliance with this provision. XI. INSURANCE REQUIREMENTS A. Contractor shall procure, at its sole cost and expense, Commercial General Liability insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Contractor, his agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractors. Each policy shall be written on an "Occurrence" basis. B. Minimum Scope of Insurance shall be Insurance Services Office form number (CG 00 01 Ed. 11-88)—Minimum Combined Single Limit of $1,000,000 BI & PD with a General Aggregate per project. C. Deductibles and Self Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, 4Culture. The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility of the Contractor. AGENDA ITEM #6. d) 4CULTURE PAGE 10 D. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability Policies a.) 4Culture, its officers, employees and agents are to be covered as primary additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement. b.) To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary insurance as respects 4Culture, its officers, employees, and agents. Any insurance and/or self-insurance maintained by 4Culture, its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. c.) The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. All Policies a.) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as reduced in aggregate by paid claims, at any point during the life of this contract. No material change, or cancellation or nonrenewal of any policy required by this contract shall occur without thirty (30) days’ prior written notice to 4Culture. E. Acceptability of Insurers Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a Best's rating of no less than A:VIII, or, if not rated with Best's, with minimum surpluses the equivalent of Bests' surplus size VIII. F. Verification of Coverage 4Culture, reserves the right to request that contractor submit the certificate(s) of insurance evidencing compliance with all requirements set forth above. AGENDA ITEM #6. d) 4CULTURE PAGE 11 XII. NONDISCRIMINATION A. During the performance of this Agreement, Contractor shall comply with state, federal and local legislation requiring nondiscrimination in employment and the provision of services to the public, including, but not limited to: Title VI of the Civil Rights Act of 1964; chapter 49.60 RCW (the Washington state law against discrimination); K.C.C. chapter 12.16 regarding discrimination and affirmative action in employment by contractors, subcontractors and vendors; K.C.C. chapter 12.17 prohibiting discrimination in contracting; K.C.C. chapter 12.18 requiring fair employment practices; K.C.C. chapter and 12.22 prohibiting discrimination in places of public accommodation. B. The Contractor shall maintain, until 12 months after completion of all work under this contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Agreement. The Contractor shall make such documents available to 4Culture for inspection and copying upon request. XIII. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive officer of Contractor and the Executive Director of 4Culture at the addresses first written above. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XIV. GENERAL PROVISIONS No modification or amendment to this Agreement shall be valid unless made in writing and signed by the parties hereto. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 4Culture's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this Agreement are declared severable. The parties agree that this Agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. AGENDA ITEM #6. d) 4CULTURE PAGE 12 XV. ATTORNEYS' FEES; EXPENSES Contractor agrees to pay upon demand all of 4Culture's costs and expenses, including attorneys' fees and 4Culture's legal expenses, incurred in connection with the enforcement of this Agreement. 4Culture may pay someone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of such enforcement. Costs and expenses include 4Culture's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Contractor also shall pay all court costs and such additional fees as may be directed by the court. Notwithstanding the foregoing, subject to RCW 4.84.330, if either Contractor or 4Culture is the prevailing party in any action to enforce the provisions this Agreement, then such prevailing party shall be entitled to reasonable attorneys' fees in addition to costs and necessary disbursements. XVI. SURVIVAL The terms and conditions of Sections III, V, VI, VII, VIII, IX, XI, XII, XIII, XIV and XV shall survive the termination of this Agreement and shall be continuing obligations of the parties. 4CULTURE:CONTRACTOR: AGENDA ITEM #6. d) AB - 2838 City Council Regular Meeting - 05 Apr 2021 SUBJECT/TITLE: 2020 Washington State Department of Health SNAP Incentive Agreement Amendment 2 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community Services Department STAFF CONTACT: Carrie Olson, Farmers Market Coordinator EXT.: 7214 FISCAL IMPACT SUMMARY: Accept an additional $22,000.00, up to $34,500.00, as reimbursement from the Washington State Department of Health between April 1, 2020 and December 31, 2021 for Supplemental Nutrition Assistance Program (SNAP) incentives at the Renton Farmers Market. SUMMARY OF ACTION: From 2016 through 2020, the Renton Farmers Market has facilitated an incentive program for participants in the Supplemental Nutrition Assistance Program (SNAP). Known formerly as 'Fresh Bucks' the incentive was a dollar-for-dollar match of SNAP benefits to use at the Market, with the incentive money coming back to Renton Farmers Market in a reimbursement process from an original grant with the City of Seattle, now with Washington State Department of Health. With the sunset of that grant at the end of 2019, the Renton Farmers Market looks to continue this successful incentive program with funding from the Washington State Department of Health. This grant originally covered up to $7,500.00 in incentives as reimbursement, from April 1, 2020 though June 30, 2021, but with this second amendment, will allow up to an additional $22,000.00 as reimbursement through December 31, 2021. EXHIBITS: A. 2020 DOH SNAP Incentive Amendment 2 STAFF RECOMMENDATION: Approve Amendment 2 to the 2020 Washington State Dep artment of Health Supplemental Nutrition Assistance Program Incentive Agreement to accept funding at the Renton Farmers Market for April 1, 2020 through December 31, 2021. AGENDA ITEM #6. e) DOH Amendment GVL24912-2 Page 1 of 5 Revision 04/2020 CONTRACT AMENDMENT 1. NAME OF CONTRACTOR City of Renton - Farmers Market dba Renton Farmers Market 2. CONTRACT NUMBER GVL24912 ADDRESS OF CONTRACTOR (STREET) 1055 South Grady Way 2a. AMENDMENT NUMBER CITY, STATE, ZIP CODE Renton, WA 98057 2 3. THIS ITEM APPLIES ONLY TO BILATERAL AMENDMENTS. The Contract identified herein, including any previous amendments thereto, is hereby amended as set forth in Item 5 below by mutual consent of all parties hereto. 4. THIS ITEM APPLIES ONLY TO UNILATERAL AMENDMENTS. The Contract identified herein, including any previous amendments thereto, is hereby unilaterally amended as set forth in Item 5 below pursuant to that changes and modifications clause as contained therein. 5. DESCRIPTION OF AMENDMENT: The purpose of this amendment is to add federal funds, extend the period of performance to December 31, 2021, and add special requirements for participation in the Gus Schumacher Nutrition Incentive Program (GusNIP) grant from the U.S. Department of Agriculture (USDA). 5.a Statement of Work: Exhibit A-1 is revised in accordance with Exhibit A-2, attached hereto and incorporated herein. 5.b Consideration: This amendment increases the Contract Consideration by $22,000; therefore, the revised maximum consideration of this contract and all amendments shall not exceed $34,500. Source of Funds for this Amendment: (FED) $22,000; (ST) $0; (Other) $0; Total $22,000 Contractor agrees to comply with applicable rules and regulations associated with these funds. 5.c Period of Performance: remains is extended through December 31, 2021. 5.d The Effective Date of this Amendment: is effective Upon written notification from DOH that the Contractor has been approved by the USDA to participate in the GusNIP grant (approval from USDA can take up to 30 days after both parties have signed this contract. 6. All other terms and conditions of the original contract and any subsequent amendments thereto remain in full force and effect. 7. This is a unilateral amendment. Signature of contractor is not required below. Contractor hereby acknowledges and accepts the terms and conditions of this amendment. Signature is required below. 8. CONTRACTOR SIGNATURE (also, please print/type your name) {{Sig_es_:signer1:signature}} DATE {{Dte_es_:signer1:date}} 9. DOH CONTRACTING OFFICER SIGNATURE {{Sig_es_:signer2:signature}}_ }} DATE {{Dte_es_:signer2:date}} This document has been approved as to form only by the Assistant Attorney General. AGENDA ITEM #6. e) EXHIBIT A-2 STATEMENT OF WORK DOH Contract GVL24912-2 DOH Amendment GVL24912-2 Page 2 of 5 Revision 04/2020 SNAP Market Match PURPOSE: Washington State’s Fruit and Vegetable Incentive Program (FVIP) provides point of sale incentives to Supplemental Nutrition Assistance Program (SNAP) clients. One part of the FVIP is SNAP Market Match at farmers markets. Farmers markets will implement SNAP Market Match to increase the purchasing power of SNAP clients to purchase fruits and vegetables. SNAP Market Match is supported in part by a GusNIP grant. Scope of Work: 1. Implement the SNAP Market Match program, which includes but is not limited to: a. Providing $1 of fruit and vegetable “incentives” for $1 every SNAP clients use to purchase SNAP eligible items, up to $40 per day (daily customer “cap”). Incentives can only be used for fresh fruits, vegetables, mushrooms, fresh herbs, and edible plant starts. Using standard currency and promotional material as provided by DOH. 2. Report SNAP transaction data, which includes: a. SNAP and incentive distribution for each SNAP/EBT transaction each month – including transaction date, market name, SNAP sale amount, incentive distribution amount, last 8 digits of EBT card, and zip code. Reporting will be through the tablet/app provided by DOH. Farmers markets can use paper tracking during the market day, but need to transfer this data to the table/app. b. Farmers markets must return DOH issued tablet to DOH at the conclusion of contract period. c. SNAP and incentive redemption each month – including SNAP and incentive amount redeemed by vendors. Reporting will be to the designated Technical Assistance Provider, unless otherwise directed by DOH. 3. Market will provide courtesy notification to DOH when planning to use SNAP Market Match logo for promotional materials with a wide reach (i.e., videos, websites). Market will include the following funding statement on promotional materials: “SNAP Market Match is made possible and administered by Washington State Department of Health.” Market will also include a link to the SNAP Market Match website and the statement “find more information at www.doh.wa.gov/SNAPMarketMatch.” 4. Farmers markets must notify DOH when 75% of annual budget for SNAP Market Match incentives has been redeemed based on the 2021 budget detailed on page 4. This notification will allow DOH and the market time to amend this agreement as necessary. 5. Farmers markets must maintain copies of EBT batch settlement tape, EBT account records, and/or bank account information affiliated with EBT transactions. DOH may ask to see this information to verify payment to vendors for EBT currency. Farmers markets must make this information available to DOH upon request. See General Conditions 14. RECORDS, DOCUMENTS, AND REPORTS for DOH’s full record retention requirement. 6. Train staff, volunteers, and vendors on the statewide SNAP/EBT Match Program, with the assistance of the Washington State Farmers Market Association and a Technical Assistance Provider (designated by region by DOH). 7. Promote the SNAP/EBT Match program to SNAP clients at your farmers market. 8. Invoice Department of Health on a monthly basis (see Payment and Deliverable sections below). 9. Work with the region’s Technical Assistant Provider to troubleshoot issues related to the SNAP/EBT Match Program and reporting. Payment:  Payment will come from two different funding sources, with different payment periods and allowable reimbursements. See table on page 4 for a breakdown. 1. State funding must be used by June 30, 2021 and allowable reimbursement is for incentives redeemed only. State funding reimbursement cannot exceed $10,000. State funding must be spent down before contractor can bill to federal funding. AGENDA ITEM #6. e) EXHIBIT A-2 STATEMENT OF WORK DOH Contract GVL24912-2 DOH Amendment GVL24912-2 Page 3 of 5 Revision 04/2020 2. NEW for 2021: Federal funding must be used by December 31, 2021 and allowable reimbursements are for incentives and administrative costs (calculated at 10% of incentives). Federal funding reimbursement cannot exceed $22,000.  The contractor will invoice monthly on A-19 invoice form provided by DOH and send the invoice to a DOH designated email for timely processing and reimbursement.  Payment will only be dispersed if Deliverable #1 and #2 is up to date for the respective month. Funding Source Payment Period Amount DOH will reimburse Allowable reimbursements State July 1, 2020 – June 30, 2021 $10,000 Incentives Federal January 1, 2021 – December 31, 2021 $22,000, which includes:  Incentives: $20,000  Administrative Costs: $2,000  Total Federal: $22,000 Incentives and Administrative Costs (calculated at 10% of Incentives) Deliverables: 1. SNAP and incentive distribution for each SNAP/EBT transaction each month– including transaction date, market name, SNAP sale amount, incentive distribution amount, last 8 digits of EBT card, and zip code. 2. SNAP and incentive amounts redeemed by vendors each month. Special Requirements: Gus Schumacher Nutrition Incentive Program (GusNIP) Grant Project Participation 1. Firm Contact Information Street: 233 Burnett Avenue South, Renton, WA 98057 Mailing: 1055 South Grady Way, 6th Floor, Renton, WA 98057 FNS#: 049-9053 Operates: Tuesdays 3pm - 7pm, June-September 2. GusNIP Grant Project Participation a. Time Period: The Firm’s participation in DOH’s GusNIP grant project will occur during a time period defined as beginning January 1, 2021 and ending on August 30, 2023. b. Incentives offered at firm: customer of the Firm who participate in the federal Supplemental Nutrition Assistance Program (SNAP) will be eligible to use SNAP to purchase any SNAP eligible item and receive an incentive of $1 to spend on fresh vegetables, fresh fruits, mushrooms, fresh herbs, seeds, and plants that produce food up to $40 per day. 3. Data Collection: the Firm will provide the Grantee with all incentive transaction-related data necessary for a robust evaluation of the GusNIP grant project with the mutual understanding that this data will be furnished by USDA NIFA, FNS, and GusNIP evaluators. These data include: a. Site and Project Information i. Management or organizational structure of the program ii. Financial instrument used for SNAP and incentive purchases (tokens, scrip, electronic, etc.) iii. Retail locations, mobile routes, or other pertinent information to understand how the project improves access to healthy food for underserved, low-income consumers iv. Months of operation and operating days and hours AGENDA ITEM #6. e) EXHIBIT A-2 STATEMENT OF WORK DOH Contract GVL24912-2 DOH Amendment GVL24912-2 Page 4 of 5 Revision 04/2020 v. Whether it is a new SNAP incentive program or the continuation, expansion, or modification of an existing program vi. Whether program sites accept other nutrition assistance program benefits vii. Whether program sites collaborate with nutrition education programs or offer other experiential nutrition education activities viii. Expenses associated with establishment and operations of the program b. Incentive Program Information i. Fruit and vegetable products eligible for incentives ii. Incentive level (ratio and maximum) iii. Incentive delivery mechanism iv. Dollar value of SNAP purchases (per site/per year) v. Number of SNAP transactions (per site/per year) vi. Dollar value of incentives issued (per site/per year) vii. Dollar value of incentives redeemed (per site/per year) viii. Average incentive value redeemed per recipient (weekly/monthly/annually) c. Firm Regulations: the Firm will follow all relevant GusNIP and SNAP rules including, but not limited to, the following: i. The Firm will only accept incentives for GusNIP qualifying fruits or vegetables; ii. The Firm will never accept incentives for ineligible products (i.e., non-food, alcohol, tobacco, or hot food products); iii. The Firm will never exchange incentives for cash (i.e., trafficking); iv. The Firm will never provide cash or SNAP EBT change for incentives; v. The Firm will never provide cash or SNAP EBT refunds for incentives; vi. The Firm will never accept incentives from individuals known not to be legally entitled to possess incentives; vii. The Firm will never accept incentives to pay credit accounts; and, viii. The Firm will never knowingly provide false information of a substantive nature regarding their participation in the grant project. The Firm acknowledges that failure to abide by GusNIP and SNAP rules, at any firm location, may result in SNAP disqualification, civil money penalties, and/or criminal penalties. d. Grantee Regulations: The Grantee acknowledges that failure of the Grantee to abide by GusNIP grant program rules may result in rescission, in whole or in part, of grant funds. e. Grantee Responsibility for Firm: The Grantee acknowledges that they are responsible for overseeing firms participating in their grant project to ensure that SNAP and GusNIP rules are followed; and that they will be held responsible for instances of noncompliance that occur at any of their participating firms. The Grantee and the Firm hereby acknowledge the above regulations and agreements and commit to uphold them throughout the duration of the GusNIP grant program, or until this agreement is superseded by a future memorandum of understanding to ensure continued compliance with USDA FNS guidelines. AGENDA ITEM #6. e) EXHIBIT A-2 STATEMENT OF WORK DOH Contract GVL24912-2 DOH Amendment GVL24912-2 Page 5 of 5 Revision 04/2020 Sanctions: Sanction Table Violation Actions #1 Failure to comply or respond to Technical Assistant Provider inquiries If Technical Assistance Provider does not receive a response from market within 10 business days of original email, they will send follow-up email #2 Failure to comply or respond to Technical Assistant Provider inquiries If Technical Assistance Provider does not receive a response from market to follow-up email within 5 business days, they will send a second follow-up email and phone call #3 Failure to comply or respond to Department of Health inquiries If Technical Assistance Provider does not receive a response from market within another 5 business days they will escalate to Department of Health staff. DOH staff will call market and send a follow-up email with cc to TA. #4 Failure to comply or respond to Department of Health inquiries If DOH staff does not receive a response from market within 10 business days of email and call, DOH will terminate contract due to non-compliance effective 30 days from the last date of attempted contact. Both the Technical Assistance Provider and Department of Health staff will take into account the documented preferred communication method of the farmers market and attempt to contact them using that method when possible. Email and phone calls may be substituted for other means of communication per the markets documented preference (i.e. text messaging). AGENDA ITEM #6. e) AB - 2816 City Council Regular Meeting - 05 Apr 2021 SUBJECT/TITLE: Sunset Neighborhood Park Notice of Grant RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community Services Department STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director EXT.: 6619 FISCAL IMPACT SUMMARY: A recorded Notice of Grant is required to close out the grant agreement and receive the grant retainage amount of $39,672.00. SUMMARY OF ACTION: In 2018 Council authorized the Mayor and the City Clerk to execute the grant agreement with the State of Washington, Recreation and Conservation Office on behalf of the Recreation and Conservation Funding Board (RCFB)] to accept $500,000 (CAG-18-069). The grant, a federal Land and Water Conservation Fund grant (LWCF), is funded by the US Department of Interior through the National Park Service. Grant funding was for a one parcel acquisition and the development of the Sunset Neighborhood Park. Grant funding is received on a reimbursement basis and in order to receive the final retainage payment ($39,672.00) a Notice of Grant is required to be recorded. The requirement for a Notice of Grant (NOG) is specified in the Grant Agreement and the requirement t o record the NOG ensures that the present and future use of the facility is and shall remain subject to the terms and conditions described in the Grant Agreement. The entire park, parcel #7227801300 and parcel #7227801400 less the regional stormwater facility, will be encumbered by this document. Specifically the encumbered area will remain a park and continue to function as intended in perpetuity. Property conversion is not allowed and includes, but is not limited to, using property for purposes other th an which funds were approved and transferring property to another entity without prior approval via written amendment to the Agreement. All real property or facilities acquired, developed, renovated, and/or restored with funding assistance shall remain in the same ownership and in public use/access status in perpetuity. In accordance with the Grant Agreement, the Notice of Grant formalizes the present and future use for Sunset Neighborhood Park (less the regional stormwater facility) in perpetuity. EXHIBITS: A.20161115_Master Plan B. Boundary Map C.16-1772 Sunset Notice of Grant 3-16-21 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Notice of Grant; record the Notice of Grant with King County. AGENDA ITEM #6. f) Adopted: November 3, 2014 Amended: November 15, 2016 0 20 40 80 feetN Sunset Neighborhood Park Master Plan Full Master Plan Investing in Housing ● Jobs ● Education ● Health ● Environment ● Transportation NE 10 T H S T SUNSET LN NESUNSET LN NESUN S E T LN N E G L ENWOO D A V E HARRINGTON AVEHARRINGTON AVERenton Highlands Library Market Rate Housing / Mixed UseMarket Rate Housing Market Rate Housing RHA Housing Accent Tree Specimen Tree Street Tree Native Evergreen Tree Lawn Planting Area (Shrub & Groundcover) RHA Housing RHA Housing Entry Sign Teen / Adult Fitness Pervious Pavement with 6” Concrete Curb Edges Pergola Structure with Curved Benches Restroom with Pergola Structure over Breezeway Performance Seating / Open Space Lawn Water Feature Bench with Planters Viewing / Picnic Gazebo Load / Unload Raingarden, Typ. Playground (5-12 yr) Playground (2-5 yr)Curbs and Step-Off Pads Installed During Sunset Lane NE Construction Existing Raingardens Pergola with Free Library and Seating Curved Bench with Interpretive Sign Art Location Art Location LEGEND “Stage Area” Picnic Area AGENDA ITEM #6. f) Aerial Imagery from King County 2019 Map Date: 1/5/2021 Map By: AA SUNSET NEIGHBORHOOD PARK 2680 Sunset Lane NE Renton, WA 98056 LWCF Boundary Map RCO 16-1772C LWCF# 53-00723 King County Parcels: 7227801300 (0.18 acres): Parcel 7 of Lot Line Adjustment under King County Recording No. 20160603900008. [Grant Funded Acquisition Parcel] 7227801400 (3.03 acres): Parcel 1 of Lot Line Adjustment under King County Recording No. 20160603900008. Total LWCF Acreage (Park parcels less Regional Stormwater Facility): 2.89 acres LEGEND: LWCF Boundary (Sunset Neighborhood Park) Boundary Exception Area Regional Stormwater Facility (0.32 acres) PSE Easement (AFN 20160926001226) NE 10th St N E 1 0 t h S t Sunset Ln NESunset Ln NENE Sunse t B lvd NE Sunset BlvdSunset Ln NEGlennwood Ave NEHarringtonAve NEHar r ing ton Ave NE N 1"=82' KCLS Renton Highlands Library 7227801300 7227801400 AGENDA ITEM #6. f) Upon recording return to: Washington State Recreation and Conservation Office Attn: DeAnn Beck, Outdoor Grants Manager PO Box 40917 Olympia, WA 98504-0917 NOTICE OF GRANT (Sunset Neighborhood Park Phase II-L) Grantor: CITY OF RENTON, a Washington municipal corporation Grantee: STATE OF WASHINGTON, acting by and through THE WASHINGTON STATE RECREATION AND CONSERVATION FUNDING BOARD, administered by the WASHINGTON STATE RECREATION AND CONSERVATION OFFICE Abbreviated legal description: Ptn Parcel 1 and Parcel 7 City of Renton LLA, LUA16ဨ000132, King County Rec. No. 20160603900008 (More particularly described in Exhibit A (Legal Description) and as depicted in Exhibit B (Property Map)) Tax Parcel No(s)**: 7227801400 and 7227801300 Reference Numbers of Documents Assigned or Released: Transfer deed, AFN 20160705001635 (**note KC Tax Parcel No. 7227801305 no longer exists and was reassigned under LUA16- 000132) This Notice of Grant is recorded to acknowledge certain restrictions and covenants on land developed with funds from the Land and Water Conservation Fund (hereinafter “LWCF”) administered by the United States Department of the Interior, National Park Service (hereinafter “Service”) and by the State of Washington, acting by and through the Washington State Recreation and Conservation Funding Board and administered by the Washington State Recreation and Conservation Office (hereinafter “Grantee”). 3DJH1 RI AGENDA ITEM #6. f) 3DJHRI City of Renton (hereinafter “Grantor”), its successors and assigns, acknowledge that the property commonly known as Sunset Neighborhood Park in King County, State of Washington, legally described in Exhibit A and shown in Exhibit B, which is attached hereto and made part hereof (hereinafter “Project Area”), was developed in whole or in part with funds received from the LWCF State Assistance Program established by the Land and Water Conservation Fund Act of 1965, administered by the Service and administered by the Grantee, its successors and assigns. Grantor, its successors and assigns, Grantee, its successors and assigns, and the Project Area are subject to the terms and conditions of the Service’s LWCF Grant Agreement Number P17AP00308/53-00723 and RCO Project Agreement Number 16-1772C (hereinafter “Grant”). Copies of the Agreements are kept on file at the offices of the Service, 5LYHUIURQW'ULYH, 2PDKD1( the Grantor, 1055 South Grady Way, Renton, WA 98057, and the Grantee, 1111 Washington Street SE, Olympia, WA 98501. Grantee and Grantor hereby confirm their obligations and responsibilities with regards to the Project Area pursuant to the terms and conditions associated with the Grant, including a restriction on conversion to other than public outdoor recreation uses. REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES TO FOLLOW AGENDA ITEM #6. f) GRANTOR: CITY OF RENTON, a Washington municipal corporation By: Name: Armondo Pavone Title: Mayor Dated this ________ day of ______________________, 20 . ATTEST: Jason A. Seth, City Clerk STATE OF WASHINGTON ) ) ss COUNTY OF _______________ ) I certify that I know or have satisfactory evidence that________________________________ is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledge it as the _______________________________ for the Grantor, _________________________________and to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Signed: Notary Public in and for the State of Washington, residing in ______________________________________. My commission expires ___________________________. 3DJHRI AGENDA ITEM #6. f) GRANTEE: STATE OF WASHINGTON, acting by and through THE WASHINGTON STATE RECREATION AND CONSERVATION FUNDING BOARD, administered by the WASHINGTON STATE RECREATION AND CONSERVATION OFFICE By: Name: Scott T. Robinson Title: Deputy Director Dated this day of , 20 . STATE OF WASHINGTON ) ) ss COUNTY OF _______________ ) I certify that I know or have satisfactory evidence that __________________________ is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledge it as the ________________________________ for the Recreation and Conservation Office and to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Signed: Notary Public in and for the State of Washington, residing in ______________________________________. My commission expires ___________________________. 3DJHRI AGENDA ITEM #6. f) 3DJHRI Exhibit A Project Area Legal Description Parcel 1 and Parcel 7 according to City of Renton Lot Line Adjustment No. LUA16-000132, per Recording No. 20160603900008, Records of King County, Washington. EXCEPT that portion for Regional Stormwater Facility described as follows: Commencing at the Southeasterly corner of Parcel 7 of said Lot Line Adjustment; Thence South 59°30’33” East, a distance of 67.63 feet to the True Point of Beginning; Thence North 34°53’19” East, a distance of 95.02 feet; Thence South 55°07’15” East, a distance of 75.00 feet; Thence South 32°43’37” East, a distance of 92.00 feet; Thence South 34°53’19” West, a distance of 60.00 feet; Thence North 55°06’41” West, a distance of 160.06 feet to the True Point of Beginning. Situate in the Northwest Quarter of Section 9, Township 23 North, Range 5 East, W.M., City of Renton, County of King, State of Washington. Containing 2.89 Acres More or Less AGENDA ITEM #6. f) 3DJHRI AGENDA ITEM #6. f) AB - 2817 City Council Regular Meeting - 05 Apr 2021 SUBJECT/TITLE: Sunset Neighborhood Park Deed of Right RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community Services Department STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director EXT.: 6619 FISCAL IMPACT SUMMARY: A recorded Deed of Right is required to close out the grant agreement and receive the grant retainage amount of $39,672.00. SUMMARY OF ACTION: In 2018 Council authorized the Mayor and the City Clerk to execute the grant agreement with the State of Washington, Recreation and Conservation Office [on behalf of the Recreation and Conservation Funding Board (RCFB)] to accept $500,000 (CAG-18-069). The grant, a federal Land and Water Conservation Fund grant (LWCF), is funded by the US Department of Interior through the National Park Service. Grant funding was for a one parcel acquisition and the development of the Sunset Neighborhood Park. Grant funding is received on a reimbursement basis and in order to receive the final retainage payment ($39,672.00) a Deed of Right is required to be recorded. The Deed of Right is required by the State Recreation and Conservation Office for and in consideration of monies coming in whole or in part from the federal Land and Water Conservation Fund account and as defined by RCFB Acquisition Manual 3. The Deed is recorded to ensure that the present and future use of acquisition funded parcels are and shall remain in public use. One parcel, Parcel 7, (tax # 7227801300) was acquired with grant funding (formerly known as the Node Parcel). The Deed of Right only encumbers Parcel 7. Specifically the encumbered area shall allow public access, shall provide access for future compliance inspections ensuring the terms of the Deed and Project Agreement are met, the Grantor (City) shall not use or allow any use of the Real Property (parcel 7) that is inconsistent with recreation purposes, and the Grantor (City) shall not grant or suffer the creation of any property interest (conversion) that is inconsistent with recreation purposes as per the project agreement. In accordance with the Deed of Right, the present and future use for Parcel 7 of the Sunset Neighborhood Park shall remain in public use in perpetuity. EXHIBITS: A. 20161115_Master Plan B. Boundary Map C. 16-1772 Sunset Deed of Right (DOR) 3-17-21 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Deed of Right; record the Deed of Right with King County. AGENDA ITEM #6. g) Adopted: November 3, 2014 Amended: November 15, 2016 0 20 40 80 feetN Sunset Neighborhood Park Master Plan Full Master Plan Investing in Housing ● Jobs ● Education ● Health ● Environment ● Transportation NE 10 T H S T SUNSET LN NESUNSET LN NESUN S E T LN N E G L ENWOO D A V E HARRINGTON AVEHARRINGTON AVERenton Highlands Library Market Rate Housing / Mixed UseMarket Rate Housing Market Rate Housing RHA Housing Accent Tree Specimen Tree Street Tree Native Evergreen Tree Lawn Planting Area (Shrub & Groundcover) RHA Housing RHA Housing Entry Sign Teen / Adult Fitness Pervious Pavement with 6” Concrete Curb Edges Pergola Structure with Curved Benches Restroom with Pergola Structure over Breezeway Performance Seating / Open Space Lawn Water Feature Bench with Planters Viewing / Picnic Gazebo Load / Unload Raingarden, Typ. Playground (5-12 yr) Playground (2-5 yr)Curbs and Step-Off Pads Installed During Sunset Lane NE Construction Existing Raingardens Pergola with Free Library and Seating Curved Bench with Interpretive Sign Art Location Art Location LEGEND “Stage Area” Picnic Area AGENDA ITEM #6. g) Aerial Imagery from King County 2019 Map Date: 1/5/2021 Map By: AA SUNSET NEIGHBORHOOD PARK 2680 Sunset Lane NE Renton, WA 98056 LWCF Boundary Map RCO 16-1772C LWCF# 53-00723 King County Parcels: 7227801300 (0.18 acres): Parcel 7 of Lot Line Adjustment under King County Recording No. 20160603900008. [Grant Funded Acquisition Parcel] 7227801400 (3.03 acres): Parcel 1 of Lot Line Adjustment under King County Recording No. 20160603900008. Total LWCF Acreage (Park parcels less Regional Stormwater Facility): 2.89 acres LEGEND: LWCF Boundary (Sunset Neighborhood Park) Boundary Exception Area Regional Stormwater Facility (0.32 acres) PSE Easement (AFN 20160926001226) NE 10th St N E 1 0 t h S t Sunset Ln NESunset Ln NENE Sunse t B lvd NE Sunset BlvdSunset Ln NEGlennwood Ave NEHarringtonAve NEHar r ing ton Ave NE N 1"=82' KCLS Renton Highlands Library 7227801300 7227801400 AGENDA ITEM #6. g) Page 1 of 7 Upon Recording, Please Return To: DeAnn Beck,Outdoor Grants Manager Washington State Recreation and Conservation Office PO Box 40917 Olympia, WA 98504‐0917 DEED OF RIGHT TO USE LAND FOR PUBLIC OUTDOOR RECREATION PURPOSES (Sunset Neighborhood Park Phase II-L) Grantor: CITY OF RENTON, a Washington municipal corporation Grantee: STATE OF WASHINGTON, acting by and through the WASHINGTON STATE RECREATION AND CONSERVATION FUNDING BOARD and the WASHINGTON STATE RECREATION AND CONSERVATION OFFICE, including any successor agencies Abbreviated Legal Description: Parcel 7 City of Renton LLA, LUA16‐000132, King County Rec. No. 20160603900008 (More particularly described in Exhibit A (Legal Description) and as depicted in Exhibit B (Property Map)) Assessor's Property Tax Parcel Number(s)**: 7227801300 Reference Numbers of Documents Assigned or Released: Transfer deed, AFN 20160705001635 (**note KC Tax Parcel No. 7227801305 no longer exists and was reassigned under LUA16-000132) The Grantor enters this Deed for and in consideration of monies coming in whole or in part from the Land and Water Conservation Fund Account. Such grant is made pursuant to the Project Agreement entered into between the Grantor and the Grantee entitled “Sunset Neighborhood Park Phase II-L” , Project Number 16‐1722C signed by the Grantor on the 16th day of April, 2018 and the Grantee the 7th day of May, 2018 and supporting materials which are on file with the Grantor and the Grantee in connection with the Project Agreement. The Grantor hereby conveys and grants to the Grantee as the representative of the people of the State, the right to enforce the following duties: AGENDA ITEM #6. g) Page 2 of 7 1.The Grantor shall take such reasonable and feasible measures as are necessary to protect the Real Property as described in Exhibit A: Legal Description for public outdoor recreation purposes, consistent with the Project Agreement, so as to provide public access to outdoor recreation opportunities in perpetuity and protect public outdoor recreation and park resources. 2.The Grantor shall allow public access to the Real Property as provided in the Project Agreement. Such access shall be subject to the restrictions allowed under the Project Agreement, by written agreement with the Grantee, or under state law. This provision is not intended to prevent reasonable access or use restrictions that are necessary for safe and effective management of the property consistent with outdoor recreation purposes and the Project Agreement. 3.The Grantor shall provide access to the Grantee to inspect the Real Property for compliance with the terms of this Deed and the applicable Project Agreement to which the Grantor is a signatory. Such access shall be subject to the restrictions, if any, allowed under the Project Agreement, by written agreement with the Grantee, or under state law. The Grantor warrants it has and shall maintain the legal right and means to reach the Real Property. 4.Without the prior written consent of the Grantee or its successors, through an amendment to the Project Agreement or the process set forth below, the Grantor shall not use or allow any use of the Real Property (including any part of it) that is inconsistent with the recreation purposes herein granted and as stated in the Project Agreement. The Grantor shall also not grant or suffer the creation of any property interest that is inconsistent with the recreation purposes herein granted and as stated in the Project Agreement. Grantee's consent to an inconsistent use or property interest under this Deed shall be granted only to the extent permitted by law and upon the following three conditions, which ensure the substitution of other eligible land. The conditions are: (1) the substitute recreation land must be of reasonably equivalent usefulness and location for the public outdoor recreation purposes as the Real Property prior to any inconsistent use; (2) the substitute recreation land must be of at least equal fair market value to the Real Property at the time of Grantee's consent to the inconsistent use; and (3) the fair market value of the Real Property at the time of the Grantee's consent to the inconsistent use shall not take into consideration any encumbrances imposed on or alterations made to that land as a result of the original state grant and other grants if such encumbrances or alterations reduce the value of the Real Property from what it would be without them. For purposes of this Deed the Project Agreement includes any amendments thereto that occur prior or subsequent to the execution of this Deed. This Deed contains covenants running with the land and shall be binding upon the Grantor, its successors and assigns, and upon any person acquiring the Real Property, or any portion AGENDA ITEM #6. g) Page 3 of 7 thereof, or any interest therein, including a leasehold interest, whether by operation of law or otherwise. If the Grantor sells all or any portion of its interest, the new owner of the Real Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be subject to applicable covenants and requirements under the Deed. This Deed may not be removed or altered from the Real Property unless specific approval has been granted by the Washington State Recreation and Conservation Office and/or the Washington State Recreation and Conservation Funding Board or its successors. The Washington State Recreation and Conservation Office and the Washington State Recreation and Conservation Funding Board and/or its successors shall each have a separate and independent right to enforce the terms of this deed. REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES TO FOLLOW AGENDA ITEM #6. g) Page 4 of 7 GRANTOR: CITY OF RENTON, a Washington municipal corporation By: Name: Armondo Pavone Title: Mayor Dated this day of , 20 . ATTEST: Jason A. Seth, City Clerk STATE OF WASHINGTON ) COUNTY OF KING ) I certify that I know or have satisfactory evidence that Armondo Pavone is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledge it as the Mayor for the Grantor, City of Renton and to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Signed: Notary Public in and for the State of Washington, residing in . My commission expires . REMAINDER OF PAGE IS INTENTIONALLY BLANK; ADDITIONAL SIGNATURE PAGE FOLLOWS AGENDA ITEM #6. g) Page 5 of 7 GRANTEE: STATE OF WASHINGTON, acting by and through THE WASHINGTON STATE RECREATION AND CONSERVATION FUNDING BOARD, administered by the WASHINGTON STATE RECREATION AND CONSERVATION OFFICE By: Name: Scott T. Robinson Title: Deputy Director Dated this day of , 20 . STATE OF WASHINGTON ) COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledge it as the for the Recreation and Conservation Office and to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Signed: Notary Public in and for the State of Washington, residing in . My commission expires . AGENDA ITEM #6. g) Page 6 of 7 Exhibit A Acquisition Area Legal Description Parcel 7 according to City of Renton Lot Line Adjustment No. LUA16-000132, per Recording No. 20160603900008, Records of King County, Washington. Situate in the Northwest Quarter of Section 9, Township 23 North, Range 5 East, W.M., City of Renton, County of King, State of Washington. AGENDA ITEM #6. g) Page 7 of 7 AGENDA ITEM #6. g) AB - 2832 City Council Regular Meeting - 05 Apr 2021 SUBJECT/TITLE: CAG-20-061 - Addendum 1 Time Extension The Alford Group RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community Services Department STAFF CONTACT: Roberta Graver, Administrative Assistant EXT.: 6600 FISCAL IMPACT SUMMARY: $140,000 is currently budgeted in the Family First Center Capital Fund SUMMARY OF ACTION: Requesting approval of Amendment No. 1 of CAG-20-061 extending the expiration date of the contract to June 30, 2022, and ratification of the original contract with The Alford Group in the amount of $140,000.00 for the purpose of providing as-needed services related to the coordination and adherence to terms of grants and donations during construction of the Family First Community Center. The contract extension request is also due to the delay in permitting and start of construction of the Family First Community Center because of the state mandated restrictions related to the 2020 Covid-19 pandemic. EXHIBITS: A. CAG-20-061 Addendum 1 Contract Time Extension - The Alford Group B. CAG-20-061 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Addendum No. 1 of CAG-20-061, extending the expiration date of the contract to June 30, 2022 and ratification of the original contract with The Alford Group in the amount of $140,000.00 for the purpose of providing as-needed services related to the coordination and adherence to terms of grants and donations during the construction of the Family First Community Center. AGENDA ITEM #6. h) AMENDMENT NO. 1 AGREEMENT FOR CAG 20‐061 CAPITAL CAMPAIGN ASSESSMENT AND COUNSEL THIS AMENDMENT, dated March 2, 2021, is by and between the City of Renton (the “City”), a Washington municipal corporation, and The Alford Group (“Consultant”). The City and the Consultant are referred to collectively in this Amendment as the “Parties.” Once fully executed by the Parties, this Amendment is effective as of the last date signed by both parties. Whereas, the City engaged the services of the Consultant under Agreement CAG‐20‐061, dated March 6, 2020, to provide necessary services for capital campaign assessment, planning and counsel (referred to herein as the “Agreement”); Whereas, the Parties wish to amend the Agreement to change the time of performance to June 30,2022 in order to provide necessary services. NOW THEREFORE, it is mutually agreed upon that CAG‐20‐061 is amended as follows: 1.Time of Performance: Section 3, Time of Performance, is amended to June 30, 2022. Work shall be performed by no later than June 30, 2022. 2.Compensation: Section 4, Compensation, remains unchanged with a total compensation amount not‐to‐exceed of $140,000, plus any applicable state and local sales taxes. 3.All the terms of the Agreement not explicitly modified herein shall remain in full force and effect and such terms shall apply to Work performed according to this Amendment as if fully set forth herein. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Amendment as of the date last signed by the Parties below. CITY OF RENTON By: Armando Pavone Mayor CONSULTANT By: Sharon Tiknis Chief Client Experience Officer AGENDA ITEM #6. h) March 12, 2021 Date Date Attest Jason A. Seth City Clerk Approved as to Legal Form By: Shane Moloney City Attorney Contract Template Updated 01‐15‐2020 Clb 3‐3‐21 (1141) PAGE 2 OF 2 AGENDA ITEM #6. h) CAG-20-061 AGREEMENT FOR CAPITAL CAMPAIGN ASSESSMENT, PLANNING AND COUNSEL THIS AGREEMENT, dated March k, 2020, is by and between the City of Renton (the "City"), a Washington municipal corporation, and The Alford Group ("Consultant"). The City and the Consultant are referred to collectively in this Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide capital campaign assessment, planning and counsel related to the Family First Community Center as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the "Work." 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications.Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. 3.Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than June 30, 2021. 4.Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $140,000.00, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s)or amounts specified in Exhibit A.The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed,the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and the rate for the Work. The AGENDA ITEM #6. h) Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant's performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement.The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving thirty (30) calendar days' notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City,the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards 0 PAGE 2OF1O AGENDA ITEM #6. h) and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City's or other's adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7.Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8.Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act,Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order.The provisions of this section shall survive the expiration or termination of this Agreement. 9.Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement.The nature of the relationship between the Consultant and the City PAGE 3OF10 AGENDA ITEM #6. h) during the period of the Work shall be that of an independent contractor, not employee.The Consultant, not the City,shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant's failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City's sole negligence: Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate...) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant's liability shall be only to the extent of Consultant's negligence. C114 PAGE 4 OF 10 AGENDA ITEM #6. h) It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant's waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City's Code of Ethics and state law,the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant's performance of the Work. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cros/One.aspx?portal ld=7922741&pageld=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-mv-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single CiMe PAGE 5 OF 10 AGENDA ITEM #6. h) limit, if there will be any use of Consultant's vehicles on the City's Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City's insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. F. Subject to the City's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant's reasonable control. When such delays beyond the Consultant's reasonable control occur,the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service.Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON CONSULTANT Russ Woodruff 1oAnn Yoshimoto 1055 South Grady Way 200 W Mercer St, Suite E-304 Renton, WA 98057 Seattle, WA 98119 Phone: (425) 430-6602 Phone: (206) 548-0451 x20 rwoodruff@rentonwa.gov jyoshimoto@alford.com 0 PAGE 6 OF 10 AGENDA ITEM #6. h) 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant's agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement's non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous:The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if 0 PAGE 7OF1O AGENDA ITEM #6. h) Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker's Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City's project manager is Russ Woodruff. In providing Work, Consultant shall coordinate with the City's contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant's employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. _Joint Drafting Effort.This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the PAGE 8OF10 AGENDA ITEM #6. h) other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington,or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant's performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. 0 PAGE 9OF10 AGENDA ITEM #6. h) N. Counterparts. The Parties may execute this Agreement in any number of counterparts,each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF ENTON CONSULTANT By: By: 4‘t > fr to Pavone, Mayor Ka en Rotko-Wynn Executive Vice President 03.0/0. 2rb idad rh 9 Date Date Attest o Jas A. et Ci Clerk Approved as to Legal Form By: .,d10"t-e Shane Maloney City Attorney 2-27-20 clb 1141 Non-standard tttti i1aY 1111 ti 17. /".j 9. 1 e PAGE 10OF10 AGENDA ITEM #6. h) r 11,4 a Exhibit A 1 THE ALFORD GROUP— Proposed Contract for Mid - Campaign Assessment & Planning and Campaign Counsel Presented by The Alford Group to Family First Community Center City of Renton February 28, 2020 Primary Contact: JoAnn Yoshimoto, CFRE The Alford Group 206-548-0451 x20 ivoshimoto(a alford.com The specifications of this proposal, including the professional fee and availability of the consulting team, are valid for sixty(60)days following submission of this proposal. CREATE IMPACT, DEEPEN IMPACT www.alford.com AGENDA ITEM #6. h) 47 THE ALFORD GROUI"" February 28, 2020 Kelly Beymer Administrator, Community Services City of Renton 1055 South Grady Way, 6th Floor Renton, WA 98057-3232 Dear Kelly, Thank you very much for the recent conversations and for inviting The Alford Group to submit this proposed contract for services to you. It would be an honor and a pleasure to work with you to achieve your philanthropic goals for the Family First Community Center! It is our aim to tailor the process to your specific needs and timeline, and to align this process with other strategic priorities to enhance financial sustainability and build organizational fundraising capacity. The greatest benefit of a well-conducted assessment and campaign is that it takes an objective perspective of your unique situation and opportunities and it truly engages and invigorates those who participate. Staff, donors and other community leaders will explore the philanthropic potential and engage in a process that will delve into questions about capacity, efficiency, leadership and key messages. We bring to the process professional creativity, years of fundraising and management experience, familiarity with the philanthropic communities and — most importantly—the structure, skills and attitudes to motivate staff and volunteers and impose the discipline and order necessary to grow philanthropic potential. It would be a pleasure to work with you and Family First Community Center to forward your mission to provide a recreational facility in the City of Renton to enhance the stability of the community by helping families achieve goals in education, fitness and overall health. Thank you very much for this opportunity to introduce our services to you! We will make ourselves available to begin work on this project as soon as you are ready. Thank you again for consideration of The Alford Group's qualifications and proposal for services. I look forward to seeing you soon! Sincerely, jk/4/1/t/1 JoAnn Yoshimoto, CFRE Associate Senior Consultant 200 W Mercer St,Suite E-304 Seattle,WA 98119 Chicago (312)929,1646 New York (845)439-1242 Seattle (206)548 0451 AGENDA ITEM #6. h) Family First Community Center/City of Renton Proposed Contract for Mid-Campaign Assessment & Planning and Campaign Counsel February 28, 2020 It is a pleasure to present this proposal to Family First/City of Renton for Mid-Campaign Assessment & Planning and Campaign Counsel services to be provided by The Alford Group. Family First has been in the early stages of a major capital campaign to raise $15 million to construct a community center in Benson Hill. We understand that the vision is to provide a recreational facility to enhance the stability of the community by helping families achieve goals in education, fitness and overall health. Thus far, approximately $10.3 million has been pledged and/or received, and approximately $4.7 million must be raised by May 2021. The urgency of planning, preparation and securing philanthropic support for this project cannot be overstated. The success of this Capital Campaign is crucial to the overall success of the project. Family First has enjoyed the leadership and investment of former Seahawk Doug Baldwin, along with former Mayor Denis Law, the Renton City Council, and Community Services staff members Kelly Beymer and Russ Woodruff. With renewed energy, campaign focus and discipline, a realistic timeframe for raising the remaining funds can be determined and achieved. The Alford Group believes that the best course of action at this juncture is to conduct a mid- campaign assessment and planning phase, which will overlap with elements of the leadership phase of the campaign. During the initial assessment we will interview key staff, current and potential donors, key campaign volunteer leaders, as well as review current fundraising strategies, staffing structures, and the campaign's progress to date. This swift yet thorough assessment will yield an informed plan of action moving forward. Simultaneously, we propose continuing efforts to engage the key volunteer leaders, and the top five potential lead donors with a goal of securing their gifts early in the process. Our scope of work for conducting the assessment along with an outline of primary campaign activities that will drive the campaign to successful completion follows in the pages below. It would be our honor to serve Family First and the many writers throughout the region who rely on your services each and every day. The Alford Group would be honored to partner with Family First as you continue this exciting journey. Mid-Campai• n Assessment & Plannin• March 1, 2020 — May 31, 2020 Goal of Service The primary goal of the mid-campaign assessment and planning phase will be to take a step back, evaluate the opportunities and provide Family First with recommendations for successfully completing a major philanthropic campaign. The assessment methodology will thoroughly examine six key areas crucial to your philanthropic success, engage and cultivate stakeholders and potential donors, and build the culture of philanthropy throughout the organization. Areas of Analysis Through a few strategic interviews, the engagement of key staff and volunteer leaders, and a mid-campaign assessment, The Alford Group will assess six key areas that are critical to the success of any major campaign effort. These six areas are: The Alford Group& Family First Community Center Page 2 Proposed Contract for Mid-Campaign Assessment&Planning and Campaign Counsel February 28, 2020 V ' AGENDA ITEM #6. h) Family First image and reputation Appeal of the campaign vision Gift potential/financial capacity Availability of volunteer leadership Climate and timing Internal readiness Critical issues—potential obstacles to the campaign, if any See Appendix A for a more in-depth description of each area of analysis. Focus of Activities Responsibilities of The Alford Group The Alford Group will partner closely with Family First's staff and key volunteer leadership throughout the mid-campaign assessment and planning process. Based on our understanding of your plans and needs, we have designed the following methodology for our work together during this assessment stage: 1. Tailor the process At an initial kick-off meeting, The Alford Group consulting team and Family First staff leadership will: clarify and confirm the planning process define roles and responsibilities establish timelines begin to identify community members as potential interviewees and/or members of the leadership cabinet We will review relevant organizational materials and talk individually with key leaders to gain a thorough understanding of Family First and the issues and factors that could affect the campaign. 2. Establish volunteer leadership Volunteer leadership is the most critical component of a successful capital campaign. Family First has successfully engaged some key community leaders to date. We will work with you to identify, cultivate and recruit additional campaign leadership who will provide oversight during the assessment and leadership in the identification, cultivation and solicitation process during the leadership phase of the campaign. The Alford Group will guide Family First in identifying and recruiting additional selected individuals to join your leadership committee. 3. Refine the case document for the campaign The Alford Group and Family First staff will work together to affirm and fine-tune a concise and compelling written case prospectus to be used in tandem with the campaign brochure, articulating the need for the proposed campaign and clearly describing how the entire community will benefit from the campaign's successful completion. The valuable feedback from interviewees will help shape recommendations and key messages, and in crafting a final case statement for use in the campaign. The Alford Group& Family First Community Center Page 3 ` Proposed Contract for Mid-Campaign Assessment& Planning and Campaign Counsel February 28, 2020 W ' AGENDA ITEM #6. h) 4. Conduct highly personalized interviews/Engage key stakeholders and donors One-on-one interviews/conversations will be conducted as a means of testing the proposed campaign priorities with and cultivating prospective donors and other key stakeholders. Interviewees will be asked to provide their perspective and input on the case prospectus, campaign priorities, other potential interviewees, their possible participation in the campaign, and more. These engaging, private conversations with an objective "third-party" will yield valuable information about interviewees' perceptions and will help inform overall campaign strategy. The Alford Group will develop a comprehensive questionnaire for use in interviewing a diverse group of community stakeholders including (but not limited to) selected current and past volunteer leaders; past, current and prospective donors; neighbors; business leaders; and other key stakeholders as identified. Senior-level consultants will conduct 12— 15 confidential, highly personalized, face-to- face interviews, at a time and location most convenient for each interviewee, allowing ample time for each interview in order to fully explore the issues surrounding the campaign. 5. Analyze donor data, trends and gaps To inform our recommendations for internal readiness and campaign strategies regarding donor constituencies, we will review donor history, mailing lists, and other information to identify important opportunities for Family First's campaign and future giving programs including major, annual, planned, corporate and foundation giving. This analysis will be critical in ensuring that all currently secured opportunities and relationships are fully explored with added naming and community match opportunities. In partnership with The Alford Group, results will allow Family First to strategically plan for staffing/resource/time allocation, make informed donor cultivation, solicitation and campaign decisions, build cases for targeted donor solicitation, strengthen the case for support and capacity building, and provide a sound foundation of informed data-driven decision making. 6. Compile and analyze findings, present recommendations and a campaign plan The Alford Group will compile the information gathered as a result of the interviews and evaluate the implications in relation to the six areas of analysis mentioned above. We will prepare a brief written executive summary that will include findings from the assessment, an analysis of what those findings mean in the context of the current campaign, and recommendations and strategies for moving forward to target the right prospects as well as an integrated community/public phase suited to highlight and celebrate Mayor Armondo Pavone's success. Responsibilities of Family First Family First will be responsible for the following activities with guidance from The Alford Group: Meet with The Alford Group's consultants to tailor the process and identify and develop recruitment strategies for the leadership members and interviewees. Gather and provide requested reports and documents for the internal review (The Alford Group will provide a list). The Alford Group will keep all information in strict confidence. Maintain the master Campaign Cabinet (committee) recruitment list, recruit Cabinet members, manage related correspondence, and coordinate scheduling and logistics for Cabinet meetings. The Alford Group& Family First Community Center Page 4 ,`' Proposed Contract for Mid-Campaign Assessment& Planning and Campaign Counsel February 28, 2020 AGENDA ITEM #6. h) Maintain the master interview list, manage all interview correspondence, schedule interview appointments, send "thank you" notes to participants. Review and respond to the mid-campaign assessment report and plan of action. Outcomes and Deliverables As a result of the assessment, The Alford Group will provide specific deliverables designed to allow Family First to move with confidence through the remainder of the campaign. Mid-Campaign Assessment& Planning Summary The primary deliverable of this engagement is the mid-campaign assessment and planning summary. The Alford Group's summary includes three main elements—findings, analysis, and recommendations—that provide you with the depth and breadth of information that you need to proceed with confidence with the proposed campaign. All three elements are based on solid research and analysis of Family First's circumstances and the extensive collective experience of The Alford Group team. Campaign Plan The Alford Group will provide a plan with a timeline and all of the necessary tools for a successful completion of the Capital Campaign. Capital Campai•n Counsel The outcome of the Mid-Campaign Assessment & Planning Phase will inform strategies moving forward. However it is anticipated that The Alford Group and Family First will work together on the following primary activities to drive the campaign to a successful conclusion: Campaign Phases Phase I: Planning and Lead Gifts April 1, 2020 —September 30, 2020 Early campaign efforts will focus on solidifying the planning. organizational, volunteer leadership, and lead and major gift identification activities, which will lay the foundation for the successful completion of the campaign. Typically, this phase lasts between nine and twelve months, but will likely be condensed into five to six months, and includes the following activities: Fine-tune elements of the overall campaign plan including timelines, budgets and volunteer structures,job descriptions, named gift opportunities, recognition and promotional opportunities,etc. Refine internal systems necessary to support the campaign. Add campaign staff as recommended and needed to fully implement campaign activities. Further develop a comprehensive case-for-support and solicit feedback on the case document from key constituents; respond to issues raised during the early campaign assessment. Identify and recruit campaign leadership including campaign co-chairs, honorary co- chairs, and campaign cabinet members. Provide training with appropriate Board members, volunteers and staff leadership. JUGTheAlfordGroup& Family First Community Center Page 5 (, Proposed Contract for Mid-Campaign Assessment& Planning and Campaign Counsel February 28, 2020 //1w AGENDA ITEM #6. h) Continue to build,maintain and further develop a comprehensive donor prospect list of individuals, foundations and corporations. Identify, cultivate, and solicit the campaign's top 5 to 10 lead gifts, including individuals, foundations, and corporations. Plan and conduct a leadership campaign for Family First's governance, executive staff leadership, and campaign cabinet members. Develop tailored major gift presentation materials. Develop campaign policies and procedures. Obtain campaign pledges totaling between 50% and 65% of the goal. Phase II: Major Gifts and Public Phase October 1, 2020— May 31, 2021 The next phase of the campaign will include the continuation of leadership gift efforts and will expand the focus on additional prospective donors who may make gifts at the mid-range level of the campaign. Ensure meticulous stewardship for lead gift donors. Strategize and implement follow-up activities for lead gift donors. Continue solicitation of remaining lead gift prospects. Develop tailored major gift presentation materials. Expand campaign cabinet into larger campaign steering committee. Identify major gifts prospects ($10,000 to $25,000). Cultivate and solicit major gifts prospects, focusing on gifts of$10,000 and above during the first five months, and gifts from all others during the second half of the phase. Further develop communications strategies and donor recognition plans. Establish strategies for public campaign to involve and engage broader Family First community, including communications, structure of community campaign, small donor incentives, acquisition strategies, celebration event, etc. Roles and Responsibilities Task The Alford Group will initiate and Family First staff and volunteer provide counsel for the following I leaders will be responsible for the activities during the campaign in following activities, with guidance partnership with Family First.and counsel from The Alford Group. Team Meet regularly with Family First's • Meet with The Alford Group Meetings campaign team. and the campaign's volunteer Meet with the campaign's volunteer leadership as often as leadership, and campaign cabinet necessary to assure as needed.appropriate and timely Prepare agendas for meetings. progress and management of the campaign. Internal Guide Family First in implementing • Implement changes Operations recommend changes/additions recommended by The Alford necessary to properly manage the Group to properly manage the campaign. campaign. 1 The Alford Group& Family First Community Center Page 6 Proposed Contract for Mid-Campaign Assessment& Planning and Campaign Counsel February 28, 2020 AGENDA ITEM #6. h) Task The Alford Group will initiate and Family First staff and volunteer provide counsel for the following leaders will be responsible for the activities during the campaign in following activities, with guidance partnership with Family First.and counsel from The Alford Group. Campaign Develop a general campaign plan, • Collaborate with The Alford Planning including overall philosophy and Group to develop the overall approach, timelines, budgets, campaign strategy and organizational and volunteer planning elements. committee structures, named gift and recognition opportunities, community engagement strategies and opportunities, policies and procedures job descriptions for staff, volunteers and counsel, etc. Develop and continually refine work plans/action steps and timelines for each phase of the campaign. Case for Guide Family First in finalizing the • With The Alford Group's Support and case for support and developing guidance, finalize the case for Campaign printed materials as needed support, create and coordinate Materials throughout the campaign. printing and/or production of all campaign communications materials such as brochures, campaign project summaries, individual donor solicitation packages, pledge commitment forms, donor recognition materials, campaign newsletters/ updates, and other campaign communications materials as needed. Volunteer Work with Family First to identify • Implement strategies to recruit Leadership and recruit campaign leadership. campaign leadership including Develop job descriptions and co-chairs, honorary chairs, committee work plans for the and campaign cabinet and campaign cabinet and campaign steering committee members. steering committee members. Develop strategies to involve and motivate campaign volunteers. Work with Family First staff and volunteers to facilitate meetings and other campaign cabinet and steering committee activities. Assist Family First in strategically informing and engaging the City of Renton and other stakeholders in campaign activities. 4WTheAlfordGroup& Family First Community Center Page 7 Proposed Contract for Mid-Campaign Assessment& Planning and Campaign Counsel February 28, 2020 1/ AGENDA ITEM #6. h) Task The Alford Group will initiate and Family First staff and volunteer provide counsel for the following leaders will be responsible for the activities during the campaign in following activities, with guidance partnership with Family First.and counsel from The Alford Group. Education Provide group and individual Participate in appropriate and Training training for City leadership, staff campaign training sessions, and campaign volunteers as they meetings, and other learning assume leadership roles opportunities as throughout the campaign. These recommended by The Alford educational sessions will address Group. the specific needs of the group/individuals including setting appointments, cultivation activities, making solicitation calls, and overcoming objections. Prospect Provide the tools and training while • Identify campaign donor Management guiding staff and campaign prospects. volunteers in donor prospect Participate in donor prospects management. rating and priority setting Facilitate efforts for staff and sessions. volunteers to identify, rate, and Compile and maintain the prioritize donor prospects, including master campaign prospect list, individuals, corporations, and implement a follow-up foundations, and community and tracking system for groups. cultivation and solicitation Assist Family First in developing a activities pertaining to all master donor prospect list, and campaign donors, prospects creating follow-up systems for and volunteers. appropriate data management and record keeping. Gift Volunteer Leadership -Work with • Work with The Alford Group to Development Family First to develop and develop personal cultivation implement solicitation strategies for and solicitation strategies for the campaign's volunteer all lead, major, and volunteer leadership.leadership gift prospects. Lead and Major Gifts - Work with • Implement personal gift Family First to develop and strategies. implement individual cultivation and • Coordinate grants research solicitation strategies for all lead and proposal writing and and major gift prospects. submission. Cultivation and solicitation strategies will be highly individualized, focused on appropriate activities, and timed to build toward the maximum possible asks, proper team selection, and timely implementation. 40, The Alford Group& Family First Community Center Page 8 ;,A Proposed Contract for Mid-Campaign Assessment& Planning and Campaign Counsel February 28, 2020 V AGENDA ITEM #6. h) Task The Alford Group will initiate and Family First staff and volunteer provide counsel for the following leaders will be responsible for the activities during the campaign in following activities, with guidance partnership with Family First.and counsel from The Alford Group. Corporate/Foundation Grants — Guide Family First in research and preparing grants proposals. Community Engagement—Provide timely strategies to solicit and heighten awareness of the new project. Administrative • Guide Family First staff regarding • Provide staff support at all Support their administrative support for the campaign-related meetings campaign. and training sessions including scheduling, room arrangements, generating meeting notices, correspondence, minutes/action steps, and all campaign financial and status reports. Timeline We anticipate this Mid-Campaign Assessment & Planning Phase will be completed in approximately 10 to 12 weeks from the date a contract is signed by both parties. In order to accelerate campaign progress, activities during this phase will overlap with Planning and Lead Gift Phase activities. Likewise, the Planning and Lead Gift Phase activities will also overlap with the Major Gifts and Public Phase activities. A preliminary timeframe is provided below. The Alford Group is available to begin immediately and will work with Family First to complete the planning phase as quickly as possible without compromising the quality of the finished product. This schedule depends on the availability of leadership volunteers, interviewees, and other work demands on Family First staff. We recommend six months for the Leadership Gifts Phase of the campaign to allow time for planning and strategy development, cultivation and solicitation of lead donors to the campaign. We recommend beginning the Major Gifts and Public Phase of the campaign in October 2020 to allow eight months for completion of the project and the May 2021 deadline. The Alford Group& Family First Community Center Page 9 I Proposed Contract for Mid-Campaign Assessment& Planning and Campaign Counsel February 28, 2020 Ati AGENDA ITEM #6. h) Family First Proposed Campaign Timeline Mar Ma Jul Se• Nov Jan ar May Mid-Campaign Assessment& Mar 2020- Planning May 2020 Apr Planning and Lead Gifts Phase Sept 2 0- S Sept 2020 Major Gifts and Public Phase Oct 2020—May 2021 Cost Specifications Professional Fees The professional fee for the Family First mid-campaign assessment & planning and campaign counsel will be as follows: Phase 1: Mid-Campaign Assessment & Planning 10,000 per month (3 months) Phase 2: Campaign Counsel (Leadership & Major Gifts Phases) $8,500 per month (12 months) The Alford Group bases its professional fees on the estimated amount of time it will take the team to complete the work. The fee includes time spent both on- and off-site for preparation, meetings, telephone calls, normal postage, materials preparation, training, planning, writing reports, research and any other assignment performed on behalf of Family First within the scope of this proposal. The Alford Group does not charge for travel time, however actual expenses for any project-related travel will be invoiced monthly (as described below). Expenses The Alford Group will invoice Family First/City of Renton for any reasonable out-of-pocket business expenses incurred during the course of providing the services described in this proposal. This includes, but is not limited to such expenses as mileage or gas, parking, tolls, project-related meals, and unusual clerical expenses. Mileage will be billed at the federally approved rate. Only the actual out-of-pocket expenses will be invoiced. The Alford Group will work closely with Family First/City of Renton and make every effort to keep expenses to a minimum. The Alford Group& Family First Community Center Page 10 l>, Proposed Contract for Mid-Campaign Assessment& Planning and Campaign Counsel February 28, 2020 AGENDA ITEM #6. h) Additional Expenses Any additional expenses incurred by The Alford Group at the request and with the prior approval of Family First/City of Renton will be invoiced as incurred, and with appropriate documentation. These may include such items as material production beyond the scope incorporated into this Contract, extraordinary secretarial or staff support beyond that normally associated with the original scope of the Work (at regular staff rates), and any other such expenses. Custody of Funds, Assets and Property It is understood by both parties that during the term of this Contract The Alford Group will not, at any time, solicit funds, assets, or property for charitable purposes; receive or control, have responsibility for, or custody or management of any of the funds, assets, or property solicited for charitable purposes; or employ, procure, or engage any compensated person to solicit, receive, or control funds, assets, or property for charitable purposes. Other The Alford Group is a member of the Giving Institute, and as such endorses and follows its Code of Ethical Standards and Practices. Submitted By: THE ALFORD GROUP Karen Rotko-Wynn, CFRE Date: February 28, 2020 ktUTheAlfordGroup& Family First Community Center Page 11 Proposed Contract for Mid-Campaign Assessment& Planning and Campaign Counsel February 28, 2020 t AGENDA ITEM #6. h) Pro.ect Team Across the nation, The Alford Group's staff members are recognized leaders in the consulting and not-for-profit sectors. They frequently participate as presenters at local, regional, and national conferences and often serve in volunteer leadership roles for professional associations such as The Giving Institute, the Association of Fundraising Professionals, and Advancement Northwest. Our consultants are attracted to The Alford Group not only for its dedication to the highest quality of service for its clients, but also for its core values and mission to strengthen the not-for-profit community. The Alford Group uses a team approach in working with clients. Senior-level consultants will work directly with Family First's staff and volunteers. We selected consultants for Family First's campaign planning and counsel based on knowledge of and experience with organizations such as yours, and on experience with campaigns of a similar size and familiarity with the philanthropic region. The level and depth of related resource development and consulting experience of the senior consultants, and the fact that they will be the hands-on primary team members on your project, differentiate The Alford Group from other consulting firms. We also assign other staff of The Alford Group to the Family First campaign planning and counsel team who bring additional relevant skills and experience to the project. JoAnn Yoshimoto, CFRE, Associate Senior Consultant, will lead The Alford Group's team for Family First. Working with JoAnn will be Jennifer Shin, MBA, CFRE, Consultant, and Mariah Fosnight, MBA, Senior Client Service Associate. The unbeatable strength of this team of professionals assures that Family First will receive expert guidance and counsel throughout the campaign planning and counsel process and will have a final product that fully prepares Family First for the future. To ensure continuity in service, this team will provide campaign counsel as well. Biographies for each team member can be found on the following pages. The Alford Group& Family First Community Center Page 12 Proposed Contract for Mid-Campaign Assessment&Planning and Campaign Counsel February 28, 2020 -''/AV AGENDA ITEM #6. h) A man there was, though some did count him mad, The more he cast away, the more ka.. tt*.. . he had. John Bunyan IIIr Yoshimoto, CFRE Senior Consultant JoAnn began her not-for-profit career in 1977 and has served continuously as staff, board member and/or donor ever since. As a senior consultant with The Alford Group, JoAnn works with diverse client projects ranging from capital campaign design and counsel to fundraising plan development tointerimstaffing. JoAnn —like all members of The Alford Group—particularly enjoys providing customized services to meet an organization's unique circumstances. JoAnn joined The Alford Group in 2006 after a sabbatical of 18 months spent visiting seven continents. Her experiences trekking in the Andes and Himalayas, exploring the Southern Ocean of Antarctica, South Pacific Ocean of Australia and Greenland Sea give her an extraordinarily broad world view that she harkens when helping our clients connect with their communities. Her tenure with The Alford Group has provided a decidedly different type of passport, though it has offered endless adventure and exploration nonetheless. Instead of serving one organization focused on one cause, she chooses to travel the entire world of not-for-profits as a consultant. She works diligently to gain a deep understanding of each organization's impact on an individual and its community, and she interacts with the staff and volunteer leaders who make possible the vital work that transforms our world. Before joining The Alford Group, JoAnn worked as major gifts and planned giving officer, foundation executive director and capital campaign director. As a board member she has served a community land trust; regional museum of culture, art and history; resource for technical assistance to emerging nonprofits, and international bicycle transportation effort, as well as the Association of FundraisingProfessionals—Washington Chapter. Joined The Alford Group: 2006 Clients served include: Overlake Hospital Foundation, Seton Medical Center Foundation, Agros International, Habitat for Humanity of Seattle/South King County, YMCA of Greater Seattle, RiteCare of Washington, Nikkei Concerns, Clover Park Technical College, Seattle Central Community College, Hamlin Robinson School, Andrews University, Panorama, Willamette View, Kin On Community Health Care, Seattle Public Library Foundation, Tacoma Art Museum Education & Certifications: B.A. Anthropology, Beloit College Certified Fund Raising Executive (CFRE) since 2000 AVG- nnr' THE ALFORD GROUP 200 West Mercer Street I Suite E-304 I Seattle I Washington 198119 206.548.0451 1206.548.0150 fax jvoshimotot alford.corn I www.alford.com I Connect with me on Linkedln AGENDA ITEM #6. h) I am honored to work alongside organizations during the most transformational moments in their history." Jennifer Shin, CFRE Consultant o Jennifer joined The Alford Group in 2019 after serving the nonprofit sector for over twelve years with responsibilities in fundraising, relationship management, staff development, marketing and analytics. As a seasoned fundraising professional for both a public library foundation and social service agency, Jennifer has repeatedly streamlined fundraising operations, implemented strategic initiatives, trained and restructured teams, and reinforced key relationships at all levels. In her role as a consultant, she is dedicated to building comprehensive community enhancing fundraising campaigns that are aligned with each organization's strategic direction and priorities. Previously serving as the director of development at The Seattle Public Library Foundation, Jennifer was responsible for implementing a fundraising program that included individual and legacy giving, donor stewardship, special events, and board relations. During this period, she managed all stewardship and reporting functions for their endowment fund, strategized the digital marketing and acquisition efforts for a 230K opted-in online audience, convened a volunteer leadership advocacy committee, and piloted new fundraising initiatives to diversify their revenue streams. Jennifer also served as the associate director of development at Catholic Charities of Western Washington where she directed state-wide fundraising and communication initiatives and was responsible for raising $4 million annually. Over the course of nearly 10 years, she consistently grew their annual and major giving program, stewarded their major giving society, centralized fundraising operations across 175 programs, directed all donor communication and led a team of over 20 programmatic fundraisers across the state. She also supported several major campaigns that expanded much-needed community services. Since joining The Alford Group, Jennifer has shared her passion for development assessments and capacity building projects rooted in data analytics and a deep understanding of fundraising best practices. She is also committed to the fundraising profession where she serves as a committee member for both the Association of Fundraising Professionals Global and the Washington Planned Giving Council. When Jennifer isn't analyzing data, you can find her hiking the Cascades with her dog, Enzo, or volunteering as a tutor for her local library. Joined The Alford Group: 2019 Clients Served: Orion Industries, Food Lifeline, Rare, Vital Ground Foundation, Sanctuary Centers, Walla Walla University, Hamlin Robinson School, Gig Harbor FISH, George Pocock Rowing Foundation, North Valley Christian Academy Education & Certifications: MBA, Seattle University, Seattle BA Political Science, University of Washington, Seattle Certified Fund Raising Executive (CFRE) since 2019 200 West Mercer St. I Suite E-304 I Seattle I Washington 198119 206 548 0451 1206.548.0150 fax jshina_alford.com I www.alford.com AGENDA ITEM #6. h) Even if we don't hay- e power to choose where we come from, we can still choose where we go from there." - Stephen Chbosky t .. ry iow Mariah i~ fight, MB A Senior Client vice Ass. Mariah joined The Alford Group in 2018 as a Senior Client Service Associate of the West Division. She has thrived in mission-driven organizations with diverse stakeholders and innovative approaches to problem solving. Mariah gained experience in development and donor services at The Pittsburgh Foundation while supporting philanthropic initiatives and propelling innovative tactics for maximizing donor cultivation and fund development. Most recently, as a consultant for an international NGO, she designed a microfinance program in northern Uganda, secured three years of funding, developed a business training curriculum for the program beneficiaries and held the first training session with over 60 participants. To meet the needs of her teams and clients, she has pursued advanced education and specialized training in project management, stakeholder analysis, data visualization, writing and editing, strategic planning, and donor-centric fundraising. She enjoys improving processes, maintaining data integrity, and empowering teams to manage results and accomplish their social impact goals. These passions are further exemplified by her involvement in a variety of non-profit organizations as board member, volunteer and donor. Currently, she serves on the board of directors for an organization that provides grants for microfinance, public health, and education projects in developing countries. Additionally, she volunteers for a Seattle organization that enables horses to transform the bodies, minds and spirts of people with disabilities. When she's not volunteering her time, Mariah enjoys traveling, spending time with her family and kitties, hiking, skiing and doing yoga. She has traveled to over 20 countries on five continents and strives to bring her cross-cultural communication and cultural sensitivity skills to every project she works on and relationship she builds. Joined The Alford Group: 2018 Clients served include:Edmonds Community College Foundation, Parker Adventist Hospital Foundation, Oregon Ballet Theatre, Pioneer Human Services, Seattle Shakespeare Company Education & Credentials: MBA, Finance & Strategy, University of Pittsburgh, PA MID, NGOs & Civil Society, University of Pittsburgh, PA BS, Journalism, Boston University, MA C AV THE ALFORD GROUP 200 West Mercer I Suite E-304 I Seattle I Washington 198119 206.548.0451 1206.548.0150 fax mfosnightna.alford.com I www.alford.com AGENDA ITEM #6. h) About The Alford Group As a national full-service consulting firm serving not-for-profits since 1979, The Alford Group has empowered more than 3,000 mission-based organizations to grow, improve, fulfill their missions and change the world. Our mission is to strengthen the not-for-profit community. We offer customized solutions in fundraising, organizational strategy, assessment, governance and professional development, all based on sound principles, guidance, tools and structures that help organizations realize their dreams for the future. Our approach centers on partnership and we involve and guide you in every step of the process. First, we tailor our consulting teams and services specifically to meet your needs. Second, our core values—creativity, diversity, excellence, integrity, joyfulness, leadership, and respect—infuse each project and activity on which we work. Third, we work with you throughout the service to ensure your organization is left stronger, with higher capacity and a greater sense of ease in your work as a result of our time with you. We have offices in Chicago, New York and Seattle, and our consulting staff represents decades of experience in volunteer, staff and consulting roles with not-for-profit organizations. Our methodology, in theory and practice, is designed to advance the mission and vision of our clients. As a result, we distinguish ourselves by: Empowering staff and volunteers... ...with the knowledge and resources to take that essential step beyond planning to implementation of projects; Offering tailored, responsive by senior professionals who understand the local and regional philanthropic landscape and are supported by the resources of aservices... • national firm: Employing each with a passion for exploration, assessment, and creativity, accomplished who have first-hand experience in the field and bring to consulting a diverse body of knowledge and understanding of the industry, its consulting staff... scope and challenges; and Advancing best ...The Alford Group has been a consistent leader in the field of practices in the philanthropy for 34 years. Members of our team often contribute to industry.... articles, research, and courses in addition to speaking y . engagements and conference presentations or panel discussions. The Alford Group& Family First Community Center Page 16 U Proposed Contract for Mid-Campaign Assessment&Planning and Campaign Counsel February 28, 2020 0 AGENDA ITEM #6. h) Services The Alford Group has extensive experience working with all segments of the not-for-profit community to enhance leadership, establish best practices in the field, and develop institutional capacity to meet strategic goals and objectives. Our service areas include: Organizational Strategy Strategic Planning Strategic Visioning Strategic Implementation Counsel Mergers and Strategic Alliance Counsel Program Development Benchmarking Fundraising Feasibility/Campaign Planning Studies Campaign Planning and Management Development Planning Major Gifts Counsel Planned Giving Counsel Other Philanthropic Program Planning & Management Key Messaging and Case Development Assessment Development Assessment Governance Analysis Organizational Assessment Philanthropic Market Assessment Staffing and Infrastructure Assessment Surveys Benchmarking Governance Board Development Bylaw Review CEO and Staff Evaluation Governance Analysis Professional Development and Training Board and Staff Training Executive Leadership Coaching and Counsel Corporate Impact Corporate Giving Analysis Corporate Philanthropy Program Design The Alford Group& Family First Community Center Page 17 , Ug.,Proposed Contract for Mid-Campaign Assessment& Planning and Campaign Counsel February 28, 2020 7A AGENDA ITEM #6. h) Appendix A: Areas of Analysis The assessment will focus on the following six key areas important to philanthropic success, plus an examination of crucial issues that could impact the campaign: Potential donors must view Family First Prospective donors must believe that the positively.They must perceive that the priority campaign objectives will further services Family First provides are needed Family First's mission and enhance the and of value to the community. Further, institution's programs and services. they must believe that Family First Additionally, they must find the case operates efficiently and prudently.The prospectus outlining the priorities clear study will assess the overall image and and compelling.We will assess the appeal reputation among past,current,and of the priority projects with current and potential constituents. potential donors and stakeholders. Image Appeal Family First must be able to identify and Family First must also be able to identify recruit a sufficient number of interested and and secure financial support from logical influential community leaders to serve in constituencies as well as donors prepared various campaign leadership roles.These to give lead and major gifts to the volunteers must be willing to commit their campaign.The study will assess Family time and financial resources to the campaign, First's ability to identify and secureandbecapableofinspiringotherstosupport potential philanthropic support amongthecampaigneffort.The study will assess the current and new constituents. effectiveness of current leadership structures Volunteer Gift Potential/ Leadership Financial Capacity To the degree possible, Family First should •Family First must have adequate financial time the campaign not to conflict with resources, staffing and administrative other major campaign efforts involving the systems in place to mount and manage a same volunteer leadership or donor major campaign.The study will assess constituencies and to occur in a favorable Family First's internal capacity to philanthropic climate.The study will assess successfully manage the proposed the philanthropic and economic climate in campaign, including staffing, systems, the local community and the surrounding policies, data management, and other re.ion and determine its im.act on the infrastructure, all while maintainin. the Climate and Timing Internal Readiness The Alford Group&Family First Community Center Page 18 a\'/to Proposed Contract for Mid-Campaign Assessment&Planning and Campaign Counsel February 28,2020 'a: Q AGENDA ITEM #6. h) Appendix B: Selected Clients ACT Theatre—A Contemporary Theatre— Horizon House— Seattle, WA (Campaign Seattle, Washington (Ongoing Resource Counsel) Development Counsel) Hugo House— Seattle, WA (Campaign After School Matters — Chicago, IL Counsel) Fundraising Analysis and Partnership Strategy) Kin On Health Care Center— Seattle, WA Feasibility Study and Campaign Counsel) Agros International — Seattle, WA Leadership Development/Training) Kohala Institute— Kapaau, HI (Campaign Counsel) Annie Wright Schools— Tacoma, WA Campaign Counsel) Kohl Children's Museum — Glenview, IL Development Assessment) Blood Bank of Alaska —Anchorage, AK Campaign Counsel) LifeWire— Bellevue, WA (Feasibility Study and Campaign Counsel) CALM — Child Abuse Listening Mediation Santa Barbara, CA (Campaign Counsel, Lummi Island Heritage Trust—Lummi Alford Analytics) Island, WA (Resource Development) Captain Joseph House Foundation — Port McGaw YMCA— Evanston, IL (Feasibility it Angeles, WA (Major Gifts Counsel) Study, Campaign Counsel) Evergreen Treatment Services — Seattle, Metro Parks Tacoma— Tacoma, WA WA (Organizational Counsel, Strategic Development Assessment) Planning) Our Lady of Fatima Parish School — The Field Museum — Chicago, IL Seattle, WA (Resource Development) Corporate Partnership Strategy) Outdoors for All Foundation — Seattle, Greater Tacoma Community Foundation WA (Feasibility Study) Tacoma, WA (Data Analytics) Panorama —Lacey, WA (Feasibility Study) Group Health Foundation — Seattle, WA Resource Development) PAWS — Lynnwood, WA (Campaign Counsel, Prospect Research) Habitat for Humanity International — Atlanta, GA (Feasibility Study) Peace Community Center— Tacoma, WA Feasibility Study) Hamlin Robinson School — Seattle, WA Feasibility Study and Campaign Counsel) Peace for the Streets by Kids from the Streets— Seattle, WA (Strategic Planning) Harbor Soccer Club— Gig Harbor, WA Feasibility Study) Pediatric Interim Care Center—Kent, WA Campaign Counsel) The Alford Group& Family First Community Center Page 19 4ProposedContractforMid-Campaign Assessment& Planning and Campaign Counsel February 28, 2020 ( ,+, AGENDA ITEM #6. h) Pierce College Foundation — Puyallup, Youth Symphony Orchestra— Seattle, WA WA (Resource Development) Resource Development) Pioneer Human Services — Seattle, WA Self-Storage Association Foundation — Feasibility Study) Alexandria, VA (Development Assessment and Campaign Counsel) Poulsbo North Kitsap Rotary —Poulsbo, WA (Campaign Counsel) Shoreline Community College— Shoreline, WA (Strategic Planning) Providence St. Mary Hospital Foundation Walla Walla, WA (Campaign Counsel)Skagit Valley College— Mt. Vernon, WA Campaign Counsel) Rocky Mountain Adventist Healthcare Foundation — Greenwood Village, CO Tacoma Art Museum — Tacoma, WA Feasibility Studies) Resource Development) Ryther— Seattle, WA (Campaign Counsel) Tacoma Community House— Tacoma, WA (Campaign Counsel) St. Luke School — Shoreline, WA Campaign Counsel) University Child Development School — Seattle, WA (Campaign) St. Mary Catholic School —Aberdeen, WA Feasibility Study, Campaign) Valley of the Sun United Way—Phoenix, AZ(Development Assessment) St. Patrick School — Tacoma, WA Feasibility Study) Walla Walla University — College Place, WA (Campaign Counsel) Sanctuary Centers of Santa Barbara— Santa Barbara, CA (Campaign) Washington Hospitality Association — Seattle, WA (Organizational Counsel) Santa Barbara Museum of Art— Santa Barbara, CA (Training) Wenatchee Valley College— Wenatchee, WA (Training) Seattle Goodwill — Seattle, WA (Training) Whatcom Community College Seattle Girls' School — Seattle, WA Foundation —Bellingham, WA (Feasibility Feasibility Study) Study) Seattle Nativity School — Seattle, WA Willamette View Retirement Community Leadership Development) Portland, OR (Feasibility Study) Seattle Public Library— Seattle, WA YMCA Valley of the Sun —Pheonix, AZ Campaign Counsel) Organizational Counsel) Seattle Shakespeare Company — Seattle, YWCA of the USA — Washington, DC WA (Feasibility Study) Strategic Planning Facilitation) Seattle Urban Academy/CRISTA — Seattle, WA (Feasibility Study)Seattle The Alford Group& Family First Community Center Page 20 Proposed Contract for Mid-Campaign Assessment& Planning and Campaign Counsel February 28, 2020 `'a' AW AGENDA ITEM #6. h) AB - 2835 City Council Regular Meeting - 05 Apr 2021 SUBJECT/TITLE: Release of Retainage: CAG-20-379 - Coulon Playground Replacement RECOMMENDED ACTION: Council Concur DEPARTMENT: Community Services Department STAFF CONTACT: Erica Schmitz, Parks Planning Manager EXT.: 6614 FISCAL IMPACT SUMMARY: Retainage release payment for CAG-20-379 in the amount of $26,811.48. SUMMARY OF ACTION: The Community Services Department submits CAG-20-379, Coulon Playground Replacement, for release of retainage. Work started on September 24, 2020 and was completed on December 31, 2020. The contractor, Landscape Structures, Inc, met the terms of the contra ct by supplying playground and exercise equipment, demolishing previously existing equipment, evaluating and addressing drainage, installing play equipment, fitness equipment and safety surfacing, and providing clean up, site restoration and debris removal. EXHIBITS: A. Notice of Completion - CAG-20-379 STAFF RECOMMENDATION: Approve the project and release of retainage for CAG-20-379, in the amount of $26,811.48, upon receipt of all required lien releases from the State. AGENDA ITEM #6. i) F215-038-000 Notice of Completion of Public Works Contract 05-2020 Notice of Completion of Public Works Contract Department Use Only Assigned to Date Assigned Date Form Version Revision Reason Awarding Agency Information Company Name UBI Number Address City State Zip Code Contact Name Phone Number Email Address Prime Contractor Information Company Name UBI Number Address City State Zip Code Contact Name Phone Number Email Address Project Information Project Name Contract Number Affidavit ID Number Jobsite Address City State Zip Code Date Awarded Date Work Commenced Date Work Completed Date Work Accepted Is this a Federally Funded Transportation Project? Yes No If yes, attach the Contract Bond Statement Have Subcontractors been used? Yes No If yes, complete Addendum A Contract/Payment Bond Waived? Yes No Retainage Bond Waived? Yes No Detailed Description of Work Completed DOR Tax Information Calculated Amount Liquidated Damages Additions (+) Amount Disbursed Reductions (-) Amount Retained Sub-Total Other Sales Tax Amount Sales Tax Rate Total Total Both totals must to be equal - If multiple sales tax rates, attach a list Apprentice Utilization Information Was apprentice utilization required? Yes No Engineer’s Estimate: Utilization %: If utilization did not meet or exceed 15%, was a Good Faith Estimate approved? Yes No 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. Complete and submit for 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. i) Subcontractor's Name:UBI Number: (Required)Affidavit ID* Addendum A: Please List all Subcontractors and Sub-tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15)F215-038-000 05-2020 AGENDA ITEM #6. i) AB - 2843 City Council Regular Meeting - 05 Apr 2021 SUBJECT/TITLE: Appointment and Employment Agreement of new CAO, Ed VanValey RECOMMENDED ACTION: Council Concur DEPARTMENT: Human Resources / Risk Management Department STAFF CONTACT: Ellen Bradley-Mak, Administrator EXT.: 7657 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: Keith (Ed) VanValey was appointed interim Chief Administrative Officer (CAO) on December 1, 2020. Pending authorization of Council, Ed assumed the role of CAO on March 1, 2021. Ed VanValey was born and raised in Renton; he has worked in law enforcement since 1996, when he was hired as a new police officer with the City of Renton. Since then he has advanced steadily through the ranks, serving as sergeant, commander, and then as Deputy Chief for five years; he was appointed Renton's Chief of Police in 2018. A common thread in Ed's career experience with government and the Army, is how to develop important and effective relationships and connections with the community, in order to accomplish common goals and objectives. A few examples of Ed's recent efforts to develop and improve communication between the police department and the Renton community, are: - He developed strategies with the department's Community Programs team, for outreach and transparency with the community through social media and by encouraging community engagements like “coffee with a cop.” - He has been an active member of RAAP (Renton African America Pastoral) group and the Mayor’s Inclusion Taskforce for the past six years. - He facilitated the re-development of the core values statement for the police department in an effort to connect the police department to the community. Ed earned a bachelor's degree in Law and Justice from Central Washington University prior to his career with the Renton Police Department. Ed also served proudly with the Army Reserves for 25 years, retiring with the rank of Major. His career with the military included several posts with significant managerial and supervisory responsibilities, where he developed and implemented effective communication strategies to accomplish mission goals. Highlights include: - Ed served as an Operations Officer for the 3rd Army during Operation Iraqi Freedom at Camp Arifjan and managed the operations of all base activities, as well as the base security force, which protected over 15,000 military and civilian personnel. - As a liaison with the Kuwaiti Navy on the Persian Gulf coast, Ed's main priority was to coordinate the activities of incoming and on-site US Military personnel. This responsibility required the building of relationships and developing a mutual understanding and trust, so that efforts were coordinated to accomplish common goals and objectives. - Ed also served as the Commander of an Information Operations Company, where he was responsible for the training, safety, security, and discipline of soldiers assigned. He oversaw all phases of operations and employment of the unit, to accomplish the mission to develop communication strategy and implement operations to maximize the effects of messaging. AGENDA ITEM #6. j) - Finally, in his last four years with the Army Reserves, Ed served as Provost Marshal for a Theater Aviation Command at Joint Base Lewis McChord. The Provost Marshal Office is the chief law enforcement agency in the Organization; it is a professionally trained, positive, community customer-focused Army law enforcement and access control organization, that is responsive to the needs of not only the Command but the civilian community as well. The experience that Ed has gained through a combination of his military service, along with the leadership roles he has served within the Renton Police department, make him uniquely qualified to serve in the role of Chief Administrative Officer for the City of Renton. He has earned the respect of the administrative team under the leadership of Mayor Pavone, as well as cultivated effective and long-lasting relationships in the community. We ask that Council confirm the appointment of Ed VanValey as Chief Administrative Officer, and approve the attached employment agreement, which contains negotiated terms that are in line with industry standards, with a start date retroactive to March 1, 2021. EXHIBITS: Employment Agreement STAFF RECOMMENDATION: Confirm the Mayor's appointment of Ed VanValey for the position of Chief Administrative Officer (CAO), in the Executive Department, and authorize the Mayor to enter into an employment agreement with Mr. VanValey containing the terms negotiated and recommended by staff. AGENDA ITEM #6. j) CITY OF RENTON CHIEF ADMINISTRATIVE OFFICER EMPLOYMENT AGREEMENT 2021 AGENDA ITEM #6. j) VanValey CAO Employment Agreement Page | 1 Employment Agreement Introduction This Agreement, made and entered into to be effective on the 1st day of March, 2021, by and between the City of Renton, Washington, a municipal corporation, (hereafter ”Employer”) and Keith (Ed) VanValey, (hereafter “Employee”) an individual who has the education, training and experience in local government management, both of whom agree as follows: Section 1: Term Employee was appointed and commenced employment for Employer in the position of Chief Administrative Officer on March 1, 2021, as an “at-will” employee, with the understanding the terms of his employment would be as provided herein, with such terms subject to confirmation by the City Council. Upon confirmation of his appointment by the Council, this Agreement shall be and remain in full force and effect from March 1, 2021, until Employee’s employment is terminated by the Employer or Employee as provided herein. Section 2: Duties and Authority Employer agrees to employ Employee as its Chief Administrative Officer to perform the functions and duties specified in Renton Municipal Code Section 3-1-2, as such section may be amended, and to perform such duties in accordance with all applicable laws, City of Renton policies, and the International City Manager’s Association (ICMA) Code of Ethics, as such may be amended by the ICMA. Section 3: Compensation A. Base Salary: Employer agrees to pay Employee in accordance with Employer’s applicable Index of Positions and Pay Ranges. Employee’s initial base salary will be set at Step E of Grade m53 of the Employer’s 2021 Index of Positions and Pay Ranges, which currently provides for a monthly salary of $16,612. B. Annual cost of living adjustments and other changes to Employee’s base salary shall be made in accordance with the City of Renton’s Council discretion, and shall be consistent with the Employer’s compensation policies for other non-union management positions. Section 4: Health, Disability and Life Insurance Benefits A. The Employer agrees to offer Employee health insurance for the Employee and his dependents at the same premium sharing and coverage levels offered to all other non- union full-time management level employees. B. The Employer agrees to provide Employee with the same life, disability, and other insurance policies provided to, or as may be provided to, non-union management positions. AGENDA ITEM #6. j) VanValey CAO Employment Agreement Page | 2 Section 5: Paid Leave Employee shall receive the same paid time off benefits provided to senior management level non-union employees. Vacation accruals shall be calculated to reflect Employee’s years of service for the City, including prior years of service in previous positions. Sick leave shall accrue at the same accrual rates for other non-union employees, and Employee’s existing banks of leave from previous employment with the City shall carry over without change pursuant to applicable policies for use of such leave. Starting in 2022, Employee shall receive a management leave bank of 56 hours per year, subject to the same rules for use as other senior management level non-union employees. Accrued balances of paid leave shall be paid to Employee upon separation from employment in accordance with the same policies, procedures, and restrictions applicable to other senior management level non-union employees cashing out paid leave. Section 6: Automobile The Employer shall provide access to available City owned and maintained City vehicles for use by Employee for travel from City Hall to other City worksites or employment related activities. Compensation for miles driven in Employee’s personal vehicles for employment related activities shall be provided in accordance with the same policies that apply to other non-union management employees. Section 7: Retirement and Deferred Compensation A. The City will contribute 11% of base wages to 401(a) retirement plan, with the same record keeper and investment options as the City’s 457 Deferred Compensation plan. Employee may, prior to his date of hire, notify the City that he elects to also have employee contributions to the plan. Once established, he may not change the employee contribution rate for the term of his employment. B. The City will not make any employer contributions to the City’s 457 Deferred Compensation Plan. The Employee may elect to make contributions to this plan in accordance with Plan rules and procedures. C. The Employer agrees to provide Employee all current and future benefits provided to other non-union management staff as stated in the City Personnel Policy and Procedures unless they are specifically addressed in this agreement. Such benefits are in addition to the other benefit provisions of this agreement. Section 8: General Business Expenses A. Subject to sufficient budget resources, Employer agrees to budget for and to pay for: 1. Professional dues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for the Employee’s continued professional participation, growth, and advancement, and for the good of the Employer; specifically the International City/County Management Association AGENDA ITEM #6. j) VanValey CAO Employment Agreement Page | 3 (ICMA), Washington City/County Management Association (WCCMA) and the Association of Washington Cities (AWC). 2. Travel and subsistence expenses of Employee, in compliance with city policy, for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, including but not limited to the ICMA Annual Conference, the ICMA West Coast Summit, the WCCMA spring and summer conferences, the state league of municipalities, and such other national, regional, state, and local governmental groups and committees in which Employee serves as a member; 3. Travel and subsistence expenses of Employee, in compliance with city policy, and with prior approval by the mayor, for short courses, institutes, and seminars that are necessary for the Employee’s professional development and for the good of the Employer. B. Employer recognizes that certain expenses of a non-personal but job related nature are incurred by Employee, and agrees to reimburse or to pay said general expenses. The Administrative Services Administrator is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. Section 9: Termination A. Employee shall serve at the pleasure of the Mayor as an “at-will” employee and his employment and all benefits, rights, and duties thereof may be terminated by the Mayor with or without cause. For purposes of Employee’s option to receive Termination Pay as provided in Section 10 of this Agreement, the Employee’s termination or resignation may be either “for qualifying reasons” or “for disqualifying reasons.” B. For the purpose of this Agreement, an Employer initiated termination “for disqualifying reasons” shall occur only upon a finding by the Mayor that Employee: 1. Willfully violated a lawful duty of Employee’s office; 2. Willfully violated local, state, or federal laws while carrying out Employee’s duties on behalf of Employer; 3. Willfully violated Employer’s applicable employment policies; 4. Willfully violated the ICMA Code of Ethics; or 5. Engaged in misconduct or gross misconduct as defined by RCW 50.04.294, as that section may be amended or recodified. Such finding must be based upon substantial evidence that the Mayor in good faith believes to be true and is not based upon an illegal or arbitrary purpose. All other Employer initiated terminations shall be considered “for qualifying reasons” for the purposes of Section 10 of this Agreement. AGENDA ITEM #6. j) VanValey CAO Employment Agreement Page | 4 C. For the purpose of this Agreement, an Employee initiated resignation shall be considered “for qualifying reasons” if the Employee is in compliance with all duties and requirements of this Agreement and the factual basis for Employee’s resignation termination/resignation is: 1. Employer reduced Employee’s base salary or other benefits to a greater relative degree than the salaries or benefits of department administrators; 2. The Mayor ordered Employee to perform an act that, if performed, would justify an Employer initiated “for disqualifying reasons” termination as defined above; 3. Employee’s resignation is in response to (a) unlawful harassment or discrimination against Employee, or (b) an offer by Employer for Employee to resign on his own accord in lieu of Employer terminating Employee for reasons other than misconduct. D. Any other employee initiated employment resignation shall be considered a termination “for disqualifying reasons” for purposes of Section 10 of this Agreement. E. If Employer wishes to terminate Employee’s employment “for disqualifying reasons” or Employee wishes to resign “for qualifying reasons,” the party intending to initiate the termination or resignation shall first notify the other party in writing of the factual basis for the disqualifying or qualifying reasons and provide the other party a reasonable opportunity to be heard and, if possible, a reasonable opportunity to cure or correct the condition justifying the termination. Because Employee is an “at-will” employee, the notice and reasonable opportunity to be heard and cure or correct is not a condition precedent to termination or resignation of employment. However, a failure by Employer to provide such notice and reasonable opportunity to be heard and cure or correct prior to effectuating a termination shall result in the termination being “for qualifying reasons” for the purpose of Section 10 this Agreement, and a failure by Employee to provide such notice and reasonable opportunity to be heard and cure or correct prior to effectuating a resignation shall result in the resignation being “for disqualifying reasons” for the purpose of Section 10 of this Agreement . Section 10: Termination Pay A. If Employee’s employment terminates for qualifying reasons, Employer shall pay Employee “Termination Pay” in addition to all other pay and benefits Employee is legally entitled to receive for work performed prior to termination, subject to the contingencies and exceptions provided in this Section. B. Termination Pay shall consist of a payment equal to six months of Employee’s highest base monthly salary within the 24 months preceding termination. This Termination Pay shall be paid in a lump sum unless otherwise agreed to by the Employer and the Employee. If Termination Pay is payable under the terms of this Section, Employer shall pay for up to six months, in addition to the Termination Pay, the portion of Employee’s COBRA costs for the City’s Health Insurance Plans that exceed what his AGENDA ITEM #6. j) VanValey CAO Employment Agreement Page | 5 premium share would have paid as an active employee. He may elect to continue only the coverage levels (including selection of dependents and plans) existing at the time of termination. COBRA coverage shall continue as long as he pays his share of the premiums, which the City shall reduce to the active employee rate for the first six month following separation, and shall be the full COBRA rate for the remaining period of COBRA eligibility. C. Termination Pay shall not be paid to Employee if the termination was for disqualifying reasons. D. Employee acknowledges and agrees that he has no right to continued employment under this Agreement and his sole remedy for payment relating to the termination of this Agreement is limited to the terms under which Termination Pay is or is not available. Employee further agrees that because he has no right to continued employment and the negotiated Termination Pay is not for services performed, Termination Pay shall not be considered wages for purposes of Chapter 49.52 RCW. If Employee files any legal action or complaint with a regulatory agency seeking damages related to his employment with Employer or the termination of his Employment, such action shall act as a waiver of any right Employee may otherwise have to claim Termination Pay. Such waiver shall not apply with respect to claims filed with the Washington State Employment Security Department for unemployment compensation or the dispute resolution process in Section 10.E. E. The Mayor shall initially decide whether Employee is eligible under this Agreement to receive Termination Pay within 14 days of the effective date of Employee’s termination/resignation. Such decision shall be made and delivered to Employee in writing. If Employee disputes the Mayor’s finding, Employee shall provide the Mayor written notice of dispute that identifies the specific basis for the dispute. The written notice of dispute must be delivered to the Mayor within 14 days of Employee’s receipt of the Mayor’s initial finding. Within 14 days of receiving the Employee’s notice of dispute, the parties shall arrange for a meeting or, if agreed by the parties, a mediation session to resolve the dispute. Unless otherwise agreed, each party shall bear the costs of such mediation or negotiation, including their attorney’s fees incurred therein. If the dispute cannot be resolved by negotiation within 45 days of the effective date of Employee’s termination/resignation, either party may demand binding arbitration of the dispute with an arbitrator and rules agreed to by the parties. If the parties do not agree to an arbitrator and rules of arbitration, the dispute shall be settled by binding arbitration in accordance with the rules of procedures of the American Arbitration Association with a single arbitrator. Each party shall prepay half the fees charged by the arbitrator. The prevailing party to such arbitration shall be entitled to recover from the other party its reasonable attorney’s fees and costs of arbitration, including any prepaid non- refundable arbitrator fees. The place of arbitration shall be in Renton, Washington, unless otherwise agreed. Washington state law shall apply and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The scope of the arbitration shall be limited to Employee’s right to Termination Pay under AGENDA ITEM #6. j) VanValey CAO Employment Agreement Page | 6 this Agreement. The Arbitrator shall not award any front pay, back pay, or other damages to either party beyond an award of Termination Pay and reasonable fees and costs. F. Employer’s obligation to pay Termination Pay under this Section is contingent upon Employee first accepting and executing an enforceable written waiver and release of all Employee’s claims, in a form approved by the City Attorney and substantially similar the example agreement attached hereto as “Attachment A” except as may be necessary to revise to comply with applicable law. Such written waiver and release shall be provided to Employee within 14 days of the Mayor’s or arbitrator’s decision that Employee is eligible for Termination Pay. Any arbitrator decision to award Termination Pay shall be contingent upon Employee’s execution of such waiver and release. Failure of Employee to execute a written waiver and release of all claims in a form approved by the City Attorney shall disqualify Employee from receiving Termination Pay. Section 11: Resignation In the event that the Employee voluntarily resigns his position with the Employer, the Employee shall provide a minimum of 60 days notice unless the parties agree otherwise. Section 12: Hours of Work It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, and to that end Employee shall be allowed to establish an appropriate work schedule that is subject to the approval and changes by the Mayor. Section 13: Outside Activities The employment provided for by this Agreement shall be the Employee’s sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the Employer and the community, the Employee may elect to accept limited teaching, consulting or other business opportunities with the understanding that such arrangements shall not constitute interference with nor a conflict of interest with her responsibilities under this Agreement. Section 14: Indemnification The City shall defend and indemnify Employee pursuant to the terms of Chapter 1-9 of the Renton Municipal Code. Section 15: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 16: Confidentiality Employee agrees that his position is a managerial position and acknowledges that he will occupy a position of confidentiality involving personnel, labor relations and legal matters. AGENDA ITEM #6. j) VanValey CAO Employment Agreement Page | 7 Section 17: Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: City of Renton Mayor, 1055 South Grady Way, Renton, WA 98057 (2) EMPLOYEE: Keith (Ed) VanValey, last current address or email provided by Employee in Employer’s personnel records Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 18: General Provisions A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement. B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. C. Interpretation and Severability. This Agreement shall be interpreted whenever possible so that all portions herein are consistent and compatible with applicable laws. However, the invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. EMPLOYER EMPLOYEE Armondo Pavone, Mayor Keith (Ed) VanValey Attest: AGENDA ITEM #6. j) VanValey CAO Employment Agreement Page | 8 Jason Seth, City Clerk Approved as to form: Shane Moloney, City Attorney AGENDA ITEM #6. j) Attachment A - Sample Separation Agreement Page | 1 ATTACHMENT A [SAMPLE] SEPARATION AGREEMENT This separation agreement (“Agreement”) is entered into by and between the City of Renton (or the “Employer”) and __________________ (“Employee”). I. RECITALS Employee served as the City’s Chief Administrative Officer pursuant to a February __, 2021 Employment Agreement. Pursuant to Section 9 of the Employment Agreement, Employee served at the pleasure of the Employer’s Mayor as an “at-will” employee. Pursuant to Section 10 of the Employment Agreement, Employee may be entitled to receive Termination Pay and COBRA Costs if the reason for his employment’s termination is “for qualifying reasons.” Employee’s employment terminated for qualifying reasons. Employee is entitled to receive Termination Pay, contingent upon his acceptance and execution of an enforceable written waiver of all claims he may have related to his employment with Employer. This Agreement serves as such waiver and the Separation Benefits described in Section II.2. herein shall fully satisfy the Employer’s obligation to pay Employee Termination Pay and COBRA Costs pursuant to the Employment Agreement. II. AGREEMENT In consideration of the foregoing recitals, the parties agree as follows: 1. Separation from Employment. Employee’s last date of employment with the Employer was [date] (the “Separation Date”). Employee will be paid Employee’s regular wages through the Separation Date. This Agreement shall not be valid unless it is signed by Employee on or after the Separation Date. 2. Separation Benefits. a. Severance Pay. The Employer agrees to pay Employee a payment equal to six months of Employee’s highest base monthly salary plus cash out of accrued/unused management leave and personal holidays. Such severance pay shall be paid by check in a lump sum payment, and will be subject to standard payroll withholdings. The severance payment shall not be made until after Employee has returned the executed Agreement to the Employer and the Revocation Period specified in Section II.7 below has expired. b. Health Insurance. In accordance with federal law (COBRA), Employee may elect, at Employee’s expense, continuing medical, dental and vision benefits under the Employer’s current health insurance policies for 18 months following the Separation Date (“COBRA benefits”), provided that Employee must make timely application and remain eligible for such benefits. These standard COBRA benefits are available to Employee regardless of whether he signs this Agreement. Pursuant to this Agreement, and provided Employee applies and maintains eligibility for COBRA benefits, the Employer will enhance the standard COBRA benefits by paying the portion of the premiums for such continuation coverage to cover Employee and any dependents that exceed what he would have paid had he remained employed for a period of six months after the Separation Date. If Employee is still eligible for COBRA benefits after such six-month period, he may continue coverage for the remainder of the 18-month COBRA period at his own expense. It is the intent of the parties that Employee’s COBRA rights begin to run on the Separation Date. The Employer shall not be obligated to pay the premiums for any continuation coverage unless and until Employee has returned the AGENDA ITEM #6. j) Attachment A - Sample Separation Agreement Page | 2 executed Agreement to the Employer and the Revocation Period specified in Section II.7 below has expired. The parties agree that the separation benefits described in this Section II.2 are designed to aid Employee’s transition to alternative employment, and that the specified benefits do not constitute benefits to which Employee would otherwise be entitled upon separation under existing employee benefit plans provided by the Employer or under any pre-existing agreement between Employee and the Employer, other than the Employment Agreement, for which payment of these benefits is contingent upon Employee’s binding entry into this Agreement. 3. Final Paycheck and Accrued Leave. Employee’s final paycheck will include any leave cash- outs due and payable under applicable Employer personnel policies and/or labor agreement. 4. No Other Compensation. Other than the compensation referenced in this Agreement, Employee acknowledges that Employee is owed no other compensation of any kind (including wages, salary, commissions, bonuses or the like). 5. Release of Claims. a. Comprehensive Release. As consideration for the benefits described in this Agreement, on behalf of Employee and Employee’s heirs, executors, representatives, agents, and assigns, Employee fully and forever waives, releases and discharges the Employer, its affiliates, successors, predecessors, parent, subsidiaries, past and present officers, elected officials, directors, board members, agents, representatives and employees (collectively, the “Released Parties”) from all claims, causes of action, liabilities, judgments, debts, obligations, expenses (including attorneys’ fees), or monetary or equitable relief of any kind, suspected or unsuspected and irrespective of any present lack of knowledge of any possible claim or of any fact or circumstance pertaining thereto, which Employee may have or claim to have against any of the Released Parties arising from or during employment with the Employer or as a result of separation from employment. This release specifically covers, but is not limited to, any claims of discrimination based on race, color, national origin, sex, sexual orientation, marital status, military/veteran status, age, religion, physical or mental disability, or other protected status under any federal, state, or local law, rule, or regulation; any contract or tort claims arising under federal, state, or local law; any claims for unpaid wages or benefits; any claims arising under federal, state or local law based on promises made or allegedly made by the Employer to Employee; and any claims under any express or implied contract or legal restrictions on the Employer’s right to terminate its employees. This release includes, but is not limited to, claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA); the Age Discrimination in Employment Act (ADEA); the Family and Medical Leave Act (FMLA); the Fair Labor Standards Act (FLSA); the Equal Pay Act; the Rehabilitation Act; the Employee Retirement Income Security Act (ERISA) (regarding unvested benefits); the Civil Rights Act of 1991; Section 1981 of U.S.C. Title 42; the Fair Credit Reporting Act (FCRA); the Worker Adjustment and Retraining Notification (WARN) Act; the Uniformed Services Employment and Reemployment Rights Act (USERRA); the Immigration Reform and Control Act (IRCA), the Washington Industrial Welfare Act (IWA); the Washington Law Against Discrimination (WLAD); the Washington Family Care Act; the Washington Paid Sick Leave law; the Washington Paid Family and Medical Leave law, or other state leave laws; the Washington Minimum Wage Act; Title 49 of the Revised Code of Washington; Washington Equal Pay and Opportunities Act (EPOA); the Public Employees’ Collective Bargaining Act; the Washington Fair Chance Act (FCA); and all similar governmentally-enacted laws (federal, state, local or otherwise). Subject to Section II.5(b) below, this release is intended to be all encompassing, and to fully resolve all matters and relations between the parties up to the date Employee signs this Agreement. AGENDA ITEM #6. j) Attachment A - Sample Separation Agreement Page | 3 b. Rights Not Waived. Regardless of any other provision in this Agreement, Employee does not waive Employee’s rights to receive ERISA-covered vested benefits (e.g., pension benefits); does not waive Employee’s right to receive unemployment or workers compensation benefits, or any other rights that may not lawfully be released via a private agreement; does not waive Employee’s right to bring a suit solely to challenge the validity of this release under the ADEA; and does not waive Employee’s right to bring a suit for a claimed violation of this Agreement or other claims that arise after Employee signs this Agreement. Additionally, nothing in this Agreement shall be construed to prohibit Employee from filing a charge with, reporting potential violations of law to, or participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission or a comparable state or local agency, or to any other federal or state agency responsible for enforcement of the law (hereinafter a “Government Agency”). Notwithstanding the foregoing, Employee hereby waives and releases Employee’s right to recover any form of personal relief from such a Government Agency, including but not limited to monetary damages or reinstatement, in connection with any such charge, complaint, investigation or other proceeding conducted by a Government Agency, whether initiated by Employee or any other person or entity. 6. No Admission. Nothing in this Agreement shall be construed as any indication that the Employer or any of the Released Parties has acted wrongfully towards Employee or any other person. 7. Review and Revocation. Employee acknowledges that: a. Pursuant to applicable law, Employee has the opportunity to review a copy of this Agreement for a period of twenty-one (21) days (the “Review Period”), but is not obligated to avail himself of the full 21 days; b. The Employer urged Employee at the beginning of the Review Period to consult with an attorney concerning the terms and conditions of this Agreement, including without limitation the release set forth in this Agreement; and c. The terms and conditions of this Agreement have not been amended, modified, or revoked during the Review Period. The Employer and Employee agree that Employee shall have seven (7) calendar days (the “Revocation Period”) following the date on which Employee signs this Agreement to revoke his acceptance of the Agreement and the release set forth in this Agreement. The parties further agree that any changes made to this Agreement after it was initially provided to Employee shall not restart the running of the Review Period. If Employee revokes this Agreement, it will not become effective and Employee will not be eligible for any benefits described in this Agreement. This Agreement shall not become effective until the Revocation Period has expired. 8. Return of Employer Property. Employee represents that Employee has returned all keys, credit cards, equipment, records, documents, and other property that belongs to the Employer. 9. Voluntary Execution. Employee represents that Employee has read, considered, and fully understands this Agreement and all its terms, and executes it freely and voluntarily. 10. Construction of Agreement; Governing Law. Each party has had a full and complete opportunity to review this Agreement and has been given the opportunity to have legal counsel review it. Accordingly, the parties agree that the common law principles of construing ambiguities against the drafter shall have no application to this Agreement. Interpretation of this Agreement shall be under Washington law. If any action is necessary to enforce the terms of this Agreement, the substantially prevailing party shall be entitled to receive reasonable attorneys' fees and costs. AGENDA ITEM #6. j) Attachment A - Sample Separation Agreement Page | 4 11. No Representations. Employee represents that in entering into this Agreement, Employee does not rely and has not relied upon any representation or statement made by the Employer or any of its employees or agents concerning this Agreement. 12. Complete Agreement. This Agreement constitutes a full and final resolution of all matters in any way related to Employee’s employment with and separation from the Employer. This Agreement supersedes any and all other agreements between the parties, other than an agreement specifically incorporated by reference. The parties agree that no modification, change or amendment of this Agreement or any of its provisions shall be valid, unless in writing and signed by the party against whom such claimed modification, change or amendment is sought to be enforced. 13. Severability. If any provision of this Agreement, or portion thereof, shall be held invalid or unenforceable by a court of competent jurisdiction or in any arbitration proceeding, such invalidity or unenforceability shall attach only to such provision or portion thereof, and shall not in any way affect or render invalid or unenforceable any other provision of this Agreement or portion thereof, and this Agreement shall be carried out as if any such invalid or unenforceable provision or portion thereof were not contained herein. In addition, any such invalid or unenforceable provision shall be deemed, without further action on the part of the parties, modified, amended or limited to the extent necessary to render the same valid and enforceable. 14. Titles. The titles of the sections of this Agreement are inserted merely for convenience and ease of reference and shall not affect or modify the meaning of any of the terms, covenants or conditions of the Agreement. 15. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which, taken together, shall constitute a single agreement. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties have executed this Agreement as their free and voluntary act on the dates set forth below. EMPLOYEE _______________________________ Date: [NAME] CITY OF RENTON _______________________________ Date: [NAME], Mayor Attest: _______________________________ Date: [NAME] City Clerk AGENDA ITEM #6. j) Attachment A - Sample Separation Agreement Page | 5 Approved as to Form: _______________________________ Date: [NAME], City Attorney AGENDA ITEM #6. j) AB - 2842 City Council Regular Meeting - 05 Apr 2021 SUBJECT/TITLE: Amendment No. 1 to CAG-20-395 with Gray & Osborne, Inc. for Construction Management Services for the Duvall Avenue NE Roadway Improvements, NE 7th Street to Sunset Blvd NE 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: The amount budgeted for construction services is $810,200. Amendment No. 1 to CAG -20-395 with Gray & Osborne for the construction management services for the Duvall Avenue NE Roadway Improvements, NE 7th Street to Sunset Blvd NE project (TIP No. 20 -15) is $684,201.08 and is within budget. The total agreement amount with Gray & Osborne is increased from $26,446.65 for assistance during design to the new amount $710,647.73. The cost of construction management services will be charged to project number 317.122702. The project’s 2020 budget for this project was $6,499,523, of which $810,200 was for construction services and $5,445,043 for construction. The unencumbered 2020 project budget will be included as part of the upcoming 2021 carry forward budget adjustment. This amendment will leave a balance of $125,999 remaining in construction services. SUMMARY OF ACTION: The Duvall Avenue NE Roadway Improvements, NE 7th Street to Sunset Blvd. NE project will install curb, gutter, sidewalk, and pedestrian ramps to current ADA standards, and connect to the existing sidewalk at NE 12th Street. Streetlights will also be installed on the east side of Duvall Avenue NE from NE 7th Street to NE 12th Street. The Department of Ecology grant will fund design and construction of water quality improvements on the east side of Duvall Avenue NE from NE 10th Street to NE 12th Street. Th e Transportation Improvement Board’s (TIB) fuel tax grant will fund construction of new sidewalks from NE 9th Street to NE 10th Street. As a result of a proposed Renton School District project, new sidewalk improvements on the west side of Duvall Avenue N E between NE 10th Street and NE 12th Street will be eliminated and new sidewalk improvements will be installed on the east side of Duvall Avenue NE between NE 7th Street and NE 9th Street. This change to the project has been authorized by the TIB and will not impact the use of grant funds. Gray & Osborne was selected from the Municipal Research and Services Center (MRSC) roster pursuant to city Policy 250-02 Purchasing, Bidding and Contracting Requirements. The scope of work included bid documents review, construction management, inspection, documentation, and material testing services. A request for qualifications was sent out to selected consultant firms with expertise in civil engineering and construction management as listed in the MRSC roster. Among the three selected firms that submitted the project specific statement of qualifications (SOQs), Gray & Osborne had the top ranking qualification and during the interview process demonstrated they were the most qualified for this project. AGENDA ITEM #6. k) Amendment No. 1 retains the services of Gray & Osborne for construction management and material testing during construction of the project. The services provided by the consultant are based on estimate of construction activity for 260 working days. The consultant wi ll be providing a project engineer, resident engineer, document control specialist, and construction observer. Payment for services will be based on actual hours worked and expenses incurred. The breakdown of this amendment is $645,976 for construction management, inspection, and documentation services and $38,225 for materials testing services. EXHIBITS: A. Amendment No. 1 to CAG-20-395 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Amendment No. 1 to CAG-20-395 with Gray & Osborne to provide construction management services totaling $684,201.08 for the Duvall Avenue NE Roadway Improvements, NE 7th Street to Sunset Blvd NE project (TIP 20-15). The new maximum amount payable for this agreement is increased to $710,647.73. AGENDA ITEM #6. k) AMENDMENT NO. 1 TO AGREEMENT FOR CAG-20-395 THIS AMENDMENT, dated ________________________, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Gray & Osborne, Inc. (“Consultant”), a Washington corporation. The City and the Consultant are referred to collectively in this Amendment as the “Parties.” Once fully executed by the Parties, this Amendment is effective as of the last date signed by both parties. Whereas, the City engaged the services of the Consultant under Agreement CAG-20-395, dated November 9, 2020, to provide necessary services for the Duvall Avenue NE Project (referred to herein as the “Agreement”); Whereas, the Parties wish to amend the Agreement to change the scope of work and change the compensation in order to provide construction management, inspection, and material testing services during construction phase. NOW THEREFORE, It is mutually agreed upon that CAG-20-395 is amended as follows: 1. Scope of Work: Section 1, Scope of Work, is amended to add work as specified in Exhibit A-1, which is attached and incorporated herein. 2. Compensation: Section 4, Compensation, is amended so that the maximum amount of compensation payable to Consultant is increased by $684,201.08 from $26,446.65 to $710,647.73, including any applicable state and local sales taxes. The additional compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B-1 of the Agreement ,which is attached and incorporated herein. 3. All terms of the Agreement not explicitly modified herein shall remain in full force and effect and such terms shall apply to Work performed according to this Amendment as if fully set forth herein. AGENDA ITEM #6. k) AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 1 EXHIBIT A-1 SCOPE OF WORK CITY OF RENTON DUVALL AVENUE NE CAG 20-395 The following is the City of Renton standard Construction Management Scope of Work, modified for this project. This Amendment No. 1 includes tasks “3g” through “3ggg” as specifically detailed below. The expiration date of this agreement is December 31, 2025, no change from the original agreement. This amendment assumes that there are 260 working days in the construction contract and time to complete/close-out the project. Construction Management Scope of Work 1. GENERAL a. Construction Management. The Consultant shall manage the Project Construction as set forth in the Duvall Avenue NE Project Contract Construction Documents, WSDOT LAG Manual, 2021 WSDOT Standard Specifications, and the WSDOT Construction Manual except as may be modified below. 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 Sub-Consultant 6. Material Testing Laboratory, if employed by the Consultant 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: AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 2 1. Project Manager 2. Engineer 3. Construction Observer, if employed by the City 4. Material Testing Laboratories, if employed by the City 5. Public Outreach 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 RFI’s. iii. Representatives of the Consultant 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. 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.) AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 3 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. IDR’s (3.qq.) xxv. Pay notes (3.rr.) xxvi. RFI’s (3.tt.) xxvii. Training (3.uu.) 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.) AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 4 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. IDR’s (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.) 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.) AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 5 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. IDR’s (3.qq.) xiv. Pay notes (3.rr.) xv. RFI’s (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 Sub-consultant i. Public outreach (3.fff.) f. Testing Laboratory i. ROM (3.f.) 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.) 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.) AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 6 xvi. Preconstruction meeting (3.v.) xvii. Notice to proceed (3.z.) xviii. Work suspension. (3.mm.) xix. IDR’s (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.) 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. RFI’s (3.tt.) AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 7 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, on line, 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. k) EXHIBIT A-1 Construction Management Scope of Work Page 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 the Resident Engineer and reviewed by the Engineer of Record and Project Manager 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)). AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 9 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 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 pre-construction 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. AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 10 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 on line to the City, the Contractor, and all members of the construction management team and at the weekly construction meeting following the status change. 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). AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 11 iv. The Documentation Specialist shall be responsible for filing all meeting minutes (3.dd). v. Contractor Records 1. The Document 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. AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 12 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. 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 CMO’s and/or MCC’s 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 b y 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. AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 13 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. Retainage UDBE Subcontractors ( See Special Provision for UDBEs 1275) i. Retainage required by state law will be covered by the contract bond. Upon award, the UDBE goal percentage is replaced with the individual UDBE sub-contractor dollar amounts provided with the bid that become Conditions of Award (COA’s) ii. COA UDBE’s 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 UDBE’s 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. 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). 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). AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 14 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 Pre-construction 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 Sub-consultant 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) 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. AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 15 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 prevailed 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 via correction notice per Section kk. 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) AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 16 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. 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 fo r 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 AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 17 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 or outside on the job site or via online meeting 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 Sub-consultant 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 4. Schedule progress a. Contractor’s weekly look-ahead schedule b. Up-coming pre-construction 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 AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 18 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. RFI’s 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. 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 AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 19 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 pre- construction, 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 2 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.) Std. Specs. 1-08.5. 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.). AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 20 ii. The Resident Engineer and the Construction Observer shall review the plans, specifications, special provisions, and bid items for work planned for the up-coming 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. 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 pre-construction 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, 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 Gray & Osborne’s subconsultant MTC. AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 21 iii. Compaction testing will be by Gray & Osborne’s subconsultant MTC. iv. Utilities testing will be by Public Works: water Joshua Drummond, King County Water District 90 (425-255-9600), George Stahl, City of Renton Water Maintenance Manager (425-430-7000); Nathan Nelson, City of Renton Surface/Waste Water Maintenance Manager (425-430-7400). 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. 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 AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 22 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. AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 23 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 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. IDR’s i. The Construction Observer shall complete inspector daily reports for every day worked by the Contractor. The IDR’s 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 IDR’s shall be made on WSDOT forms 422-004, 004A and 004B Revised 07/2019 iii. The Resident Engineer shall review all IDR’s. 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 AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 24 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 (RFI’s) 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. iii. The Documentation Specialist shall maintain and update a City form RFI tracking spreadsheet containing all RFI’s. 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. AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 25 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 insure 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. k) EXHIBIT A-1 Construction Management Scope of Work Page 26 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, 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. AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 27 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. 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 AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 28 2. Pressure Testing 3. Manhole inspection iv. Surface Water 1. Video 2. Pressure testing 3. Manhole/catch Basin inspection v. Streets 1. Curb/gutter inspection 2. Sidewalk inspection 3. 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 ggg. Construction Management System i. Set up and maintain a web-based Construction Management System (CMS). ii. Electronic documentation of the project files will be stored on the CMS. iii. Engineer, Project Manager, Engineer of Record, Resident Engineer, Documentation Specialist, Construction Observer, other staff as approved by the City, the Contractor’s project manager, superintendent and administrative staff will be provided credentials to the CMS . 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. AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 29 b. Construction office equipment shall be provided by the consultant. 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. c. Weekly Construction Meetings will be held in the CM consultant’s construction office, outdoors on the job site, or online. d. Scope of Work. This Scope of Work shall be kept and mounted on a wall in the CM consultant’s 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 CM consultant’s 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 CM consultant’s 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 CM 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 CM consultant’s construction office at all times. The Resident Engineer shall track the construction progress with a yellow hi-liter. 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 may 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. k) EXHIBIT A-1 Construction Management Scope of Work Page 30 Table of contents 1. General 1 a. Construction Management 1 b. Consultant’s Responsibilities 1 c. City’s Responsibilities 1 d. Other’s Responsibilities 2 e. Directing the Contractor 2 f. Duty of the Consultant 2 g. Deliverables 2 2. Responsibilities a. Construction Manager 2 b. Resident Engineer 3 c. Construction Observer 4 d. Documentation Specialist 4 e. Public Outreach Sub-consultant 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 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-Material Submittal List 8 i. Bid Analysis 8 j. Determination of Bid Responsiveness and Bidder Responsibility 8 k. Pre-Award Meeting 9 l. Preparation of Contract Documents for execution 9 m. Award 9 n. Execution 9 o. Record Keeping 10 AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 31 p. Non-Materials Submittal Schedule 11 q. Materials 11 r. Buy America 12 s. Subcontractors 12 t. Retainage UDBE Subcontractors 13 u. Progress Schedule 13 v. Preconstruction Meeting 14 w. Labor 15 x. Project Labor List 16 y. Contractor’s Equipment Rate List 16 z. Construction Observer and Documentation Specialist Oversight 16 aa. Notice to Proceed 16 bb. Mobilization 16 cc. Weekly Construction Meetings 17 dd. Safety 18 ee. Meeting Minutes 19 ff. Weekly Statement of Working Days 19 gg. Contractor’s Weekly Look-Ahead Schedule 19 hh. Conformity With and Deviations From Plans and Stakes 20 ii. Testing 20 jj. Permanent Monuments 21 kk. Correction Notices 21 ll. Environmental 21 mm. Work Suspension 22 nn. Photographs 23 oo. Diary 23 pp. Field Notebooks 23 qq. IDR’s 23 rr. Pay Notes 23 ss. As-Built Plans 23 tt. Requests for Information (RFI’s) 24 uu. Training 24 vv. Serial Letters 24 ww. Progress Payment Forms 25 xx. Force Account 25 yy. Progress Payments 25 zz. Materials on Hand 26 aaa. Field Directives 26 AGENDA ITEM #6. k) EXHIBIT A-1 Construction Management Scope of Work Page 32 bbb. Change Orders 26 ccc. Protests 27 ddd. Notices 27 eee. City Public Works Department Notification 27 fff. Public Outreach 28 ggg. Construction Management System 28 4. Controlling Order of Contract Documents 28 5. CM Construction Office 28 AGENDA ITEM #6. k) Task Description hrs hrs $hrs $hrs $hrs $hrs $hrs $hrs $ 5 - Project Management z. Project Management and oversight, ggg. Manage web based Construction Management System (CMS)33 $1,779.69 0 $0.00 0 $0.00 32 $1,728.00 3 $177.30 0 $0.00 0 $0.00 0 $0.00 6 - Preconstruction Meeting v. Preconstruction Meeting 16 $862.88 16 $633.60 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 3 $126.90 7- Subcontractor approval/Payrolls s. Subcontractor Approval and Tracking (12 EA), w. SOI, Certified Payroll, Wage Interviews and AWP tracking, x. Project Labor List review and approval 20 $1,078.60 188 $7,444.80 125 $3,531.25 0 $0.00 0 $0.00 26 $728.00 0 $0.00 12 $507.60 8 - Submittal Review and Schedule o. Record Keeping, p. Non-materials Submittal tracking, q. Material documentation, u. Progress Schedule review and Tracking, y. Contractor's Equipment Rate List review 79 $4,260.47 228 $9,028.80 200 $5,650.00 0 $0.00 0 $0.00 50 $1,400.00 0 $0.00 0 $0.00 9 - Weekly Meetings cc. Weekly Construction Meetings (52 EA), ee. Meeting Minutes, gg. Contractor's weekly look-ahead schedule 221 $11,918.53 156 $6,177.60 0 $0.00 0 $0.00 4 $236.40 0 $0.00 0 $0.00 104 $4,399.20 10 - Field Inspection dd. Safety, ff. Weekly Statement of Working Days (52 EA), hh. Observe construction staking and conduct on-site preconstruction meetings (2 EA), jj. Report found permanent monuments (1 EA), kk. Written correction notices (1 EA), ll. Report environmental violations observed (1 EA), mm. work suspension (1 EA), nn. Photographs (260 EA), pp. Field Notebook (260 EA), qq. IDR (260 EA), rr. pay note (FNR - 260 EA), ss. As-Built Plans markups, xx. Force Account tracking and review (6 EA)175 $9,437.75 224 $8,870.40 130 $3,672.50 0 $0.00 0 $0.00 24 $672.00 0 $0.00 1918 $81,131.40 11 - Material Testing **ii. Materials Testing 26 $1,402.18 26 $1,029.60 26 $734.50 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 12 - Progress Estimates ww. Progress Payment form (12 EA), yy. Progress Payment (12 EA), zz Material on Hand (4 EA)20 $1,078.60 36 $1,425.60 36 $1,017.00 0 $0.00 0 $0.00 11 $308.00 0 $0.00 18 $761.40 13 - Change Orders, RFI's and communication tt. RFI response and tracking (25 EA), vv. Serial Letter preparation and tracking (2 EA), aaa. Field Directives (25 EA); bbb. Change Orders(12 EA); ccc. Protests (2 EA), ddd. Notices (2 EA), eee. Notify City Public Works for testing and inspection (6 EA)142 $7,631.10 230 $9,088.20 96 $2,712.00 0 $0.00 8 $472.80 24 $672.00 48 $1,872.00 12 $507.60 14 - Closeout o. Record Keeping and ss. As-Built Plans 34 $1,833.62 68 $2,692.80 8 $226.00 0 $0.00 0 $0.00 8 $224.00 96 $3,744.00 16 $676.80 766 $41,283.42 1172 $46,391.40 621 $17,543.25 32 $1,728.00 15 $886.50 143 $4,004.00 144 $5,616.00 2083 $88,110.90 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 766 $41,283.42 1172 $46,391.40 621 $17,543.25 32 $1,728.00 15 $886.50 143 $4,004.00 144 $5,616.00 2083 $88,110.90 $205,563.47 0.300 $61,669.04 1.7958 $369,150.87 $9,592.71 $38,225.00 $684,201.08 Technician Michael Ballard Tamara Nack Dylan Majewski Engineer in Training $28.25 $39.00 Heip Mai IT $54.00 Date: $42.30 Phil Van Earwage Resident Inspector Tuesday, March 16, 2021 $28.00$39.60 Function/Title Hourly Totals Mgt Res Employee Rate Hourly Subtotals Tani Stafford David Roman Sanchez $59.10$53.93 Principal/PM Civil Engr Engineer in Training Gray & Osborne, Inc. Project Name: Contract Name CAG - 20-395 Contract Totals Amendment No 1 - Exhibit B-1 Duvall Avenue NE - Amendment No 1 - Construction Management **Materials Testing & Consulting, Inc. (MTC) Fee Overhead Expenses - Does not include Field Office Building/electricity/water/sewer Subconsultants Employee Phil Marshall Project Manager Consultant:AGENDA ITEM #6. k) AB - 2837 City Council Regular Meeting - 05 Apr 2021 SUBJECT/TITLE: Authorization to Purchase Signal Equipment and Traffic Calming System Devices for the Safe Routes to Transit Program CAG-20-156 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Transportation Systems Division STAFF CONTACT: Eric Cutshall, Transportation Maintenance Manager EXT.: 2601 FISCAL IMPACT SUMMARY: The total cost of the signal equipment and traffic calming device s for the Safe Routes to Transit Program is $228,848.64. The cost of the equipment and devices will be charged to the program’s budget number 317.123009 and reimbursed through the Capital Improvements Agreement with the King County Metro Transit Department as part of CAG-20-156 approved by Council August 10, 2020. Attached are quote numbers Q-04280 and Q-04284 from Western Systems for proprietary signal equipment totaling $201,856.28. Also attached is estimate number 34228 from Zumar Industries for Shur -Tite Products’ Shur-Curb® traffic calming system devices totaling $26,992.36. Zumar is the exclusive distributor of products manufactured by Shur-Tite Products in Washington state, including the Shur-Curb® systems. All items will be purchased using state bid contract 04616. SUMMARY OF ACTION: On August 10, 2020 Council approved Capital Improvements Agreement with the King County Metro Transit Department CAG-20-156. This agreement allows King County to reimburse the city for design of agreed upon capital improvement projects reducing barriers to transit service and supporting access to transit services and facilities in the city. According to CAG-20-156, the county’s contribution costs are set to not exceed the reimbursement cap of $1,500,000. Amendment No. 1 to CAG -20-156 extending this agreement to December 31, 2021 was signed by the Mayor February 24, 2021. As part of the capital improvements to transit routes, 18 intersections were identified for upgrades. A list of those intersections may be found in the original CAG-20-156 document. Such improvements include installing pedestrian islands, high-intensity crosswalk beacons (HAWK signals), accessible pedestrian signal (APS) push buttons, bulb-outs, striping, crosswalks, ADA curb ramps and signage. The Public Works Department would like to purchase signal cabinet and crosswalk equipment totaling $201,856.28 from Western Systems. Western Systems developed and designed the city’s proprietary signal cabinet controller units and therefore is a sole source vendor. This proprietary equipment allows for integration and synchronization with existing facilities. The proposed products were selected to match existing infrastructure to allow for streamlined maintenance and operational efficiencies and easy repair or replacement of any components throughout the city. Such streamlining practices are cost effective and reduce the number of spare parts needed to stock for repairs. Zumar Industries is Shur-Tite Products’ exclusive distributor in Washington state. Shur -Tite Products manufactures the patented Shur-Curb® systems selected for the intersection improvements. Some of the AGENDA ITEM #6. l) features and benefits of Shur-Curb® systems are non-metal flexible posts that are self-righting upon impact, 50 hit crash certified, greater visibility with 360° reflective posts and bases, quick and easy installation, compliant with the Manual on Uniform Traffic Control Devices (MUTCD) and accepted by the Federal Highway Administration (FHWA). As outlined in Policy 250-02, Purchasing, Bidding and Contracting Requirements, the purchases from Western Systems and Zumar Industries using state bid contract number 04616 is permitted without soliciting quotes from other vendors. EXHIBITS: A. Western Systems Quote Number Q-04280 B. Western Systems Quote Number Q-04284 C. Zumar Industries Estimate Number 34228 STAFF RECOMMENDATION: Authorize the purchase of proprietary signal equipment from Western Systems and traffic calming system devices from Zumar Industries totaling $228,848.64 using state bid contract number 04616. The cost of the equipment and devices will be charged to the Safe Routes to Transit Program budget number 317.123009 and reimbursed by King County Metro as outlined in agreement CAG-20-156. AGENDA ITEM #6. l) Rev # Eric Cutshall Phone: (425) 430-7423 Contact: Phone: Fax: Email: WA Qty 1 1 1.00 1.00 1.00 1.00 1.00 1.00 1.00 4.00 State Processing Fee Shipping Subtotal Tax 10.00% Grand Total 020-168-25 0370260-002 740-628-32 1810229 CONTROLLER CABINET (TS2-1); RENTON TYPE ITSP+ (ALPHA) 32CH (USA) 2019 POWER SUPPLY (PS250) SHELF MOUNT (TS2) 5A UPS POWER MODULE 1100W W/(6) RELAYS & 120V INPUT/OUTPUT IP/SNMP AUTOMATIC TRANSFER SWITCH ASSEMBLY 19" RM WITH SURGE & RECEPTACLES 120VAC (P-PLUS + WSDOT) RBMS; CONTROLLER, SENSOR INT CABLES, (1) CAT5E CBLS, (4) BS3B-12-4-EQ SENSORS (4 BATTERY SYSTEM) BATTERY CABLE HARNESS KIT 48V 8FT 1/4-20 TERMINALS W/13IN BLK EXT (334/P+) 2019 BATTERY ALPHACELL 240XTV (112AH / 75LB) Quotation 1122 Industry Street, Bldg. B, Everett, WA 98203 Phone: (425) 438-1133 | Fax: (425) 438-1585 Date Quote # 12/17/20 Q-04280 Email:ecutshall@rentonwa.gov (425) 438-1585 Project Agency: CITY OF RENTON -METRO 2020 City of Renton Prepared For:To place an order: Contact:Kai Antrim Company:City of Renton (425) 530-9017 0000004616 9999999900 Address:kantrim@westernsystems-inc.com City/State:*This order is subject to the terms & conditions Part #Mfg Part #Description WSDOES CONTRACT #04616 MISC ITEM, WSDOES 0.76% PROCESSING FEE 3017500081 3017500081 $160.18Terms:Net 30 ENCLOSURE TYPE ITSP+ ROLLED STOCK (F) ALLEN WRENCH (S) HANDLES, NO GEN DOOR (UNFINISHED) 2515509990 5070070250 8025000110 8025015000 8025095500 8025050032 8025040085 2515509990 PS250 017-230-23 $2,123.70 $0.00 See General Conditions below for exceptions and changes to freight and lead time policies $23,360.69 Material Lead Time:$21,236.99 Freight Terms:FOB DESTINATION 1 of 3 EXHIBIT C AGENDA ITEM #6. l) Delivery Inspection: All materials deliveries must be inspected upon receipt from freight carrier. Any freight damages must be reported to the carrier at the time of receipt of goods. Any materials shortages or inaccuracies in shipment must be reported to Western Systems within ten days receipt of goods. Thereafter, any discrepancies will be considered incidental and the responsibility of the receiver. GENERAL CONDITIONS OF SALE All information contained within this quote is valid for 30 days from the date of the quotation. Thereafter, all prices and applicable charges are subject to change. The acceptance of this quotation implies the acceptance of the following terms and conditions which cannot be varied or waived except by express written authorization by a Western Systems representative. These terms govern the sale of goods and services supplied by Western Systems. Differing terms from Buyer in any purchase order or written communication shall not be binding on Western Systems. TERMS AND CONDITIONS Purchase Order: All purchases require a formal purchase order. Emails or verbal communication does not constitute an acceptable purchase order. Material lead time date is based after the release of the order. During the Covid-19 outbreak, Western Systems lead time dates will be estimates based on our best information available. Clarification on Shipping During Covid-19; FOB Destination and FOB Destination, Prepay & Add terms as quoted imply that the customer will be available to receive material deliveries. Any repeated delivery attempts, trucking reroutes, en-route cancellations or product factory returns which incur additional shiping costs shall be billed to the customer will be passed onto the purchaser. Taxes/Fees: Unless current resale certificate is on file with Western Systems, purchaser shall be responsible for all tariffs, duties, sales or use taxes in addition to the quoted prices herein. Any taxes listed are estimated totals and should be verified against local requirements. Payment Terms are based on approval of credit. Western Systems imposes a surcharge of 2% on the transaction amounts when paying with a Visa or MasterCard. We are unable to accept other credit cards for payment options. All prices are quotes in USD funds. On-Site Services: On-site services such as signal or video system turn-on support shall be scheduled three weeks in advance. If services need to be cancelled or postponed, any non-reimbursable travel expenses will be billed to purchaser. This quotation does not provide nor imply any on-site support services unless mentioned specifically herein. If on-site support services are required, and not included as part of this proposed scope of work, please contact Western Systems for a revised quotation. Warranty: Standard one-year warranty on material goods manufactured or supplied by Western Systems from the date of manufacturers factory shipment, unless superseded by an additional manufacturer’s warranty, provided such goods are maintained and operated in accordance with manufacturers standard method of operation. For additional information on Western Systems warranty, please send an email to info@westernsystems-inc.com. Non-Payment Penalties: If payment has not been received within terms, the purchaser will be considered in default. Western Systems will be entitled, without prejudice to our other rights, without serving notice of default, to charge the purchaser for all costs incurred such as administration, storage, legal advice etc. The unpaid portion of any amount due to Western Systems will bear interest at the rate of 1.5% per month simple interest. Western Systems reserves the right to hold goods until customer balances their account. Western Systems will not be subject to any project retainage of any kind. Material purchases are due and payable upon receipt. Unpaid balances will be subject to Non-Payment Penalties. Collections: Upon Buyer default of these terms, Western Systems may, in addition to any other rights or remedies at contract or law, declare the entire balance of Buyer’s account immediately due and payable. If unpaid balance is referred for collections, Buyer agrees to pay Western Systems, to the extent permitted by law, reasonable attorney fees in addition to all damages otherwise available, plus any court costs or expenses incurred by Western Systems, plus any finance charges accrued on any unpaid balance owed by Purchaser. Deferment or Cancellation Policy: Order deferment or cancellation once materials have been released will be subject to cancellation and/or restocking fees. Return and Restocking Policy: Western Systems will be the sole source in determining whether any item is eligible for return. To be eligible the item(s) must be standard product models, new and unused, in the original packaging, and invoiced within the last 90 days. Restocking fees are applied to all returns and can vary between 20-50% based on annual sales activity. In no case will Western Systems be obligated to take returns for materials, including items that are obsolete, custom orders, or past the 90-day invoice period. Documentation: Any operational documentation supplied as a part of this quotation remains the property of Western Systems and may not be copied, reproduced, transmitted or communicated to 3rd parties without the express written consent of Western Systems. 2 of 3 EXHIBIT C AGENDA ITEM #6. l) Force Majeure: Western Systems, Inc. shall in no event be responsible for delays in performance due to actions beyond its reasonable control including without limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war, civil disturbance or carrier delays. Western Systems, Inc. accepts no liability for errors or omissions or the accuracy or the completeness of this quotation. It has been prepared to the best of our knowledge per plans, specifications, documentation and communications provided but we do not guarantee these to be accurate or of the latest revision. Determination of accuracy of this quotation and final quantities are the sole responsibility of recipient. Western Systems, Inc. shall in no event be liable for any special, consequential, incidental or liquidated damages (including without limitation damages for loss of use of facilities or equipment, loss of revenue, loss of profits or loss of goodwill), regardless of whether seller (a) has been informed of the possibility of such damages or (b) is negligent. 3 of 3 EXHIBIT C AGENDA ITEM #6. l) 1 of 4 Quotation 1122 Industry Street, Bldg. B, Everett, WA 98203 Phone: (425) 438-1133  |  Fax: (425) 438-1585 Date Quote #Rev # 03/02/21 Q-04284 Project Agency: CITY OF RENTON -METRO 2020 City of Renton Prepared For:To place an order: Contact:Eric Cutshall Phone: (425) 430-7423 Contact:Kai Antrim Company:City of Renton Phone:+1 4255309017 Email:ecutshall@rentonwa.gov Fax:(425) 438-1585 Address:Email:kantrim@westernsystems-inc.com City/State:WA *This order is subject to the terms & conditions Qty Part #Description Unit Price Ext. Price 14.00 7220086264 INS2 APS (iNAVIGATOR) 2 WIRE SYS W/9X15 HIRR R10-3E SIGN, BRAILLE, VOICE (YELLOW) 2016 $843.22 $11,805.08 15.00 8530030054 CONTROL CABINET (SC315-G) AC, NATURAL FINISH $2,084.38 $31,265.70 15.00 8530038050 POLARA XAV CONTROLLER UNIT, MANDATORY FOR XAV2E AUDIBLE PUSHBUTTON (CABINET BASED SYS)$976.56 $14,648.40 15.00 8530038055 PUSHBUTTON AUDIBLE (XAV2E-LED) YELLOW $807.81 $12,117.15 15.00 8530038030 HARNESS, 16FT, XAV TO TPB, F- & G- SERIES $159.38 $2,390.70 23.00 8530080115 LIGHTBAR WITH CONFIRMATION LIGHTS (INCLUDES UNIVERSAL MOUNTING BRACKET) (BLACK)$659.38 $15,165.74 23.00 8530080117 HARNESS,16FT, TERMINAL BLOCK TO LIGHT BAR, RRFB, SC315, TPE $81.25 $1,868.75 19.00 Bundle - Pelco $0.00 $0.00 19.00 7520010380 POLE SPUN ALUMINUM 4-1/2" SCHEDULE 40 14' LENGTH $319.45 $6,069.55 19.00 7520030030 PEDESTAL BASE ALUMINUM SQUARE WITH ALUMINUM DOOR NO LOGO,$170.70 $3,243.30 19.00 7520030200 COLLAR ASSEMBLY ALUMINUM FOR SQUARE BASE $74.22 $1,410.18 19.00 7520040030 ANCHOR BOLT KIT 3/4" #10, SET OF (4) GALVANIZED $39.22 $745.18 19.00 7520050110 POLE CAP DOME 4-1/2" OD ALUMINUM $13.59 $258.21 4.00 8530030050 CONTROL CABINET (SC315-G) SOLAR, NATURAL FINISH $1,681.25 $6,725.00 4.00 8530010302 BATTERY 100AH $403.13 $1,612.52 4.00 8530010292 80 WATT SOLAR PANEL $356.25 $1,425.00 4.00 8530010297 SIDE OF POLE MOUNT FOR 80 WATT SOLAR PANELS $271.88 $1,087.52 4.00 8530010289 SOLAR PANEL HARNESS, MC4 TO SPADE TERMINALS, 8'$103.13 $412.52 8.00 8530080115 LIGHTBAR WITH CONFIRMATION LIGHTS (INCLUDES UNIVERSAL MOUNTING BRACKET) (BLACK)$659.38 $5,275.04 AGENDA ITEM #6. l) 2 of 4 8.00 8530080117 HARNESS,16FT, TERMINAL BLOCK TO LIGHT BAR, RRFB, SC315, TPE $81.25 $650.00 4.00 8530038050 POLARA XAV CONTROLLER UNIT, MANDATORY FOR XAV2E AUDIBLE PUSHBUTTON (CABINET BASED SYS)$976.56 $3,906.24 4.00 8530038055 PUSHBUTTON AUDIBLE (XAV2E-LED) YELLOW $807.81 $3,231.24 4.00 8530038030 HARNESS, 16FT, XAV TO TPB, F- & G- SERIES $159.38 $637.52 3.00 5850010100 CAMERA/RADAR SYSTEM (VECTOR) 115VAC ITERIS (COLOR) 2012 $5,359.38 $16,078.14 1.00 0630020040 CABLE SIAMESE RG 59/U  & 16/3 POWER COMBINED (ISOTEC) 500FT $937.50 $937.50 1.00 0630020060 CABLE SIAMESE RG 59/U  & 16/3 POWER COMBINED (ISOTEC) 1000FT (ISOCBL)$1,875.00 $1,875.00 2.00 5850040716 VANTAGE NEXT VIDEO PROCESSOR (DUAL)$4,218.75 $8,437.50 1.00 0285021000 DETECTOR RACK 16CH (TS2)$236.41 $236.41 2.00 5850080270 MONITOR COLOR LCD 10.4"  (IDEFFENDER SECURITY) HDMI $664.06 $1,328.12 3.00 5460020030 OPTICOM (721) DETECTOR 2 BARREL 1 CHANNEL $835.94 $2,507.82 1.00 5455050020 OPTICOM 2CH (INFRARED)$2,918.75 $2,918.75 1.00 8530038061 PUSHBUTTON POLARA iNX AUDIBLE, 9X12 SIGN & MOUNT, YELLOW $775.00 $775.00 Terms:Net 30 Subtotal $161,044.78 Freight Terms:FOB DESTINATION Shipping $0.00 Material Lead Time:Tax 10.00%$16,226.87 See General Conditions below for exceptions and changes to freight and lead time policies Grand Total $178,495.59 AGENDA ITEM #6. l) 3 of 4 GENERAL CONDITIONS OF SALE All information contained within this quote is valid for 30 days from the date of the quotation. Thereafter, all prices and applicable charges are subject to change. The acceptance of this quotation implies the acceptance of the following terms and conditions which cannot be varied or waived except by express written authorization by a Western Systems representative. These terms govern the sale of goods and services supplied by Western Systems. Differing terms from Buyer in any purchase order or written communication shall not be binding on Western Systems. TERMS AND CONDITIONS Purchase Order:  All purchases require a formal purchase order. Emails or verbal communication does not constitute an acceptable purchase order.  Material lead time date is based after the release of the order. During the Covid-19 outbreak, Western Systems lead time dates will be estimates based on our best information available. Clarification on Shipping During Covid-19; FOB Destination and FOB Destination, Prepay & Add terms as quoted imply that the customer will be available to receive material deliveries. Any repeated delivery attempts, trucking reroutes, en-route cancellations or product factory returns which incur additional shiping costs shall be billed to the customer will be passed onto the purchaser. Taxes/Fees:  Unless current resale certificate is on file with Western Systems, purchaser shall be responsible for all tariffs, duties, sales or use taxes in addition to the quoted prices herein. Any taxes listed are estimated totals and should be verified against local requirements. Payment Terms are based on approval of credit. Western Systems imposes a surcharge of 2% on the transaction amounts when paying with a Visa or MasterCard.  We are unable to accept other credit cards for payment options. All prices are quotes in USD funds. Non-Payment Penalties: If payment has not been received within terms, the purchaser will be considered in default. Western Systems will be entitled, without prejudice to our other rights, without serving notice of default, to charge the purchaser for all costs incurred such as administration, storage, legal advice etc. The unpaid portion of any amount due to Western Systems will bear interest at the rate of 1.5% per month simple interest. Western Systems reserves the right to hold goods until customer balances their account. Western Systems will not be subject to any project retainage of any kind. Material purchases are due and payable upon receipt. Unpaid balances will be subject to Non-Payment Penalties. Collections: Upon Buyer default of these terms, Western Systems may, in addition to any other rights or remedies at contract or law, declare the entire balance of Buyer’s account immediately due and payable. If unpaid balance is referred for collections, Buyer agrees to pay Western Systems, to the extent permitted by law, reasonable attorney fees in addition to all damages otherwise available, plus any court costs or expenses incurred by Western Systems, plus any finance charges accrued on any unpaid balance owed by Purchaser.  Deferment or Cancellation Policy: Order deferment or cancellation once materials have been released will be subject to cancellation and/or restocking fees. Documentation: Any operational documentation supplied as a part of this quotation remains the property of Western Systems and may not be copied, reproduced, transmitted or communicated to 3rd parties without the express written consent of Western Systems. On-Site Services: On-site services such as signal or video system turn-on support shall be scheduled three weeks in advance. If services need to be cancelled or postponed, any non-reimbursable travel expenses will be billed to purchaser. This quotation does not provide nor imply any on-site support services unless mentioned specifically herein. If on-site support services are required, and not included as part of this proposed scope of work, please contact Western Systems for a revised quotation. Warranty: Standard one-year warranty on material goods manufactured or supplied by Western Systems from the date of manufacturers factory shipment, unless superseded by an additional manufacturer’s warranty, provided such goods are maintained and operated in accordance with manufacturers standard method of operation. For additional information on Western Systems warranty, please send an email to info@westernsystems-inc.com.  Return and Restocking Policy: Western Systems will be the sole source in determining whether any item is eligible for return. To be eligible the item(s) must be standard product models, new and unused, in the original packaging, and invoiced within the last 90 days. AGENDA ITEM #6. l) 4 of 4 Restocking fees are applied to all returns and can vary between 20-50% based on annual sales activity. In no case will Western Systems be obligated to take returns for materials, including items that are obsolete, custom orders, or past the 90-day invoice period. Delivery Inspection: All materials deliveries must be inspected upon receipt from freight carrier. Any freight damages must be reported to the carrier at the time of receipt of goods. Any materials shortages or inaccuracies in shipment must be reported to Western Systems within ten days receipt of goods. Thereafter, any discrepancies will be considered incidental and the responsibility of the receiver. Force Majeure: Western Systems, Inc. shall in no event be responsible for delays in performance due to actions beyond its reasonable control including without limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war, civil disturbance or carrier delays. Western Systems, Inc. accepts no liability for errors or omissions or the accuracy or the completeness of this quotation. It has been prepared to the best of our knowledge per plans, specifications, documentation and communications provided but we do not guarantee these to be accurate or of the latest revision. Determination of accuracy of this quotation and final quantities are the sole responsibility of recipient. Western Systems, Inc. shall in no event be liable for any special, consequential, incidental or liquidated damages (including without limitation damages for loss of use of facilities or equipment, loss of revenue, loss of profits or loss of goodwill), regardless of whether seller (a) has been informed of the possibility of such damages or (b) is negligent. AGENDA ITEM #6. l) ISSUE PO TO ESTIMATE DATE ESTIMATED: 12/17/2020 ESTIMATE NUMBER: 34228 ZUMAR 12015 Steele Street South Tacoma, WA 98448 BILL TO SHIP TO CITY OF RENTON mtrubac@rentonwa.gov 3555 NE 2nd ST CITY OF RENTON 3555 NE 2ND STREET BUILDING B ATTN: A/P RENTON, WA 98056 US RENTON, WA 98056 US CUST. NO. TERMS Net 30 ACCOUNT MANAGER 000598 Kayla Lehan FOB ESTIMATED SHIP DATE FOB Destination SUBTOTAL: $24,538.50 TAX: $2,453.86 TOTAL: $26,992.36 UNIT PRICE QUANTITY ESTIMATED TOTAL PRICE UOM PART NUMBER ITEM DESCRIPTION 001 USD 20,018.25 EA 155 STCRBSPR36W 129.15 Shur-Curb Traffic Separator 36" Wht& Curb Post Complete System(Includes 6ea.anchor bolts) 002 USD 4,520.25 EA 35 STCRBSPR36Y 129.15 Shur-Curb Traffic Separator 36" Yel& Curb Post Complete System(Includes 6ea.anchor bolts) This is a quotation on the goods named above and is subject to the conditions noted below: Quote is valid today through date of expiration shown above. Prices are for goods shown on the plan and/or takeoff sheet provided at the time of quote request. Pricing is for furnish only and does not include installation or hardware unless other wise pecified. Production days begin upon receipt of approved layouts (if applicable). Customer is responsible for all applicable sales taxes and duty which are calculated at the time of invoicing. Quotation valid for 30 days unless otherwise specified. EXHIBIT B AGENDA ITEM #6. l) EXHIBIT A AGENDA ITEM #6. l) AB - 2840 City Council Regular Meeting - 05 Apr 2021 SUBJECT/TITLE: Agreement with Northwest Hydraulic Consultants for the Lower Cedar River Flood Risk Reduction Feasibility Study RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Amanda Pierce, Surface Water Utility Engineer EXT.: 7205 FISCAL IMPACT SUMMARY: Funding for this agreement in the amount of $458,761 is available from the approved 2020 Surface Water Utility Capital Improvement Program budget for the Lower Cedar River Flood Risk Reduction Feasibility Study (427.475515). This project is fully funded by the King County Flood Control Zone District grant agreement CAG-20-075 for $499,658. SUMMARY OF ACTION: The Lower Cedar River Flood Risk Reduction Feasibility Study intends to assess the feasibility of improving the level of flood protection and evaluate future flood risk mitigation projects along the Cedar River from Lake Washington to approximately 2904 Maple Valley Highway (River Mile 0 to River Mile 2.7), an area with significant economic activity within Renton and King County. This feasibility study will identify potential measures or projects that would increase resiliency and reduce risk to floods gre ater than a 100-year event, as well as determining the most feasible level of flood protection. This project is intended to provide a guiding document identifying future flood risk mitigation projects for consideration by the City of Renton and King County Flood Zone District funding programs. The City solicited a request for proposals in the Daily Journal of Commerce for engineering consulting services. Two proposals were submitted and evaluated for this study. Northwest Hydraulic Consultants (NHC) was selected as the most highly qualified firm for the project under city policy 250 -02, as their proposal was the most comprehensive and provided a clear understanding of the project objectives. NHC has provided similar studies for the Port of Tillamook Bay, King County Flood Water Land Resources Division, and the US Army Corps of Engineers Seattle District. Services to be provided consist of project management, surveying, hydrologic and hydraulic modeling, existing conditions assessment, alternatives analy sis, reporting, and recommended improvements for flood risk reduction. EXHIBITS: A. Agreement B. Vicinity Map STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the agreement with Northwest Hydraulic Consultants in the amount of $458,761 for the Lower Cedar River Flood Risk Reduction Feasibility Study. AGENDA ITEM #6. m) AGREEMENT FOR LOWER CEDAR RIVER FLOOD RISK REDUCTION FEASIBILITY PROJECT THIS AGREEMENT, dated for reference purposes only as March 23, 2021, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Northwest Hydraulic Consultants (“Consultant”), Washington corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide surveying, hydrologic and hydraulic modeling, and reporting as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit B or as otherwise mutually agreed by the Parties. 3.Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit C. All Work shall be performed by no later than December 31, 2022. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $458,761, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for AGENDA ITEM #6. m) PAGE 2 OF 10 such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards AGENDA ITEM #6. m) PAGE 3 OF 10 and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City AGENDA ITEM #6. m) PAGE 4 OF 10 during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. AGENDA ITEM #6. m) PAGE 5 OF 10 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single AGENDA ITEM #6. m) PAGE 6 OF 10 limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Amanda Pierce 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7205 apierce@rentonwa.gov Fax: (425) 430-7241 CONSULTANT Vaughn Collins 12787 Gateway Drive South Tukwila, WA 98168 Phone: (206) 241-6000 vcollins@nhcweb.com Fax: (425) 439-2420 AGENDA ITEM #6. m) PAGE 7 OF 10 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if AGENDA ITEM #6. m) PAGE 8 OF 10 Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Amanda Pierce. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the AGENDA ITEM #6. m) PAGE 9 OF 10 other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. AGENDA ITEM #6. m) PAGE 10 OF 10 N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Vaughn Collins Principal _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney Renton City Attorney Contract Template Updated 9/9/2020 AGENDA ITEM #6. m) EXHIBIT “A” (SCOPE OF WORK) LOWER CEDAR RIVER FLOOD RISK REDUCTION FEASIBILITY STUDY The City of Renton Surface Water Utility (City) has retained Northwest Hydraulic Consultants (NHC) and sub-consultant team members Tetra Tech, GeoEngineers, and Moffat & Nichol to provide professional engineering services to the Public Works Department for the Lower Cedar River Flood Risk Reduction Feasibility Study (the Project). The Project is funded by a King County Flood Control Zone District grant and was identified as a priority project for flood risk reduction within the King County Cedar River Capital Investment Strategy Report. The Project will involve investigation of various short- and long-term measures that would reduce the risk of flooding from River Mile 2.7 (at the Riviera Apartments) to Lake Washington and evaluating the engineering feasibility of increasing level of protection beyond the 100- year return period based on cost-benefit ratio, practicality, total costs, socioeconomic impacts, and site constraints. Ultimately, the Project is intended to provide a guiding document for the City of Renton and the King County Flood Control Zone District’s future flood risk mitigation projects within the project study area. NHC will serve as Prime consultant for the Project and be responsible for general project management and communication with the City, as well as lead the hydrologic, hydraulic, and geomorphic technical disciplines. As sub-consultants, Tetra Tech will be responsible for interior drainage, economic analyses, and civil engineering; GeoEngineers will be responsible for geotechnical and environmental technical disciplines; and Moffat & Nichol will assist with dredge related measures. For each subtask described below, the firm listed in the title will hold primary responsibility for executing the subtask and producing deliverables. 1 Project Management 1.1 – General Project Management (NHC, Tetra Tech, GeoEngineers, Moffat & Nichol) Consultant will provide project management and coordination services. This task includes contract setup, invoicing, progress reporting, subconsultant management and City and team communications and coordination for the duration services identified in the tasks below. Assumptions:  Subconsultants will submit monthly invoices to NHC.  The period of performance is 18 months (April 2021 through September 2022)  For budgeting purposes, general project management will require up to 2 hours per month for NHC over the duration of the project. Client Responsibilities:  Review and approve invoices and other project management documents AGENDA ITEM #6. m) Deliverables:  Monthly Progress Reports and Invoices  Updated and/or Revised Project Schedule (as necessary) 1.2 – Project Coordination and Meetings (NHC) The City and Consultant team will participate in the meetings and conference calls described below. This task includes bi-weekly phone calls with the City and Consultant Project Manager. Lead Hydraulics, Lead Geotech, Lead Civil-Structural and Lead Permit team members and other consultant staff will attend, as needed.  Kickoff/Goal and Objectives Development Meeting – Two (2) hour meetings between City staff and Consultant team  Bi-Weekly Progress Meetings – 36 one- hour meetings between City and NHC (subconsultants will attended as needed)  Project Milestone Meetings – Three (3) two - hour meetings between City staff and Consultant team at key project milestones.  Stakeholder Outreach Meeting(s) – Three (3) two-hour presentation(s) to outside groups at City’s discretion. Assumptions:  NHC will coordinate and facilitate all meetings and conference calls for the duration of the project.  All meetings will be held remotely using web conferencing software until State COVID-19 guidance allows in-person meetings and both City and NHC agree to such. Client Responsibilities:  Participation in meetings and internal coordination with City Departments  Coordination with other government or tribal agencies Deliverables:  Meeting presentations, agenda, and notes. 1.3 – Stakeholder Coordination (NHC) NHC will work with the City to develop a Stakeholder Involvement and Outreach strategy. The strategy will be documented in a brief memorandum and will list all internal and external stakeholders, desired level of participation of each, and at what point in the study process they should be involved. As the study progresses, NHC and the City will coordinate on executing the strategy. Assumptions: n/a Client Responsibilities: AGENDA ITEM #6. m)  Guidance and input into strategy development  Engaging stakeholders at appropriate times in the study  Coordinating all internal (City) stakeholders for meeting times and collating/resolving internal comments on draft study deliverables. Deliverables: Stakeholder Involvement and Outreach Strategy document 2 Existing & Future Without-Project Assessment This task will synthesize existing information and where necessary, develop new data, in order to provide a baseline conditions to compare alternatives against. The without-project condition assumes continued dredging under the current program, completion of work now under design for levee certification efforts, and any other major capital projects planned by the City for implementation in the near term that may impact flood risk. 2.1 – River Hydrology and Hydraulics (NHC) 2.1.1 River Hydrology NHC will update flood frequency curves for the Cedar River at Renton USGS gage, and conduct a literature review for estimates of future peak flows on the Cedar River under climate change scenarios, including potential future changes to operation of SPU’s Masonry Dam. This will be used to generate a climate change flood frequency curve. Flood hydrographs from the 2- through 1000-year event will be generated using a balanced hydrograph approach. A flow duration analysis will also be conducted using USGS gage data to evaluate sediment loading to the lower river (Task 2.2. 2). 2.1.2 River Hydraulic Model NHC will develop a 1D in-channel/2D overbank HEC-RAS model of approximately the lower 2.1 miles of the Cedar River. The model will include the channel, the delta in Lake Washington, all existing levees and floodwalls, and portions of the City at risk of flooding under a large flood with levee breach scenario. The model will be calibrated using available high-water mark and gage data. The model will be run for a suite of flood conditions (42 runs) necessary to characterize without project conditions. Each scenario will consist of a combination of:  One of two channel geometries – a ‘dredge’ case reflecting a fully dredged channel with maximum flood protection, and an ‘aggraded’ case reflecting a channel filled to the current allowable limit.  One of a suite of 7 floods from the 2-year through 1,000-year event; this allows us to capture low-probability high-consequence events, evaluate higher levels of protection than the 100-year flood, and estimate the effects of projected climate change flows.  One of three geotechnical failure levee breach assumptions – ‘no-breach’, ‘left-bank breach’, and ‘right-bank breach’. Breach locations, water surface trigger elevations, widths and erosion rates will be developed utilizing hydraulic model outputs and existing geotechnical data. The AGENDA ITEM #6. m) left and right bank breach cases may include from 1 to 3 breaches and may include floodwall and/or levee failures. In all cases any levee on either bank overtopping by more than one foot will also have a breach triggered. The model will be run in steady state with up to three low flow conditions determined to be of ecological significance. These flows will be run with the ‘dredge’ and ‘aggraded’ channel geometries for a total of six simulations. Bridge hydraulic performance will be evaluated in terms of flood capacity and impacts to upstream flood levels. Structures exhibiting poor performance will be identified and possible replacement will be considered in Task 3. Assumptions: NHC will use primarily existing Cedar River models, survey, and best available LiDAR topography (King County 2016, Non-vegetated Vertical Accuracy (NVA) is 0.204 feet1) to develop the new model. New bathymetric data from the Lake Washington delta area will be incorporated. Client Responsibilities: Review of model results Deliverables:  Preliminary hydraulic model  Preliminary flood mapping for all runs (42 cases) in PDF format and native GIS files  Draft without-project hydrology and hydraulics technical memorandum 2.2 – Dredging, Sediment, and Geomorphology (NHC) 2.2.1 Field Work (NHC) NHC will conduct a limited field data collection for this project. The two main components consist of:  A reach assessment of the lower 2.5 miles of river to observe and document bank conditions, collect up to eight surface bed material samples and up to four subsurface bulk samples of underlying substrate. Bank stability observations are intended to augment previous observations and analysis following high flows that occurred in early 2020. Similarly, bed material samples will augment existing data and provide updated information on current sediment loading and longitudinal variation useful for sediment budget and transport calculations.  Conduct a full bathymetric survey of the Lake Washington delta area. Data will be included in the refined HEC-RAS hydraulic model to evaluate the effect of delta geometry on upstream hydraulics and assess possible future dredging measures to reduce flood impacts. 1 Quantum Spatial. 2017. PSLC King County 2016-2017 LiDAR. Final Technical Data Report Prepared from Puget Sound Regional Council/Puget Sound LiDAR Consortium. June 23. AGENDA ITEM #6. m) 2.2.2 Geomorphic Synthesis (NHC) NHC will compile and review existing sediment and geomorphic data, primarily from the annual Cedar River sediment surveys, 2016 dredge project, and scour monitoring studies. Review of USGS studies and recent King County projects will also be conducted to assess likely impacts on future sediment load. Prior sediment rating curves will be reevaluated using updated information. Data gaps will be identified. NHC will generate probabilistic estimates of future sediment delivery volumes and estimates of changes to sediment delivery under future climate change peak flow increases. NHC will evaluate channel adjustment patterns following the 2016 dredge project and compare to observations from the 1998 dredge project to determine how alternative sediment management measures could be implemented. Findings will be used to develop tools for evaluating sediment management measures. It is anticipated a quantitative model, HEC-RAS or spreadsheet-based, will be used to evaluate sediment transport and deposition within the reach. 2.2.3 Dredging Review (Moffat & Nichol) Review prior dredging action timing and frequency, methods, work window limitations and future development plans located adjacent to the project area to assess constructability and cost implications for a longer-term maintenance dredging program under the existing project conditions. Assumptions:  The reach assessment will be conducted over a two-day period, likely by raft, and involve a two NHC staff.  The bathymetric survey will be conducted over a single day, by boat with two NHC staff, using a combination of RTK-GPS and sounding equipment. Client Responsibilities:  Review of deliverables  Assistance with river access and notification of adjacent landowners (i.e. Boeing) if required Deliverables:  Bathymetric data in CAD and GIS format  Draft Geomorphic Analysis technical memorandum 2.3 – Levee System (GeoEngineers/Tetra Tech)  Develop stage/probability of failure curves (levee fragility curves) for up to four critical or typical locations. We anticipate developing curves for one typical floodwall section and three embankment levee sections that consider geotechnical failure mechanisms such as slope stability and seepage. Structural failure of floodwalls is not expected to have a significant contribution to the overall risk of failure. Failure at flood gates will be addressed as a probability of a mechanical failure or operational failure. Assumptions: n/a AGENDA ITEM #6. m) Client Responsibilities: None Deliverables:  Levee fragility curves 2.4 – Interior Drainage (Tetra Tech) The interior drainage analysis (IDA) is necessary to identify flooding sources and the potential for ponding on the landward side of the levee system. This requirement is codified in CFR 65.10.b.6, which requires that the IDA be based on the joint probability of interior and exterior flooding. The interior drainage analysis developed in 2017 to support the pervious levee certification project will be expanded to include the area upstream of Williams Avenue S bridge. This analysis will then be used to evaluate the interior drainage system for the 200- and 500-year events. The Consultant will delineate the areas tributary to storm drain outfalls upstream of Williams Avenue S using available LiDAR data. The Consultant will also identify the major components of the pipe network upstream of each new outfall added to the analysis. This will be determined from the City’s GIS database. The continuous simulation HSPF model developed for the previous analysis will be updated to include additional outfall tributary area using the hydrologic parameters and long-term climate data sets used to estimate the long-term runoff conditions for the 2017 analysis. The long-term runoff time-series from HSPF will be exported to data files for input to the interior drainage hydraulic model. An EPA-SWMM model of the drainage system will be developed for the expanded drainage study areas. Quasi 2-D analysis will be performed with this model to determine representative drainage pathway to the ponding locations. A long duration, large volume runoff hydrograph will be routed through the model assuming a high tailwater condition at the outfalls to force an overflow. The results of this analysis will clearly show the overflow paths between the discrete storm drain systems. Representative drainage pathways will be input to the conventional EPA-SWMM model as 1-D conduits. Joint probability of interior and exterior flooding will be computed using the period of record method by routing the long-term runoff time-series through the EPA-SWMM hydraulic model. Flood inundation will be evaluated using stage-frequency analysis at discrete ponded areas in the model domain. Flood- frequency will be extrapolated to include the 200- and 500-year return period. Assumptions:  Land cover will be represented using the regional runoff parameters exported from the WWHM model. No calibration will be performed.  Model network will include storm drains, catch basins, and outfalls for the primary conduit network. Lateral connections will be included in the model as needed.  Minimum diameter pipe analyzed will be 12 inches, however not all 12-inch diameter pipes will be included in the model. AGENDA ITEM #6. m)  The 2-D model will be developed using PCSWMM and LiDAR. The 2-D model will be run for a single event with the purpose of identifying overflow pathways between storm drain networks during a flood condition.  Topography used to develop the stage-storage rating for the storage nodes will be obtained from Lidar. Client Responsibilities:  Missing invert data conduits and nodes in the modeled network will be provided by the City. Deliverables:  HSPF model of the interior drainage study areas.  Long-term hydraulic model.  2-D model showing overflow between storm drain networks.  Ponding elevations mapped at 10 locations.  Appendices documenting the results of the hydrologic, hydraulic, and coincident flooding analyses. 2.5 – Environment (GeoEngineers) Existing environmental baseline conditions will be assessed throughout the project limits to provide a baseline upon which the impacts of design alternatives will be evaluated. The assessment will be based on data collected in preparation for, during, and immediately following implementation of the 2016 maintenance dredging action, as well as data collected since that time as part of the Cedar River 205 Levee Improvements project and during on-going post-construction monitoring required by the dredge permits. We will also complete a site visit to assess environmental baseline conditions within the project limits but further upstream than the dredge reach and limits of existing levees. This data will be synthesized and presented in a technical memorandum and associated graphics. Assumptions:  One site visit will be completed to verify and/or update baseline conditions documented during the dredge project, levee improvements project, and/or post-dredge monitoring work, as well as to gather new data for the portion of the project area upstream of the limits of dredging and the existing levee system. Client Responsibilities: None Deliverables:  Baseline Environmental Conditions Assessment Technical Memorandum AGENDA ITEM #6. m) 2.6 – Economics, Equity, and Social Justice (Tetra Tech) The purpose of this task is to characterize flood risk by evaluating potential damages and impacts of flooding to affected properties along the river and surrounding floodplain. The evaluation shall estimate expected annual damages (EAD) to account for a range of different magnitude flood events, levee performance and channel bed conditions, and impacts based on depth and extent of inundation. The estimate of damages for specific flood events shall be based on an inventory of the floodplain structures at risk. The evaluation will include consideration of the extent to which riverine flooding and interior drainage flooding (where applicable) contribute to overall flood risk in terms of economic consequences. This will be accomplished by scenario analysis that considers the likelihood and severity and riverine flooding versus interior drainage flooding for a given flood magnitude. In addition to EAD, the analysis shall qualitatively consider other demographic and socio-economic indicators of population vulnerability in order to describe equity and social justice (ESJ) considerations as they related to modeled flood risk by overlaying existing ESJ indices with the results of the flood damage modeling in GIS. The evaluation shall be based on hydraulic model output in geospatially-gridded format. The economic model will consider levee failure probabilities based on the geotechnical and stability assessment of levee systems as developed in prior tasks in the SOW. The flood risk analysis shall focus the quantitative analysis of flood damages on residential and non-residential structures in the floodplain via application of existing depth-to-percent-damage functions for structural damages and content losses. The potential magnitude of other impacts categories will be discussed qualitatively based on the information provided by the quantitative structure damage analysis. To conduct the economic evaluation of flood risk, the Consultant shall complete the following: 1. Inventory the floodplain for property at risk. Compile demographic information and develop estimates of population at risk, vulnerable populations, and identification of other ESJ considerations to supplement the quantitative economic evaluation of flood risk. Collect and verify damage function data for specified risk categories. Default damage functions and inventory data obtained from the FEMA Hazus database shall be checked for suitability and used in the analysis if appropriate. Data sources shall be limited to the existing databases, publicly available and published industry and agency reports, previous USACE studies, data available from Renton or King County, and Hazus data. Extent of inventory should allow for maximum extent of inundation based upon input from geotechnical and hydraulic elements of the project. 2. Conduct economic evaluation of flood risk for property affected by inundation at each flood stage and levee breach location. Use an economic model such as HEC-FDA or equivalent. 3. Develop a technical memorandum that summarizes the methodology and results of the economic evaluation of flood risk. The technical memorandum shall summarize the economic evaluation methodology, results, and presents the total expected annual damage. It will also summarize consideration of population vulnerability and ESJ in the analysis. 4. Future Conditions economic model using revised peaks flow and distribution of flooding uncertainty parameters using the University of Washington Climate Impacts Group Variable Infiltration Capacity modeling outputs for the 2050’s (i.e. years 2040-2069). The analysis will consider the effects of climate change on economic impacts through modification of the frequency-damage function developed for the future without project condition in a manner that AGENDA ITEM #6. m) reflects the estimated change in annual exceedance probability associated with each of the hydraulic model depth grid outputs developed in previous tasks. This adjustment will facilitate estimation of EAD under future climate change scenarios without requiring additional hydraulic model runs. There will be no inventory modifications or revision of geotechnical fragility curves or flood hazard mapping for the evaluation of climate change. Post-processing will allow estimation of a single EAD that includes the effects of climate change. Assumptions:  There will be a maximum of four mapped levee breaches  There will be a maximum of two channel bed elevation scenarios (e.g. dredge condition and maximum bed profile)  When primary data to support damage, estimation is unavailable (e.g. no historical flood fighting costs), existing published information will be referenced and adjusted as necessary Client Responsibilities:  Historical data for estimation of labor, equipment, and materials costs and quantities for floodlighting or other emergency response activities will be provided.  Existing GIS and Assessor’s database extracts will be provided for the study area. Deliverables: 1. Inventory Memo: Simple memorandum noting the status of inventory development and bulleting the major datasets that have been incorporated 2. Draft and Final Technical Memorandum of the flood hazard analysis and economic evaluation of flood risk 3 Alternatives Formulation and Evaluation 3.1 Project Objectives and Initial Measures2 Development Workshop (NHC) NHC will facilitate a half-day workshop with internal and select external stakeholders to 1) present initial without-project findings, 2) determine project objectives, and 3) develop an initial list of project measures to be evaluated. NHC will develop a list of proposed project objectives and measures to be evaluated prior to the workshop in concert with the City project manager in order to make the workshop more efficient. The following initial measures will be included:  Modify dredging extents, frequency, and volumes  Raise levees/floodwalls and existing ground in place  Selective minor levee setbacks or floodwalls  Bridge modifications/replacements  Interior drainage improvements 2 This scope follows USACE nomenclature for measures and alternatives: a measure is a defined stand-alone project element or action that at least partially meets project objectives; an alternative is a combination of measures that together are anticipated to fully meet project objectives. AGENDA ITEM #6. m) Project objectives will be developed using SMART criteria and addressing the full range of technical, environmental, and social constraints and opportunities. Initial project measures will be solicited from all stakeholders. Following the workshop, NHC will refine and develop metrics for evaluating each objective and develop a draft project goals and objectives document. This will be sent out for review to all workshop attendees. After review, a two-hour follow-up meeting will be required to finalize the objectives. Following the half-day workshop, the remainder of the day will be used to host a field trip to key sites in the project reach for any attendees who wish to do so. Assumptions:  Meeting will be hosted remotely Client Responsibilities:  Identify and invite selected stakeholders to the workshop  Participate in development of project objectives and measures Deliverables:  Workshop summary document, including list of all initial alternatives.  Draft and Final Project Goals and Objectives document. 3.2 – Screening Analysis and Alternatives Development (NHC) NHC, with assistance from the City project manager, will screen the list of initial measures against project objectives using existing information and qualitative evaluations. The purpose of the screening is to develop a set of alternatives for detailed evaluation in the next project task. Screening will: eliminate clearly infeasible measures, combine duplicate or very similar measures, and group the remaining measures into a set of four alternatives for detailed evaluation. It is anticipated the alternatives will use thematic or geographic grouping, for example: a dredging alternative, a levee system raise-in-place alternative, or a left bank levee system alternative. The screening methodology and results will be documented in a draft memorandum and distributed to the City and stakeholder group. A 2-hour meeting with stakeholders will be then be held to discuss and obtain concurrence on the results of the screening and refine the proposed alternatives. Assumptions: n/a Client Responsibilities:  Assist in initial screening  Participate in alternatives development meeting Deliverables: Draft and Final Measures Screening and Proposed Alternatives Memorandum. AGENDA ITEM #6. m) 3.3 – Alternatives Technical Analysis Under this task each of the proposed alternatives will be subjected to a full technical review as described below. Performance metrics for each project objective will be developed; this will also be done with the completed Without-Project condition to allow comparison across all alternatives and against the Without-Project condition. 3.3.1 River Hydraulics (NHC) The HEC-RAS model, described in Task 2.1.2, will be modified to include hydraulically relevant features of four alternatives. The same flood flows and lows flows as described in Task 2.1.2 will be used for simulation. This results in up to 168 flood simulations and 12 low flow simulations. 3.3.2 Dredging, Sediment, and Geomorphology (NHC) Findings and tools developed as part of Task 2.2.2 will be used to evaluate up to four alternatives in terms of effects on reach stability, performance relative to flood level reduction, permittability, and longevity considering existing and future sediment loading. Sediment management measures may include upstream sediment trapping, alternative dredge design, and/or modifications to the delta; however, non-sediment management options will also be considered. 3.3.3 Interior Drainage (Tetra Tech) The interior drainage analysis described in Task 2.4 will be updated to incorporate the features of the alternatives with the potentially to affect the interior storm drain system. Joint probability of interior and exterior flooding will be computed for four alternatives. 3.3.4 Civil Design, Constructability and Cost Estimating (Tetra Tech/Moffat & Nichol) Concepts for four alternatives identified under Task 3.1 will be developed to the level needed to describe performance in meeting project objectives. Each concept will be documented in a plan view sketch detailing critical features of the alternative. Planning level cost will be estimated. Construction methods and constructability aspects for each alternative will be evaluated. The assessment will focus on methods and equipment for sediment dredging and flood protection structure installation considering equipment river access points, dredge material beneficial reuse/disposal options, airport airspace restrictions, preservation of park and public access adjacent to the work area, traffic considerations, and protection of adjacent commercial work operations (Boeing), residential housing and private businesses during construction. 3.3.5 Economics, Equity and Social Justice (Tetra Tech) Up to four action alternatives will be evaluated by modifying one or more of the following: levee/wall heights, levee fragility, channel aggradation scenarios, or removal of structures from the inventory. Modeling will result in an estimate of benefits (damages reduced) for each alternative as an expected annual value. These benefits will be compared to costs for each alternative in order to calculate benefit- cost ratios for each alternative. Socio-economic impacts will use the HEC-FDA economics analysis and demographic data to determine disadvantaged populations and the impacts, positive or negative, each measure may create. For each alternative, maximum feasible protection level will be evaluated based AGENDA ITEM #6. m) upon benefits and costs. Optimization of the designs will be accomplished by variation in levee height or by provision of additional depth grid sets. It is assumed that optimization for levee height may be iterated to find the height at which benefits equal cost. The Civil Design element of the team will identify additional cost per increment of protection (per foot of height, per mile of length, etc.) and the point at which benefits equal costs will be estimated based on the HEC-FDA model. 3.3.6 Environment (GeoEngineers) The effects of alternative actions and/or design components on environmental resources and the impact of permit requirements on these alternatives will be evaluated. As part of this process, we will recommend habitat enhancements and/or mitigation that can be integrated into alternative designs and note limitations on the feasibility of implementing adequate mitigation for various alternatives. We will also document permit considerations in a permit matrix that can be used to inform the selection of an appropriate alternative design. Assumptions:  Four alternatives will be developed.  There will be a maximum of four mapped levees breached  There will be a maximum of two channel bed elevation scenarios (e.g. dredge condition and maximum bed profile) Client Responsibilities: Review and input as alternatives are analyzed, especially in regard to construction inputs and impacts Deliverables: Each technical discipline listed above will produce a technical memorandum describing the alternatives analysis. Report format will be based on the without-project condition reports, without description of methods used previously described. Mapping, tables, and other outputs will match those used in the without project reports. 3.4 Alternatives Comparison (NHC) Metrics from each technical review will be extracted to allow comparison between alternatives for all the project alternatives. The economic analysis will allow direct comparison of flood damage reduction benefits and costs for each alternative. Other anticipated metrics will evaluate ecological impacts (positive or negative), social justice and equity, and other objectives developed for the project. NHC will develop an alternatives comparison matrix summarizing the results of the technical analysis. NHC will facilitate a three-hour Alternatives Review Meeting where the City and stakeholders will be provided with the results of the analysis and a discussion of the merits of each alternative held. 3.4.1 Final Alternative Development and Comparison It is anticipated that the analysis may reveal that combining measures from two or more alternatives into a new alternative may be better than any of the initial alternatives evaluated. The desired outcome of the Alternatives Review Meeting is consensus on ranking of the alternatives evaluated, and definition of one additional alternative to be evaluated. AGENDA ITEM #6. m) This final alternative will be subject to the same technical evaluations and metrics as the prior alternatives as described in Task 3.3. NHC will incorporate the final alternative into the previously developed alternatives comparison matrix and a 2-hour Preferred Alternative Selection meeting will be held to formally select the alternative to be adopted. 4 Recommended Plan 4.1 Reporting (NHC) Consultant will develop the preferred alternative into a Capital Improvement Strategy document. The main body of the document will include summaries of the without project findings from the technical analysis, including existing and future flood risk and ecological state of the river. The plan development process will be described, including development of project goals, objectives, measures and alternatives, and the stakeholder involvement process. The alternatives evaluated will be described and compared and the reasoning for selection of the preferred alternative given. Additional information developed for the preferred alternative will include:  defining project uncertainties and risks,  project element recommended sequencing and dependencies,  concept level design drawings and cost estimates.  Anticipated permitting issues and mitigation requirements Without-project and alternatives evaluation reports for all technical disciplines will be included as appendices to the main document. Assumptions n/a Client Responsibilities: Review of document Deliverables: Draft and Final Flood Risk Reduction Feasibility Study AGENDA ITEM #6. m) Lower Cedar River Flood Risk Reduction Feasibility Study Task Sub Task1 Sub Task2 Total Task HoursTotal Task CostNHC Task HoursNHC Task CostTetra Tech Task HoursTetra Tech Task CostGeoE Task HoursGeoE Task CostMoffat-Nichol Task HoursMoffat-Nichol Task Cost1 Project Management 1.1 General Project Management 97 21,132$ 37 8,298$ 36 7,404$ 20 4,650$ 4 780$ 1.2 Project Coordination and Meetings Kickoff Meeting (2hr)16 3,615$ 4 859$ 6 1,168$ 4 1,024$ 2 564$ Bi-Weekly ProgressMeetings (1hr)118 26,329$ 72 15,468$ 24 5,440$ 18 4,293$ 4 1,128$ Project Milestone Meetings (3, 2hr ea)34 7,946$ 12 2,578$ 6 1,168$ 12 3,072$ 4 1,128$ Stakeholder Outreach Meetings (3)12 2,578$ 12 2,578$ 0 -$ 0 -$ 0 -$ 1.3 Stakeholder Coordination 20 4,297$ 20 4,297$ 2 Existing & Future Without-Project Assessment 2.1 River Hydraulics 2.1.1 Hydrology Update Frequency Analysis 10 1,241$ 10 1,241$ 0 -$ 0 -$ 0 -$ Climate Change Review 18 2,918$ 18 2,918$ 0 -$ 0 -$ 0 -$ Hydrograph Development 30 3,858$ 30 3,858$ 0 -$ 0 -$ 0 -$ Flow Duration Analysis 6 802$ 6 802$ 0 -$ 0 -$ 0 -$ 2.1.2 Hydrualic Modeling 2D Model Domain Addition and Testing 100 12,376$ 100 12,376$ 0 -$ 0 -$ 0 -$ Dredged Condition Simulations (21)34 4,584$ 34 4,584$ 0 -$ 0 -$ 0 -$ Allowable Bed Condition Simulations (21)42 5,462$ 42 5,462$ 0 -$ 0 -$ 0 -$ Low Flow Hydraulics (1D)7 1,050$ 7 1,050$ 0 -$ 0 -$ 0 -$ Coordination with Tetra Tech (FDA)54 7,871$ 54 7,871$ 0 -$ 0 -$ 0 -$ H&H Technical Memo (Appendix)66 9,531$ 66 9,531$ 0 -$ 0 -$ 0 -$ 2.2 Dredging, Sediment, & Geomorphology 2.2.1 Fieldwork Reach Assessment (2 days)36 5,243$ 36 5,243$ 0 -$ 0 -$ 0 -$ Delta Survey (1 day + processing)24 2,635$ 24 2,635$ 0 -$ 0 -$ 0 -$ 2.2.2 Geomorphic Synthesis Data Collection and Review 72 11,257$ 72 11,257$ 0 -$ 0 -$ 0 -$ Sediment Rating Curve 60 9,228$ 60 9,228$ 0 -$ 0 -$ 0 -$ 2.2.3 Dredging Review 12 3,156$ 0 -$ 0 -$ 0 -$ 12 3,156$ 2.3 Levee System 88 16,112$ 0 -$ 16 3,352$ 72 12,760$ 0 -$ 2.4 Interior Drainage 2.4.1 Update Hydrology Model 45 6,027$ 0 -$ 45 6,027$ 0 -$ 0 -$ 2.4.2 Update Hydraulic Model 95 12,105$ 0 -$ 95 12,105$ 0 -$ 0 -$ 2.4.3 Perform joint-probability analysis 46 6,258$ 0 -$ 46 6,258$ 0 -$ 0 -$ 2.4.4 Prepare summary technical memorandum 72 10,752$ 0 -$ 72 10,752$ 0 -$ 0 -$ 2.5 Environment 44 7,456$ 0 -$ 0 -$ 44 7,456$ 0 -$ 2.6 Economics, Equity, and Social Justice 2.6.1 Request, review, existing information 20 2,908$ 0 -$ 20 2,908$ 0 -$ 0 -$ 2.6.2 Meetings and Coordination 8 1,832$ 0 -$ 8 1,832$ 0 -$ 0 -$ 2.6.3 Identify damage categories, build spatial inventory 8 1,272$ 0 -$ 8 1,272$ 0 -$ 0 -$ 2.6.4 Incorporate Assessor's data, other valuation data, fill data gaps 16 2,544$ 0 -$ 16 2,544$ 0 -$ 0 -$ 2.6.5 Estimate structure, content, inventory base values 12 1,908$ 0 -$ 12 1,908$ 0 -$ 0 -$ 2.6.6 Assign SOTs (Dmg Fns)8 1,272$ 0 -$ 8 1,272$ 0 -$ 0 -$ 2.6.7 Link records to H&H grids 20 2,636$ 0 -$ 20 2,636$ 0 -$ 0 -$ 2.6.8 Populate FDA model suite (incl. H&H/uncert params)30 4,994$ 0 -$ 30 4,994$ 0 -$ 0 -$ 2.6.9 Run FDA model, catalog outputs 24 3,816$ 0 -$ 24 3,816$ 0 -$ 0 -$ 2.6.10 FDA post-processing for system-wide risk tabulation 30 5,610$ 0 -$ 30 5,610$ 0 -$ 0 -$ 2.6.11 Technical Documentation (draft, review, final)30 4,890$ 0 -$ 30 4,890$ 0 -$ 0 -$ 3 Alternatives Evaluation 3.1 Workshop 52 11,669$ 16 3,437$ 20 4,476$ 12 2,628$ 4 1,128$ 3.2 Screening Analysis 54 11,835$ 16 3,437$ 18 4,126$ 20 4,272$ 0 -$ 3.3 Alternatives Technical Analysis 2 564$ 0 -$ 0 -$ 0 -$ 2 564$ 3.3.1 River Hydraulics 224 30,124$ 224 30,124$ 0 -$ 0 -$ 0 -$ 3.3.2 Dredging, Sediment, & Geomorphology 180 27,270$ 172 25,242$ 0 -$ 0 -$ 8 2,028$ 3.3.3 Interior Drainage 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ Technical Analysis 22 3,018$ 0 -$ 22 3,018$ 0 -$ 0 -$ Documentation 35 4,437$ 0 -$ 35 4,437$ 0 -$ 0 -$ 3.3.4 Civil Design and Cost Estimating 283 49,098$ 0 -$ 244 40,644$ 9 1,722$ 30 6,732$ 3.3.5 Economics, Equity, and Social Justice 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ A) Meetings and Coordination 14 3,066$ 0 -$ 14 3,066$ 0 -$ 0 -$ B) Alternatives Modeling 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ i. Model update: Incorporate updated grids, levee heights, h&h params28 3,804$ 0 -$ 28 3,804$ 0 -$ 0 -$ ii. Model runs, final alternatives 16 2,544$ 0 -$ 16 2,544$ 0 -$ 0 -$ ii. Model runs, iteration for optimization 16 2,544$ 0 -$ 16 2,544$ 0 -$ 0 -$ iv. Post-processing final results and BCA presentation 14 2,506$ 0 -$ 14 2,506$ 0 -$ 0 -$ C) Technical Documentation (draft, review, final)20 3,740$ 0 -$ 20 3,740$ 0 -$ 0 -$ 3.3.6 Environment 52 9,444$ 0 -$ 0 -$ 52 9,444$ 0 -$ 3.4 Alternatives Comparison 116 20,404$ 78 13,038$ 30 5,518$ 8 1,848$ 0 -$ 4 Recommended Plan 4.1 Reporting 188 32,548$ 144 22,604$ 0 -$ 32 7,016$ 12 2,928$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ Total Hours/Total Labor Fee 2780 $458,116 1366 210,016$ 1029 167,779$ 303 60,185$ 82 20,136$ Total Labor Fee Direct Charges Mileage 145$ 28$ 117$ Survey Equipment, Boats, GPS, Ipad 500$ 500$ Total Direct Charges (incl by firm)645$ 528$ 117$ -$ -$ Total Fee (incl by Firm)458,761$ 210,544$ 167,896$ 60,185$ 20,136$ Although total project fee will remain unchanged, consultants reserves the right to adjust hourly rates annually in January upon Overhead rate approval by WSDOT. Hour and Cost Totals by Firm and Total Page 1 of 6 AGENDA ITEM #6. m) Lower Cedar River Flood Risk Reduction Feasibility Study NHC Hourly Rate 248$ 181$ 156$ 110$ 105$ 143$ 163$ Task Sub Task1 Sub Task2 Labor CategoryPrincipal T2Senior Engineer 1Sr. Scientist2 Jr. EngineerGIS/CAD DrafterSr Document EditorFiscal1 Project Management 1.1 General Project Management 24 12 1 1.2 Project Coordination and Meetings Kickoff Meeting (2hr) 2 2 Bi-Weekly ProgressMeetings (1hr) 36 36 Project Milestone Meetings (3, 2hr ea) 6 6 Stakeholder Outreach Meetings (3) 6 6 1.3 Stakeholder Coordination 10 10 2 Existing & Future Without-Project Assessment 2.1 River Hydraulics 2.1.1 Hydrology Update Frequency Analysis 2 8 Climate Change Review 1 1 16 Hydrograph Development 2 4 24 Flow Duration Analysis 2 4 2.1.2 Hydrualic Modeling 2D Model Domain Addition and Testing 4 12 80 4 Dredged Condition Simulations (21) 2 8 24 Allowable Bed Condition Simulations (21) 2 8 32 Low Flow Hydraulics (1D) 1 2 4 Coordination with Tetra Tech (FDA) 6 16 24 8 H&H Technical Memo (Appendix) 8 16 32 8 2 2.2 Dredging, Sediment, & Geomorphology 2.2.1 Fieldwork Reach Assessment (2 days) 18 18 Delta Survey (1 day + processing) 24 2.2.2 Geomorphic Synthesis Data Collection and Review 8 16 24 24 Sediment Rating Curve 4 24 8 24 2.2.3 Dredging Review 2.3 Levee System 2.4 Interior Drainage 2.4.1 Update Hydrology Model 2.4.2 Update Hydraulic Model 2.4.3 Perform joint-probability analysis 2.4.4 Prepare summary technical memorandum 2.5 Environment 2.6 Economics, Equity, and Social Justice 2.6.1 Request, review, existing information 2.6.2 Meetings and Coordination 2.6.3 Identify damage categories, build spatial inventory 2.6.4 Incorporate Assessor's data, other valuation data, fill data gaps 2.6.5 Estimate structure, content, inventory base values 2.6.6 Assign SOTs (Dmg Fns) 2.6.7 Link records to H&H grids 2.6.8 Populate FDA model suite (incl. H&H/uncert params) 2.6.9 Run FDA model, catalog outputs 2.6.10 FDA post-processing for system-wide risk tabulation 2.6.11 Technical Documentation (draft, review, final) 3 Alternatives Evaluation 3.1 Workshop 8 8 3.2 Screening Analysis 8 8 3.3 Alternatives Technical Analysis 3.3.1 River Hydraulics 20 40 140 24 3.3.2 Dredging, Sediment, & Geomorphology 12 40 40 80 3.3.3 Interior Drainage Technical Analysis Documentation 3.3.4 Civil Design and Cost Estimating 3.3.5 Economics, Equity, and Social Justice A) Meetings and Coordination B) Alternatives Modeling i. Model update: Incorporate updated grids, levee heights, h&h params ii. Model runs, final alternatives ii. Model runs, iteration for optimization iv. Post-processing final results and BCA presentation C) Technical Documentation (draft, review, final) 3.3.6 Environment 3.4 Alternatives Comparison 18 20 12 28 4 Recommended Plan 4.1 Reporting 20 40 24 40 16 4 Total Hours/Total Labor Fee 208 357 124 610 60 6 1 Total Labor Fee $51,624 $64,792 $19,282 $66,978 $6,321 $857 $163 Page 2 of 6 AGENDA ITEM #6. m) Lower Cedar River Flood Risk Reduction Feasibility Study Tetra Tech Hourly Rate $297 $243 $237 $202 $182 $177 $170 Task Sub Task1 Sub Task2 Labor Category Senior Engineer Senior Project Manager Senior Engineer II Senior Engineer II Senior Engineer II Senior Engineer I Engineer V 1 Project Management 1.1 General Project Management 24 1.2 Project Coordination and Meetings Kickoff Meeting (2hr) 2 2 Bi-Weekly ProgressMeetings (1hr) 16 Project Milestone Meetings (3, 2hr ea) 2 2 Stakeholder Outreach Meetings (3) 1.3 Stakeholder Coordination 2 Existing & Future Without-Project Assessment 2.1 River Hydraulics 2.1.1 Hydrology Update Frequency Analysis Climate Change Review Hydrograph Development Flow Duration Analysis 2.1.2 Hydrualic Modeling 2D Model Domain Addition and Testing Dredged Condition Simulations (21) Allowable Bed Condition Simulations (21) Low Flow Hydraulics (1D) Coordination with Tetra Tech (FDA) H&H Technical Memo (Appendix) 2.2 Dredging, Sediment, & Geomorphology 2.2.1 Fieldwork Reach Assessment (2 days) Delta Survey (1 day + processing) 2.2.2 Geomorphic Synthesis Data Collection and Review Sediment Rating Curve 2.2.3 Dredging Review 2.3 Levee System 8 8 2.4 Interior Drainage 2.4.1 Update Hydrology Model 5 4 2.4.2 Update Hydraulic Model 5 10 2.4.3 Perform joint-probability analysis 2 12 2.4.4 Prepare summary technical memorandum 8 24 2.5 Environment 2.6 Economics, Equity, and Social Justice 2.6.1 Request, review, existing information 2.6.2 Meetings and Coordination 2.6.3 Identify damage categories, build spatial inventory 2.6.4 Incorporate Assessor's data, other valuation data, fill data gaps 2.6.5 Estimate structure, content, inventory base values 2.6.6 Assign SOTs (Dmg Fns) 2.6.7 Link records to H&H grids 2.6.8 Populate FDA model suite (incl. H&H/uncert params) 2.6.9 Run FDA model, catalog outputs 2.6.10 FDA post-processing for system-wide risk tabulation 2.6.11 Technical Documentation (draft, review, final) 3 Alternatives Evaluation 3.1 Workshop 4 4 8 3.2 Screening Analysis 4 4 4 3.3 Alternatives Technical Analysis 3.3.1 River Hydraulics 3.3.2 Dredging, Sediment, & Geomorphology 3.3.3 Interior Drainage Technical Analysis 2 4 Documentation 2 3 3.3.4 Civil Design and Cost Estimating 22 28 40 12 32 3.3.5 Economics, Equity, and Social Justice A) Meetings and Coordination B) Alternatives Modeling i. Model update: Incorporate updated grids, levee heights, h&h params ii. Model runs, final alternatives ii. Model runs, iteration for optimization iv. Post-processing final results and BCA presentation C) Technical Documentation (draft, review, final) 3.3.6 Environment 3.4 Alternatives Comparison 4 4 4 8 4 Recommended Plan 4.1 Reporting Total Hours/Total Labor Fee 34 80 52 40 24 57 40 Total Labor Fee $10,098 $19,440 $12,324 $8,080 $4,368 $10,089 $6,800 Page 3 of 6 AGENDA ITEM #6. m) Lower Cedar River Flood Risk Reduction Feasibility Study Task Sub Task1 Sub Task2 1 Project Management 1.1 General Project Management 1.2 Project Coordination and Meetings Kickoff Meeting (2hr) Bi-Weekly ProgressMeetings (1hr) Project Milestone Meetings (3, 2hr ea) Stakeholder Outreach Meetings (3) 1.3 Stakeholder Coordination 2 Existing & Future Without-Project Assessment 2.1 River Hydraulics 2.1.1 Hydrology Update Frequency Analysis Climate Change Review Hydrograph Development Flow Duration Analysis 2.1.2 Hydrualic Modeling 2D Model Domain Addition and Testing Dredged Condition Simulations (21) Allowable Bed Condition Simulations (21) Low Flow Hydraulics (1D) Coordination with Tetra Tech (FDA) H&H Technical Memo (Appendix) 2.2 Dredging, Sediment, & Geomorphology 2.2.1 Fieldwork Reach Assessment (2 days) Delta Survey (1 day + processing) 2.2.2 Geomorphic Synthesis Data Collection and Review Sediment Rating Curve 2.2.3 Dredging Review 2.3 Levee System 2.4 Interior Drainage 2.4.1 Update Hydrology Model 2.4.2 Update Hydraulic Model 2.4.3 Perform joint-probability analysis 2.4.4 Prepare summary technical memorandum 2.5 Environment 2.6 Economics, Equity, and Social Justice 2.6.1 Request, review, existing information 2.6.2 Meetings and Coordination 2.6.3 Identify damage categories, build spatial inventory 2.6.4 Incorporate Assessor's data, other valuation data, fill data gaps 2.6.5 Estimate structure, content, inventory base values 2.6.6 Assign SOTs (Dmg Fns) 2.6.7 Link records to H&H grids 2.6.8 Populate FDA model suite (incl. H&H/uncert params) 2.6.9 Run FDA model, catalog outputs 2.6.10 FDA post-processing for system-wide risk tabulation 2.6.11 Technical Documentation (draft, review, final) 3 Alternatives Evaluation 3.1 Workshop 3.2 Screening Analysis 3.3 Alternatives Technical Analysis 3.3.1 River Hydraulics 3.3.2 Dredging, Sediment, & Geomorphology 3.3.3 Interior Drainage Technical Analysis Documentation 3.3.4 Civil Design and Cost Estimating 3.3.5 Economics, Equity, and Social Justice A) Meetings and Coordination B) Alternatives Modeling i. Model update: Incorporate updated grids, levee heights, h&h params ii. Model runs, final alternatives ii. Model runs, iteration for optimization iv. Post-processing final results and BCA presentation C) Technical Documentation (draft, review, final) 3.3.6 Environment 3.4 Alternatives Comparison 4 Recommended Plan 4.1 Reporting Total Hours/Total Labor Fee Total Labor Fee $145 $116 $114 $105 $299 $159 $131 $119 Engineer IV Engineer II Engineer II Engineer I Senior Planner II Planner V Admin Graphics 12 2 2 6 2 36 80 32 40 4 4 12 4 4 0 8 0 16 12 0 8 8 8 4 4 2 24 24 6 24 0 2 24 4 4 4 2 16 30 20 90 6 8 12 16 16 16 2 12 4 16 10 16 20 234 132 30 254 12 4 $2,320 $2,320 $26,676 $13,860 $8,970 $40,386 $1,572 $476 Page 4 of 6 AGENDA ITEM #6. m) Lower Cedar River Flood Risk Reduction Feasibility Study GeoEngineers - Environmental/Permit Hourly Rate 246$ 164$ 145$ 126$ 112$ $266 $231 Task Sub Task1 Sub Task2 Labor CategoryAssociate Geotechnical EngineerStaff 3 EngineerStaff 2 EngineerCAD/GIS SupportAdministrator 3Principal Environm ental Scientist Senior Scientist 1 Project Management 1.1 General Project Management 2 18 1.2 Project Coordination and Meetings Kickoff Meeting (2hr) 2 2 Bi-Weekly ProgressMeetings (1hr) 9 9 Project Milestone Meetings (3, 2hr ea) 6 6 Stakeholder Outreach Meetings (3) 1.3 Stakeholder Coordination 2 Existing & Future Without-Project Assessment 2.1 River Hydraulics 2.1.1 Hydrology Update Frequency Analysis Climate Change Review Hydrograph Development Flow Duration Analysis 2.1.2 Hydrualic Modeling 2D Model Domain Addition and Testing Dredged Condition Simulations (21) Allowable Bed Condition Simulations (21) Low Flow Hydraulics (1D) Coordination with Tetra Tech (FDA) H&H Technical Memo (Appendix) 2.2 Dredging, Sediment, & Geomorphology 2.2.1 Fieldwork Reach Assessment (2 days) Delta Survey (1 day + processing) 2.2.2 Geomorphic Synthesis Data Collection and Review Sediment Rating Curve 2.2.3 Dredging Review 2.3 Levee System 16 48 4 4 2.4 Interior Drainage 2.4.1 Update Hydrology Model 2.4.2 Update Hydraulic Model 2.4.3 Perform joint-probability analysis 2.4.4 Prepare summary technical memorandum 2.5 Environment 6 12 2.6 Economics, Equity, and Social Justice 2.6.1 Request, review, existing information 2.6.2 Meetings and Coordination 2.6.3 Identify damage categories, build spatial inventory 2.6.4 Incorporate Assessor's data, other valuation data, fill data gaps 2.6.5 Estimate structure, content, inventory base values 2.6.6 Assign SOTs (Dmg Fns) 2.6.7 Link records to H&H grids 2.6.8 Populate FDA model suite (incl. H&H/uncert params) 2.6.9 Run FDA model, catalog outputs 2.6.10 FDA post-processing for system-wide risk tabulation 2.6.11 Technical Documentation (draft, review, final) 3 Alternatives Evaluation 3.1 Workshop 4 4 4 3.2 Screening Analysis 4 8 8 3.3 Alternatives Technical Analysis 3.3.1 River Hydraulics 3.3.2 Dredging, Sediment, & Geomorphology 3.3.3 Interior Drainage Technical Analysis Documentation 3.3.4 Civil Design and Cost Estimating 3 6 3.3.5 Economics, Equity, and Social Justice A) Meetings and Coordination B) Alternatives Modeling i. Model update: Incorporate updated grids, levee heights, h&h params ii. Model runs, final alternatives ii. Model runs, iteration for optimization iv. Post-processing final results and BCA presentation C) Technical Documentation (draft, review, final) 3.3.6 Environment 10 16 3.4 Alternatives Comparison 8 4 Recommended Plan 4.1 Reporting 6 8 2 8 8 Total Hours/Total Labor Fee 52 62 12 6 4 44 71 Total Labor Fee $12,792 $10,168 $1,740 $756 $448 $11,704 $16,401 GeoEngineers - Geotechnical Page 5 of 6 AGENDA ITEM #6. m) Lower Cedar River Flood Risk Reduction Feasibility Study Task Sub Task1 Sub Task2 1 Project Management 1.1 General Project Management 1.2 Project Coordination and Meetings Kickoff Meeting (2hr) Bi-Weekly ProgressMeetings (1hr) Project Milestone Meetings (3, 2hr ea) Stakeholder Outreach Meetings (3) 1.3 Stakeholder Coordination 2 Existing & Future Without-Project Assessment 2.1 River Hydraulics 2.1.1 Hydrology Update Frequency Analysis Climate Change Review Hydrograph Development Flow Duration Analysis 2.1.2 Hydrualic Modeling 2D Model Domain Addition and Testing Dredged Condition Simulations (21) Allowable Bed Condition Simulations (21) Low Flow Hydraulics (1D) Coordination with Tetra Tech (FDA) H&H Technical Memo (Appendix) 2.2 Dredging, Sediment, & Geomorphology 2.2.1 Fieldwork Reach Assessment (2 days) Delta Survey (1 day + processing) 2.2.2 Geomorphic Synthesis Data Collection and Review Sediment Rating Curve 2.2.3 Dredging Review 2.3 Levee System 2.4 Interior Drainage 2.4.1 Update Hydrology Model 2.4.2 Update Hydraulic Model 2.4.3 Perform joint-probability analysis 2.4.4 Prepare summary technical memorandum 2.5 Environment 2.6 Economics, Equity, and Social Justice 2.6.1 Request, review, existing information 2.6.2 Meetings and Coordination 2.6.3 Identify damage categories, build spatial inventory 2.6.4 Incorporate Assessor's data, other valuation data, fill data gaps 2.6.5 Estimate structure, content, inventory base values 2.6.6 Assign SOTs (Dmg Fns) 2.6.7 Link records to H&H grids 2.6.8 Populate FDA model suite (incl. H&H/uncert params) 2.6.9 Run FDA model, catalog outputs 2.6.10 FDA post-processing for system-wide risk tabulation 2.6.11 Technical Documentation (draft, review, final) 3 Alternatives Evaluation 3.1 Workshop 3.2 Screening Analysis 3.3 Alternatives Technical Analysis 3.3.1 River Hydraulics 3.3.2 Dredging, Sediment, & Geomorphology 3.3.3 Interior Drainage Technical Analysis Documentation 3.3.4 Civil Design and Cost Estimating 3.3.5 Economics, Equity, and Social Justice A) Meetings and Coordination B) Alternatives Modeling i. Model update: Incorporate updated grids, levee heights, h&h params ii. Model runs, final alternatives ii. Model runs, iteration for optimization iv. Post-processing final results and BCA presentation C) Technical Documentation (draft, review, final) 3.3.6 Environment 3.4 Alternatives Comparison 4 Recommended Plan 4.1 Reporting Total Hours/Total Labor Fee Total Labor Fee GeoEngineers - Environmental/Permit Moffat-Nichol $120 $104 282$ 225$ 195$ Staff Biologist Admin 2 Principal EngineerSenior EngineerEngineer4 2 4 4 8 4 24 2 4 2 4 4 6 12 12 24 2 4 8 48 4 38 28 16 $5,760 $416 $10,716 $6,300 $3,120 Page 6 of 6 AGENDA ITEM #6. m) Lower Cedar River Flood Risk Reduction Feasibility Study Task Sub Task1 Sub Task2 1 Project Management 1.1 General Project Management 1.2 Project Coordination and Meetings Kickoff Meeting (2hr)◆ Bi-Weekly ProgressMeetings (1hr) Project Milestone Meetings (3, 2hr ea)◆ ◆ ◆ Stakeholder Outreach Meetings (3)◆ ◆ ◆ 1.3 Stakeholder Coordination 2 Existing & Future Without-Project Assessment 2.1 River Hydraulics 2.2 Dredging, Sediment, & Geomorphology 2.3 Levee System 2.4 Interior Drainage 2.5 Environment 2.6 Economics, Equity, and Social Justice 3 Alternatives Evaluation 3.1 Workshop 3.2 Screening Analysis 3.3 Alternatives Technical Analysis 3.3.1 River Hydraulics 3.3.2 Dredging, Sediment, & Geomorphology 3.3.3 Interior Drainage 3.3.4 Civil Design and Cost Estimating 3.3.5 Economics, Equity, and Social Justice 3.3.6 Environment 3.4 Alternatives Comparison 4 Recommended Plan 4.1 Reporting July August September 2021 2022 November December January February March AprilApril May June July August September October May June AGENDA ITEM #6. m) RM: 0.0RM: 0.1RM: 0.2RM: 0.3RM: 0.4RM: 0.5RM: 0.6RM: 0.7RM: 0.8RM: 0.9RM: 1.0RM: 1 . 1 RM: 1 . 2 RM: 1 . 3 R M: 1 . 4 RM: 1 . 5 R M: 1 . 6 R M : 1.7 R M : 1.8 RM: 1.9RM: 2.0 RM: 2.1RM: 2.2RM: 2.3 RM: 2.4RM : 2 .5RM: 2 .6RM: 2.7 RM: 2.8 RM: 2.9RM: 3.0 RM: 3.1 RM: 3.2RM: 3.3 RM: 3.4RM: 3.5RM: 3.6RM: 3.7RM: 3.8 RM: 3.9 R M : 4 .0RM: 4.1RM: 4.2RM: 4.3R M : 4.4RM: 4.5RM: 4.6 RM: 4.7RM: 4.8 R M : 4 .9RM: 5.0RM: 5.1RM: 5.2 RM: 5.3 RM: 5.4 RM: 5.5RM: 5.6 RM: 5.7 RM: 5.8 RM: 5.9RM: 6.0RM: 6.1RM: 6.2 RM: 6.3 RM: 6.4RM: 6.5RM: 6.6R M : 6.7RM: 6.8 RM: 6.9RM: 7.0RM: 7.1RM: 7.2RM: 7.3 RM: 7.4 RM: 7.5RM: 7.6 RM: 7.7RM: 7.8RM: 7.9RM: 8.0 RM: 8.1RM: 8.2RM: 8.3RM: 8.4RM: 8.5R M : 8 .6RM: 8.7 RM: 8.8RM: 8.9 RM: 9.0DOWNSTREAM LIMITOF STUDYDOWNSTREAM LIMITOF STUDY DOWNSTREAM LIMITOF STUDY DOWNSTREAM LIMITOF STUDY WilliamsAveS STobinStRainierAveN HardieAveSW BurnettAveSN6thSt LindAveNWRainierAveS 757thAveNE N 1 s tS tHouserWaySBr onsonWayNTaylorAveNWTa y l o r P l N W LoganAveN Rainier Ave SS2ndStLoganAveNS enecaAveNWN R iversideD rShattuckAveS BurnettAveNParkAveN GardenAveNAirportWayStevensAveNWLakeWashingtonTrailAccessRdTaxiwayB NishiwakiLn TaxiwayA WPerimeterRd Wells AveSCedarRiverUPSTREAM LIMIT OF STUDYUPSTREAM LI MI T OF STUDYUPSTREAM LIMIT OF STUDYUPSTREAM LIMIT OF STUDYRM: 0.0RM: 0.1RM: 0.2RM: 0.3RM: 0.4RM: 0.5RM: 0.6RM: 0.7RM: 0.8RM: 0.9RM: 1.0RM: 1.1RM: 1.2RM: 1.3RM: 1.4RM: 1.5RM: 1.6RM: 1.7RM: 1.8RM: 1.9RM: 2.0RM: 2.1RM: 2.2RM: 2.3RM: 2.4RM: 2.5 RM: 2.6 RM: 2.7RM: 2.8RM: 2.9RM: 3.0RM: 3.1RM: 3.2RM: 3.3RM: 3.4RM: 3.5RM: 3.6RM: 3.7RM: 3.8RM: 3.9RM: 4.0 RM: 4.1 RM: 4.2 RM: 4.3 RM: 4.4 R M : 4.5 RM: 4 . 6 RM: 4.7RM: 4.8RM: 4.9RM: 5.0R M : 5.1 RM: 5.2RM: 5.3RM: 5.4RM: 5.5RM: 5.6RM: 5.7RM: 5.8RM: 5.9RM: 6.0R M : 6.1 RM: 6.2RM: 6.3RM: 6.4RM: 6.5R M : 6.6RM: 6.7 RM: 6.8RM: 6.9R M: 7 . 0 R M: 7.1 RM: 7.2 RM: 7.3RM: 7.4RM: 7.5RM: 7.6RM: 7.7R M: 7.8 R M: 7 . 9 RM: 8.0RM: 8.1R M: 8.2 R M: 8.3 R M : 8 .4 R M : 8 .5 RM: 8.6 RM: 8.7RM: 8.8RM: 8.9RM: 9.0Bur net t Av eSL o g a n Av e SCedarRiverTrail Willi ams Av eSAccessRdHouserWaySPedestrianWalk Rent onAv eSN/BI-405RampI-405FWYNE3rdStEPerimeterRdMo n r o e Av e NEHouserWayNNE3rdStMapleValleyHwy(SR-169) MapleValleyHwy(SR-169)AccessRdMill Av eSEd mo n d s Av e SES/BI-405RampS E 5 th S tI-405FWYSE8thPl CedarRidgeDrSES/BI-405RampBensonRdSI-405FWYBeaconWaySN/BI-405RampI-405FWYI-405FWYCedar River TrailI-405FWYCedarRiverTrailBronsonWayNCedarRiver Lake Washington Le gend Cedar River Flowline Area of Inte rest FLO OD PLA IN 500-YR 100-YR !!0.1 0 0.1 0.20.05 Miles Renton Municipal Airport Boeing Renton HighSchool Renton Mem orial Stadium Rivier a Apartments Carco The atre Liber ty Par k CITY OF RENTONWASHINGTON LOWER CEDAR RIVER FLOOD RISK REDUCTION FEASIBILITY STUDY EXHIB IT A NOTES: 1. RIVER MILE (RM)2. FLOOD PLAIN BASED ON DATA TAKEN FROM PRELIMINARY FEMA FIR M PANELS 53033C0976G (2017), 53033C0981G (2017), 53033C0977G (2017), AND 53033C0664G (2017) RM 0 TO RM 2.7 AGENDA ITEM #6. m) 1  CITY OF RENTON, WASHINGTON  RESOLUTION NO. 4429  A  RESOLUTION  OF  THE  CITY  OF  RENTON,  WASHINGTON,  AUTHORIZING  THE  MAYOR  AND  CITY  CLERK  TO  ENTER  INTO  AN  INTERLOCAL  AGREEMENT  WITH  KING  COUNTY  ENTITLED  INTERLOCAL  COOPERATION  AGREEMENT  BETWEEN  KING  COUNTY  AND  THE  CITY  OF  RENTON  FOR  CONSERVATION  FUTURES‐ FUNDED OPEN SPACE ACQUISITION PROJECTS.  WHEREAS, the City and King County are authorized, pursuant to RCW Chapter 39.34, the  Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and  WHEREAS, the City entered into an interlocal cooperation agreement, under chapter  39.34 RCW, with King County on June 5, 1990, City agreement number CAG‐029‐90 (“original  Agreement”) which provides for the acquisition of monies through the Conservation Futures Levy  Fund for the purpose of acquiring open space; and  WHEREAS, the original Agreement was amended several times to add new projects; and   WHEREAS, the original Agreement, which requires that properties acquired with  Conservation Futures proceeds be maintained as open space in perpetuity, will remain in effect  with an indefinite term for the projects for which Conservation Futures proceeds were disbursed;  and  WHEREAS, the City and King County wish to enter into a new interlocal cooperation  agreement for future projects in order to add terms for the use of bond proceeds for certain  projects, achieve consistency between the agreement and the King County Code, and make other  technical changes;   NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO  RESOLVE AS FOLLOWS:  AGENDA ITEM # 8. a) 2  RESOLUTION NO. 4429  SECTION I.  The Mayor and City Clerk are hereby authorized to enter into an interlocal  agreement with King County entitled “Interlocal Cooperation Agreement Between King County  and  the  City  of  Renton  for  Conservation  Futures‐Funded  Open  Space  Acquisition  Projects,”  attached hereto as Exhibit “A” and incorporated by this reference.   PASSED BY THE CITY COUNCIL this 5th day of April, 2021.  ______________________________  Jason A. Seth, City Clerk  APPROVED BY THE MAYOR this 5th day of April, 2021.  ______________________________  Armondo Pavone, Mayor   Approved as to form:  ______________________________  Shane Moloney, City Attorney  RES.1869:2/17/2021  AGENDA ITEM # 8. a) RESOLUTION NO. 4429  3  EXHIBIT “A”  INTERLOCAL COOPERATION AGREEMENT BETWEEN KING  COUNTY AND THE CITY OF RENTON FOR CONSERVATION  FUTURES‐FUNDED OPEN SPACE ACQUISITION PROJECTS  AGENDA ITEM # 8. a) 1 INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON FOR CONSERVATION FUTURES-FUNDED OPEN SPACE ACQUISITION PROJECTS THIS INTERLOCAL COOPERATION AGREEMENT is a grant agreement entered into between the CITY OF RENTON (“City”) and KING COUNTY (“County”). Article I. Recitals On February 27, 1989, the King County Council passed Ordinance 8867, which established a process to allocate the proceeds of the Conservation Futures Fund. On September 21, 1989, the King County Council passed Ordinance 9128, which established a Conservation Futures Levy Fund to provide for the receipt and disbursement of Conservation Futures tax levy proceeds and established conditions for use of the Fund, including conditions covering allowable cost and expenses. On July 21, 2003, the King County Council passed Ordinance 14714, authorizing funding allocation procedures for King County Conservation Futures tax levy collections and amending Ordinance 8867, Section 2, as amended. The Conservation Futures Advisory Committee has recommended an allocation of Conservation Futures proceeds to specific projects from the Conservation Futures Levy Fund following notification to the cities that proceeds were available, provision of an opportunity for the cities to respond and receipt by the committee of requests for funding, all pursuant to Ordinance 8867, as amended by Ordinance 14714. Starting in 1990 and through 2017, the King County Executive, as authorized by the King County Council, executed Interlocal Cooperation Agreements with the cities of AGENDA ITEM # 8. a) 2 Auburn, Bellevue, Black Diamond, Bothell, Burien, Carnation, Covington, Des Moines, Duvall, Enumclaw, Federal Way, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Mercer Island, Milton, Newcastle, Normandy Park, North Bend, Pacific, Redmond, Renton, Sammamish, Seattle, Shoreline, Snoqualmie and Tukwila, and Vashon Park District. Many of these agreements were amended over time to add new projects. The existing Interlocal Cooperation Agreements remain in place with an indefinite term for the projects for which Conservation Futures proceeds were disbursed. The agreements require the properties to be maintained as open space in perpetuity. The King County Council, by Ordinance 18978, has approved a new Interlocal Cooperation Agreement for future projects in order to add terms for the use of bond proceeds for certain projects, achieve consistency between the agreement and the King County Code, and make other technical changes. Pursuant to chapter 39.34 RCW, the parties agree to the following: Article II. Definitions 1. Open Space The term “open space” or “open space land” means: (a) any land area so designated by an official comprehensive land use plan adopted by any city or county and zoned accordingly; or (b) any land area, the preservation of which in its present use would (i) conserve and enhance natural or scenic resources, or (ii) protect streams or water supply, or (iii) promote conservation of soils, wetlands, beaches or tidal marshes, or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife reserves, natural reservations or sanctuaries or other open space, or (v) enhance AGENDA ITEM # 8. a) 3 recreational activities, or (vi) preserve historic sites, or (vii) preserve visual quality along highway, road, and street corridors or scenic vistas, or (viii) retain in its natural state tracts of land of not less than one acre situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification, or (c) any land meeting the definition of farms and agricultural conservation under subsection (8) of RCW 84.34.020. As a condition of granting open space classification, the legislative body may not require public access on land classified under (b) (iii) of this subsection for the purpose of promoting conservation of wetlands. 2. Project The term “Project” means the specific projects described in Exhibit A or added by follow-on amendments to disburse proceeds pursuant to Section 8.2 of this agreement. 3. Conservation Futures The term “Conservation Futures” means developmental rights which may be acquired by purchase, gift, grant, bequest, devise, lease or otherwise, except by eminent domain, and may consist of fee simple or any lesser interest, development right, easement, covenant, or other contractual right necessary to protect, preserve, maintain, improve restore, limit future use of, or otherwise conserve open space land, all in accordance with chapter 84.34 RCW and K.C.C. chapter 26.12. Article III. Purpose of the Agreement AGENDA ITEM # 8. a) 4 The purpose of this agreement is to create a cooperative arrangement between the City and the County relating to the Project and to define the terms and conditions governing both parties’ obligations created by this agreement. Article IV. Term of Agreement This agreement shall be continued in full force and effect and binding upon the parties hereto upon execution of the agreement by both parties. The terms of the agreement shall be indefinite. The agreement will be terminated if the City is unable or unwilling: 1) to expend the proceeds provided through this agreement; 2) to satisfy the matching requirements contained in this agreement; and 3) upon reimbursement by the City to the County of all unexpended proceeds provided by the County pursuant to this agreement in the manner and amounts described below and payment of all amounts due pursuant to Section 8.1. Article V. Conditions of Agreement Section 5.1 -- Project Descriptions. Proceeds available pursuant to this agreement may be used only for the Projects listed in Exhibit A, such substituted Projects as may be approved by the County as set forth below, or Projects added by follow-on amendments to disburse proceeds pursuant to Section 8.2 of this agreement. All County funded Projects must meet open space criteria as described in chapter 84.34 RCW and K.C.C. chapter 26.12. Section 5.2 -- Use of Proceeds. Proceeds provided to the City pursuant to this agreement as well as moneys provided by the City as match pursuant to this agreement may be used only to pay capital costs related to property acquisition. Those costs include AGENDA ITEM # 8. a) 5 appraisals, title searches, negotiations, administrative overhead, and the cost of actual acquisition or purchase options, and all other costs meeting the requirements of K.C.C. 26.12.010. The City shall have the property valued by an appraisal performed by an independent state-certified real estate appraiser with a current general real estate appraiser license, and reviewed by an independent state-certified general real estate appraiser. In requesting reimbursement of proceeds for the Project, the City shall demonstrate to the County compliance with this Section 5.2. Proceeds utilized pursuant to this agreement may not be used to purchase land obtained through the exercise of eminent domain. Section 5.3 -- Completion/Substitution/Deletion of Projects. The City shall complete the Project described in Section 5.1 of this Agreement within a two year period from the effective date of the County ordinance appropriating funding for the Project. If the City does not meet this two year requirement, unless the City demonstrates to the Advisory Committee a compelling reason for continuance of CFT funding for the Project beyond the two-year limit or a reprogramming request is timely approved as provided for below, the County shall be released from any obligation to fund the Project, and the County in its sole discretion may reallocate such proceeds for other projects in other jurisdictions. The City may submit specific requests for project reprogramming to the County for its approval within the two year period. All projects proposed for reprogramming must meet open space criteria as described in chapter 84.34 RCW and K.C.C. chapter 26.12, be submitted for recommendation by the County’s Advisory Committee or its successor, and be approved by action of the King County Council. All AGENDA ITEM # 8. a) 6 reprogramming requests shall be submitted to the County’s Department of Natural Resources and Parks, Open Space Acquisitions Unit, or its successor. Section 5.4 -- Eminent Domain. If any Project requires the exercise of eminent domain to acquire the property, all proceeds provided pursuant to this agreement plus accrued interest on such proceeds shall be reprogrammed as provided in this agreement or repaid to the County. Article VI. Responsibilities of the City Section 6.1 -- Matching Requirements. Except for acquisitions of property interests in opportunity areas, as defined by K.C.C. 26.12.003, any Project funded by Conservation Futures Levy proceeds shall be supported by the City in which the Project is located with a matching contribution, which is no less than the amount of Conservation Futures Levy proceeds allocated to the Project. This contribution may be in the form of cash, land match with a valuation verified by an appraisal by an independent state- certified real estate appraiser with a current general real estate appraiser license, or the cash value, excluding King County conservation futures contributions, of other open spaces acquired within the previous two years from the date of submittal of the application by the City. The appraisal, to be reviewed, shall have been performed within two years of the application deadline set for the annual allocation of conservation futures tax levy proceeds under which the Property received funding. Properties considered as land match or cash value of other open space acquisitions should be directly linked to the property under application. Any City match, other than cash, shall require County AGENDA ITEM # 8. a) 7 approval. County approval and County acceptance of the City’s match will be transmitted in writing to the City by the County’s Designated Representative. Section 6.2 -- Reporting. All proceeds received pursuant to this agreement and accrued interest therefrom will be accounted for separately from all other City moneys, accounts and moneys. Until the property described in the Project is acquired and all proceeds provided pursuant to this agreement have been expended, the City shall provide the reports required by K.C.C. 26.12.035. Section 6.3 -- Disposition of Remaining Proceeds. If the City does not expend all proceeds obligated to be provided through this agreement and no substitute project is requested or approved as to the excess proceeds, such proceeds, if held by the City, shall be refunded to the County. For purposes of this section, "proceeds" shall include all moneys obligated to be provided by the County plus interest accrued by the City on such moneys. Any proceeds in excess of those required to be provided by the County for the actual costs of the Project shall remain with the County for use in its sole discretion. Section 6.4 -- Maintenance in Perpetuity. Except as provided in this Section 6.4, the City, and any successor in interest, agree to maintain properties acquired with proceeds provided pursuant to this agreement as open space in perpetuity and, as required by the County, to include in the real property records notice of this restriction. Projects carried out by the City in whole or in part with funds provided for under the terms of this agreement shall not be transferred or conveyed except by agreement with an agency or nonprofit organization as defined in K.C.C. 26.12.003, which shall provide that the land AGENDA ITEM # 8. a) 8 or interest in land shall be continued to be used for the purposes of K.C.C. chapter 26.12, and in strict conformance with the uses authorized under chapter 84.34 RCW. The City shall not change the status or use of properties acquired with proceeds provided pursuant to this agreement unless the City provides equivalent lands or cash in exchange for the land to be changed to a different use. The land shall be valued in its changed status or use, and not based upon its value as open space, and the replacement land or payment amount must be approved by the County. If requested by the County, at its own cost the City will provide the County an appraisal performed within the previous year by an independent state-certified real estate appraiser with a current general real estate appraiser license. The value established by the appraisal will not be binding on the County. If the County approves replacement land, the City shall complete the replacement within one year of approval. If the County approves cash reimbursement, the City shall pay the County within 90 days of approval. Section 6.5 – Tax Covenants. The City acknowledges that proceeds provided by the County for a Project may be proceeds of tax-exempt bonds (the “Bonds”) subject to certain requirements of the Internal Revenue Code of 1986, as amended (the “Tax Code”), including any implementing regulations and any administrative or judicial interpretations. The City will comply with Tax Code requirements, including those set forth in Exhibit B, which is incorporated herein, applicable to Bond-financed Projects identified in Exhibit A, which is incorporated herein, as well as Bond-financed Projects identified in subsequent amendments to this agreement. Article VII. Responsibilities of the County AGENDA ITEM # 8. a) 9 Subject to the terms of this agreement, the County will provide Conservation Futures Tax Levy proceeds in the amounts and for the Projects identified in Exhibit A as well as in those amounts and for those Projects identified in subsequent amendments to this agreement. The City may request additional proceeds; however, the County has no obligation to provide proceeds to the City in excess of the amount shown in Exhibit A. The County assumes no obligation for future support of the Project described herein except as expressly set forth in this agreement. Article VIII. Other Provisions Section 8.1 -- Hold Harmless and Indemnification. A. The County assumes no responsibility for the payment of any compensation, fees, wages, benefits or taxes to or on behalf of the City, its employees, contractors or others by reason of this agreement. The City shall protect, indemnify and save harmless the County, its officers, agents and employees from any and all claims, cost and whatsoever occurring or resulting from: 1) the City's failure to pay any compensation, fees, wages, benefits or taxes; and 2) the supplying to the City of work, services, materials or supplies by City employees or agents or other contractors or suppliers in connection with or in support of performance of this agreement. B. The City further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception, which occurs due to the negligent or intentional acts of this agreement by the City, its officer, employees, agent or representatives arising out of the performance of the terms of this agreement. AGENDA ITEM # 8. a) 10 C. The City shall protect, indemnify and save harmless the County from any and all costs, claims, judgments, or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the City, its officers, employees or agents in the performance of its obligations under the terms of this agreement. For the purposes of this agreement only, the City agrees to waive the immunity granted it for industrial insurance claims pursuant to Title 51 RCW to the extent necessary to extend its obligations under this paragraph to any claim, demand, or cause of action brought by or on behalf of any employee, including judgments, awards and costs arising therefrom including attorney's fees. D. To the extent permitted by law, and except to the extent caused by the sole negligence of the County, the City agrees, at its expense, to pay, and to indemnify and hold the County, its officers, employees or agents harmless of, from and against, any and all claims, damages, demands, losses, liens, liabilities, penalties, fines, taxes, lawsuits and other proceedings and costs and expenses (including attorneys’ fees) of every conceivable kind, character or nature whatsoever, arising directly or indirectly from or out of, or in any way connected with any examination or audit of any Bond issued to finance or refinance costs of any Bond-financed Project identified in Exhibit A as well as Bond-financed Projects identified in subsequent amendments to this agreement by the Internal Revenue Service, or any determination by the Internal Revenue Service or a court of competent jurisdiction that the interest on any such Bond is or should be subject to federal income taxation; provided, however, that the City shall not be liable for any payment made by the County with respect to any settlement of any such examination or AGENDA ITEM # 8. a) 11 audit, or of any other proceeding related thereto, entered into without the consent of the City. Section 8.2 -- Amendment. The parties reserve the right to amend or modify this agreement. Amendments or modifications to disburse proceeds approved by the County Council must be by written instrument signed by the parties substantially in the form of Exhibit C. Other amendments also must be approved by the respective City and County Councils. Section 8.3 -- Contract Waiver. No waiver by either party of any term or condition of this agreement shall be deemed or construed to be a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or different provision of this agreement. No waiver shall be effective unless made in writing. Section 8.4 -- Entirety. This agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated are excluded. This agreement merges and supersedes all prior negotiations, representations and agreements between the parties relating to the Project and constitutes the entire agreement between the parties. The parties recognize that time is of the essence in the performance of the provisions of this agreement. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: AGENDA ITEM # 8. a) 12 KING COUNTY CITY OF RENTON ____________________________ ________________________ Dow Constantine Armondo Pavone King County Executive Mayor Date: _________________ Date: _________________ Acting under the authority of Acting under the authority of Ordinance 18978 Resolution ______ Approved as to form: Approved as to form: ____________________________ ________________________ Dan Satterberg Shane Moloney King County Prosecuting Attorney City Attorney clb 2-25-21 1468 AGENDA ITEM # 8. a) 13 EXHIBIT A 2021 CONSERVATION FUTURES LEVY CITY OF RENTON ALLOCATION Jurisdiction Project Allocation Renton May Creek Fawcett ROFR $305,181 TOTAL $305,181 Project Description: Project #1138988: Renton – May Creek Fawcett ROFR The City of Renton is working to further expand the May Creek Greenway on its westernmost extent, between I-405 and Lake Washington Boulevard. Renton, in partnership with King County and Newcastle, have been assembling properties along May Creek for over 30 years to create a continuous soft-surface trail and natural area corridor from Lake Washington to Cougar Mountain Regional Wildland Park. The proposed acquisition of the 0.32-acre parcel may offer new local trail connections; May Creek Greenway trails are planned that would cross under I-405 and Lake Washington Boulevard in the future. Project funding was authorized in King County Ordinance 19210. Is this a Bond-financed Project? Yes AGENDA ITEM # 8. a) 14 EXHIBIT B Tax Covenants The City acknowledges that proceeds provided by the County for the Project may be proceeds of Bonds subject to certain requirements of the Tax Code. The City will take all actions with respect to the Project, and proceeds received for the Project, necessary to assure the exclusion of interest on the Bonds from the gross income of the owners of the Bonds, including but not limited to the following: (a) Expenditure of Proceeds. The City will expend proceeds of the Bonds received from the County for capital expenditures for federal income tax purposes within the meaning of Section 1.150-1(b) of the Tax Code. Bond proceeds may be expended to pay, or reimburse the City for, Project capital expenditures or to repay interim indebtedness incurred for capital expenditures of the Project. (b) Notice. The City will provide notice of action taken or planned to issue any tax-exempt indebtedness, including bonds, bank loans, or other tax-exempt indebtedness, to finance Project costs. (c) Treatment as Grant. (1) The City is a governmental entity possessing substantial taxing, eminent domain and police powers and constituting a political subdivision of the State. (2) The City is not acting as an agent of the County. (3) The grant of proceeds for the Project does not impose any obligation or condition to directly or indirectly repay any amount to the County (excluding obligations or conditions intended solely to assure expenditure of the transferred moneys in accordance with the governmental purpose of the transfer). (4) The grant is required to be used for open space as required under Article II but does not impose any conditions relating to the use of the Project or other property of the City by the County or any of its agencies or authorities. (5) This agreement is a grant agreement. (d) Limitations on Disposition of Project. The City will not sell or otherwise dispose of any components of the Project without prior approval by the County and compliance with timeframes for completion of land replacement or cash reimbursement as provided in Section 6.4. (e) Record Retention. The City will retain its records of all accounting and monitoring it carries out with respect to the Bond proceeds received and with respect to the AGENDA ITEM # 8. a) 15 Project for at least three years after the Bonds mature or are redeemed as provided in the amendment granting such Bond proceeds to the City. (f) Cooperation. The City will provide tax certificates when and as requested by the County or County’s bond counsel in order to establish or maintain the tax-exempt status of the Bonds. The City will cooperate in any audit of the Bonds by the Internal Revenue Service, including disclosure of any record, contracts and other materials relating to the Bond proceeds received by the City and the Project. AGENDA ITEM # 8. a) 16 EXHIBIT C AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF ________ FOR OPEN SPACE ACQUISITION PROJECTS Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County and certain cities. This amendment is entered into to provide for the allocation of additional proceeds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the _____ day of (Month), (Year), as previously amended. The parties agree to the following amendment: The Interlocal Cooperation Agreement is hereby amended by adding Exhibit 1, attached hereto. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. Once fully executed, this Amendment shall be incorporated into the existing Interlocal Cooperation Agreement as if fully set forth, and shall become Amendment __. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY CITY OF ________ ____________________________ ________________________ Dow Constantine King County Executive Mayor Date: _________________ Date: _________________ Approved as to form: Approved as to form: AGENDA ITEM # 8. a) 17 ____________________________ ________________________ Dan Satterberg King County Prosecuting Attorney City Attorney AGENDA ITEM # 8. a) 18 EXHIBIT 1 [YEAR] CONSERVATION FUTURES LEVY PROCEEDS CITY OF ________ ALLOCATION Jurisdiction Project Name (Project Number) Allocation [City Name] [Project Name] ([Project Number]) $ TOTAL $ Project Description: [Project Number] [City Name] – [Project Name] [Project Description used in legislation approving proceeds] Is this a Bond-financed Project? AGENDA ITEM # 8. a) 1  CITY OF RENTON, WASHINGTON    ORDINANCE NO. ________    AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON; REORGANIZING  CHAPTER 3‐1 OF THE RENTON MUNICIPAL CODE BY MOVING THE CITY CLERK’S  OFFICE TO THE EXECUTIVE DEPARTMENT AND ADDING THE EMERGENCY  SERVICES DIVISION TO THE EXECUTIVE DEPARTMENT BY MOVING SUBSECTION  3‐4‐5.C “CITY CLERK OFFICE” TO SECTION 3‐1‐4 OF THE RENTON MUNICIPAL  CODE, AMENDING THE LANGUAGE, AND RENAMING IT “CITY CLERK DIVISION;”  ADDING A NEW SECTION 3‐1‐8 “EMERGENCY MANAGEMENT DIVISION” TO  CHAPTER 3‐1 OF THE RENTON MUNICIPAL CODE; AND REPEALING SUBSECTION  3‐4‐5.C OF THE RENTON MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND  ESTABLISHING AN EFFECTIVE DATE.     THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:  SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in  strikethrough and underline edits remain in effect and unchanged.  SECTION II. Section 3‐1‐4 of the Renton Municipal Code is amended as follows:  3‐1‐4  RESERVED CITY CLERK DIVISION:  A. Division Established and Appointment: There is hereby established the  division of the City Clerk. The position of City Clerk shall be filled by appointment  by the Mayor, subject to confirmation by a majority of the City Council.  B. Duties: The City Clerk shall have all of the powers granted and duties  imposed by authority of the laws of the state of Washington and ordinances of the  City now existing or subsequently adopted. The City Clerk shall be a full‐time, non‐ civil service position who shall be in charge of the City Clerk Division. The City  Clerk, or deputy as assigned by the City Clerk, shall attend all meetings of the City  Council and keep a complete record of the proceedings thereof; and have custody  of the City’s seal, the original roll of ordinances, the original contracts, deeds and  AGENDA ITEM # 8. b) ORDINANCE NO. ________  2  certificates relative to the title of any property of the City and such other  documents as are required to be deposited with the City. The City Clerk, or deputy  as assigned by the City Clerk, shall attest all public instruments and official acts of  the Mayor and shall provide certified copies of original records as may be required  and make such charge therefor as provided by the City of Renton Fee Schedule.  The City Clerk, or deputy as assigned by the City Clerk, shall accept service for the  City during normal office hours pursuant to RCW 4.28.080(2).  C. Qualifications: The City Clerk must have those qualifications deemed  necessary for this job by the Mayor, indicated on the City’s City Clerk job  classification.  D. Designation of Public Records Officer:    1. The Public Records Act, Chapter 42.56 RCW, requires that all state and  local government agencies “appoint and publicly identify a public records officer  whose responsibility is to serve as a point of contact for members of the public in  requesting disclosure of public records and to oversee the agency’s compliance  with the public records disclosure requirements” under Washington law.  2. The City Clerk or designee is hereby designated as the public records  officer for the City of Renton.  Members of the public may direct requests for  disclosure of public records of the City of Renton to:  City Clerk  City Clerk’s Office  7th Floor, Renton City Hall  1055 S. Grady Way,  Renton, WA 98057  AGENDA ITEM # 8. b) ORDINANCE NO. ________  3  3. Notice of the designation of the City of Renton’s public records officer  shall be made in a manner reasonably calculated to provide notice to the public of  such designation, said notice to include, but not be limited to, the following:   posting at City Hall and other City of Renton buildings, posting on the City’s  Internet web site, regular broadcasting on the City’s government cable television  channel, and inclusion in appropriate City publications.   SECTION III. Chapter 3‐1 of the Renton Municipal Code is amended to add a new  section 3‐1‐8 to read as follows:     3‐1‐8 EMERGENCY MANAGEMENT DIVISION:  The Emergency Management Division shall be responsible for City‐wide  emergency migration, preparedness, response, and recovery programming.  SECTION IV.  Subsection 3‐4‐5.C of the Renton Municipal Code is repealed in its entirely  and marked “Reserved.”  C.    Reserved. City Clerk Office:  1.    Office Established And Appointment: There is hereby established the  office of the City Clerk. The position of City Clerk shall be filled by appointment by  the Mayor and confirmation by a majority of the City Council.  2.    Duties: The City Clerk shall have all of the powers granted and duties  imposed by authority of the laws of the state and ordinances of the City now  existing or subsequently adopted. The City Clerk shall be a full‐time, non‐civil  service position who shall be in charge of the City Clerk’s Office. The City Clerk, or  deputy as assigned by the City Clerk, shall attend all meetings of the City Council  AGENDA ITEM # 8. b) ORDINANCE NO. ________  4  and keep a complete record of the proceedings thereof; and have custody of the  City’s seal, the original roll of ordinances, the original contracts, deeds and  certificates relative to the title of any property of the City and such other records  or documents as are required to be deposited with the City. The City Clerk shall  attest all public instruments and official acts of the Mayor and shall provide  certified copies of original records as may be required and make such charge  therefor as provided by ordinance.  3.    Qualifications: The City Clerk must have those qualifications deemed  necessary for this job by the Mayor, indicated on the City’s City Clerk job  classification.   SECTION V. If any section, subsection, sentence, clause, phrase or work of this  ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,  such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other  section, subsection, sentence, clause, phrase or word of this ordinance.  SECTION VI. This ordinance shall be in full force and effect thirty (30) days after  publication of a summary of this ordinance in the City’s official newspaper.  The summary shall  consist of this ordinance’s title.      PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2021.                         Jason A. Seth, City Clerk    AGENDA ITEM # 8. b) ORDINANCE NO. ________  5  APPROVED BY THE MAYOR this _______ day of _____________________, 2021.                         Armondo Pavone, Mayor    Approved as to form:             Shane Moloney, City Attorney  Date of Publication:      ORD:2158:2/24/2021  AGENDA ITEM # 8. b)